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CCPC Agenda 01/26/2012 EARCCPC SPECIAL MEETING AGENDA JANUARY 26., 2012 County Clerks Office 4th Floor Administration Building (F) Attn: Patricia Morgan COLLIER COUNTY GROWTH MANAGEMENT PLAN one miss I ane I am-if_. T got T- -_.01"I t _ 2011 EAR -Based Amendments Collier County Planning Commission January 26, 2012 [continued to January 27, 2012, if needed] ise�mr -- w ■ 15 Qw. 1. 0, ...� -_w t _ 2011 EAR -Based Amendments Collier County Planning Commission January 26, 2012 [continued to January 27, 2012, if needed] CCPC SPECIAL AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., T'111. .Si AV,, J iR ' � 012 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY n 3. PLANNING COMMISSION ABSENCES 4. ADVERTISED PUBLIC HEARINGS A. EAR -BASED GROWTH MANAGEMENT PLAN ELEMENT AMENDMENTS TRANSMITTAL, AS FOLLOWS: CAPITAL IMPROVEMENT ELEMENT TRANSPORTATION ELEMENT PUBLIC FACILITIES ELEMENT: SANITARY SEWER SUB - ELEMENT POTABLE WATER SUB- ELEMENT DRAINAGE SUB - ELEMENT SOLID WASTE SUB - ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT HOUSING ELEMENT RECREATION & OPEN SPACE ELEMENT CONSERVATION & COASTAL MANAGEMENT ELEMENT INTERGOVERNMENTAL COORDINATION ELEMENT FUTURE LAND USE ELEMENT GOLDEN GATE AREA MASTER PLAN ECONOMIC ELEMENT PUBLIC SCHOOLS FACILITIES ELEMENT ADJOURN 1,21 l2 Special CCPC Agen&K Simk TABLE OF CONTENTS CCPC - Transmittal of 2011 EAR -Based GMP Amendments January 26, 2012 `Special' Agenda 1) TAB: Table of Contents DOCUMENT: Table of Contents 2) TAB: Legal Advertising DOCUMENT: CCPC Legal Advertisement 3) TAB: Staff Report(s) DOCUMENTS:CCPC Transmittal Staff Report; EAC Transmittal Staff Report 4) TAB: Summary of Changes DOCUMENTS: Recommendations per CCPC10 /14/11 Workshop and EAC 12/07/11 Transmittal Hearing 5) TAB: CIE DOCUMENTS: Capital Improvement Element; CIE Assessment and Recommendations 6) TAB: TE DOCUMENTS: Transportation Element; TE Assessment and Recommendations 7) TAB: SS Sub - Element DOCUMENTS: Sanitary Sewer Sub- Element/Public Facilities Element; SS Assessment and Recommendations 8) TAB: PW Sub - Element DOCUMENTS: Potable Water Sub- Element/Public Facilities Element; PW Assessment and Recommendations 9) TAB: Drainage Sub - Element DOCUMENTS: Drainage Sub- Element/Public Facilities Element; Drainage Assessment and Recommendations 10) TAB: SW Sub - Element DOCUMENTS: Solid Waste Sub- Element/Public Facilities Element; SW Assessment and Recommendations 11) TAB: NGWAR Sub - Element DOCUMENTS: Natural Groundwater Aquifer Recharge Sub- Element/Public Facilities Element; NGWAR Assessment and Recommendations 12) TAB: HE DOCUMENTS: Housing Element; HE Assessment and Recommendations 13) TAB: ROSE DOCUMENTS: Recreation & Open Space Element; ROSE Assessment and Recommendations 14) TAB: CCME DOCUMENTS: Conservation & Coastal Management Element; CCME Assessment and Recommendations 15) TAB: ICE DOCUMENTS: Intergovernmental Coordination Element; ICE Assessment and Recommendations 16) TAB: FLUE DOCUMENTS: Future Land Use Element; FLUE Assessment and Recommendations 17) TAB: GGAMP DOCUMENTS: Golden Gate Area Master Plan: GGAMP Assessment and Recommendations 18) TAB: EE DOCUMENTS: Economic Element; EE Assessment and Recommendations 19) TAB: PSFE DOCUMENTS: Public Schools Facilities Element; PSFE Assessment and Recommendations rdla NOTICE OF PUBLIC HEARING AND NOTICE OF RESOLUTION Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) on Thursday, January 26, 2012 at 9.00 A.M. in the Board of County Commissioners Third Floor Chambers, County Government Center, 3299 East Tamiami Trail, Naples, Florida 34112. The purpose of the hearing is to consider a recommendation on the transmittal of the EAR -Based amendments to the Growth Management Plan; specifically to the Capital Improvement Element, Transportation Element, Sanitary Sewer Sub - Element, Potable Water Sub - Element, Drainage Sub - Element, Solid Waste Sub - Element and Natural Groundwater Aquifer Recharge Sub - Element of the Public Facilities Element, Housing Element, Recreation and Open Space Element, Conservation and Coastal Management Element, Intergovernmental Coordination Element, Future Land Use Element and Future Land Use Map and Map Series, Golden Gate Area Master Plan Element, Economic Element and Public Schools Facilities Element; and a recommendation to the Collier County Board of County Commissioners for Transmittal to the Florida Department of Economic Opportunity. The Resolution title is as follows: RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; SANITARY SEWER SUB - ELEMENT, POTABLE WATER SUB - ELEMENT, DRAINAGE SUB - ELEMENT, SOLID WASTE SUB - ELEMENT, AND NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT OF THE PUBLIC FACILITIES ELEMENT; HOUSING ELEMENT; RECREATION AND OPEN SPACE ELEMENT; CONSERVATION AND COASTAL MANAGEMENT ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT; FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; GOLDEN GATE AREA MASTER PLAN ELEMENT, ECONOMIC ELEMENT, AND PUBLIC SCHOOLS FACILITIES ELEMENT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. Collier County Florida .Z All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for inspection at the Comprehensive Planning Section of the Land Development Services Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, or website link: http :hWww.colliergov.neUlndex.a,spx ?page =3286. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. (239- 252 - 2400). Written comments filed with the Comprehensive Planning Section of Land Development Services Department prior to Thursday, January 26, 2012 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335, Suite 101, Tamiami Trail East, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. Mark P. Strain, Chairman Collier County Planning Commission No. 240173975 January 11 2012 i[�e�r STAFF REPORT COLLIER COUNTY PLANNING COMMISSION EVALUATION AND APPRAISAL REPORT (EAR) — BASED GROWTH MANAGEMENT PLAN AMENDMENTS TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMPREHENSIVE PLANNING SECTION, LAND DEVELOPMENT SERVICES DEPARTMENT, GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION HEARING DATE: JANUARY 26, 2012 SUBJECT: REVIEW OF PROPOSED COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS BASED ON THE 2011 EVALUATION & APPRAISAL REPORT, SPECIFICALLY, AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; SANITARY SEWER SUB - ELEMENT, POTABLE WATER SUB - ELEMENT, DRAINAGE SUB - ELEMENT, SOLID WASTE SUB - ELEMENT, AND NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT OF THE PUBLIC FACILITIES ELEMENT; HOUSING ELEMENT; RECREATION AND OPEN SPACE ELEMENT; CONSERVATION AND COASTAL MANAGEMENT ELEMENT; INTERGOVERNMENTAL COORDINATION ELEMENT; FUTURE LAND USE ELEMENT; GOLDEN GATE AREA MASTER PLAN; ECONOMIC ELEMENT; AND, PUBLIC SCHOOLS FACILITIES ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [TRANSMITTAL HEARING] INTRODUCTION The contents of the accompanying binder comprise the proposed Growth Management Plan amendments based on the 2011 Evaluation & Appraisal Report (EAR) for Planning Commission (CCPC) consideration and recommendation to carry forward to the Board of County Commissioners (BCC). BACKGROUND Florida Statutes require all local governments within the State to maintain comprehensive planning programs based on an adopted local government comprehensive plan. As part of this planning requirement, local governments must monitor changing conditions and use this information to guide periodic amendments to their local comprehensive plans. Within Collier County the local comprehensive plan is the Growth Management Plan (GMP), originally adopted by Ordinance No. 89- 05. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two -phase process. The first phase is preparation and adoption of the Evaluation & Appraisal Report (EAR). The EAR evaluates the performance of the various elements of the local �-� government comprehensive plan since the previous EAR -based amendment process. The EAR also -1- Comprehensive Planning Section Land Development Services Department assesses the Goals, Objectives, and Policies included within the GMP for their successes and shortcomings and provides recommendations for necessary changes. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. Recommendations contained in the EAR have become the basis of proposed amendments to the local government comprehensive plan, the second — and present -- phase of the process. These EAR -based amendments, as reviewed by the EAC and the CCPC, subsequently adopted by the BCC and found in compliance with Chapter 163, F.S., become part of the Goals, Objectives and Policies of the GMP. As noted, the proposed amendments inside the binder are based on the direction provided within the EAR as adopted by the BCC on January 31, 2011. Following the BCC adoption of the EAR, the DCA conducted a sufficiency review and determined that the EAR was sufficient, as defined in Subsection 163.191(2) Florida Statutes, and that the County may proceed with the adoption of EAR -based amendments. Additionally, with the passage of HB 7207 in 2011 — which drastically overhauled the process and requirements of local government comprehensive plans — the CCPC is being asked to provide recommendations on policy and objective changes that had been proposed with the adopted EAR, but no longer are required by the State. An example of this situation is the abandonment of green house gas reduction and energy efficiency requirements previously mandated through HB 697 in 2008. Notwithstanding this changing regulatory environment, Staff has prepared the directed EAR - based amendments. The amendments proposed herein are based on the adopted 2011 EAR; and as such, the EAR is the data and analysis in support of the amendments. Not included in proposed EAR -based amendments is the Immokalee Area Master Plan (TAMP), which will be processed as a separate GMP- amendment, the timing of which is being determined by the Immokalee Community Redevelopment Agency (CRA). Additionally, the Rural Lands Stewardship Area (RLSA) amendments, generated at the conclusion of the RLSA 5 -year review and designated within the EAR as the Overlay's assessment, are not included in these EAR -based amendments. The RLSA amendments were directed by the BCC at their December 13, 2011 Public Hearing to be processed in a cycle separate from the EAR -based amendments. STAFF ANALYSIS These amendments are limited in scope to those recommended in the EAR. Though not necessarily recommended by specific reference in the EAR, general updating and word - smithing ( "housecleaning ") amendments are allowed as part of this amendment process; these include the wholesale removal of references to Rule 9J -5 of Florida Administrative Code (FA. C.) made necessary by the State's adoption of HB 7207, properly referencing applicable sections of Chapter 163 of Florida Statute, updating ordinance numbers, revising /correcting government agency names, reformatting, etc. [Sidenote: with the adoption of HB 7207, the "R" in the "EAR" process now stands for "Review" rather than "Report"] Within each Element provided in the binder, all Goals and Objectives of the respective Element appear, whether or not they are recommended for change. The Goals and Objectives provide context where changes have been directed for subsequent policies. Where a Goal or Objective itself is recommended for change, it is accompanied by a [bracketed notation] indicating the nature of such change and its present page location in the Element for reference. As noted, additional detail related to the proposed modifications may be found in the adopted EAR Assessment and Recommendations report included for each Element in this binder. Where a Goal or Objective is not recommended for change, it is accompanied by a [bracketed notation] simply to provide context for the subsequent policies that are recommended for change. .2_ Comprehensive Planning Section Land Development Services Department A notable difference of the presently proposed EAR -based amendments from the amendments recommended within the EAR is found in the Golden Gate Area Master Plan (GGAMP). During the EAR transmittal and adoption hearings, a number of initially recommended changes were withdrawn ^ from consideration, with the suggestion that they be deferred until taken up again under a comprehensive re -study of the GGAMP. These initially recommended changes will remain unaddressed in the short term, until the BCC directs staff to initiate the re- study. It should be noted that at the January 25, 2011 BCC public hearing, the BCC directed staff to delay the re -study and reconsider the question at a later date. One additional difference of the presently proposed EAR -based amendments from the amendments recommended within the EAR surrounds the County's Master Mobility Plan (MMP). The proposed MMP and the potential policy and objective recommendations have not been adopted along a timeline initially anticipated by the EAR, and remain under review. All GMP amendments generated by the MMP will be processed in a stand -alone GMP amendment cycle. These EAR -based GMP amendments, as noted, are affected by the adoption of HB 7207, which took place after the January 2011 BCC adoption of the EAR, but prior to the preparation of these materials. Most notable of these effects will be the wholesale removal of references to Rule 9J -5 of the Florida Administrative Code (FA. C.) from the Elements and Sub - Elements of the GMP HB 7207 repealed all of Rule 9J -5 and moved approximately one - quarter of its provisions into [Chapter 163 of] Florida Statutes (F.S.), or incorporated into other regulation. Not every reference to the newly legislated locations for these comprehensive planning provisions is currently understood, given the adoption of HB 7207. Remnants of Rule 9J -5 will continue to be used for technical assistance and the County may choose to incorporate certain parts of the defunct Rule into the GMP. These EAR -based GMP amendments are not affected, however, by the recent adoption of HB 7207 insofar as the State agencies' amendment review process and timetable. Plan amendments based on an Evaluation and Appraisal Report (EAR) have not been expedited by the new legislation, as have some other processes subject to State review and oversight. These EAR -based GMP amendments will continue to follow the traditional review process, including the full review and assessment period given to the Division of Community Planning (DCP) in the Florida Department of Economic Opportunity (DEO) that its predecessor, the Department of Community Affairs, enjoyed. As noted, the adoption of HB 7207 has affected the requirements of the earlier- adopted HB 697, regarding greenhouse gas emissions, and energy efficiency and conservation. While no longer statutorily required, the Policies and Objectives within the EAR being proposed for change are retained. Their promotion is essential to encourage energy efficient land use patterns and discourage urban sprawl through transportation and conservation strategies, particularly the reduction in greenhouse gas emissions from the transportation sector. These strategies associated with transportation, land use and conservation are still relevant to the County and should be strongly contemplated to remain. Organization of Proposed EAR -based Amendments The proposed 2011 EAR -based amendments are organized into a single -bound report containing 3 main parts: ❖ The Summary of Chanaes to EAR -based GMP Amendments. This Summary identifies those amendments confirmed in the CCPC Workshop and recommended by the EAC for consideration by the CCPC to approve for Transmittal; ❖ Each of the GMP Elements with the proposed strike through and underlined modifications to the appropriate Policies and Objectives, updated per the CCPC Workshop and the EAC Transmittal Hearing; and, -3- Comprehensive Planning Section Land Development Services Department ❖ The adopted EAR Assessment of Successes & Shortcomings and Recommendations report corresponding with each Element. The adopted EAR Assessment report for each Element is included to provide the original guidance for the proposed amendments within the Element. As described above, the structure of the EAR -based GMP amendments inter - relates all of the chapters contained in the report. STAFF RECOMMENDATION That the CCPC forward these EAR -based GMP amendments to the Board of County Commissioners with a recommendation to approve for Transmittal to the Florida Department of Economic Opportunity. PREPARED BY: 14��� CORBY SCH IDT, AICP, PRINCIPAL PLANNER DATE GROWTH MA AGEMENT DIVISION /PLANNING AND REGULATION LAND DEVEL PMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION REVI�iQ(ED BY: DAVID WEEKS, AICP, GMP MANAGER DATE GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION - J", 1 Z-15' -7-C) (l � I LIAM D. LOR Z, JR., FE., DIRECTOR DATE GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION LAND DEVELOPMENT SERVICES DEPARTMENT APPROVED BY: C SA NGUIDA DATE DEPUTY DIVISION ADMINISTRATOR GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC bansmitlal - EAR -based GMP amendnx tts►CCPC Transmittal - EAR -based Amendments - Staff ReporL3.dax /,g -4- Comprehensive Planning Section Land Development Services Department AM hL i9 Ji- ..i STAFF REPORT ENVIRONMENTAL ADVISORY COUNCIL EVALUATION AND APPRAISAL REPORT (EAR) — BASED GROWTH MANAGEMENT PLAN AMENDMENTS TO: COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL FROM: COMPREHENSIVE PLANNING SECTION, LAND DEVELOPMENT SERVICES DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: DECEMBER 7, 2011 SUBJECT: REVIEW OF PROPOSED COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS BASED ON THE 2011 EVALUATION & APPRAISAL REPORT SPECIFICALLY, AMENDMENTS TO THE DRAINAGE SUB - ELEMENT AND NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND, CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [TRANSMITTAL HEARING] INTRODUCTION The contents of the accompanying notebook comprise the proposed 2011 Evaluation & Appraisal Report (EAR) -based Growth Management Plan amendments for the Environmental Advisory Council (EAC). The goal of staff is to have the EAC consider the EAR -based amendments and provide a recommendation on the proposed amendments to carry forward through subsequent Transmittal hearings, by the Collier County Planning Commission (CCPC) and Board of County Commissioners (BCC). BACKGROUND Florida Statutes require all local governments within the State to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this planning requirement, the local government must monitor changing conditions and use this information to guide periodic amendments to the local comprehensive plan. Within Collier County the local comprehensive plan is the Growth Management Plan (GMP), originally adopted by Ordinance No. 89 -05. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two- phase process referred to as the Evaluation & Appraisal Report (EAR). The EAR evaluates the performance of the various Elements of the local government comprehensive plan since the previous EAR -based amendment process. It assesses the successes and shortcomings of the various Goals, Objectives, and Policies included within the GMP and provide recommendations for necessary changes. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. -1- Comprehensive Planning Section Land Development Services Department The recommendations contained in the EAR have become the basis of proposed amendments to the local government comprehensive plan, the second — and present — phase of the process. These EAR -based amendments, as reviewed by the EAC and the CCPC, and subsequently adopted by the BCC and found in compliance with the Chapter 163, F.S., become part of the Goals, Objectives and Policies of the GMP until the next EAR is prepared in seven years. STAFF ANALYSIS The amendments that are the subject of this staff report are limited in scope primarily to those recommended in the EAR. Though not necessarily recommended by specific reference in the EAR, general updating and word - smithing ( "housecleaning ") amendments are allowed as part of this amendment process; these include the wholesale removal of references to Rule 9J -5 of Florida Administrative Code (F.A.C.) made necessary by the State's adoption of HB 7207, properly referencing applicable sections of Chapter 163 of Florida Statute, updating ordinance numbers, revising /correcting government agency names, word - smithing, reformatting, and rearranging the order of Districts /Subdistricts, etc. [Sidenote: with the adoption of HB 7207, the "R" in the "EAR" process now stands for "Review" rather than "Report".] Within each Element of the workbook are the Goals and Objectives of the respective Element recommended for change. Certain Goals and Objectives are being provided to grant context for the policies where changes have been directed. Where a Goal or Objective is recommended for change, it is accompanied by a [bracketed notation] indicating the nature of such change and its present page location in the Element for reference. As noted, additional detail related to the proposed modifications may be found in the adopted EAR assessment report included for each Element in this notebook. Where a Goal or Objective is not recommended for change, it is accompanied by a [bracketed notation] to provide context for the subsequent Policies that are to change. Not included in proposed EAR -based amendments is the Immokalee Area Master Plan (TAMP), which n is currently and separately in the process of consideration for amendment. Additionally, the Rural Lands Stewardship Area (RLSA) amendments, generated at the conclusion of the RLSA 5 -Year review and designated within the EAR as the Overlay's assessment, are not included in the EAR - based amendments and will be processed within a cycle expected to begin with a workshop with the CCPC in early 2012. Organization of Proposed EAR -based Amendments The proposed 2011 EAR -based amendments are organized into a single -bound report containing 3 parts: ❖ Each of the GMP Elements with the proposed strike through and underlined modifications to the appropriate Policies and Objectives, updated per the CCPC Workshop; ❖ The Summary of Changes Recommended at CCPC Workshop on EAR -based GMP Amendments. This Summary identifies those amendments confirmed by the CCPC for those Elements and Sub - Elements to be considered by the EAC for transmittal; and, ❖ The corresponding adopted EAR Assessment of Successes & Shortcomings and Recommendations report for each Element. The adopted EAR Assessment report for each Element is included to provide the original guidance for the proposed amendments within the Element. -2- Comprehensive Planning Section Land Development Services Department As described above, the structure of the EAR -based GMP amendments inter - relates all of the chapters contained in the report. Based upon the scope of review for the EAC however, all GMP Elements and Sub - Elements are not provided within the EAC EAR -based amendment notebooks. To correspond with the area of concentration of the EAC, the Elements provided for are the Conservation and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub- Element (NGWAR), and the Drainage Sub - Element. STAFF RECOMMENDATION That the EAC forward these EAR -based GMP amendments to the Collier County Planning Commission with a recommendation to approve for Transmittal to the Florida Department of Economic Opportunity. CORBY CH EDT, AICP, PRI CIPAL PLANNER DATE GROWTH MA AGEMENT DIVISION /PLANNING AND REGULATION LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION REVIEWED BY: DAVID WEEKS, AICR GMP MANAGER DATE GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION 61Z 5. LORFAZ, JR., .E., DIRECTOR DATE GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION LAND DEVELOPMENT SERVICES DEPARTMENT F PROVE BY: "NICK CASAL4NGUIDA DA DEPUTY DIVISION ADMINJI TRATOR GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION G:ICDES Planning ServiceslComprehensiveMll EAR -BASED GMP AMENDMENTSIEAC transmittal - EAR -based GMP amendments\? Dec 11 EAC Transmittal Hearing - EAR -based Amendments -Staff Report_4.docx -3- Comprehensive Planning Section Land Development Services Department SUMMARY OF CHANGES RECOMMENDED AT CCPC WORKSHOP AND EAC TRANSMITTAL HEARING TO EAR -BASED GMP AMENDMENTS Potential Policy Issues A small number of recommendations from the EAC do not relate directly with the adopted Evaluation and Appraisal Report (EAR). Certain entries appearing under the Drainage Sub - Element and Conservation & Coastal Management Element below are listed separately from those recommendations with a clear relationship with the adopted EAR, and can be identified by their less- formal font style and an identifying "(staff- assigned reference number)" immediately following each entry. These entries present potential policy issues for consideration at a later date, unless the relationship between these entries can be established with the adopted EAR. If so established, then these changes could be considered for Transmittal as part of the EAR -based amendments. 1. Capital Improvement Element (CIE) CCPC (& staff) changes to the CIE as recommended at the October 14, 2011 workshop: • Policy 1.5.F: Confirmed modifications are necessary edits to maintain consistency with the AUIR. Staff changes approved by the CCPC [Items inadvertently overlooked by staff during document preparation]: Policy 5.1.C: Reference to HB 7207. Post workshop: The additional reference to HB 7207 is not necessary or desired, and is removed. The reference to Section 163.3220 in this Policy is affected by the adoption of HB 7207 however, and specific modifications are made accordingly. Another Policy refers to Section 163.3220 — Policy 5.2.0 — so this entry is also modified accordingly. 2. Transportation Element (TE) CCPC (& staff) changes to the TE as recommended at the October 14, 2011 workshop: • Policy 5.1: In addition to the proposed language to the policy, add the requirement for absorption schedules for all applications. Post workshop: Policy modified accordingly. • Policy 6.5: Modify the first sentence to add the word, "potential" before the word, "critical" and add the phrase, "in the vicinity of before "I- 75/Everglades Interchange ". Post workshop: Policy modified accordingly. • Policy 6.6: Clarify in the language as to whether the policy is applied to a project or a road. Post workshop: After carefully considering the CCPC's concerns related to the ambiguity of the term "temporary access facilities ", staff believes that this draft policy does not need to be in the GMP in order for the County to encourage temporary facilities to be available for use during an emergency. The one example of such a potential use is located at the I- 75/Everglades Boulevard overpass, at which a temporary construction access was approved for use in the Picayune Strand restoration project. That location could be of significant value during an emergency to provide both ingress 1 and egress to motor vehicles. Emergency use authorization (in this case to access the limited access interstate highway) to access a public roadway from a temporary location can be granted by the appropriate transportation agency having maintenance responsibility over the facility, e.g., FDOT or Collier County. The emergency use of any temporary access, e.g., a construction access, should only be done with caution and only when proper safety precautions are in place. Staff believes should be done on a case by case basis when such emergency use is requested, and that no GMP policy is needed. Based upon that assessment, staff has removed the proposed policy. • Policy 7.3: Clarify the term Zoning Ordinance, if it's not a specific document then needs clarification. Post workshop: Policy modified, Zoning Ordinance removed from Policy. • Policy 7.5: Remove the phrase, "continue to" in the first sentence of the paragraph. Post workshop: Policy modified accordingly. • Policy 9.3: Go back to the original wording if development of conditions which mandates interconnection is not developed by the time of Transmittal Public Hearing. Post workshop: The Deputy Administrator for Growth Management clarified that the conditions which mandates interconnection are already codified in the Land Development Code (LDC) in 4.04.02. The criterion is currently applicable to future development in mixed -use activity centers. Based upon this recognition, Transportation staff proposed modifications to Policy. 3. Public Facilities Element a. Sanitary Sewer Sub - Element (SS) CCPC (& staff) changes to the Sanitary Sewer Sub - Element as recommended at the October 14 2011 workshop: None Staff changes approved by the CCPC [Items inadvertently overlooked by staff during document preparation]: • Objective 1: Change CDES to what it needs to be: "Planning and Regulation — Land Development Services Department ". Post workshop: Objective modified accordingly. Policy 1.1 also modified accordingly. • Policy 1.5: First paragraph, last word should be removed "system" (it's shown twice). Post workshop: Policy modified accordingly. • Policy 4.6: Change policy to be consistent with changes in the Florida Statutes introducing alternative language to Xeriscaping with Florida Friendly practices and policies. Post workshop: Policy modified accordingly. b. Potable Water Sub - Element (PV) CCPC (& staff) changes to the Potable Water Sub - Element as recommended at the October-14., 2011 workshop: None Staff changes _oproved by the CCPC [Items inadvertently overlooked by staff during document preparation.]: • Policy 4.6: change policy to be consistent alternative language to Xeriscaping with workshop: Policy modified accordingly. 2 with changes in the Florida Statutes introducing Florida Friendly practices and policies. Post c. Drainage Sub - Element (D) CCPC (& staff) changes to the Drainage Sub - Element as recommended at the October 14, 2011 workshop: The CCPC did not recommend changes to this Sub - Element beyond those adopted with the EAR. EAC's recommended changes made at their December 7, 2011 Transmittal hearing not directly related with the adopted Evaluation and Appraisal Report: • Provide alternative direction in or after Polity 1.3 for identifying properties [such as Pepper Ranch and the Caracara property] where Conservation Collier or other comparable public entity could apply, or bank, wetland mitigation and panther habitat mitigation credits for County projects; this would be accomplished with revising 1.3 or with a new Polity stating, "Municipal entities may use Conservation Collier lands, such as but not limited to, Pepper Ranch, Caracara Prairie and other properties as acquired, for wetland and wildlife mitigation ". (1) • Provide direction in or after Policy 6.3 for reducing discharge rates to pre - development levels, as found in the Watershed Management Plan; as a return to compliance. A new Goal after Policy 6.3 may be needed to introduce a new subsequent Policy. (2) d. Solid Waste Sub- Element (SW) CCPC (& staff ) changes to the Solid Waste Sub - Element as recommended at the October 14, 2011 workshop: None Staff changes approved by the CCPC [Items inadvertently overlooked by staff during document preparation.]: • Policy 3.4: Change policy to be consistent with changes in the Florida Statutes introducing alternative language to Xeriscaping with Florida Friendly practices and policies. Post workshop: Policy modified accordingly. e. Natural Groundwater Aquifer Recharge Sub - Element ( NGWAR) CCPC (& staff) changes to the NGWAR Sub - Element as recommended at the October 14, 2011 workshop: • Policy 1.2: Retain Policy as written [This Policy describes an activity conducted Countywide. Additional language to emphasize a specific geographical area is unnecessary. The CCPC EAR recommendation to provide for this specificity is withdrawn, and this Policy would not change.] • Policy 3.3: Retain Policy as written [This Policy describes an activity conducted Countywide. Additional language to emphasize a specific geographical area is not necessary. The CCPC EAR recommendation to provide for this specificity is withdrawn, and this Policy would not change.] • Policy 3.5: Revise Policy as recommended without additional statement [This Policy describes an activity conducted Countywide. Additional language to emphasize a specific geographical n area is not necessary. The CCPC EAR recommendation to provide for this specificity is withdrawn.] 3 Staff changes approved by the CCPC [Items inadvertently overlooked by staff during document preparation.]: • Objective 4: Revise the phrase, "but are limited to" to read, "but are not limited to" EAC (& staff) changes to the NGWAR Sub - Element as recommended at the December 7 2011 transmittal hearing: None 4. Housing Element (IJE) CCPC changes to the Housing Element as recommended at the October 14 2011 workshop: • Objective 1: PENDING Housing Dept. staff/AHAC input • Policy 1.5 (renumbered): Revised to reflect statutory text • Objective 2: PENDING Housing Dept. staff/AHAC input • Policy 2.10: Delete the word, "operate" and insert the word, "administer" [The Housing Dept. "administers" rather than "operates" programs.] • Objective 8: PENDING Housing Dept. staff/AHAC input Staff changes approved by the CCPC at the October 14 2011 workshop: • Policy 8.4: Delete the phrase, "within the Immokalee Urban and Rural Lands Stewardship Areas will" and insert the word, "shall" [Provisions for awarding funds to rehabilitate residential units is intended to be competitive, not restricted to certain geographies within the County.] 5. Recreation & Open Space Element (ROSE) CCPC (& staff) changes to the ROSE as recommended at the October 14 2011 workshop: • Objective 2.1: Add the word, "Master" between the words, "Park" and "Plan" in the first sentence. Post Workshop: Objective modified accordingly. • Policy 2.1.8: Replace the word, "require" to, "promote" in the first sentence. Post Workshop: Policy modified accordingly. • Objective 1: Replace the words, "the most" with "an". Post workshop: Objective modified accordingly. • Policy 3.8: Add the phrase, "but not limited to" between the words, "build on" and "the traditional" in the first sentence. Post Workshop: Policy modified accordingly. • Objective 4: Add the term, "where appropriate" between the words, "County" and "will" in the first sentence. Post Workshop: Objective modified accordingly. • Policy 4.1: Add the term, "where appropriate" between the words, "support" and "the economic" in the first sentence. Post Workshop: Policy modified accordingly. 6. Conservation & Coastal Management Element (COME) CCPC changes to the CCME as recommended at the October 14 2011 Workshop: • Policy 2.1.6: Retain Policy [Premature to remove Policy prior to the adoption of the . Watershed Management Plans by the BCC] 4 • Policy 2.2.5: Insert the phrase, "if feasible" after the phrase, "stormwater management systems be inspected and," [Requirement for stormwater management system inspections by a licensed Florida professional engineer is problematic and costly for HOAs, etc.] • Policy 6.2.1: Delete the word, "project" and insert the phrase, "Environmental Resource Permitting" within the last sentence [Clarification by CCPC] Staff changes approved by the CCPC at the October 14 2011 Workshop [Staff items inadvertently overlooked during document preparation.]: • Objective 3.2: Delete the phrase, "Implement a" and insert the phrase, "Continue the" • Objective 9.4: Delete the phrase, "Continue to implement" and insert the phrase, "Maintain the County's" • Policy 10. 1.6 (renumbered): In the second sentence, insert the word, "marine" before the word, "wetlands" • Objective 10.5: Insert the phrase, "For undeveloped shorelines" at the beginning of the sentence EAC changes to the CCME as recommended at the December 7 2011 Transmittal hearing: • Objective 1.2: Insert the following text within the Objective, "collect the highest practical quality data with data quality indicators" [Staffs alternative recommendation is to insert the statutory text provision, which references "best available data. "] • Objective 2.1 c.: Revise FEMA Map references after acceptance [Map acceptance will likely occur during the adoption phase of the EAR -based amendments] • Policy 2.1.7: Delete the phrase, "rely upon" and replace with "include in their review" • Policy 3.1.4: Revise the word, "Aquifer" to read, "aquifers" (lowercase and plural) • Objective 4.1: Remover the qualifier, "more" from Objective text • Policy 10.1.2: Insert same Policy text within the FLUE to ensure consistency • Policy 10. 1.7 (renumbered): Retain the phrase, "public benefit" within the provision [Recommendation by staff to delete `public benefit" reference, as a fiscal analysis cannot be performed to demonstrate `public benefit. "] • Objective 10.5: Insert the term "wetland systems" after the word, "dunes" within the second sentence [Staff recommends not including this term, as this has the potential to create inconsistencies within Obj. 10.5 and related policies that address dunes and coastal barriers only; wetlands are addressed within other CCME provisions.] • Replace the terms, "water- shed" and "ground water" with, "watershed" and "groundwater" throughout the document. Staff's recommended changes to the CCME subsequent to the CCPC's October 14 2011 Workshop and the EAC's December 7, 2011 Transmittal hearing: • Policy 2.2.5: Revise Policy text to read, "The County, in coordination with the South Florida Water Management District and the Florida Department of Environmental Protection shall develop and implement a plan to encourage By Deeember- 31, 2009, and no less than every 4ffee years-, stormwater management systems shall be periodically inspected and, if feasible, seFti€ied by an lieense Fier -;a., appropriate professional engineer for compliance with their approved design, and any deficiencies shall be corrected." [Proposed revision is an alternative to the CCPC's recommended change, intended to provide greater flexibility for the application of this Policy.] 5 • Policies 6.1.2 and 6.2.5: Revise policies to reference /include preservation standards for the Lake Trafford/Camp Keais Strand — native vegetation retention of 60 percent (not to exceed 45 percent of the site). [Retention requirement originally proposed as a component of the Immokalee Area Master Plan amendments.] EAC's recommended changes made at their December 7 2011 Transmittal hearing not directly related with the adopted Evaluation and Appraisal Report: • Policy 4.1.3: Revise Policy to require the "determination" of actual, as opposed to permitted, agricultural pumpage; and, add the phrase "if and when available ". Policy to read as follows, "The County in coordination with the South Florida Water management District shall work with the agricultural community to devise a method for determining actual agricultural pumpage when and if available." (3) • Objective 7.1 and /or Policy 7.1.2: Consideration should be given to assuming more of the responsibilities for listing endangered and protected species, and issuing "take" permits, rather than deferring to the Florida Wildlife Service or Wildlife Conservation Corp; this would be accomplished with revising Objective 7.1. and /or Policy 7.1.2 to add #4 that may read, "Within a year the County shall reassess taking control of the process of take permits for listed species currently done by the Florida Wildlife Service and /or Wildlife Conservation Corp " (4) Add a new policy or revise an existing policy to address low impact development (LID) practices and policies; this would be accomplished with the following text, "Within two years from the adoption of this policy, the County shall publish a Low Impact Development (LID) Manual and enact LID land development code regulation to reduce stormwater runoff from all private and public developments and redevelopments." (5) 7. Intergovernmental Cooperation Element (ICE) CCPC (& staff) changes to the ICE as recommended at the October 14 2011 workshop: The CCPC did not recommend changes to this Element beyond those adopted with the EAR. 8. Future Land Use Element (FLUE) CCPC (& staff) changes to the FLUE as recommended at the October 14 2011 workshop: • Policy 7.3: Add reference to Transportation Element Policy 9.3. Staff believes it appropriate to reference, but not mirror, TE Policy 9.3 as the two are related but not identical in scope. Only local street interconnections are addressed in TE Policy 9.3 whereas FLUE Policy 7.3 also addresses interconnection points, e.g. parking lot connections. Further, the context of Policy 7.3 is different as its genesis is the Community Character Plan, as identified in Objective 7. [At the workshop, staff noted this policy needed revision to correlate with Transportation Element Policy 9.3; CCPC discussed TE Policy 9.3 at length.] • Density Rating System/Density Reduction/Coastal High Hazard Area: (1) Add clarification that the CHHA boundary is generally depicted on the Future Land Use Map and more precisely identified in the Future Land Use Map series. (2) Retain text as proposed to apply the density reduction factor to all lands subject to the density rating system, including those presently not subject to the traffic congestion area reduction. The affected area is approximately the west half of Section 1, Township 50 South, Range 26 east. In that area, many of the parcels are non- n residentially zoned (e.g. C -5 and I- Industrial); and, all residentially zoned parcels are within platted subdivisions where almost all lots are developed and most are zoned for >4 dwelling units per acre. Staff estimates <100 acres are zoned E- Estates, thus reasonably eligible for rezone to higher density; however, almost all of those E -zoned parcels are developed. Staff believes the likelihood of requested up- zoning for these parcels beyond the proposed allowable 3 dwelling units per acre to be minimal. [(1) At the workshop, staff noted this change was needed. (2) CCPC expressed concern about infringement upon property rights due to lessening the eligible density available via rezoning.] • Mixed Use Activity Center Subdistrict/Master Planned Activity Center provision: Retain text allowing usage of Master Planned Activity Center provision if 51% or more of a quadrant is under unified control (remove proposed text requiring an entire quadrant to be under unified control); proposed clean-up changes remain. [CCPC expressed concern about infringement upon property rights under the proposed "entire quadrant" change.] • Overlays and Special Features /Coastal High Hazard Area: Add clarification that the CHHA boundary is more precisely identified in the Future Land Use Map series. [At the workshop, staff may or may not have noted this change was needed, but it correlates to the CHHA Density Reduction change above.] • Future Land Use Map and Map Series/Map FLUE -14, one of the Properties Consistent by Policy (5.9, 5.10, 5.11, and 5.12) Maps, applicable to the Immokalee area: Retain the map. [As noted in the CCPC workshop FLUE document, deletion of this map was contingent upon adoption of changes to the Immokalee Area Master Plan (petition CP- 2008 -5) which included its own such map and corresponding policy; that petition was not adopted.] Staff changes approved by the CCPC [Items inadvertently overlooked by staff during document preparation]: None 9. Golden Gate Area Master Plan ( GGAMP) CCPC (& staff) changes to the GGAMP as recommended at the October 14, 2011 workshop: None Staff changes approved by the CCPC [Items inadvertently overlooked by staff during document preparation.]: • Policy 1.4.0.1: Adjust to delete "Land Development Code" cite and other specific cites, and replace with the less - specific phrase referencing "applicable codes and laws ". Revise regulatory references to minimum standards that do not "enhance" the quality of life. Post Workshop: Policy modified accordingly. Staff additionally introduced changes to preceding Objective 1.4 and following Policy 1.4.1, which contain similar unnecessary specificity. 10. Economic Element (EE) CCPC (& staff) changes to the EE as recommended at the October 14, 2011 workshop: • Objective 1: Replace the words, "the most" with "an ". Post Workshop: Objective modified accordingly. • Policy 3.8: Add the phrase, "but not limited" to between the words, "build on" and "the traditional" in the first sentence. Post Workshop: Policy modified accordingly. • Objective 4: Add the term, "where appropriate" between the words, "County" and "will" in the first sentence. Post Workshop: Objective modified accordingly. Policy 4.1: Add the term "where appropriate" between the words, "support" and "the economic" in the first sentence. Post Workshop: Policy modified accordingly. 11. Public Schools Facilities Element (PSFE) The CCPC did not recommend changes to this Element beyond those adopted with the EAR. WCDES Planning ServiceslComprehensivemi 11 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendmentslCCPC Transmittal - Summary of Changes - FINAL.docx �� EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18-11 Goal, Objectives and Policies �-. Capital Improvement Element (CIE) II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] GOAL: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1 (PUBLIC FACILITYLEVEL OF SERVICE STANDARDS): Identify and define types of public facilities, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities is needed in order to achieve and maintain the standards. Policy 1.1: [Revised text, page 2] The County shall establish standards for levels of service for public facilities, as follows: Public facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, suffaee water— stormwater management systems, potable water systems, wastewater treatment systems, solid waste disposal facilities, ^ parks and recreation facilities, and public school facilities. The standards for levels of service of County provided public facilities shall apply to development orders issued by the County, to the County's annual budget, and to the appropriate individual element of this comprehensive plan. The standards for levels of service of public facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this comprehensive plan, but shall not apply to the County's annual budget. Public facilities shall include land, structures, the initial furnishings and equipment, design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. Policy 1.2: [Revised text, page 2] The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q= (SxD) -I. Where: "Q" is the quantity of public facility needed, "S" is the standard for level of service, "D" is the demand, such as the population, and "I" is the inventory of existing facilities. DRAFT Words underlined are added; words stFuGk thFougb are deleted. EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18 -11 A. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. B. The Board of County Commissioners shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE), Golden Gate Area Master Plan (GGAMP) or Immokalee Area Master Plan (IAMP) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall County transportation system. The Board shall not approve any such petition or application which would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts either: (1) a deficient roadway segment or adjacent roadway segment; or (2) the seasonal population based upon the Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections, for all public facilities, for the variable "D ", unless one of the three items listed below simultaneously occurs: (-a)l. Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; (b)2. The adopted population standard used for calculation of "Q" in the formula Q = (S x D) — I is amended based on appropriate data and analysis; or, (�}3. The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element. C. Significant impact is hereby defined for Section B of this Policy as, an impact generating potential for increased countywide population greater than 2% of the population projections for parks, solid waste disposal, potable water, wastewater treatment, and damage— stormwater management facilities, or as generating a volume of traffic equal to or greater than 2% of the adopted LOS standard service volume of an impacted roadway. D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to all limitations and conditions in the Conservation and Coastal Management Element and Future Land Use Elements of this Growth Management Plan. DRAFT Words underlined are added; words str�te# are deleted. 2 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18 -11 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B or Section D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this Policy. Population definitions as used in this Capital Improvement Element and other elements are provided below. Permanent Population is the population projection figure based on Bureau of Economic and ^ Business Research at the University of Florida (BEBR) medium range growth rate population projections. The population projection figure is then converted from April 1 to October 1, which is the beginning of the fiscal year for Collier County. Seasonal Population is the BEBR population figure (described above) converted to its October 1 figure, increased by 20% for all areas of the County to reflect the increase of seasonal part-time residents and visitors. Unincorporated Area Seasonal Population is the seasonal population figure (described above) for unincorporated Collier County only, adjusted to represent how seasonal residents utilize certain park facilities differently. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.4: [Revised text, pages 4, 5] Public facility improvements are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. DRAFT Words underlined are added; words strdsk-thFaug# are deleted. 3 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18 -11 C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of this Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: 1. previously approved development orders permitting redevelopment, 2. previously approved development orders permitting new development, 3. new development orders permitting redevelopment, and 4. new development orders permitting new developments. D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. When further considering projects prioritized by this order, the hi er priority shall be assigned to improvements designed to reduce or not increase greenhouse gas emissions through shortened vehicular trip lengths trips taken by another mode of transportation or by substantive means. The County may, in certain instances when a public facility improvement is of lower order or priority and not needed to achieve or maintain adopted levels of service consider the option of not constructing such improvement at all Policy 1.5: [Revised text, pages 5, 6, 7] The standards for levels of service of public facilities shall be as follows: A. Roadways: 1. Arterials and collector roads: Level of Service indicated below on the basis of peak hour, traffic volume: Level of Service "E" on all six -lane roads: 2. Level of Service "D" peak hour on all other County and State arterial and collector roads not on the Florida Intrastate Highway System (FIRS). DRAFT Words underlined are added; words strask trough are deleted. 4 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18 -11 B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads vv tom the e)ieeptiea of the on the Fier-id ate -1 lighway - System -- (FI14Qiinv). In Gellier- FDQT- sets and maintains the LOS and for I -75. The standards for I -75 are as follows: EXISTING EXISTING TRANSITIONING RURAL AREA URBANIZED AREA URBANIZED AREA I -75 BD G G C. County Suff °° 4 t°,. Stormwater Management Systems: [Revised text, page 5] 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74 -50 and 90 -10. 2. Existing "private" developments and existing or future public damage— stormwater management facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Dr-ai age/ Stormwater Management Sub - Element of the Public Facilities Element. D. County Potable Water Systems: [Revised text, page 6] 1. County systems: County Water District = 170 gallons per capita per day 2. Municipal systems: City of Naples = 185 gallons per capita per day in the unincorporated service area Everglades City = 185 gallons per capita per day in the unincorporated service area 3. Private potable water systems / Independent district systems: Orangetree Utilities = 100 gallons per capita per day Immokalee Water and Sewer District = 105 gallons per capita per day Florida Governmental Utility Authority = 109 gallons per capita per day Ave Maria = 110 gallons per capita per day within service area E. County Wastewater Treatment Systems 1. County systems: North Sewer Service Area = 120 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day Southeast Sewer Service Area = 120 gallons per capita per day [Revised text, page 6] DRAFT Words underlined are added; words stFurak thFedgft are deleted. 5 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18-11 Northeast Sewer Service Area = 120 gallons per capita per day 2. Municipal systems: City of Naples = 145 gallons per capita per day in the unincorporated service area Everglades City = 100 gallons per capita per day 3. Private wastewater treatment systems: Orangetree Utilities = 100 gallons per capita per day Immokalee Water and Sewer District = 100 gallons per capita per day Florida Governmental Utility Authority = 100 gallons per capita per day Ave Maria = 110 gallons per capita per day within service area F. County Solid Waste Disposal Facilities: [Revised text, page 7] 1. Two (2) years of constructed lined cell capacity at the average disposal rate for the previous three (3) years. 2. Ten (10) years of permittable capacity at the average disposal rate for the previous three (3) years. G County Parks and Recreation Facilities: [Revised text, page 7] 1. Regional Park land = 2-.3 2_7 acres per 1,000 /pop. 2. Community Park land = 1.2 acres per 1,000 /pop. (unincorporated) H. Public School Facilities: 1. Elementary schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity 2. Middle schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity 3. High schools = 100 percent (1.00) of CSA Enrollment / FISH Capacity * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2 (FINANC)AL FEASIBILITY): Provide public facilities, as described in Policy 1.1 above, in order to maintain adopted level of service standards that are within the ability of the County to fund, within the County's authority to require others to provide, or as provided by the School District within their financially feasible Five -Year Capital Improvement Plan, formally adopted by the School Board between July 1 and DRAFT Words underlined are added; words stfuGk thmuggh are deleted. 6 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18 -11 October 1 each year. With the exception of public school facilities, existing public facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. [Objective is provided for contextual purposes only; no change proposed.] Policy 2.4: [Revised text, page 8] Public facilities financed by County enterprise funds (i.e., potable water, sanitafy sewer- wastewater treatment, and solid waste disposal ) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). Policy 2.5: [Revised text, page 8] Public facilities financed by non - enterprise funds (i.e., arterial and collector roads, surf ee water – stormwater management, and parks and recreation) shall be financed from current revenues and, assets and Revenue Bonds approved by the Board of County Commissioners. Debt financing shall not be used to provide excess capacity in non - enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital Improvements or for excess capacity. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3 (PUBLIC EXPENDITURES. COASTAL HIGH HAZARD AREA): [Rephrased to improve format as an "objective ", revised text, page 9] Ef etive with plan ;.,....io.,..efAafiei , i Limit public expenditures in the coastal high hazard area to those facilities, as described in Policy 1.1 above, needed to support new development to the extent permitted in the Future Land Use Element. Policy 3.1: [Revised text, page 9] The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element including, but not limited to arterial and collector roads, sanitary sewer seise— wastewater treatment systems, potable water supply systems, suffaee -water- stormwater management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas, and park and recreation facilities. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words trough are deleted. 7 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18 -11 OBJECTIVE 4 (PROVIDE NEEDED IMPROVEMENTS): Coordinate County land use planning and decisions with its plans for public facility capital improvements, as described in Policy 1.1 above, by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. [Objective is provided for contextual purposes only; no change proposed.] Policy 4.1: [Revised text, pages 10, 11 ] The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements shall be updated annually and may also be modified as follows: A. Pursuant to Florida Statutes, 163.3187, (as affected by adoption of HB 7207), the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. B. Pursuant to Florida Statutes, 163.3177, (as affected by adoption of HB 7207), the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.3: [Revised text, page 11 ] All public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual eElement of this Growth Management Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.6: [Revised text, page 11 ] Public facilities and services provided by Collier County with public funds in accordance with the Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundaries designated on Figure PW -1 and Figtif° PW , , "Collier County Water District Boundaries ", and Figure PW -2 and Fi Y,,..° PAI 2.1 "Existing and Future Potable Water Service Areas", in the Potable Water Sub - Element of the Public Facilities Element, and on Figure 9&4 WT-1 and Figure SS 1.1, "Collier County Sewer District Boundaries ", and Figure 98-2 WT-2 and Figure SS 2.1, "Existing and Future Sewer Wastewater Treatment Service Areas ", in the SanitaFy —Sewer Wastewater Treatment Sub - Element of the Public Facilities Element. Road and Public School improvements will be provided as designated in their respective Schedule of Capital Improvements appearing in this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis. DRAFT Words underlined are added; words stn3k through are deleted. 8 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10 -18 -11 Policy 4.7: [Revised text, page 11 ] .-� The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not be limited to: a. Construction above the flood plain; b. Maintaining a protective zone for wildfire mitigation; c. Installation of on -site permanent generators or temporary generator emergency connection points; d. Beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; e. Emergency road repairs; and-, f. Repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls-:Land g. All governing construction codes. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 5 (CONCURRENCYMANAGEMENT): Ensure that public facilities, as described in Policy 1.1 above, and services needed to support development are available concurrent with the impacts of such development. [Objective is provided for contextual purposes only; no change proposed.] Policy 5.1: [Revised text, pages 11, 12] The concurrency requirement for the Potable Water, Sanitafy Sewerr -- Wastewater Treatment, Dr-ainage Stormwater Management and Solid Waste Disposal Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development_plan, final plat or building permit is issued; or B. The necessary facilities and services are under construction at the time a final site development plan, final plat or building permit is issued; or C. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Sections 163.3220 — 163.3243, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur, pursuant to Section 163.3180, Florida Statutes. DRAFT Words underlined are added; words struGk theugh are deleted. 9 EAR -based GMP Amendments Capital Improvement Element — CCPC Transmittal Draft 10-18-11 n Policy 5.2: [Revised text, page 12] The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. Compliance with any one of the standards set forth in Policy 5.1 A, B and C is met; or B. At the time the final site development plan, final plat or building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, final plat or building permit; or C. The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or building permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Sections 163.3220 — 163.3243, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. EAR -CIE — CCPC Transmittal DRAFT 10 -18 -11 G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendments\Elements\CIE - CSIEAR -based Amendments—CCPC Transmittal_CIE_1.doac CS �1 DRAFT Words underlined are added; words stfwk thFeag# are deleted. 10 Assessment of the Successes & Shortcomings and Recommendations for the Capital Improvement Element A. Introduction & Background: The purpose of the Capital Improvement Element is defined within its single Goal, which reads as follows: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. The intent of the Capital Improvement Element is to identify public facilities that will be required during the next five years, including the cost of such facilities, and the sources of revenue that will be used to fund construction or development of the facilities. As such, the Capital Improvement Element is updated annually, including revision of the 5 -Year Schedule of Capital Improvements. The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of certain Sub - Elements including: from the "Sanitary Sewer" Sub - Element to the "Wastewater Treatment" Sub - Element; from the "Drainage" Sub - Element to the "Stormwater Management" Sub - Element, and; from the "Solid Waste" Sub - Element to the "Solid Waste Disposal" Sub - Element. The new names initially appeared in the Capital Improvement Element as combinations of old and new names as a transition preceding these EAR -based amendments. The new names — no longer in their transitional forms — should be used in all titles, headings and text within this Element, and in all references to these Sub - Elements found throughout the Growth Management Plan. As currently formatted, the Capital Improvement Element consists entirely of a single Goal, and its supporting Objectives and Policies. This Goal should be retained as written. B. Objectives Analysis: OBJECTIVE 1 (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): Identify and define types of public facilities, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities is needed in order to achieve and maintain the standards. Policy Relevance: There are five (5) policies within this Objective. Policy 1.4: Public facility improvements are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. CAPITAL IMPROVEMENT ELEMENT (CIE) B. New facilities that reduce or eliminate existing deficiencies in levels of service. C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of this Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: 1. previously approved development orders permitting redevelopment, 2. previously approved development orders permitting new development, 3. new development orders permitting redevelopment, and 4. new development orders permitting new developments. D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. This Policy explains the method for prioritizing public facilities' improvements. This Policy remains relevant and should be retained and revised to add a closing statement associated with the Major Issue of reducing greenhouse gas emissions, such as, When further considering projects prioritized by this order, the higher priority shall be assigned to improvements designed to reduce, or not increase, greenhouse gas emissions through shortened vehicular trip lengths, trips taken by another mode of transportation, or by other substantive means. [Public Comment from February 23 2010 EAR Public Meeting — Suggesting the planning period should be extended beyond ten years.] [Planning Commission (CCPQ Comment from August 27 2010 EAR Workshop — Suggesting that additional language maybe needed to more clearly provide for the option of not constructing certain improvements at all.] Policy 1.5: The standards for levels of service of public facilities shall be as follows: A. Roadways: 1. Arterials and collector roads: Level of Service indicated below on the basis of peak hour, traffic volume: Level of Service "E" on all six -lane roads 2. Level of Service "D" peak hour on all other County and State arterial and collector roads not on the Florida Intrastate Highway System (FIHS). � 2 CAPITAL IMPROVEMENT ELEMENT (CIE) B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Highway System (FIHS). In Collier County, FDOT sets and maintains the LOS for 1 -75. The standards for 1 -75 are as follows: EXISTING EXISTING RURAL AREA URBANIZED AREA 1 -75 B C C. County Surface Water Stormwater Management Systems: TRANSITIONING URBANIZED AREA C 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74 -50 and 90 -10. 2. Existing "private" developments and existing or future public drainage - stormwater management facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage Stormwater Management Sub - Element of the Public Facilities Element. D. County Potable Water Systems: 1. County systems: County Water District = 170 gallons per capita per day 2. Municipal systems: City of Naples = 185 gallons per capita per day in the unincorporated service area Everglades City = 185 gallons per capita per day in the unincorporated service area 3. Private potable water systems / Independent district systems: Water flow design standards as identified in Policy 3.1 of the Potable Water Sub - Element of this Growth Management Plan. Orangetree Utilities =100 gallons per capita per day Immokalee Water and Sewer District = 105 gallons per capita per day Florida Governmental Utility Authority = 109 gallons per capita per day Ave Maria = 110 gallons per capita per day within service area E. County Sanitary Sewer - Wastewater Treatment Systems: 1. County systems: North Sewer Service Area =120 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day Southeast Sewer Service Area =120 gallons per capita per day Northeast Sewer Service Area = 120 gallons per capita per day 2. Municipal systems: City of Naples = 145 gallons per capita per day in the unincorporated service area Everglades City = 100 gallons per capita per day 3. Private sanitary sewer - wastewater treatment systems: Sewage flow design standards as identified in Policy 2.1 of the Sanitary Sewer - �-. Wastewater Treatment Sub - Element of this Growth Management Plan. 3 CAPITAL IMPROVEMENT ELEMENT (CIE) Orangetree Utilities =100 gallons per capita per day Immokalee Water and Sewer District = 100 gallons per capita per day Florida Governmental Utility Authority =100 gallons per capita per day Ave Maria = 110 gallons per capita per day within service area F. County Solid Waste Disposal Facilities: 1. Two years of constructed lined cell capacity at the average disposal rate for the previous three (3) years. 2. Ten years of permittable capacity at the average disposal rate for the previous three (3) years. G. County Parks and Recreation Facilities: 1. Regional Park land = 2.9 acres per 1,000 1pop. 2. Community Park land = 1.2 acres per 1,000 1pop. (unincorporated) H. Public School Facilities: 1. Elementary schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity 2. Middle schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity 3. High schools = 100 percent (1.00) of CSA Enrollment / FISH Capacity This Policy establishes standards for levels of service for each such public facility. This Policy remains essentially relevant and should be retained except for changes discussed below, and those associated with the renaming of certain public facilities and their attendant Sub - Elements. The LOSS for County arterial and collector roads appearing in Policy 1.5, subsection "A" above is one of two locations within this GMP where these standards are shown. The other location is Policy 1.3 in the Transportation Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are somewhat dissimilar. These differences should be reconciled and a single location selected for these LOSS to appear. The CIE should be considered for this location, with Transportation Policy 1.3 revised to direct the reader to the CIE. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Element entries could elaborate on the figures. The LOSS for State and Federal roads appearing in Policy 1.5, subsection `B" above is one of two locations within this GMP where these standards are shown. The other location is Policy 1.4 in the Transportation Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are somewhat dissimilar. These differences should be reconciled and a single location selected for these LOSS to appear. The CIE should be considered for this location, with Transportation Policy 1.4 revised to direct the reader to the CIE. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Element entries could elaborate on the figures. The LOSS for stormwater management systems appearing in Policy 1. 5, subsection "C" above is one of two locations within this GMP where these standards are shown. The other location is Policy 2.1 in the Stormwater Management Sub - Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. The CIE should be considered for this location, 4 CAPITAL IMPROVEMENT ELEMENT (CIE) with Stormwater Management Policy 2.1 revised to direct the reader to the CIE. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. The LOSS for potable water systems appearing in Policy 1.5, subsection "D" above is one of two locations within this GMP where these standards are shown. The other location is Policy 3.1 in the Potable Water Sub - Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. The CIE should be considered for this location, with Potable Water Policy 3.1 revised to direct the reader to the CIE. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. The LOSS for wastewater treatment systems appearing in Policy 1.5, subsection "E" above is one of two locations within this GMP where these standards are shown. The other location is Policy 2.1 in the Wastewater Treatment Sub - Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. The CIE should be considered for this location, with Wastewater Treatment Policy 2.1 revised to direct the reader to the CIE. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. The LOSS for solid waste disposal facilities appearing in Policy 1.5, subsection "F" above is one of two locations within this GMP where these standards are shown. The other location is Policy 2.5 in the Solid Waste Sub - Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. The CIE should be considered for this location, with Solid Waste Sub - Element Policy 2.5 revised to direct the reader to the CIE. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. The LOSS for parks and recreation facilities appearing in Policy 1.5, subsection "G" above is one of two locations within this GMP where these standards are shown. The other location is Policy 1.1 in the Recreation and Open Space Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. The CIE should be considered for this location, with Recreation and Open Space Element Policy 1.1 revised to direct the reader to the CIE. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Element entries could elaborate on the figures. Additionally, the LOSS for Regional Parks will be revised to the BCC directed 2.7 acres per 1,000 /population. [Public Comments from February 23, 2010 EAR Public Meeting — Suggesting that special rural standards should be developed for land lying east of CR 951, including development standards, roads, dark skies, etc. Another, suggesting the County has failed to limit growth based on available resources.] [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting minimum Levels of Service Standards should be established for multi -model (and inter - model) needs (inc. public transit, park -n- ride facilities, carpooling, self - propelled modes, and pathways); another, suggesting that the County 5 CAPITAL IMPROVEMENT ELEMENT (CIE) adopt special rural road section standards, including non -urban standards for right -of -way cross - sections, lighting, landscaping and water.] [Planning Commission (CCPC) Comment from August 27 2010 EAR Workshop — Supporting staff suggestion to locate Level of Service Standards in the CIE, with the individual facilities' Elements or Sub - Elements being revised to direct readers to the CIE for this information.] [Planning Commission (CCPC) Comment from December 7 2010 EAR Adoption Hearing — Recognizing FDOT comments to the DCA and the revisions involved.] OBJECTIVE 2 (FINANCIAL FEASIBILIM: Provide public facilities, as described in Policy 1.1 above, in order to maintain adopted level of service standards that are within the ability of the County to fund, within the County's authority to require others to provide, or as provided by the School District within their financially feasible Five -Year Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 each year. With the exception of public school facilities, existing public facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Obiective Achievement Analysis: The purpose of this Objective and its policies is to establish how providing public facilities in accordance with Objective 1 above must be accomplished in a financially feasible manner. This Objective is being achieved and should be retained as written. Policy Relevance: There are ten (10) policies within this Objective. Policy 2.10: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13 %. Whereas Florida Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self- imposed level of constraint. Current bondable revenues are ad valorem taxes and State- shared revenues, specifically gas taxes and the half -cent sales tax. The Enterprise Funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt policy. This Policy identifies current bondable revenues and limits the ratio of total debt service to bondable revenues. This limitation may have lost relevance given the economic climate and government's ability to react to market changes in a timely manner. The policy has been in the GMP since its original adoption and based upon the direction given below the policy will not be modified. 6 CAPITAL IMPROVEMENT ELEMENT (CIE) [Planning Commission (CCPQ Comment om August 27, 2010 EAR Workshop — Suggesting this Policy remains relevant and the County should not consider adjusting its debt service ratio.] OBJECTIVE 3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA): Effective with plan implementation, limit public expenditures in the coastal high hazard area to those facilities, as described in Policy 1.1 above, needed to support new development to the extent permitted in the Future Land Use Element. Objective Achievement Analysis: Like all other types of capital improvements, projects located in the Coastal High hazard Area are included in the County's Annual Five -Year Schedule of Capital Improvements, and thus the County's Annual Budget for each fiscal year. The above Objective contains an outdated timeframe reference, but the wording is otherwise acceptable. This Objective should be reworded to remove the timeframe reference and simply refer to the 5 -Year Schedule of Capital Improvements. Policy Relevance: There are three (3) policies within this Objective. Policy 3.1: The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element including, but not limited to arterial and collector roads, sanitary sewer service - wastewater treatment systems, potable water supply systems, surface water — stormwater management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas, and park and recreation facilities. This Policy establishes the County's ability to replace and maintain public facilities in the coastal high hazard area in accordance with the Conservation and Coastal Management Element. This Policy remains relevant and should be retained except for changes associated with the renaming of certain public facilities. OBJECTIVE 4 (PROVIDE NEEDED IMPROVEMENTS): Coordinate County land use planning and decisions with its plans for public facility capital improvements, as described in Policy 1.1 above, by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy Relevance: There are seven (7) policies within this Objective. Policy 4.1: The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements shall be updated annually and may also be modified as follows: CAPITAL IMPROVEMENT ELEMENT (CIE) A. Pursuant to Florida Statutes, 163.3187, the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. B. Pursuant to Florida Statutes, 163.3177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. This Policy provides for modifications to the Schedule of Capital Improvements of the Capital Improvement Element. This Element is affected by changes to Chapter 163, Florida Statute, which were adopted into law in 2007, as follows: 163.3177(3)(b)l: Requires an annual update to the Five -Year Schedule of Capital Improvements to be submitted by December 1, 2008 and yearly thereafter. If this date is missed, no comprehensive plan amendments are allowed until the update is adopted. Ch. 2007 -204, LOF. This Policy remains otherwise relevant and should be retained as revised in accordance with the above Statutory change. Policy 4.6: Public facilities and services provided by Collier County with public funds in accordance with the Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundaries designated on Figure PWA and Figure PW -1.1 "Collier County Water District Boundaries ", and Figure PW -2 and Figure PW -2.1 "Existing and Future Potable Water Service Areas ", in the Potable Water Sub - Element of the Public Facilities Element, and on Figure SS -1 and Figure SS -1.1, "Collier County Sewer District Boundaries ", and Figure SS -2 and Figure SS -2.1, "Existing and Future Sewer Service Areas ", in the Sanitary Sewer Wastewater Treatment Sub - Element of the Public Facilities Element. Road and Public School improvements will be provided as designated in their respective Schedule of Capital Improvements appearing in this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis. This Policy limits the provision of public facilities to within specific service areas identified in other Elements or Sub - Elements of the GMP or in accordance with the Schedule of Capital Improvements in this Element. This Policy remains relevant and should be retained except for changes associated with the renaming of certain public facilities and their attendant Sub- Elements.as written. Policy 4.7: The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not be limited to: a. Construction above the flood plain; b. Maintaining a protective zone for wildfire mitigation; c. Installation of on -site permanent generators or temporary generator emergency connection points; 8 CAPITAL IMPROVEMENT ELEMENT (CIE) d. Beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; e. Emergency road repairs; and, f. Repair and /or replacement of publicly owned docking facilities, parking areas, and sea walls. This Policy requires the County to adhere to best practices in providing public facilities. This Policy remains relevant and should be retained as written. [Planninz Commission (CCPQ Comment from Au , st 27, 2010 EAR Workshop — Suggesting that an additional best practice entry should be included in the listing, such as "All governing construction codes ".J OBJECTIVE 5 (CONCURRENCYMANAGEMEN7): Ensure that public facilities, as described in Policy 1.1 above, and services needed to support development are available concurrent with the impacts of such development. Policy Relevance: There are six (6) policies within this Objective. Policy 5.1: The concurrency requirement for the Potable Water, Sanitary Sewer - Wastewater Treatment, Drainage Stormwater Management and Solid Waste Disposal Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or B. The necessary facilities and services are under construction at the time a final site development plan, final plat or building permit is issued; or C. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur, pursuant to Section 163.3180, Florida Statutes. This Policy provides criteria for establishing concurrency specific to potable water, wastewater treatment, stormwater management and solid waste disposal facilities and services. This Element may be affected by changes to Chapter 163, Florida Statute, which were adopted into law in 2005, as follows: 9 CAPITAL IMPROVEMENT ELEMENT (CIE) 163.3177(3)(a)5: Required the comprehensive plan to include a 5 -year schedule of capital improvements. Outside funding (i.e., from a developer, or other government or funding pursuant to referendum) of these capital improvements must be guaranteed in the form of n a development agreement or interlocal agreement. This Policy remains relevant and should be retained except for changes associated with the renaming of certain public facilities and their attendant Sub - Elements. Explicitly specifying an " interlocal agreement" as the other source of outside funding for capital improvements may or may not require revision of this Element to be in compliance with the above Statutory change. [Public Comment from March 15, 2010 EAR Public Meeting — Suggested that pathways' be added to requirements for concurrency.] &MES Planning Services\ComprehensiveQ011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendmentslElementsUE - CSICCPC Transmittal - CIE Assessment and Recommendations (30 Dec 10).doc x 10 CAPITAL IMPROVEMENT ELEMENT (CIE) EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 Goals, Objectives and Policies Transportation Element GOAL: [No change to text, page 13] TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE MOTORIZED AND NON - MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. OBJECTIVE 1: [No change to text, page 13] The County will maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the Annual Update and Inventory Report (AUIR) or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. * ** * ** * ** * ** * ** textbreak * ** * ** * ** * ** * ** Policy 1.3: [Text revision page 13] County after-ial and ealleeter- roads as well as State highways net en the StFategie �edal System (��`j- shall be- zmaintained at Le el efSeryiee "D" or- beaer- as- fiffthen The Geunty will alse -adept OT's LOS on r-eadway- segments - where the Geuffty has efAer-ed inte a T-R4P (a national 4anspef:t&Aiea r-esear-eh group) agreement 99r.- n TR 9. Level of Seryie "E" er better shall be maintained en all six lane read ay s.. The standards for levels of service (LOS) of County arterial and collector roads ap ep ar in Policy 1.5; subsection "A" in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by development. The Collier County Transportation Division shall determine the traffic volumes that correspond to the different LOS thresholds on county roads. The Transportation Division shall install, as funds permit, permanent traffic count stations to better identify traffic characteristics of county roads. Based on the traffic count data the Transportation Division shall develop a financially feasible Roads component for the Capital Improvement Program of the CIE. Policy 1.4: [Text revision page 13 &14] Draft Words underlined are added; words stfusk through are deleted EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 The standards for levels of service (LOS) of state and federal roads in the CoLmt 4ppear in Policy 1.5; subsection `B" in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. OBJECTIVE 2: [No change to text, page 14] The County shall maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3: [No change to text, page 14] The County shall provide for the protection and acquisition of existing and future rights - of -way based upon improvement projects identified within the Five Year Work Program and/or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long - Range Transportation Plan. * ** * ** * ** * ** * ** textbreak * ** * ** * ** * ** * ** Policy 3.4: [Text revision, page 14] Collier County shall aequi :L—purchase rights -of -way for transportation improvements in fee simple, unless otherwise determined appropriate by the Board of County Commissioners based upen a rnaemm a +' the + s ti A a .. + + r uYvi ..0 Policy 3.5: [Text revision, page 15] A. Within .,.._ ,'___ of the .,ff...,...,, ,.....t., of this m�zaQnwft , zThe County prep is implementing the steps in developing a Thoroughfare Corridor Protection Plan (TCPP) ordinance and land development regulations that: 1. identify, in detail, corridors necessary to develop the County roadway network shown on the County's Long Range Transportation Plan; and 2. adopt Corridor Preservation Maps, Corridor Preservation Tables, Critical Intersection Maps and Critical Intersection Tables; and 3. limit the uses of land within the required corridor, appropriately plan for the location of land uses, and direct incompatible land uses away from environmentally sensitive resources; and 4. provide for an annual update of all necessary maps and tables; and 5. provide for an approval process by the Board of County Commissioners for new or expanded corridors and intersections; and Draft Words underlined are added; words stFUGk thfeugh are deleted 2 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 6. provide a process for advanced reservation, donation, dedication or any other ^ means of conveyance by an affected property owner to the County for land included within protected areas. B. For the purposes of this Policy, protected thoroughfares shall include: 1. the required corridors on either side of the center line of an existing or planned roadway; or 2. required corridors for roadway or alternative transportation networks for which no centerline has been established; or 3. corridors for future roadways or alternative transportation networks which have been identified through corridor studies; or 4. protected areas at critical intersections including but not limited to proposed grade separated intersections. All of the above must be consistent with the currently adopted Long Range Transportation Plan and Chapter 336.02, Florida Statutes. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 4: [No change to text, page 15] The County shall provide for the safe and convenient movement of pedestrians and non - motorized vehicles through the implementation of the Collier County Comprehensive Pathways Plan. Policy 4.1: [Text revision, page 15] The County shall incorporate the Collier County Comprehensive Pathways Plan into this Transportation Element by reference and shall should periodically update the Pathways Plan as needed. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.5: [Text revision, page 15] The County shall, to the b_ __-_. - _K4en: possible, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathways Work Program. Policy 4.6: [Text revision, page 15] The County shall work to reduce Vehicle Miles Traveled and Greenhouse Gas Emission bY Rroviding for the safe movement of non - motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate bike lanes, sidewalks and pathways, as deemed appropriate, in new construction and reconstruction of roadways. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 5: [No change to text, page 15] Draft Words underlined are added; words strusgb are deleted 3 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 The County shall coordinate the Transportation System development process with the Future Land Use Map. Policy 5.1: [Text revision, page 15 & 16] The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIP or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. T-r-a€fie analyses to dete whether- n �� 4 _petition or application has significant p�sjee� impacts shall use the following to if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a Mitigation Plan prepared by the ap lip cant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all deficient roadways The plan shall include an absorption scheduled consistent with the traffic impact statement that identifies those measures that serve to either restrain the timing of development of the project in light of the deficient conditions, and/or provides incentives that expedite the improvements needed to return the roadway(s) to an acceptable level of service * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.3: [Policy deleted, page 16] Cede. Policy 5.4: [Text revisions, page 16] Pursuant to Rule °T ,,,, 5(v)(a)g., Fierid AdministFative Gea ' the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, Draft Words underlined are added; words s#uGWhf 0 are deleted 4 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby �-. designated. Development located within the South U.S. 41 TCEA (MapTR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5_6 below, and in consideration of the followine: A. Any proposed development within the concurrency exception area that would reduce the LOS on Strategic Intermodal System (SIS) roadways within the County by 5% or more of the capacity at the adopted LOS standard shall meet the transportation concurrency requirements specified in Capital Improvement Element, Policy 5.3. B. Any proposed development within the concurrency exception area that would reduce the LOS on SIS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.6 are exempt from the transportation requirements of Capital Improvement Element, Policy 5.3. Policy 5.5: [Text revision, page 17 & 18] Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification f—to the Transportation Planning Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. C) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would be expected to reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would be expected to reduce auto trips generated by the development and increase transit ridership. Draft Words underlined are added; words stfusk thr$ugh are deleted 5 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would be expected to reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall ebtai rop vided certification fiem the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (shall be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report Developments not required to submit an annual monitoring report shall, for three years following completion of the development provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Draft Words underlined are added; words stFUslEthrOUgh are deleted 6 0-% Seetien 2.0 6.00 ef the Collier- Ceunty Land Development Cede, Or-dinanee Ne.- ., 4 1, as amended Nlafeh 28, 200 _ e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report Developments not required to submit an annual monitoring report shall, for three years following completion of the development provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Draft Words underlined are added; words stFUslEthrOUgh are deleted 6 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 Policy 5.6: [Text revisions, page 18 & 19] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: A. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the I -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR -5). B. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR -6). In order to be exempt from link- specific concurrence, developments within the TCMA must provide certification to the Transportation Planning Department that at least two Transportation Demand Management (TDM) strategies as provided for in the LDC will be utilized. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.8: [Text revisions, page 18] Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA as determined in the most current Annual Update and Inventory Report (AUIR), by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.7 of this Element, a proportionate share congestion mitigation payment shall be required as follows: a. Congestion mitigation payments shall be calculated using the formula established in Rule 9J- 2.045(2)(h), Florida Administrative Code. The facility cost for a constrained roadway link shall be established using a typical lane mile cost, as determined by the Collier County Transportation Administrator, of adding lanes to a similar area/facility type as the constrained facility. b. Congestion mitigation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass Draft Words underlined are added; words strask through are deleted 7 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 transit or other non - automotive transportation alternatives, which adds trip capacity within the impact fee district or adjoining impact fee district. c. Congestion mitigation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and shall not influence the concurrency determination process. d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCMA are maintained. OBJECTIVE 6: [No text change, page 19] The county shall coordinate the transportation element with the plans and programs of the state, region, and other local jurisdictions. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 6.3: [Text revisions, page 19] The TFmspeFtafien ElemeatCounty shall be eensistent i its W oordinate with u waaa as applicable local jurisdiction with regards to operations maintenance and capital expenditures on the Coun '� p ty_arteriaUcollector system within the City of Naples, Everglades City and the City of Marco Island. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 6.5: [Text revisions, page 19] The Collier County MPO's adopted Long Range Plan has identified a need—n Par-kw a number of critical need intersections, including I- 75/Everglades Interchange US- 41 /SR -CR951 grade separated ovemass• and Randall/Immokalee grade separated overpass. The County shall pursue such projects in a manner consistent with the findings of the AUIR and the through the development of the FDOT 5 -year Work Program as appro rp iate.insuFo that the thfee pr-ejeets mentioned abeve -will will fully a t a timing and design. 17.9 frssr. �, • Staff Note: After carefully considering the CCPC's concerns related to the ambiguity of the term "temporary access facilities ", staff believes that this draft policy does not need to n Draft Words underlined are added; words strask thFough are deleted EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 be in the GMP in order for the County to encourage temporary facilities to be available fo use during an emergency. The one example of such a potential use is located at the I- 75/Everglades Boulevard overpass at which a temporary construction access was approved for use in the Picayune Strand restoration project That location could be of significant value during an emergency to provide both ingress and egress to motor vehicles. Emergency use authorization (in this case to access the limited access interstate highway) to access a public roadway from a temporary location can be granted by the appropriate transportation agency having maintenance responsibility over the facility_ e.g., FDOT or Collier County. The emergency use of any temporary access e.g., a construction access, should only be done with caution and only when proper safety_ precautions are in place. Staff believes should be done on a case by case basis when such emergency use is requested, and that no GMP policy is needed OBJECTIVE 7: [No text change, page 19] The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, and shall encourage safe and convenient on -site traffic circulation through the development review process. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.3: [Text revisions, page 20] The County shall implement, through its Zoning Ordinance, Right -of -Way Permitting and Inspection Handbook, and Land Development Code, the provision of safe and �-. convenient onsite traffic flow and the need for adequate parking for both motorized and non - motorized vehicles as a primary objective in the review of Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development application review process. Coordination shall occur with County Engineering staff where traffic circulation is outside of the limits of the public ROW Policy 7.4: [Text revisions, page 20] The County shall develop corridor management plans that take into consideration urban design and landscaping measures that will promote positive "smart growth" development along the major arterial entrances to the urban area. Such plans shall take into account the recommendations of the Community Character Plan, County- sponsored Smart Growth initiatives, and the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs) as the Board of County Commissioners may periodically appropriate funding for these plans. The County shall consider the recommendations from the Collier County Master Mobility Plan upon its completion and shall submit those "smart growth" strategies that it determines to be appropriate for consideration as Growth Management Plan or Land Development Code Amendments. Policy 7.5: [Text revisions, page 20] The County shall -has developed and shall continue to effectively implement a Corridor Access Management P- 1sPolicy through the development of individual corridor access management improvement 1p ans. Such plans shall - beare designed to make median Draft Words underlined are added; words StFUGk th8ugh are deleted 9 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 modifications and other operational improvements, including removal of traffic signals, necessary to recapture lost capacity and enhance safety. The development of such improvement plans shall consider the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concun ency Management Areas (TCMAs), as may be appropriate. Poficy 7.6: [Text revisions, page 20] The County shall use community impact assessment techniques in evaluating projects in the transportation planning process. These techniques include the use of the Efficient Transportation Decision Making Process (ETDM) through the Long Range Plan to address environmental and socio - cultural issues as well as corridor specific analysis through the Project Development and Environmental Studies and Corridor studies. In addition, during the design of transportation projects there are numerous design and special meetings to take into account the socio - cultural elements of the community including character issues such as aesthetics, avoiding or mitigating for environmental impacts, noise and community disruption issues. OBJECTIVE 8: [No text revisions, page 20] The County shall establish and maintain a " Concurrency Management System" for the scheduling, funding, and timely construction of necessary road facilities. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 9: [No text revisions, page 21 ] The County shall encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, which are not classified as arterials or collectors through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP). In developing strategies and measures to encourage such conditions, the NTMP shall consider the impact of such strategies and measures on the adjacent arterial and collector systems (from a level -of- service and operational standpoint). * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Poficy 9.3: The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. An interconnected local collector street network enhances mobility, reduces vehicle miles of travel (VMT) and greenhouse gas emissions and reduces the travel demand impacts on the arterial/collector roadway network. The develop— pidelines;�rieh LDC shall identify the circumstances and conditions that would require the interconnection of Vm)-- neighboring developments, and shall also develop standards and criteria for the safe interconnection of such local streets. Draft Words underlined are added; words stwsk thrsugh are deleted 10 EAR -based GMP Amendments Transportation Element - CCPC Transmittal Hearing 11/22/11 1—N Policy 9.4: [Text revisions, page 21 & 22] The County shall define on a project -by- project basis, the acceptable amount of rerouted traffic as a result of a traffic management project. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 10: [Text revisions, page 22] The County shall encourage safe and efficient mobility for the rural public that remains consistent with the character of the rural areas of Collier County. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 11: [No Text revisions, page 23] The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities, consistent with the approved Airport Master Plan for each Airport. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 11.2: [Text revisions, page 23] The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master ^ (plans. Airport Master Plans shall be submitted to the Board of County Commissions for review and approval. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 12: [No Text revisions, page 23] The County shall encourage the efficient use of transit services now and in the future. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.8: [Policy Deleted, page 24] A.-ty- a:dopted- tfansit development plan shall inelude - an aeeeptable -}evel -woe * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 13 - [New Objective, page 24] The County shall evaluate the creation of a separate Transit Element in the Growth Management Plan. Draft Words underlined are added; words strUsk t#feUgh are deleted 11 SUMMARY OF RECOMMENDED CHANGES 2011 EVALUATION & APPRAISAL REPORT (EAR) Transportation Element Goals, Objective and Policies: The entire Element will be revised to reflect the proper formatting for all Goals, Objectives and Policies, as defined below: Goal: General statement defining what the plan will ultimately achieve, typically beginning with "TO" followed by a transitive verb, such as, TO PROTECT or TO ENSURE. Objective: A more specific statement than the stated Goal; describing actions that will help achieve the goal(s), typically beginning with the active verb providing the general direction, such as, "Implement ", "Promote" or "Protect ". Objectives use the term "will" and allow Policies to specifically require an activity with "shall ". Policies: Specific statements that provide directives on how to achieve the objectives and ultimately the Element's goals, typically beginning with phrases like, "The County shall promote... ", "The County shall continue to..." or "The District shall expand..." or similar phrases. Policies use the terms "may" or "shall" to provide specific direction. Goals, Objective and Policies: The entire Element should be revised to reflect Department name changes, designee changes, renumbering due to objective and/or policy additions and/or deletions, and grammatical changes. Policy 33 Modification to state corridor width evaluated on a case by case basis. Policy 3.4 Modifications to provide more flexibility in policy. Policy 3.5 Revision to eliminate time frame for achieving policy. Policy 4.1 Revision to be consistent with policy 4.3 Policy 4.6 Addition to policy to address HB697. Policy 5.1 Revision to provide clarification and applicability of policy. Policy 5.3 Modifications to provide expanded applicability of policy. Policy 5.4 Revision to include language outlining consistency of mitigation with Policy 5.5, HB697, and SB360. Policy 5.5 Modifications to provide for monitoring success of TDM strategies. Policy 5.6 Modifications to provide for monitoring success of TDM strategies and language outlining consistency of mitigation with Policy 5.5, HB697, and SB360. Policy 5.8 Modification to improve effectiveness of policy. 1 Transportation Element Summary Policy 5.9 Deletion based upon action accomplished. Policy 6.3 Revisions to provide clarity to policy. Policy 6.5 Revisions to update list of projects identified. Policy 7.3 Modifications to expand applicability of policy. Policy 7.4 Modifications to recognize the requirement to implement HB697. Policy 7.5 Revision to recognize on -going efforts of the policy. Policy 9.3 Revision to provide clarity of policy. Policy 11.2 Revision to require the BCC review and approve the requested Airport Authority Master Plan Policy 12.8 Deletion based upon transit systems exempt from concurrency. Objective 13. The County shall evaluate the creation of a separate Transit Element in the Growth Management Plan. z Transportation Element Summary Brief Assessment of Successes & Shortcomings for the Transportation Element A. Introduction & Background: The purpose of the Transportation Element, as stated in its Goal, is "To plan for, develop and operate a safe, efficient, and cost effective transportation system that provides for both the motorized and non- motorized movement of people and goods throughout Collier County." In order to accomplish this goal, the Transportation Element incorporates data and recommendations from the following reports, plans and studies: ❖ Collier County Metropolitan Planning Organization's (MPO's) currently adopted Long Range Transportation Plan 2030 Financially Feasible Plan and 2030 Needs Plan. ❖ MPO Urban Area Transportation Study. ❖ Collier County Transportation Work Program, FY 2010 — FY 2014. ❖ 2030 Traffic Circulation Map. ❖ Collier County Comprehensive Pathway Plan. ❖ Airport Master Plans for Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport. .-� ❖ Public Transportation Development Plan. ❖ Collier County Master Mobility Plan. The Transportation Element is closely linked to the Future Land Use Element (FLUE). The land development pattern, as outlined in the FLUE, necessitates improvements and expansion to the County's transportation system. The two elements are so closely tied, in fact, that changes or shifts in land use patterns can drastically impact the performance of the roadway system. It is for this reason that the County requires most land development proposals (e.g., DRI, PUD, other rezone, and conditional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the appropriate County review agencies. As an alternative to this scenario of the transportation system reacting to new demands created by changes to land development patterns, the County has begun to explore ways to allow the roadway system to guide the pattems and densities of future land development. The County can determine the type of roadway system it wishes to maintain at some adopted level of service and then can take steps to permit only the types, intensities and location of land uses that will be consistent with that system. Through use of this "checkbook concurrency" process, the County will be in a better position to keep the demand for transportation services from outstripping the capacity of the roadway system. As part of the Transportation Element, the County has established minimum acceptable level of service standards for the existing County Road system. For County facilities, the level of service standard Transportation Element Updated for January 2011 BCC Adoption Hearing to be maintained is either "D" or "E," as measured on a peak hour basis. Several State facilities have been given a minimum LOS "E" standard. In order to prevent sudden unanticipated LOS failures, the County has implemented a "real time" "checkbook accounting" concurrency management process. B. Objectives Analysis: As currently formatted, this Element consists entirely of a Goal (Goal 1), Objectives and Policies. As part of the EAR -based amendments, formatting changes consisting of the addition of a brief introductory statement for the Element and removal of the "1" from the Goal will transpire, so that it is simply the Goal of the Element C. Objectives: Objective 1 - The County will maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the Annual Update and Inventory Report (AUIR) or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. Objective Achievement Analysis: This Objective requires the County to adopt and maintain Level of Service (LOS) standards for the County Roadway System, to annually review and adjust such standards, and to coordinate County road improvements with the road improvement programs operated by neighboring jurisdictions. The tasks included within this Objective are ongoing through implementation of projects from the 5 -year work program as identified by the projected deficiencies table included in the AUIR. Therefore, this Objective will be retained as written Objective 2 - The County shall maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified in the Five (5) Year Work Program. Obiective Achievement Analysis: The County demonstrates its success in maintaining adopted Levels of Service through data provided in the AUIR. This Objective also incorporates the County's Five -Year Work Program into the Transportation Element. It has been left without a date reference so as to be able to incorporate the Five -Year Work Program current at any time. This Objective will be retained as currently written. Objective 3 - The County shall provide for the protection and acquisition of existing and future rights -of -way based upon improvement projects identified within the Five Year Work Program and /or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long -Range Transportation Plan. Obiective Achievement Analysis: This Objective calls for the preservation of right -of -way for ongoing and future road improvements. This Objective is sufficiently generic that it allows the County Transportation 2 Transportation Element Updated for January 2011 BCC Adoption Hearing Division to protect and acquire rights -of -way as an ongoing program. This is pending incorporation into the LDC. This Objective will be retained as currently written. Policy 3.3 - The County shall acquire a sufficient amount of right -of -way to facilitate arterial and collector roads of no less than a cross section of six (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, a shoulder sufficient for pull offs, and landscaping areas. Exceptions to the right -of -way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build -out will be less than the standard. Policy Achievement Analysis: Through use of the LRTP and 5 -year work program roadway corridors necessary to support the future needs are identified and programmed for funding. Utilization of the LRTP helps to determine if a future ROW width of less than that required to support 6 lanes is an appropriate option. This policy will be retained as written. Since the horizon year used in each update of the LRTP is not the expected build -out of Collier County, staff recommends that this policy be retained and corridor width be reevaluated on a case by case basis and not be based solely on the needs limited by the LRTP. Planning Commission (CCPC) Comment from August 25 2010 EAR Workshop — replace "of no less than a cross section of six (6) traffic lanes" with "as appropriate to meet the needs of the ^ LRTP ". Policy 3.4 - Collier County shall acquire rights -of -way for transportation improvements in fee simple, unless otherwise determined appropriate by the Board of County Commissioners based upon a recommendation from the Transportation Administrator. Policy Achievement Analvsis: This acquisition language doesn't just apply to lands we condemn or purchase, but also needs to better apply to lands granted or gifted to us. The GMP needs to allow for public access easements, rights -of -way, etc. that are granted without forcing these facilities to be obtained in fee simple. Collier County recommends revising "acquire" to "purchase" and recommends deletion of "based upon a recommendation from the Transportation Administrator." Planning Commission (CCPC) Comment from August 25 2010 EAR Workshop — remove "based upon a recommendation from the Transportation Administrator" from the end of the existing policy. 3 Transportation Element Updated for January 2011 BCCAdoption Hearing Policy 3.5 - Within one year of the effective date of this amendment, the County shall prepare and adopt a Thoroughfare Corridor Protection Plan (TCPP) ordinance and land development regulations Policy Achievement Analysis: The County is working towards adoption of a Thoroughfare Corridor Protection Plan (TCPP) ordinance and land development regulations. Suggestions include omitting the "within one year" requirement, and simply state that the County is implementing a TCPP. Collier County recommends revisions to this policy. Planning Commission (CCPC) Comment from August 25 2010 EAR Workshop — The CCPC would like a time frame for accomplishing the policy and not to leave it open ended. Objective 4 - The County shall provide for the safe and convenient movement of pedestrians and non - motorized vehicles through the implementation of the Collier County Comprehensive Pathways Plan. Obiective Achievement Analysis: The stated purpose of the County's Comprehensive Pathway Plan is to promote walking and bicycling as integral components of Collier County's local, regional and state recreation and transportation programs. That having been stated, the Program is responsible for maintaining and extending the County's bike lanes, sidewalks, and recreational paths. The program has been active for approximately ten (10) years, and relies on a Pathways Advisory Committee to make recommendations as to potential projects, priorities and even Planned Unit Development Applications. Additionally, the comprehensive pathways plan; which outlines goals, objectives and policies, and prioritizes pathway projects, has undergone recent updates. This Objective should be retained as written. Policy 4.1 - The County shall incorporate the Collier County Comprehensive Pathways Plan into this Transportation Element by reference and shall periodically update the Pathways Plan as needed. Policy Achievement Analysis: Collier County recommends text remains to be modified as suggested by the CCPC below. The County has incorporated the Collier County Comprehensive Pathways Plan into this Transportation Element by reference and shall periodically update the Pathways Plan as needed. Planninz Commission (CCPC) Comment from August 25, 2010 EAR Workshop - Replace "shall" with "should to be consistent with policy 4.3. 4 Transportation Element Updated for January 2011 BCC Adoption Hearing �-. Policy 4.5 - The County shall, to the greatest extent possible, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathways Work Program. Policy Achievement Analysis: Collier County recommends text to be modified as suggested by the CCPC below. The County shall, to the greatest extent possible, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathways Work Program. Collier County Transportation Planning secures millions of dollars in funding every year from agencies as identified in this policy. Planning Commission (CCPC) Comment from August 25 2010 EAR Workshy — Remove "to the greatest extent possible "from the policy. Policy 4.6 - The County shall work to reduce Vehicle Miles Traveled and Greenhouse Gas Emission by providing for the safe movement of non - motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate bike lanes, sidewalks and pathways, as deemed appropriate, in new construction and reconstruction of roadways. Policy Achievement Analysis: The County provides for the safe movement of non - motorized vehicles through implementation of its Land wa design Development Code and highway P g y standards ordinances and incorporates bike lanes, sidewalks and pathways, as deemed appropriate, in all new construction and reconstruction of roadways. Staff recommends that this policy be modified to include consideration of HB697. Objective 5 - The County shall coordinate the Transportation System development process with the Future Land Use Map. Objective Achievement Analysis: Collier County Comprehensive Planning staff regularly coordinates with Transportation Planning staff on transportation considerations related to proposed GMP Amendments. The two staffs work together annually with regard to the County's Annual Update & Inventory Reports (AUIRs). During the past three years, the staffs have worked together on the amendments establishing the Rural Fringe Mixed Use District of the FLUE, the update of the Golden Gate Area Master Plan, the update of the Immokalee Area Master Plan (ongoing), the proposed extension of Wilson Boulevard into the Rural Fringe Area, and the establishment of the County's checkbook concurrency provisions. The County has acted consistent with this Objective. Therefore, the Objective should be retained as written. Policy 5.1 - The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land 5 Transportation Element Updated for January 2011 BCC Adoption Hearing Use Element (FLUE) affecting the overall countywide density or intensity of permissible 10-111, development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and /or is projected to operate below an adopted Level of Service Standard within the five year planning period, unless specific mitigating stipulations are also approved. Policy Achievement Analysis: Additional language that clarifies "significantly impacted road segment" in regards to the County adopted 2 %- 2 % -3 %, and which clarifies "deficient" should be added to this policy. It is also recommend that language establishing what "mitigation" is, and specifically how it should be applied (in measurable terms) be added. It should also detail what happens when mitigation allows a project to be "consistent" with this policy. Collier County recommends revisions. Policy 5.3 - In order to determine vesting, where desired, all previously approved projects must go through a vesting review pursuant to Subsection 10.02.07.6.6, of the Land Development Code. Policy Achievement Analysis: Policy 5.3 requires the County to conduct a Traffic Impact Vesting Affirmation Review n to determine which developments are vested for concurrency, the schedule of when these developments will be built and the magnitude of traffic that will be generated by these developments. This review was completed, and information from the review was used to provide background data and analysis relative to the County's Transportation Concurrency Management Area and Concurrency Exception Area amendments. Collier County recommends revisions. Consider allowing the County the ability to provide vesting determinations on projects that are under review and that are beyond the build -out date stated in their TIS. Policy 5.4 - Pursuant to Rule 9J- 5.0055(6)(a)3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the set procedures. Policy Achievement Analysis: Pursuant to Rule 9J- 5.0055(6)(a)3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, 6 Transportation Element Updated for January 2011 BCC Adoption Hearing development located within the South U.S. 41 TCEA (MapTR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the set procedures. Staff recommends that this policy be modified to include language outlining consistency of mitigation with Policy 5.5, HB697, and SB360. Policy 5.5 - Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Planning Department that at least four Transportation Demand Management (TDM) strategies will be utilized. Policy Achievement Analvsis: Collier County recommends revisions - Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation must provide certification to the Transportation Planning Department that at least four Transportation Demand Management (TDM) strategies will be utilized. Monitoring of the use of the TDM strategies must be included in the annual monitoring report and modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Staff recommends that this policy be modified to include language outlining consistency of mitigation with HB697 and SB360. Policy 5.6 - The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR -5). East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR-6). Policy Achievement Analysis: Collier County recommends revisions - Commercial developments within the TCMA must provide certification to the Transportation Planning Department that at least four Transportation Demand Management (TDM) strategies will be utilized. Monitoring of the use of the TDM strategies must be included in the annual monitoring report and modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Staff recommends that this policy be modified to include language outlining consistency of mitigation with Policy 5.5, HB697, and SB360. 7 Transportation Element Updated for January 2011 BCC Adoption Hearing Policy 5.8 - Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and /or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1 % of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.7 of this Element, a congestion mitigation payment shall be required Policy Achievement Analysis: Collier County recommends revisions - these needs to refer to an annually updated map that defines what the County's recognized hurricane evacuation links are, so the failing ones can be identified. That map MUST be directly related to the AUIR to make this effective. Congestion Mitigation Payment needs to be defined much more clearly. (NEW) Policy 5.9 - Local governments shall adopt by December 1, 2006 a method for assessing proportionate fair -share mitigation options. Policy Achievement Analysis: Collier County recommends deleting this policy - this has been completed and follows the model developed by FDOT as required by December 1, 2005. The process is clearly outlined in the County's TIS guidelines. Objective 6 - The County shall coordinate the transportation element with the plans and programs of the state, region, and other local jurisdictions. Objective Achievement Analysis: This Objective requires the Collier County Transportation Division to coordinate with the transportation programs of other governmental entities. Collier County Transportation staff coordinates with transportation planning and improvement programs implemented by municipalities, neighboring counties, the Southwest Florida Regional Planning Council, the Florida Department of Transportation, and the Federal Highway Administration, and will continue to do so. This Objective will be retained as written. Policy 6.3 - The Transportation Element shall be consistent in its interface into the arterial /collector system within the City of Naples, Everglades City and the City of Marco Island. Policy Achievement Analysis: Policy 6.3 requires the County to "be consistent in its interface into the arterial/collector system within the City of Naples and the City of Marco Island." The Policy has to do with establishing and maintaining connections between County and City roads. However, the original intent of this Policy is unclear. For instance, it could apply to the roadway connections themselves, or it could apply to administrative policies or guidelines. The EAR -based amendments should include modification of this policy for clarity. Transportation Element Updated for January 2011 BCCAdoption Hearing Policy 6.6 - The Collier County MPO's adopted Long Range Plan has identified a need for an interchange at 1 -75 and Golden Gate Parkway and a grade separated overpass at Airport Pulling Road and Golden Gate Parkway. The above projects are now in the MPO Transportation Improvement Program along with the six - laning of Golden Gate Parkway. The County shall insure that the three projects mentioned above will be fully coordinated in timing and design. Policy Achievement Analysis: The projects listed in this policy have been completed and renders this policy obsolete. Collier County recommends revision of the projects listed to include; I- 75/Everglades Interchange; US- 41/SR-CR951 grade separated overpass; and Randall/Immokalee grade separated overpass. (NEW)Policy 6.6 - Collier County shall encourage emergency egress be permitted at all temporary access facilities. Objective 7 - The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, and shall encourage safe and convenient on -site traffic circulation through the development review process. Objective Achievement Analysis: This Objective requires the County to develop and adopt standards for onsite and external traffic circulation as part of the development review process. The County has adopted such standards and they are applied to rezoning applications and site development permitting for all proposed development within Collier County. This Objective will be retained as written. Policy 7.3 - The County shall implement, through its Zoning Ordinance, the provision of safe and convenient onsite traffic flow and the need for adequate parking for both motorized and non - motorized vehicles as a primary objective in the review of Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development application review process. Policy Achievement Analysis: Policy 7.3 requires the County to implement "the provision of safe and convenient on -site traffic flow and the need for adequate parking for motorized and non - motorized vehicles as a primary objective in the review for Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications process." Such provisions have been adopted through the County's Zoning Code and are periodically reviewed and updated consistent with established transportation planning criteria_ This Policy should be revised to include coordination with County Engineering staff where traffic circulation is outside of the limits of the public ROW. Planning- Commission (CCPC) Comment from August 25 2010 EAR Worksho — Replace the word "shall" with "may" at the beginning ofthe policy. 9 Transportation Element Updated for January 2011 BCC Adoption Hearing Policy 7.4 - The County shall develop corridor management plans that take into ^ consideration urban design and landscaping measures that will promote positive development along the major arterial entrances to the urban area. Such plans shall take into account the recommendations of the Community Character Plan, County- sponsored Smart Growth initiatives, and the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs) as the Board of County Commissioners may periodically appropriate funding for these plans. Policy Achievement Analvsis: Policy 7.4 requires the County to develop Corridor Management Plans for certain roadways. There is a similar requirement within the Future Land Use Element (see Section 1.5.11 of this report). The FLUE provision lists corridors that could be subject to such plans. Collier County recommends amending this to underline the importance of the `smart growth' portion of the policy (i.e. direct the County to adopt and implement smart growth policies). Also to require that any developments that are approved must meet smart growth objectives. Suggest coming up with a list of them, similar to the TDM strategies above. Policy 7.5 - The County shall develop Corridor Access Management Plans. Such plans shall be designed to make median modifications and other operational improvements, including removal of traffic signals, necessary to recapture lost capacity and enhance safety. The development of such plans shall consider the impacts of the South US 41 ^ Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs), as may be appropriate. Policy Achievement Analysis: Policy 7.5 requires the development of Corridor Access Management Plans. Such a plan has been implemented. An EAR -based amendment should include modification of this Policy by changing the first sentence to read "The County has developed and shall continue to effectively implement a Corridor Access Management Policy." Objective 8 - The County shall establish and maintain a " Concurrency Management System" for the scheduling, funding, and timely construction of necessary road facilities. Objective Achievement Analysis: Sections 2.2 through 2.4 of this report review issues related to Transportation Concurrency Management. Prior to 2003, County staff reviewed all PUD and DRI Applications for compliance with transportation concurrency provisions. As part of the review process, proposed projects were assessed for their transportation impacts and mitigation requirements were assigned to these projects on a case -by -case basis. This system was adequate for evaluating individual projects but did not adequately assess the combined impact of all development on the County's road system. 10 Transportation Element Updated for January 2011 BCC Adoption Hearing During 2003, the Board of County Commissioners adopted a "checkbook concurrency system." This system examines the total trip capacity available for new development and includes provisions relative to vested traffic. As part of the process of establishing the checkbook concurrency system, the County has recently adopted amendments to the Transportation Element, Future Land Use Element and Capital Improvement Element that establish two Transportation Concurrency Management Areas (TCMAs) and a Transportation Concurrency Exception Area (TCEA). This Objective will be retained as written. Objective 9 - The County shall encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, which are not classified as arterials or collectors through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP). In developing strategies and measures to encourage such conditions, the NTMP shall consider the impact of such strategies and measures on the adjacent arterial and collector systems (from a level -of- service and operational standpoint). Obiective Achievement Analysis: This Objective was adopted in November 2002. It essentially established a program of neighborhood traffic calming measures that can be implemented by a public petition process (from affected residents to the Board of County Commissioners). It has successfully slowed traffic in certain portions of the County where neighborhood streets were being used as "cut - throughs" between two major roadways. This Objective will be retained as written. Policy 9.3 - The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The Collier County Transportation Division shall develop guidelines, which identify the conditions that would require the interconnection of two neighboring developments, and shall also develop standards and criteria for the safe interconnection of such local streets. Policy Achievement Analysis: This Policy needs to better define the term "feasible ". Also, policies in Objective 7of the GMP, not including the Transportation Element, addresses interconnection and should be defined in relation to Policy 9.3. Objective 10 - The County shall encourage safe and efficient mobility for the rural public. Obiective Achievement Analysis: This Objective is a catchall for County transportation programs that operate within Collier County's rural areas. As such the Objective is intended to cover policies that deal with a range of different transportation tasks. Staff recommends that this Objective be revised to read "The County shall encourage safe and efficient mobility for the rural public that remains consistent with the character of the rural areas of Collier County ". 11 Transportation Element Updated for January 2011 BCC Adoption Hearing Objective 11 - The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities, consistent with the approved Airport Master Plan for each Airport. Obiective Achievement Analysis: Collier County owns and operates three (3) airports: Immokalee Regional Airport, in Immokalee; Everglades Airpark, in Everglades City; and Marco Island Executive Airport, located three miles north of the City of Marco Island in southwestern Collier County. Each of the airports is required by the Federal Aviation Administration (FAA) to prepare and periodically update an Airport Master Plan that details facility needs and proposed expansions or changes for each airport. The purpose of the above Objective is to incorporate (by reference) these Airport Master Plans into the Transportation Element. This Objective will be retained as written. Policy 11.2 - The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans. Policy Achievement Analysis: Policy 11.2 gives the Collier County Airport Authority responsibility for future facility planning, consistent with the Airport Master Plans. Staff recommends that this policy be revised to require the BOCC review and approve the requested Airport Authority Master n Plan. Planning Commission (CCPQ Comment from August 25 2010 EAR Workshop — Replace "Collier County Airport Authority" moth "Collier County Board of County Commissioners". The Airport Authority only makes recommendations to the Board. Policy 11.3 - The Collier County Metropolitan Planning Organization (MPO) has assisted Everglades City in obtaining Federal funds to enable the City to maintain and operate the Everglades Air Park. Given the assistance provided to Everglades City by the MPO, the Collier County Board of County Commissioners shall coordinate with the Everglades City Council to ensure a safe and orderly transfer of the Everglades Airpark and all related facilities to Everglades City for use as a public airport only. Such transfer shall be in a manner that does not compromise the safety of the Airpark and the future facility plans authorized by the Everglades Airpark Master Plan. In the event the Airpark ceases operation or ceases to operate as a public Airpark, the Airpark property will revert back to Collier County. Conditions of a transfer and reverter provisions will be set forth in a transfer document or the deed for transfer. Policy Achievement Analysis: Collier County recommends text remains due to transfer of Everglades Airpark has not transpired, but discussions between the County and Everglades City is still in- progress. 12 Transportation Element Updated for January 2011 BCC Adoption Hearing ^ Planniniz Commission (CCPC) Comment from August 25 2010 EAR Workshop — The CCPC would like staff to check on the status of the transfer and the results will dictate how the policy is modified. Objective 12 - The County shall encourage the efficient use of transit services now and in the future. Objective Achievement Analysis: This Objective is the location for all policies related to planning, operation, coordination and expansion of the Collier Area Transit (CAT) System. The CAT System is administered through the County's Traffic Operations & Alternative Transportation Modes Department with the aid of other Departments within the County's Transportation Administration (see the policies below). The CAT System began operation in February 2001 and in its first twelve months of service, provided over 211,000 passenger trips. Ridership has grown since that time. Therefore, this Objective will be retained as written. Policy 12.8 -Any adopted transit development plan shall include an acceptable level of service standard for transit facilities. Policy Achievement Analysis: Policy 12.8 requires the transit development plan to include "an acceptable level of service standard for transit facilities." The adopted plan does include several such levels ^ of service standards, to be used as indicators of the effectiveness and efficiency of the County Transit System. Additionally, staff notes that Section 163.3180 (4) (b), Florida Statutes, was amended in 2001 to exempt transit systems from concurrency. Therefore, staff recommends that the EAR -based amendments include deletion of this Policy. Objective 13 - The County shall evaluate the creation of a separate Transit Element in the Growth Management Plan. Obiective Achievement Analysis: This proposed new Objective shall evaluate and take into consideration the expansion of multi -modal transportation systems. This objective shall create a set of policies that are consistent with increased use of alternative modes of transportation, appropriate mitigation for development creating significant impacts to the transportation network, and full consistency with the goals and objectives of HB697. Planning Commission (CCPC) Comment from August 25 2010 EAR Workshop — Develop a policy that states the County shall develop a Mobility Element to the GMP based upon the conclusion of the Master Mobility Plan to give alternative means of transportation an equal footing within the GMP. 13 Transportation Element Updated for January 2011 BCC Adoption Hearing EAR -based GMP Amendments Wastewater Treatment Sub - Element — CCPC Transmittal Draft 10 -18 -11 Goal, Objectives and Policies Public Facilities Element/Sanitary Sewer Sub - Element (SSS -E) M GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] GOAL: [Revised text, page 2] TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE WASTEWATER TREATMENT AND SANITARY SEWER FACILITIES AND SERVICES. OBJECTIVE 1: [Rephrased to improve format as an "objective ", revised text, page 2] The ` eufAy will the f hewn h ' Make certain that public and private ., ....,.....) .. a,. implement -cil ox:v�xzx�pvrrcnTCV -rri sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities, and private water and wastewater utilities regulated through the Growth Management Division (GMD )Operations & Regulatory Management Department will be expanded as necessary to provide for future growth. Policy 1.1: [Revised text, page 2] Continue the development of the Collier County Water -Sewer District and private water and wastewater utilities regulated through the Growth Management Division (.GMD) Operations & Regulatory Management Department consistent with the Capital Improvements Element to provide for future growth. Policy 1.2: [Revised text, pages 2, 3] Consistent with the growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Existing and Future Sewer Service Areas maps (Figure 9S4 WT 1 —and Fi.—I e SS 1) whieh ineludes the nffa Transit: Water- and Sewer- Dist et (Figufe SS 2 and Figufe SS 2 1); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County, at its discretion, may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay (RLSA); presently, the County has no plans to serve any portion of the RLSA. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the RLSA: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities; Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central sewer facilities; and, Compact Rural Developments that are one hundred (100) acres or less in ^ size may be required to be served by central sewer facilities, depending upon the permitted uses DRAFT Words underlined are added; words struck through are deleted. EAR -based GMP Amendments Wastewater Treatment Sub - Element — CCPC Transmittal Draft 10 -18 -11 within the Compact Rural Development. The private sector, Collier County, an independent wastewater authority, or some other non - County utility provider may provide these facilities. For the purposes of this pPolicy and pPolicies 1.4, 5. 1, and 5.3 of this Sub - Element, within the RLSA, the term "central sewer facilities" includes decentralized community treatment systems and innovative alternative wastewater treatment systems such as decentralized community treatment systems, provided that they meet criteria of Chapter 64E -6 F.A.C. A decentralized community wastewater treatment system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with Chapter 64E -6 F.A.C. System facilities located on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy 2.1 of this Sub - Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.5: [Revised text, page 3] Collier County shall permit development of package sewage treatment plant systems in areas identified in Policy 1.2, on an interim basis until Go a centralized wastewater treatment system service is available. The County shall allow individual septic systems within the County only when connection to an existing central system is not within 200 lineal feet of the closest property line. In portions of the County where septic systems are allowed, at such time as County or other een#a se centralized wastewater treatment system service becomes available within 200 lineal feet of the property line, said septic systems will be required to connect to the appropriate centralized wastewater treatment system. Within the Rural Lands Stewardship Overlay, consistent with Policy 1.2: septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred (100) acres or less in size depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until eextr-al centralized wastewater treatment system service is available. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.7: [Revised text, page 4] Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, sewer service shall be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance Number 01 57, DRAFT Words underlined are added; words strusk thmugh are deleted. 2 EAR -based GMP Amendments Wastewater Treatment Sub - Element — CCPC Transmittal Draft 10 -18 -11 adepted Oeteber- -3,2 04 -31, adopted Ma_y 11, 2004, and District construction and operating policies. OBJECTIVE 2: [Rephrased to improve format as an "objective ", revised text, page 4] Ensure wastewater treatment system capacity is available or will be available to serve development. Policy 2.0.1• No development order shall be issued by Collier County without demonstration that sanita sewer wastewater treatment facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 2.1: [Revised text, pages 4, 5] The following Level ef Sen4ee (LOS) staadaFds are her-eby adepted and shall be used as the bates — €er —deter of f4eility eapaEity and he— dew — generated —by DRAFT Words underlined are added; words steusk-tftrough are deleted. 3 EAR -based GMP Amendments Wastewater Treatment Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 2.1: The levels of service standards (LOSS) for Collier County wastewater treatment facilities both public and private appear in Policy 1.5• subsection `B" in the Capital Improvement Element * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.3: [Revised text, page 5] These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of wastewater treatment facilities Policy 2.4: [Revised text, page 5] The Collier County Water and Wastewater Authori ty shall annually review historical safli` sewer wastewater demand records and adjust the LOS standards, as referenced in Policy 2.1, if so indicated by said annual review. The Collier County Water -Sewer District shall review historical sanitary sewer demand records during Collier County Wastewater Master Plan u dates and adjust the LOS standards as referenced in Policy 2 1 if needed OBJECTIVE 3: [Rephrased to improve format as an "objective ", revised text, page 5] The County ll s Ensure utilization of environmentally sound and economically .�uuz beneficial methods for disposal of treated sludge and septage, and shall also easu e that such practices are followed by private utilities regulated by the County. Policy 3.1: [Policy is provided for contextual purposes only; no change proposed.] The County shall maintain sludge de- watering and stabilization facilities for use by County wastewater treatment operations to produce sludge de- watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. The County shall ensure that private wastewater utilities regulated by the County follow such practices. Policy 3.2: [New text, page 6] Private utilities regulated by the County shall maintain sludge de- watering and stabilization facilities sufficient to treat sludge and septage to a degree equivalent to that employed at the County facilities, prior to its disposal OBJECTIVE 4: [Rephrased to improve format as an "objective ", revised text, page 6] Promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Ppolicies. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words struGk through are deleted. 4 EAR -based GMP Amendments Wastewater Treatment Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 4.6: [Revised text, page 6] The County shall promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscape irrigation. The County will encourage Florida - Friendly Landscaping'' to reduce the generation of yard waste, reduce water consumption, and improve water quality. Section 373.185, F.S., defines Florida - Friendly Landscaping' as using _quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. Policy 4.7: [Revised text, page 7] The County shall seek to expand the availability of irrigation water from supplemental sources., such as dual water systems within Communitv Development Districts. other special districts. and Planned Unit Developments, through connection of such sources to the County's reclaimed water system, or other systems capable of similarly handling reclaimed water. OBJECTIVE 5: [Rephrased to improve format as an "objective ", revised text, page 7] The Geuat�, shall Discourage urban sprawl and the proliferation of private sector wastewater treatment utilities and sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 5.1: [Revised text, page 7] The County shall discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Beundar-ies depicted on Figure &S4 WT-1 of the SaRkafy Sewe this Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or- within the Rum! T-r-ansi Water- an Sewer- Dist .;et Boundaries e« 1r;,,.., «e SS 2 e f the Canit.,,... Sewer- Sub ele,,.,e.,+; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.3: [Revised text, pages 7, 8] As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties 111"N designated other than as a Town, Village, Hamlet or Compact Rural Development are permitted DRAFT Words underlined are added; words dough are deleted. EAR -based GMP Amendments Wastewater Treatment Sub - Element — CCPC Transmittal Draft 10 -18 -11 to connect to these collection lines. Under criteria, properties may be eligible for central sanitary sewer service from cellier- Geu Ay Utilities, er- an existing_ public or private secAe utility or iadepeadefA distfiet, within the Receiving Areas identified in the p,,,..,' T ansitie Water- Collier County Sewer District, depicted on the Collier County Sewer District Existing and Future Sewer Service Areas map (Figure &S-4 WT 1) of the WastewaterTreatment Sub - element, subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use Element and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for central sanitary sewer or wastewater treatment service eligibility may include, but are not limited to, plans for development, which utilize creative planning techniques such as clustering, density blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Sanitary Sewer or wastewater treatment collection lines; within the Rum! T _ ti Watef and c DistFiet, may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** MAP CHANGES: 1. Figure SS -1.1, Collier County Sewer District Boundaries • This map has the same title as Figure SS -1 and is incorrect. This map, and references to it in Policies, are to be deleted. 2. Figure SS -2.1, Existing and Future Sewer Service Areas • This map has the same title as Figure SS -2 and is incorrect. This map, and references to it in Policies, are to be deleted. 3. Figure SS -1, Collier County Sewer District Boundaries This map is referenced in multiple Policies and is incorrect. The references to this map are to be changed to reference "Existing and Future Sewer Service Areas" since the District Boundaries are included. This map is to be re- titled. 4. Figure SS -2, Existing and Future Sewer Service Areas This map is referenced in the same Policies as Figure SS -1 and is to be updated to the 2008 Wastewater Master Plan Figure 1 -1 (attached). Similar maps are to be added for other Sewer Systems overseen by the Collier County Water and Wastewater Authority, where available. DRAFT Words underlined are added; words strusk through are deleted. 6 EAR -based GMP Amendments Wastewater Treatment Sub - Element — CCPC Transmittal Draft 10 -18 -11 5. Figure SS -3, North Sewer Service Area • This map is not referenced in any Objective or Policy and is to be deleted. 6. Figure SS -4, South Sewer Service Area • This map is not referenced in any Objective or Policy and is to be deleted. 7. Table SS -14, Capital Improvement Projects FY 2003 -2007 • This table is not referenced in any Objective or Policy and is specific to the Collier County Water -Sewer District. For those reasons, this table is to be deleted. EAR - Wastewater Treatment Sub-E — CCPC Transmittal DRAFT 10 -18 -11 G:ICDES Planning ServiceslComprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendments\Elements\Wastewater Sub-E - CSIEAR -based Amendments—CCPC Transmittal—Sanitary Sewer 1.docx CS DRAFT Words underlined are added; words st+aslEb are deleted. 7 Assessment of the Successes & Shortcomings and Recommendations ^, for the Public Facilities Element — Sanitary Sewer Sub - Element A. Introduction & Background: The purpose of the Sanitary Sewer Sub - Element is defined within its single Goal, which reads as follows: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES. The intent of the Sanitary Sewer Sub - Element is to assure the provision of efficient and economical services that would enable the citizens of Collier County to meet their needs for wastewater management while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, F.A.C., and Chapter 163, Florida Statutes. The provision of public facilities and services for wastewater treatment is planned in correlation with future land use projections. The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of this Sub - Element from the "Sanitary Sewer" Sub - Element to the "Wastewater Treatment" Sub - Element. The new name should be used in all titles, headings and text within this Sub - Element, and in all references to this Sub - Element found throughout the Growth Management Plan. As currently formatted, this Sub - Element consists entirely of a single Goal, and its supporting Objectives and Policies. As part of the EAR -based amendments, Comprehensive Planning staff is recommending specific formatting changes for the Sub - Element. In addition, the Sub - Element contains a number of references to the County's Water & Sewer District. The District's official name is the "Collier County Water -Sewer District ", and the Sub - Element text needs to reflect this. B. Objectives Analysis: OBJECTIVE 1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and /or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. Objective Achievement Analysis: This Objective concerns both private and public utilities. Collier County's private water and wastewater utilities are regulated through the Utility /Franchise Regulation Section of the Community Development & Environmental Services (CDES) Operations Department. This agency serves as staff for the Collier County Water and Wastewater Authority. The Utility/Franchise Regulation Section is the County entity responsible for monitoring compliance with County regulations by private utilities. PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT In addition to managing the operations of the Department and Section, the CDES Operations Director is also the Executive Director for the Water and Wastewater Authority. n In regulating the operations of the County's private utilities the Authority, which is appointed by the Board of County Commissioners, exercises considerable power. They may set rates, adjust franchise boundaries, set quality of service standards and intervene in disputes between utilities and customers. The publicly owned (as opposed to privately- owned) wastewater collection system is operated by Collier County through the Collier County Water -Sewer District. The District is responsible for developing, operating and maintaining the County 's public facilities related to wastewater treatment and collection. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective" and specific references to County Departments and Sections should reflect CDES' recent reorganization, including the Operations and Regulatory Management Department [and Director], of the Growth Management Division. Policy Relevance: There are seven (7) policies within this Objective. Policy 1.1: Continue the development of the Collier County Water -Sewer District consistent with the Capital Improvements Element to provide for future growth. n This Policy calls for the continuing development of the County's Water -Sewer District. This Policy remains relevant and should be rewritten not to be utility specific, but to mention those jurisdictions, generally, that have a wastewater treatment or sewer district or service to develop consistent with the GMR Policy 1.3: The Collier County Water and Wastewater Authority (Authority), established by County Ordinance Number 96 -6, regulates the operations of private sector wastewater treatment utilities that provide sanitary sewer services to portions of unincorporated Collier County. All such private sector sanitary sewer service providers are required to meet the County's adopted wastewater treatment Level of Service (LOS). All private sector sanitary sewer service providers shall file an annual statement with the Authority that provides current operating information including, but not limited to: a statement of current policies and service criteria, the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for wastewater treatment. The annual report shall also document any necessary or projected facility expansion and /or replacement projects that are required to correct observed deficiencies. This Policy requires, to the extent of County authority, private wastewater treatment utilities to report current operating information and proposed system expansions or modifications to the County, including a statement as to how the proposed activity is consistent with the County's Growth Management Plan. This Policy remains relevant and should be retained as written. 2 PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT [Planning Commission (CCPQ Comment from August 27 2010 EAR Workshop — Suggesting that meeting these requirements should come at no cost to the County. The CCPC also suggests ^ considering a combination of 1 year reporting, and 5-year reviewing, requirements.] Policy 1.4: For any new structure in which plumbing fixtures are to be installed and which is proposed to be connected to a private sector sanitary sewer service utility, the developer is required to provide a letter of adequate capacity from that private utility to the Collier County Building Review and Permitting Department at the time of application for the first building permit, pursuant to Collier County Ordinance Number 80 -112. This Policy requires developers intending to connect to private wastewater treatment or sanitary sewer facilities to demonstrate such facilities will provide them with adequate capacity. This Policy remains relevant and should be retained as written. Policy 1.5: Collier County shall permit development of package sewage treatment plant systems in areas identified in Policy 1.2, on an interim basis until County service is available. The County shall allow individual septic systems within the County only when connection to an existing central system is not within 200 lineal feet of the closest property line. In portions of the County where septic systems are allowed, at such time as County or other central sewer service becomes available within 200 lineal feet of the property line, said septic systems will be required to connect to the appropriate central sanitary sewer system. Within the Rural Lands Stewardship Overlay, consistent with Policy 1.2: septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred (100) acres or less in size depending upon the permitted uses in ^ the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater han one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. This Policy allows development of new or expanded wastewater treatment and sanitary sewer systems in certain portions of unincorporated Collier County on an interim basis. It also allows the use of individual septic systems in areas where County or other central wastewater treatment service is unavailable. This Policy remains relevant but should be revised to replace "until County water service is available " with "until a centralized wastewater treatment system service is available". This includes mapping changes and new map information derived from the private, or smaller, providers or districts. Policy 1.7: Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, sewer service shall be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance Number 01- 57, adopted October 23, 2001, and District construction and operating policies. This Policy requires Community Development Districts, or other special infrastructure districts, to connect to the County Utility System when they are located within the Collier County Water -Sewer 3 PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT District Service Area, and remains relevant. An Ordinance cite is outdated and this Policy should be revised to replace "Ordinance Number 01 -57, adopted October 23, 2001 " with "Ordinance Number 04 -31, adopted May 11, 2004 ". OBJECTIVE 2: No development order shall be issued by Collier County without sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Objective Achievement Analysis: This Objective is the County's concurrency provision for wastewater treatment capacity. The Collier County Water -Sewer District achieves concurrency of its stated LOS standard. The disclosure of this achievement is reported within the periodic updates of the County's Wastewater Master Plan. This Objective is being achieved and should be retained, only if rewritten. This Objective should be reformatted to separate the portion that reads as an "objective" from the portion that reads as a "policy" into the individual "Objective 2" and Policy "2.0.1 ". Policy Relevance: There are four (4) policies within this Objective. Policy 2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY SERVICE AREA Collier County Facilities North Sewer Service Area South Sewer Service Area Southeast Sewer Service Area Northeast Sewer Service Area Marco Island Sewer District Marco Shores City of Naples Facilities Unincorporated Service Area Everglades City Facilities Unincorporated Service Area LEVEL OF SERVICE STANDARD 145 gpcd 100 gpcd 120 gpcd 120 gpcd 100 gpcd 145 gpcd 100 gpcd Independent Districts Orangetree Utilities 100 gpcd Immokalee Water and Sewer District 100 gpcd Florida Governmental Utility Authority 100 gpcd 4 PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT Private Sector Systems * * The standards hereby adopted are the sewage flow design standards in Chapter 64E -6008, Florida Administrative Code, unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. This Policy establishes Level of Service (LOS) standards for various Collier County wastewater treatment facilities, both public and private. This Policy should be revised to update the Level of Service Standards, as the Collier County Facilities North Sewer Service Area LOSS is now 120 gpcd. The Policy should be revised to indicate the LOS standard for Ave Maria Water and Wastewater facilities, which are inside the County. The LOSS for wastewater treatment appearing in Policy 2.1 above is one of two locations within this GMP where these standards are shown. The other location is Policy 1.5, subsection "E" in the Capital Improvement Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. This Policy will remain relevant in its reconciled format. [Planning Commission (CCPQ Comment from August 27, 2010 EAR Workshop — Supporting staff suggestion to locate Level of Service Standards in the CIE, with this Sub - Element being revised to direct readers to the CIE for this information. j Policy 2.4: The County shall annually review historical sanitary sewer demand records and adjust the LOS standards, as referenced in Policy 2.1, if so indicated by said annual review. This Policy remains relevant and requires an annual review of wastewater treatment demand records, with adjustment of the LOS Standards, as necessary, based upon the findings of the annual review. This Policy should be revised to replace "County" with "Collier County Water and Wastewater Authority", and add a second sentence, such as, "The Collier County Water -Sewer District shall review historical sanitary sewer demand records during Collier County Wastewater Master Plan updates and adjust the LOS standards, as referenced in Policy 2.1, if needed. " and retained as rewritten. OBJECTIVE 3: The County will continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage, and shall also ensure that such practices are followed by private utilities regulated by the County. 5 PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT Obiective Achievement Analysis: This Objective ensures the County will involving both public and private services. retained, essentially as written. This Obj "objective ". Policy Relevance: employ appropriate sludge and septage disposal practices This Objective is being achieved and as such, it should be ective should be rephrased to improve its formatting as an Policy 3.1: The County shall maintain sludge de- watering and stabilization facilities for use by County wastewater treatment operations to produce sludge de- watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. The County shall ensure that private wastewater utilities regulated by the County follow such practices. This Policy remains relevant and requires sludge de- watering and stabilization facilities to be included in all County wastewater treatment plants. The facilities are required to produce sludge de- watered and stabilized to a degree suitable to enable its use as cover material for County landfills or to be used for any suitable manner that is permitted by law. The stabilization facilities at the North County Water Reclamation Facility were abandoned in 1999 due to odor concerns. The County currently hauls biosolids to a sanitary landfill on an interim basis until biosolid stabilization facilities can be obtained to meet FAC Chapter 62 -640 and USEPA 40 CFR Part 503. This Policy should be retained as written. As part of the EAR -based amendments, the County proposes a new Policy requiring private sludge and septage to be treated prior to its disposal to a degree equivalent to that employed at the County facilities. OBJECTIVE 4: The County will continue to promote the use of treated purposes in order to provide an environmentally sound potable water and groundwater supplies by developing comprehensive strategy for the following Policies. Obiective Achievement Analysis: wastewater effluent for irrigation disposal method and to conserve and implementing an integrated, This Objective is being achieved and commits the County to promoting the use of reclaimed water as an irrigation source for suitable properties. This language is similar to language contained in Objective 1.4 of the Potable Water Sub - Element (refer to the Potable Water Section of this Report). The County has an active reclaimed water irrigation program. Therefore staff recommends retention of this Objective, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are seven (7) policies within this Objective. The Objective and policies are similar to Objective 4 and its policies within the Potable Water Sub - Element (refer to the Potable Water Section of this Report). 6 PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT Policy 4.7: The County shall seek to expand the availability of irrigation water from supplemental sources through connection of such sources to the County's reclaimed water system. This Policy remains relevant and requires that dual water systems within Community Development Districts, other special districts, and Planned Unit Developments be connected to the Regional (County) system, at such time as the system is available for such connection. This Policy should be deleted or rewritten to not be utility specific. OBJECTIVE 5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Objective Achievement Analysis: This Objective is being achieved and seeks to discourage urban sprawl through maximization of existing public wastewater treatment utilities. Further, the Objective states that this action will be achieved through the local development review process. The Public Utilities Engineering Department coordinates with the Zoning & Land Development Review Department in the review of development order applications to ensure that the requirements of this Objective are met. Therefore, this Objective should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Consideration should be given to revisions that recognize the importance of reducing GHG emissions in furtherance of HB 697. Polite Relevance: There are three (3) policies within this Objective. The Objective and policies are similar to Objective 5 and its policies within the Potable Water Sub - Element (refer to the Potable Water Section of this Report). Policy 5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development are permitted to connect to these collection lines. Under criteria, properties may be eligible for central sanitary sewer service from Collier County Utilities, or a private sector utility or independent district, within the Receiving Areas identified in the Rural Transition Water and Sewer District, depicted on the Existing and Future Sewer Service Areas map (Figure SS -2) of the Sanitary Sewer Sub - element, subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for central sanitary sewer service eligibility may include, but are not limited to, plans for development which utilize creative planning techniques such as clustering, density n blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for 7 PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Sanitary Sewer collection lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. This Policy remains relevant and contains the conditions for connection of development within the RLSA and the Rural Fringe to a central sanitary sewer system. Specifically, the Policy states that "no properties designated other than as a Town, Village, Hamlet or Compact Rural Development" (within the RLSA) are permitted to connect to a central sanitary sewer system. The Policy also states conditions for connections within the Rural Transition Water & Sewer District (i.e., the County's Rural Fringe Mixed Use District). This Policy should be revised to replace "Collier County Utilities" in the third sentence with "Collier County Water -Sewer District". CONSIDER INTRODUCING A NEW OBJECTIVE AND SUBSEQUENT POLICY OR POLICIES FOLLOWING FROM THE 2009 ADOPTION OF HB 697. [Public Comment from March IS 2010 EAR Public Meeting — Suggesting the County should study ideas to target GHG sources — beside transportation, to address a lack of energy efficient plans, to address the need to plan for sea level rise.] [Planning Commission (CCPQ Comment from August 27 2010 EAR Workshop — Suggesting that the amount of change introduced with Objectives and Policies following from the adoption of HB 697may be misplaced and consideration for any such change may serve better if consolidated to address multiple Elements or Sub - Elements at another location , and should be removed from the/ as a proposed revision.] n C. Attached Documents Analysis: Figure SS -1.1 Collier County Sewer District Boundaries This map has the same title as Figure SS -1 and is wrong. This map, and references to it in Policies, should be deleted. Figure SS -1.2 Existing and Future Sewer Service Areas This map has the same title as Figure SS -2 and is wrong. This map, and references to it in Policies, should be deleted. Figure SS -1 Collier County Sewer District Boundaries This map is referenced in multiple Policies and is wrong. The references to this map should be changed to reference "Existing and Future Sewer Service Areas " since the District Boundaries are included. Additional changes relating to RFMUD Sending Lands boundary adjustments. Figure SS -2 Existing and Future Sewer Service Areas 8 PUBLIC FACILITIES ELEMENT— SANITARYSEWER SUB - ELEMENT This map is referenced in the same Policies as Figure SS -1 and should be updated to the 2008 Wastewater Master Plan Figure 1 -1 (attached). Recommend similar maps be added for other Sewer .-� Systems overseen by the Collier County Water and Wastewater Authority. Figure SS -3 North Sewer Service Area This map is not referenced in any Objective or Policy and should be deleted. Figure SS -4 South Sewer Service Area This map is not referenced in any Objective or Policy and should be deleted. Table SS -14 Capital Improvement Projects FY 2003 -2007 This table is not referenced in any Objective or Policy and is specific to the Collier County Water - Sewer District. For those reasons, this table should be deleted. Look for the "Attached Document Analysis" items above to appear in the Capital Improvement Element as cross references, and revise or delete in manners similarly with above instructions The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of this Sub - Element from the "Sanitary Sewer" Sub - Element to the "Wastewater Treatment" Sub - Element. The new name should be reflected in all figures and tables within this Sub - Element, changing these designations from "SS" to "WT" or "WW" and in all references to these documents found throughout the Growth Management Plan. [Planning Commission (CCPQ Comment from December 7, 2010 EAR Adoption Hearing — Recognizing staff comments regarding further revisions to certain Figures associated with District boundary adjustments.] G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendments0ementsMastewater Sub -E - CSICCPC Transmittal - SaniSewer Assessment and Recommendations (30 Dec 10).docx 9 PUBLIC FACILITIES ELEMENT— SANITARY SEWER SUB - ELEMENT EAR -based GMP Amendments Potable Water Sub - Element — CCPC Transmittal Draft Goal, Objectives and Policies Public Facilities Element/Potable Water Sub - Element (PWS -E) GOALS, OBJECTIVES AND POLICIES Sub Element 10 -18 -11 [Revised text, page 2] GOAL: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1: [Rephrased to improve format as an "objective ", revised text, page 2] The County shall 1 Locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information, guidelines and procedures identified within the County's Ten -Year Water Supply Facilities Work Plan (as updated , and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.3: [Revised text, page 2] The County shall continue to identify sufficient quantities of water sources to meet the County's estimated growth- related needs. Petenfia4 = ter seufees - to -neet the County's 2025 County's The County shall seek supply from all permissible sources of raw water cited in the Lower West Coast Water Supply Plan to meet the County's needs. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.5: [Revised text, page 2] The County shall coordinate with the South Florida Water Management District in the development of the Lower West Coast Water Supply Plan, which is the primary planning document for the Collier County Water- Sewer Dist -ie Policy 1.6: [Revised text, page 2] The County shall coordinate with the South Florida Water Management District to produce future plans for water supply as described within the Water- Master- Plan TTp Lower West Coast Water Supply Plan that ensure the County's ability to maintain its stated Level of Service standard. DRAFT Words underlined are added; words stFUGk thmugh are deleted. EAR -based GMP Amendments Potable Water Sub - Element — CCPC Transmittal Draft 10 -18 -11 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2: [Rephrased to improve format as an "objective ", revised text, page 3] The -Get ty shall implement the following peheies te Make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, expand public sector potable water service utilities shaP be expan °a as necessary to provide for future growth, as provided for in the following policies. Policy 2.1: [Revised text, page 3] The Collier County Water -Sewer District and the Collier County Water and Wastewater Authority shall continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and the Water- Sewer Mrite. Ten -Year Water Facilities Work Plan to correct existing deficiencies and provide for future growth. Policy 2.2: [Revised text, page 3] Consistent with the growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District l dar-ies Existing and Future Potable Water Service Areas maps (Figure PW 1 md Figure P I !4); the ENisting- and -F4 table Ate n Water- and Sewe Di + ' t: and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non - County utility. For the purposes of this pPolicy and pPolicies 2.4, 5. 1, and 5.3, within the Rural Lands Stewardship Area Overlay, the term "central potable water facilities" includes decentralized community treatment systems. Innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this pPolicy provided that they meet all applicable regulatory criteria. DRAFT Words underlined are added; words stFUSk thmugh are deleted. 2 EAR -based GMP Amendments Potable Water Sub - Element — CCPC Transmittal Draft * ** * ** * ** * ** * ** text break * ** * ** 10 -18 -11 * ** * ** * ** Policy 2.4: [Revised text, page 4] Collier County shall permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Bowies Existing and Future Potable Water Service Area map (Figure PW -1); A4�ia the *isfing and Fu4ffe Potable A4ter Serviee AT-ea map (Figure P`A -?tee ineba es the v,,,..,, T..,, s tien Water- and Sewer- in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within the Collier County Water -Sewer District, but in which County water service is not currently available, non - County potable water supply systems shall only be allowed on an interim basis until Ge a centralized potable water supply system service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries Existing and Future Potable Water Service Area map (Figure PW 1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW -1 on an interim basis until a centralized potable water supply system is available; , an interim basis urAil G, un:ly w.,t°. is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until Geunt..water- a_centralized potable water supplerer sy tem service is available; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW -1, and outside of Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay — all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until dal a centralized potable water supplysystem service is available. Policy 2.5: [Revised text, page 5] The County shall continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 01 -73, adopted December 11, 2001, as amended. DRAFT Words underlined are added; words stFuGk-through are deleted. EAR -based GMP Amendments Potable Water Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 2.6: [Revised text, page 5] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to fmance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water - Sewer District for operation and ownership in accordance with Collier County Ordinance 01-57, added- Oeteber- 23, 2001 04 -31, adopted May 11 2004, or its latest revision, and District construction and operating policies. OBJECTIVE 3: [Revised text, page 5] Pursuant to Chapter 163.3202, F.S., including any amendments thereto, r^";°-- C,.,.fAy has impleme: ted pr—eeeuu=s te ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service LOS Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 3.1: [Revised text, page 5] The fellewing Level of SeFviee Standar-ds are he-eby and shall be used as the basis for. Review of the hister-ieal r-at4e ef r-esiderAW to 0 of the teW watef usage non residential demand indiea4ed that is Thus, 154 and the teW finished demmd nen residential. the Fesidential demapA is is 185 gped-. gepd water- The standards for levels of service (LOS) of County potable water systems both public and private, appear in Policy 1.5 • subsection "D" in the Capital Improvement Element and shall be DRAFT Words underlined are added; words st:Usk through are deleted. 4 EAR -based GMP Amendments Potable Water Sub - Element — CCPC Transmittal Draft 10 -18 -11 used as the basis for determining the availability of facility capacity and the demand generated by a development. Policy 3.2: [Revised text, page 6] In order to ensure that the Level of Serviee Stand LOS standards contained in Policy 3.1 are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 3.3: [Revised text, page 6] The revel of Semi,. Standara° LOS standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 3.4: [Revised text, page 6] The Collier County Water and Wastewater Authority will annually review historical potable water demand records and adjust the revel of SeFv ee Stand„ LOS standards contained in Policy 3.1 if so indicated by the annual review. The Collier County Water -Sewer District shall review historical potable water demand records during Collier Countv Wastewater Master Plan updates and adjust the LOS standards, as referenced in Policy 3. 1, if needed. OBJECTIVE 4: [Rephrased to improve format as an "objective ", revised text, page 6] Promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.5: [Revised text, page 6] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and be master metered by the County in accordance with Collier County Ordinance Number 04 -31, adopted MU 11, 2004. Policy 4.6: [Revised text, page 7] The County shall promote the use of 3hniques (landseaping method that emphasizes The County will encourage Florida - Friendly Landscaping to reduce the generation of yar waste, reduce water consumption, and improve water quality. Section 373.185 F S defines Florida - Friendly LandscapingTm as using_ uality landscapes that conserve water, protect the environment and, are adaptable to local conditions and drought tolerant. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words etFUGk-t#reugh are deleted. EAR -based GMP Amendments Potable Water Sub - Element — CCPC Transmittal Draft 10 -18 -11 OBJECTIVE 5: [Rephrased to improve format as an "objective ", revised text, page 7] The Geunty shall a Discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the fellewing peheies. Policy 5.1: [Revised text, page 7] The County shall discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW 1 of the Potable Water Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; er within the D 1 T `I' +°" Sub element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.4: [Revised text, page 8] Under criteria, projects may be eligible for central potable water service from Colliery Utilities, ities, „ " an existing public or private seet,..4adepen + a' tfi t -A4thin the RAtral T- Water- and Sewer- Pis4iet, depieted on the Existing and Futum Potable Water- Sen4ee Areas map D`•' 2) of 3AWer -Sub element, utili subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use Element and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Lands of the Rural Fringe Mixed Use District ( RFMUD). Criteria for potable water service eligibility may include, but are not limited to, plans for development, which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights (TDRs) from RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands are permitted to connect to the distribution lines. * ** * ** * ** * ** * ** page break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stR44hrowjh are deleted. 6 EAR -based GMP Amendments Potable Water Sub - Element — CCPC Transmittal Draft 10 -18 -11 MAP CHANGES: 1. Figure PW 1.1, Collier County Water District Boundaries • This map has the same title as Figure PW -1 and is incorrect. This map, and references to it in Policies, are to be deleted. 2. Figure PW -1.2, Existing and Future Potable Water Service Areas • This map has the same title as Figure PW -2 and is incorrect. This map, and references to it in Policies, are to be deleted. 3. Table PW -8, Capital Improvement Projects FY 2003 -2022 • This table is not referenced in any Objective or Policy and is specific to the Collier County Water -Sewer District. For those reasons, this table is to be deleted. 4. Figure PW -1, Collier County Water District Boundaries • This map is referenced in multiple Policies and is incorrect. The references to this map are to be changed to reference "Existing and Future Potable Water Service Areas" since the District Boundaries are included. This map is to be re- titled. '~ 5. Figure PW -2, Existing and Future Potable Water Service Areas • This map is referenced in the same Policies as Figure PW -1 and is to also be updated to be identical to the 2008 Water Master Plan Figure 1 -1. Similar maps are to be added for other Water Systems overseen by the Collier County Water and Wastewater Authority, where available. 6. Figure PW -3, Potable Water Treatment and Transmission Facilities • This map is not referenced in any Objective or Policy and is to be deleted. EAR - Potable Water Sub-E — CCPC Transmittal DRAFT 10 -18 -11 G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendments\Elements\Potable Water Sub-E - CSIEAR -based Amendments—CCPC Transmittal—Potable Water_1.docx n CS DRAFT Words underlined are added; words stFUGk through are deleted. 7 Assessment of the Successes & Shortcomings and Recommendations for the Public Facilities Element — Potable Water Sub - Element A. Introduction & Background: The purpose of the Potable Water Sub - Element is defined within its single Goal, which reads as follows: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. The intent of the Potable Water Sub - Element is to assure the provision of efficient and economical services that would enable the citizens of Collier County to meet their needs for a potable water supply while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, F.A.C., and Chapter 163, Florida Statutes. The provision of public facilities and services for potable water supply, stormwater management, floodplain management and flood protection, and aquifer recharge area protection and watershed management are planned in correlation with future land use projections. This Goal should be expanded to fully capture the County's goals in these areas and ensure collaboration in implementing Objectives and applying Policies. These interdepartmental colaborations should also be recognized, and strengthend if necessary, in the Conservation & Coastal Management Element (CCME) and Intergovernmental Coordination Element (ICE) of this Growth Management Plan. As currently formatted, this Sub - Element consists entirely of a single Goal, and its supporting Objectives and Policies. As part of the EAR -based amendments, Comprehensive Planning staff is recommending specific formatting changes for the Sub - Element. In addition, the Sub - Element contains a number of references to the County's Water & Sewer District. The District's official name is the "Collier County Water -Sewer District," and the Sub - Element text needs to reflect this. B. Objectives Analysis: OBJECTIVE 1: The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting — the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information, guidelines and procedures identified within the County's Ten -Year Water Supply Facilities Work Plan (as updated annually), the Collier County Water -Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. Obiective Achievement Anal Section 3.2 of this EAR contains an analysis of the Collier County Growth Management Plan, including the Potable Water Sub- Element, relative to compliance with the South Florida Water PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT Management District's (SFWMD s) Lower West Coast Water Supply Plan. Additionally, the staff of the Collier County Public Utilities Division has prepared a Ten -Year Water Supply Facilities Work Plan. This Work Plan is to be transmitted to the Florida Department of Community Affairs at the conclusion of the SFWMD s update of the Lower West Coast Water Supply Plan. Along with the Work Plan, County staff will be transmitting related amendments to the Potable Water Sub - Element and the Capital Improvement Element. Both the Work Plan and the Sub - Element are based upon the County 's adopted Water Master Plan Update. The Master Plan utilizes population projections prepared by the Collier County Comprehensive Planning Department, approved by the Florida Department of Community Affairs (DCA) and accepted by the South Florida Water Management District (SFWMD). As part of the EAR -based amendments, Objective 1 County Water Master Plan and the word "annually' Supply Facilities Work Plan. This Objective shoul "objective ". Policy Relevance: should be revised to delete the reference to the that is in parentheses after the Ten -Year Water I be rephrased to improve its formatting as an There are currently seven (7) policies within this Objective. Policy 1.1: The County shall continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. This Policy calls for the continuing expansion of the County's Aquifer Storage & Recovery (ASR) Program. This Policy remains relevant and should be rewritten not to be utility specific, but to mention those jurisdictions, generally, that have an ASR Program to expand. [Public Comment from February 23 2010 EAR Public Meeting — Suggesting that there is a concern over the potential waste of re -use water; asking if re -use water can be treated to a standard satisfactory as a drinking water source, and; observing that water should not be treated to a standard of which there is not a demand.] Policy 1.3: The County shall continue to identify sufficient quantities of water sources to meet the County's estimated growth- related needs. Potential water sources to meet the County's 2025 water demands include raw water from Hawthorn Zone 1 Aquifer (Intermediate Aquifer System) and Lower Hawthorn Aquifer (Florida Aquifer System), identified within the County's 2005 Water Master Plan. The County shall use these water sources as well as alternative sources, as permitted by the State, to meet the County's needs. This Policy requires the County to identify sufficient water supply sources to address future needs. This Sub - Element may be affected by changes to Chapter 163, Florida Statute, which were adopted into law in 2005, as follows: 2 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT n 163.3191(2)(1): The Evaluation and Appraisal Report must determine whether the local government has been successful in identifying alternative water supply projects, including conservation and reuse, needed to meet projected demand. Also, the Report must identify the degree to which the local government has implemented its 10 -year water supply workplan. This Policy remains relevant and should be retained. Reporting the County's success in identifying alternative water sources and the degree to which the 10 -year workplan has been implemented may or may not require revision of this Sub - Element to be in compliance with the above Statutory change. This Policy should be revised to delete the second sentence referring to water sources only if allowed by Statute and reword the last sentence to "The County shall seek supply from all permissible sources of raw water cited in the Lower West Coast Water Supply Plan to meet the County's needs. " [Public Comment from February 23, 2010 EAR Public Meeting — Suggesting the County should develop new tools to predict future water availability.] Policy 1.5: The County shall coordinate with the South Florida Water Management District in the development of the Water Master Plan Update, which is the primary planning document for the Collier County Water -Sewer District. This Policy requires the County to identify sufficient water supply sources to address future needs. The Water Master Plan document does not cover all areas and jurisdictions in the County and this reference should be changed. This Policy should be revised to replace "Water Master Plan Update " with "Lower West Coast Water Supply Plan " and to replace "the Collier County Water -Sewer District " with "Collier County ". Policy 1.6: The County shall coordinate with the South Florida Water Management District to produce Plans for water supply as described within the Water Master Plan Updates that ensure the County's ability to maintain its stated Level of Service standard. This Policy calls for continuation of a County program for protecting existing and potential water supply sources. Protection of existing and potential water supply sources is under the jurisdiction of the County's Pollution Control Department. This Policy should be revised to replace "Water Master Plan Updates " with "Lower West Coast Water Supply Plan ". [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources.] OBJECTIVE 2: The County shall implement the following policies to make certain that public and private sector potable water service utilities provide, repair and /or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this 3 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the following policies. Objective Achievement Analysis: Collier County's private water and wastewater utilities are regulated through the Utility & Franchise Regulation Section of the Community Development & Environmental Services (CDES) Operations Department. This agency serves as staff for the Collier County Water and Wastewater Authority. The Utility & Franchise Regulation Section is the County entity responsible for monitoring compliance with County regulations by the various private utilities located in Collier County. In addition to managing the operations of the Department and Section, the CDES Operations Director is also the Executive Director for the Water and Wastewater Authority. The Authority is the regulatory entity for the four (4) utility franchises operating in Collier County. In regulating the operations of the County 's private utilities the Authority, which is appointed by the Board of County Commissioners, exercises considerable power. They may set rates, adjust franchise boundaries, set quality of service standards and intervene in disputes between utilities and customers. The publicly owned (as opposed to privately owned) water supply system is operated by Collier County as the Collier County Water District. The District is responsible for developing, operating and maintaining all of the County 's public facilities related to potable water treatment and distribution. This Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Planning Commission (CCPQ Comment from August 27 2010 EAR Workshy — Suggesting this n language be strengthened to be fully inclusive and clear about non -County supplies and suppliers.] Policy Relevance: There are six (6) policies within this Objective. Policy 2.1: The Collier County Water -Sewer District shall continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and the Collier County Water -Sewer Master Plan to correct existing deficiencies and provide for future growth. This Policy calls for the County to continue development of a Regional Potable Water Utility System. This Policy should be deleted or rewritten to not be utility specific - - - include both Water — Sewer District and the County Water and Wastewater Authority; replace Master Plan with 10 -Year Water Supply Plan. Post -EAC Workshop comment: Reference to: County Water —Sewer Master Plan OK to read as: County 10 -Year Water Supply Plan, and not Lower West Coast Supply Plan. 4 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT Policy 2.4: Collier County shall permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1); within the Existing and Future Potable Water Service Areas map (Figure PW -2), which includes the Rural Transition Water and Sewer District; in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within the Collier County Water -Sewer District, but in which County water service is not currently available, non - County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PWA on an interim basis until a centralized potable water supply system is available; individual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW -2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW -1, and outside of Towns, Villages and those Compact Rural Developments greater than one hundred 100 acres in size within the Rural Lands Stewardship Area Overlay ( ) p y —all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. This Policy remains relevant and allows development of new or expanded potable water systems in certain portions of unincorporated Collier County. It also allows the use of individual water supply wells in areas where County or other central water supply service is unavailable. This Policy should be revised to replace "until County water service is available " with a more inclusive statement, such as, "until a centralized potable water supply system service is available". This includes mapping changes and new map information derived from the private, or smaller, providers or districts. Policy 2.5: The County shall continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 01 -73, adopted December 11, 2001. This Policy calls for the County to continue enforcing mandatory connection to a central water supply system, when such is available. This Policy should be revised to add "as amended " to the end of the last sentence. 5 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT Policy 2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water - Sewer District for operation and ownership in accordance with Collier County Ordinance 01- 57, adopted October 23, 2001, or its latest revision, and District construction and operating policies. This Policy requires Community Development Districts, or other Special Districts to connect to County water facilities when such are available. This Policy should be revised to replace "Ordinance 01 -57, adopted October 23, 2001 " with "Ordinance 04 -31, adopted May 11, 2004". OBJECTIVE 3: Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Objective Achievement Analysis: This Objective is the County's potable water concurrency provision. The Collier County Water -Sewer District achieves concurrency of its stated LOS standard. The disclosure of this achievement is reported within the periodic updates of the County's Water Master Plan. This Objective is being n achieved and it should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Add the parenthetical "(LOS)" or "(LOSS)" to allow use of acronyms in subsequent Policies. Policy Relevance: There are four (4) policies within this Objective. Policy 3.1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of the historical ratio of residential to non - residential demand indicated that approximately 17% of the total water usage is non - residential. Thus, the residential demand is 154 gpcd and the total finished water demand is 185 gpcd. 6 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT FACILITY CAPACITY FACILITY /SERVICE AREA Collier County Water -Sewer District Goodland Water District Marco Island Water District Marco Shores CITY OF NAPLES FACILITIES Unincorporated Service Area EVERGLADES CITY FACILITIES Unincorporated Service Area LEVEL OF SERVICE STANDARD 185 gpcd 185 gpcd 185 gpcd 185gpcd 185 gpcd INDEPENDENT DISTRICTS Orangetree Utilities 100gpcd Immokalee Water and Sewer District 100gpcd Florida Governmental Utilities Authority 100gpcd This Policy remains relevant and lists the Level of Service (LOS) Standards for the various Collier County potable water utilities, both public and private. This Policy should be revised to delete the second paragraph and update the Level of Service Standards, as the Collier County Water -Sewer District is now 170 gpcd. The Policy should be revised to indicate the LOS standard for Ave Maria Water and Wastewater facilities, which are inside the County. The LOSS for wastewater treatment appearing in Policy 3.1 above is one of two locations within this GMP where these standards are shown. The other location is Policy 1.5; subsection "D" in the Capital Improvement Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. This Policy will remain relevant in its reconciled format. [Planning Commission (CCPQ Comment from August 27, 2010 EAR Workshop — Supporting staff suggestion to locate Level of Service Standards in the CIE, with this Sub - Element being revised to direct readers to the CIE for this information. The CCPC also suggests considering whether water pressures and water amounts could be introduced as LOS standards. Add Ave Maria facilities to this listing.] Policy 3.2: In order to ensure that the Level of Service Standards contained in Policy 3.1 are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. This Policy remains relevant and requires that public and private utility methodologies for determining available capacity and demand must incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. This Policy should be retained essentially as written. This Policy may be revised to abbreviate "Level of Service " to "LOS". 7 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT Policy 3.3: The Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. This Policy remains relevant and states that the LOS Standards contained in Policy 1.3.1 "are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities." This Policy should be retained as written. This Policy may be revised to abbreviate "Level of Service " to "LOS ". Policy 3.4: The County will annually review historical potable water demand records and adjust the Level of Service Standards contained in Policy 3.1 if so indicated by the annual review. This Policy remains relevant and requires an annual review of potable water demand records, with adjustment of the LOS Standards, as necessary, based upon the findings of the annual review. This Policy should be revised to replace "County" with "Collier County Water and Wastewater Authority", and add a second sentence, such as the following: "The Collier County Water -Sewer District shall review historical potable water demand records during Collier County Wastewater Master Plan updates and adjust the LOS standards, as referenced in Policy 3.1, if needed " and retained as rewritten. This Policy may be revised to abbreviate "Level of Service " to "LOS ". [Planning Commission (CCPQ Comment from August 27 2010 EAR Workshop — Suggesting that changes ensure the proper identification of the responsible entities.] OBJECTIVE 4: The County shall continue to promote conservation of potable water supplies by developing n and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Objective Achievement Analysis: This Objective commits the County to the implementation of an ongoing water conservation program. This Objective is being achieved and as such, it should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are currently seven (7) policies within this Objective. The Objective and policies are similar to Objective 4 and its policies within the Sanitary Sewer Sub - Element (refer to the Sanitary Sewer Section of this Report). Policy 4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and /or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and be master metered by the County. 8 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT This Policy requires Community Development Districts, or other special infrastructure districts, to connect to the County Utility System when they irrigate using dual systems and are located within the Collier County Water -Sewer District Service Area. This Policy remains relevant and should be retained as written. SHOULD THIS POLICY PROVIDE A SPECIFIC ORDINANCE CITE? Policy 4.6: The County shall promote the use of xeriscape techniques (landscaping method that emphasizes water conservation in its use of drought resistant Iandsraaping plants) to minimize potable water use for landscape irrigation. This Policy remains relevant and requires the County to promote xeriscaping as part of its conservation program with regard to irrigation reduction. This Policy should be retained essentially as written. OBJECTIVE 5: The County shall discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Objective Achievement Analysis: This Objective seeks to discourage urban sprawl through maximization of existing public water supply utilities. Further, the Objective states that this action will be achieved through the local development review process. The Public Utilities Engineering Department coordinates with the Zoning & Land Development Review Department in the review of development order applications to ensure that the requirements of this Objective are met. This Objective is being achieved and his Objective should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Consideration should be given to revisions that recognize the importance of reducing GHG emissions in furtherance of HB 697. CONSIDER INTRODUCING A NEW OBJECTIVE AND SUBSEQUENT POLICY OR POLICIES FOLLOWING FROM THE 2009 ADOPTION OF HB 697. [Planning Commission (CCPQ Comment from August 27, 2010 EAR Workshop — Suggesting that the amount of change introduced with Objectives and Policies following from the adoption of HB 697may be misplaced and consideration for any such change may serve better if consolidated to address multiple Elements or Sub - Elements at another location , and should be removed from the/ as a proposed revision.] 9 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT C. Attached Documents Analysis: PW -1.I Collier County Water District Boundaries This map has the same title as Figure PW -1 and is wrong. This map, and references to it in Policies, should be deleted. PW -1.2 Existing and Future Potable Water Service Areas This map has the same title as Figure PW -2 and is wrong. This map, and references to it in Policies, should be deleted. Table PW -8 Capital improvement Projects FY 2003 -2022 This table is not referenced in any Objective or Policy and is specific to the Collier County Water - Sewer District. For those reasons, this table should be deleted. Figure PW -1 Collier County Water District Boundaries This map is referenced in multiple Policies and is wrong. The references to this map should be changed to reference "Existing and Future Potable Water Service Areas " since the District Boundaries are included. Additional changes relating to RFMUD Sending Lands boundary adjustments. Figure PW -2 Existing and Future Potable Water Service Areas This map is referenced in the same Policies as Figure PW -1 and should also be updated to the 2008 Water Master Plan Figure 1 -1 (attached). Recommend similar maps be added for other Water Systems overseen by the Collier County Water and Wastewater Authority. Figure PW -3 Potable Water Treatment and Transmission Facilities This map is not referenced in any Objective or Policy and should be deleted. Look for the `Attached Document Analysis" items above to appear in the Capital Improvement Element as cross references, and revise or delete in manners similarly with above instructions [Planning Commission (CCPQ Comment from December 7 2010 EAR Adoption Hearin — Recognizing staff comments regarding further revisions to certain Figures associated with District boundary adjustments.] GAMES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendments8ementsfttable Water Sub -E - CSICCPC Transmittal - PotaWater Assessment and Recommendations (30 Dec 10).docx 10 PUBLIC FACILITIES ELEMENT— POTABLE WATER SUB - ELEMENT EAR -based GMP Amendments Stormwater Management Sub - Element — CCPC Transmittal Draft 10 -18 -11 Goal, Objectives and Policies Public Facilities Element/Drainage Sub - Element (DS -E) GOALS, OBJECTIVES AND POLICIES [Revised text, page 3] GOAL: [Rephrased to improve format as a "goal", revised text, page 3] COLLIER GO NTT SHALL TO PROVIDE STORMWATER MANAGEMENT FACILITIES AND SERVICES FOR DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1 (CAPITAL FACILITY PLANNING FOR DRAINAGE SYSTEMS): [Rephrased to improve format as an "objective ", revised text, page 3] The Geun y shall " Utilize the Annual Update and Inventory Report on Public Facilities (AUIR) process to update the Drainage Adas Maps CogPly Geo ra hic Information System and Channel /Structure Inventory components of the adopted Water Management Master Plan and to verify the existing watershed basin boundaries within Collier County. The County will also verify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards. This information shall be used to program operational funds in the Annual County Budget and to identify necessary capital projects and basin studies in the Annual Capital Improvement Element U update and A amendment. * ** * ** * ** * ** * ** textbreak * ** * ** * ** * ** * ** Policy 1.2: [Revised text, page 3] County drainage system and stormwater management network capital facility planning shall be designed to implement procedures and projects in a manner to ensure that adequate stormwater management facility capacity is available at the time a development permit is issued, or that such capacity will be available when needed to serve the development. Policy 1.3: [Revised text, page 3] The County shall continue to develop public drainage facilities and stormwater management network, which maintain the groundwater table as a source of recharge for the County's potable water aquifers, provide a source of irrigation water for agricultural, horticultural and golf course operations and provide water to native vegetation. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stRsq are deleted. EAR -based GMP Amendments Stormwater Management Sub - Element — CCPC Transmittal Draft 10 -18 -11 OBJECTIVE 2: Rephrased to improve format as an "objective ", revised text, page 4] The Ceunt-y shall m.. Maintain adopted drainage level of service standards for basins and sub - basins identified in the Water Management Master Plan. Maintenance of the drainage level of service (LOS) identified for each basin will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of this Growth Management Plan. Policy 2.1: [Revised text, pages 4, 5, 6] The fellevA� levels of seFviee fer- dfaiftage are hereby adepted for- the ptffpese of issuing DRAFT Words underlined are added; words s#pjGk thmugh are deleted. 2 . . . .. . .. .. .., . DRAFT Words underlined are added; words s#pjGk thmugh are deleted. 2 EAR -based GMP Amendments Stormwater Management Sub - Element — CCPC Transmittal Draft 10 -1 8-11 13 E O O D LENEL OF SER-VIG D D E G lD 1) G D G G „� _ _• I NN N ft 102 FAI • A WUN MINNI Policy 2.1: The levels of service standards (LOSS) for drainage facilities and stormwater mana ement systems appear in Policy 1.5 • subsection "C" in the Capital Improvement Element * ** * ** * ** * ** * ** textbreak * ** * ** * ** * ** * ** OBJECTIVE 3: [Rephrased to improve format as an "objective ", revised text, page 6] The Geup' , shal l Maintain and annually update a five -year schedule of capital improvements for water management facilities in conformance with the annual review process described within the Capital Improvement Element of the Growth Management Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words s#Faskt#reugh are deleted. 3 EAR -based GMP Amendments Stormwater Management Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 3.4: [Revised text, page 6] County improvements to, and maintenance of, existing drainage facilities shall be a priority over new construction projects in the urban and estates designated areas. (e)iel Y ive Of Southern Golden Gate Estates is no longer open to development, so no facilities have priori , there). OBJECTIVE 4: [Rephrased to improve format as an "objective ", revised text, pages 6, 7] The Geu*ty shall dd Develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with the annual work program referenced in the adopted Water Management Master Plan. Policy 4.1: [Revised text, page 7] Water- management prejee4s sha4l be tmdeFtaken in aeeer-danee with the sehedule provided in t GapiW hWr-evemeat ElemefA of this Plan. These pFejeas shall be undeftaken in eeerdiaafie Y ♦llll the V Cypress Cogply capital stormwater management projects shall be undertaken in accordance with the schedule provided in the Ca ip tal Improvement Element of this Plan. These projects shall be undertaken in coordination with the Big Cypress Basin Strategic Plan. Policy 4.2: [Revised text, page 7] Collier County shall correct existing deficiencies and provide for future water management facility needs through the formulation and implementation of an annual work programs. In order to implement the annual work program, the County shall encourage the use of innovative funding mechanisms including, but not limited to special taxing or assessment districts. Policy 4.3: [Revised text, page 7] The County shall develop and maintain a stormwater management public awareness program, which will include, but not necessarily be limited to, a Collier County Stormwater Management website. The primary purpose of this program shall be to provide information regarding the County's stormwater management programs to the general public including, but not limited to, the environmental enhancements that will result from the use of total water management concepts within the existing drainage and stormwater management network. OBJECTIVE 5: [Rephrased to improve format as an "objective ", revised text, page 7] Regulate land use and development in a manner that protects the functions of natural drainage features, the stormwater management network and natural groundwater aquifer recharge areas. Implementation of this Objective will be consistent with the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan, and with relevant provisions contained within the adopted Land Development Code (Ordinance Number 2004 -41, as amended). * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stFuGk through are deleted. 4 EAR -based GMP Amendments Stormwater Management Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 5.2: [Revised text, page 7] Based upon the periodic review described in Policy 5. 1, the County shall develop any appropriate new ordinances and regulations that are necessary to ensure protection of the functions of natural drainage features, the stormwater management network and natural groundwater aquifer recharge areas. OBJECTIVE 6: [Rephrased to improve format as an "objective ", revised text, page 7] The Geunty shall p Protect the functions of natural drainage features through the application of standards that address the quality and quantity of discharge from stormwater management systems. Implementation of this Objective will be consistent with the watershed management planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. This objective is made measurable through the following policies: * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 6.2: [Revised text, page 8] Collier County's retention and detention requirements shall be the - same -as one hundred and fifty percent (150 %) of those provided in the South Florida Water Management District's Basis -ef Review Environmental Resource Permit Information Manual Volume IV 2009, as it existed at the time of project approval. Policy 6.3: [Revised text, pages 8, 9] Allowable off -site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off -site discharge rates are as follows: a. Airport Road North Sub -Basin 0.04 cfs /acre (North of Vanderbilt Beach Road) b. Airport Road South Sub -basin 0.06 cfs /acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs /acre d. Lely Canal Basin 0.06 cfs /acre e. Harvey Basin 0.055 cfs /acre f. Wiggins Pass Basin 0.13 cfs /acre g. All other areas 0.15 cfs /acre The County may exempt projects from these allowable off -site discharge rates if any of the following applies: 1. The project is exempt from allowable off -site discharge limitations pursuant to Section 40E- 400.315, FAC. 2. The project is part of an existing SFWMD permit, which allows discharge rates different than from those listed above. DRAFT Words underlined are added; words atm gh are deleted. 5 EAR -based GMP Amendments Stormwater Management Sub - Element — CCPC Transmittal Draft 10 -18 -11 n 3. It can be documented that the project currently discharges off -site at a rate higher than those listed above do. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the " SFWMD Basis of Review fer- Eiw;zemnef" Reseume Peffn Appheatiens Environmental Resource Permit Information Manual, Volume IV, 2009 ". The study shall be subject to review and approval by the County and SFWMD star The study shall include the following site - specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off -site discharge rate. EAR - Stormwater Management Sub-E — CCPC Transmittal DRAFT 10 -18 -11 G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendments\ElementsU)rainage Sub -E - CSIEAR -based Amendments_CCPC Transmittal_Drainage_1.docx n CS DRAFT Words underlined are added; words 6tA4Gk t#rgagh are deleted. 6 Assessment of the Successes & Shortcomings and Recommendations �-. for the Public Facilities Element — Drainage Sub - Element A. Introduction & Background: The purpose of the Drainage Sub - Element is defined within its single Goal, which reads as follows: COLLIER COUNTY SHALL PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. The intent of the Drainage Sub - Element is to assure the provision of drainage and flood protection facilities and services that would enable the citizens of Collier County to meet their needs for stormwater management while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, F.A.C., and Chapter 163, Florida Statutes. The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of this Sub - Element from the "Drainage" Sub - Element to the " Stormwater Management" Sub - Element. The new name should be used in all titles, headings and text within this Sub - Element, and in all references to this Sub - Element found throughout the Growth Management Plan. Note that, in one respect, there is overlap in the intended purpose of the Drainage and Natural n Groundwater Aquifer Recharge Sub - Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Sub - Element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub - Element is on groundwater protection. For an evaluation of the Natural Groundwater Aquifer Recharge Sub - Element, refer to that Section of this Report. In addition to the overlap of policies within the Drainage and Natural Groundwater Aquifer Recharge Sub - Elements, there is also an overlap between the intended purpose of the Drainage Sub - Element and Goal 2 of the Conservation & Coastal Management Element (refer to the CCME Section of this Report), including the Watershed Management Plans discussed under Objective 2.1 of the CCME. EAR -based amendments made to those sections should be reflected in this Sub - Element, as necessary. As currently formatted, this Sub - Element consists entirely of a single Goal, and its supporting Objectives and Policies. The provision of public facilities and services for stormwater management, floodplain management and flood protection, potable water supply and, aquifer recharge area protection and watershed management are planned in correlation with future land use projections. This Goal should be expanded to fully capture the County's goals in these areas and ensure collaboration in implementing Objectives and applying Policies. These interdepartmental colaborations should also be recognized, and strengthend if necessary, in the Conservation & Coastal Management Element (CCME) and Intergovernmental Coordination Element (ICE) of this Growth Management Plan. This Goal should be rephrased to improve its formatting as a "goal ". I PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT B. Objectives Analysis: OBJECTIVE 1: The County shall utilize the Annual Update and Inventory Report on Public Facilities (AUIR) process to update the Drainage Atlas Maps and Channel /Structure Inventory components of the adopted Water Management Master Plan to verify the existing watershed basin boundaries within Collier County. The County will also verify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards. This information shall be used to program operational funds in the Annual County Budget and to identify necessary capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Objective Achievement Analysis: The above Objective requires drainage projects to be included in the County's Annual Update and Inventory Report (AUIR), and thus the annual Capital Improvement Element and Schedule of Capital Improvements update. The County has been diligent in adhering to this requirement. Each year the County provides its latest AUIR to the Florida Department of Community Affairs along with its submittal of its latest adopted Capital Improvement Element. All mapping for the stormwater management system is now done in the GIS, and "Drainage Atlas Maps" are no longer utilized. This reference should be changed to identify the GIS and update its connection with the AUIR process. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". n [Public Comment from January 25, 2010 EAR Public Meeting — Suggesting the County should re- evaluate monitoring and maintenance procedures for nutrient loads /pollution/water quality.] OBJECTIVE 2: The County shall maintain adopted drainage level of service standards for basins and sub - basins identified in the Water Management Master Plan. Maintenance of the drainage level of service (LOS) identified for each basin will be implemented through the watershed management planning process identified within Goal 2 of the Conservation and Coastal Management Element of this Growth Management Plan. Objective Achievement Analysis: The purpose of this Objective and its policies is to maintain and implement the County's adopted drainage LOS standards for its established drainage basins. Implementation provisions are based in the CCME. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". 2 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT Policy Relevance: There are two (2) policies within this Objective. Policy 2.1: The following levels of service for drainage are hereby adopted for the purpose of issuing development permits. Upon completion of each associated Watershed Management Plan, the level of service will be modified, if warranted. A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinance Numbers 74 -50, 90 -10 and 2001 -27, and Land Development Code Ordinance Number 2004 -41, as amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin D Cypress Canal Basin D Harvey Canal Basin D 1 -75 Canal Basin D Green Canal Basin C Airport Road Canal South Basin D Corkscrew Canal Basin D Orange Tree Canal Basin D 951 Canal Central Basin C DISTRICT NO. 6 SYSTEM Rock Creek Basin D C-4 Canal Basin C Lely Main Canal Basin D Lely Canal Branch Basin D Lely Manor Canal Basin D Haldeman Creek Basin D Winter Park Outlet Basin D COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin D West Branch Cocohatchee River Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin D 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin D Goodlette -Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D 3 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE FAKA -UNION SYSTEM Faka -Union Canal Basin D /00—N Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin C SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D This Policy lists standards for the various identified drainage basins. The LOSS for stormwater management systems appearing in Policy 2.1 above is one of two locations within this GNP where these standards are shown. The other location is Policy 1.5; subsection "C" in the Capital Improvement Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. This Policy will remain relevant in its reconciled format. n [Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop — Supporting staff suggestion to locate Level of Service Standards in the CIE, with this Sub - Element being revised to direct readers to the CIE for this information.] [Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop — Questioning whether the use of "as amended" in this context makes this Policy self amending.] OBJECTIVE 3: The County shall maintain and annually update a five -year schedule of capital improvements for water management facilities in conformance with the annual review process described within the Capital Improvement Element of the Growth Management Plan. Objective Achievement Analysis: Like other types of capital improvements, drainage projects are included in annual updates to the Five - Year Schedule of Capital Improvements, and thus the County's Annual Budget for each fiscal year. This Objective is being achieved and should be retained, essentially as written. This Objective. should be rephrased to improve its formatting as an "objective ". Policy Relevance: 4 P UBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT There are four policies within this Objective. Policy 3.4: County improvements to, and maintenance of, existing drainage facilities shall be a priority over new construction projects in the urban and estates designated areas (exclusive of Southern Golden Gate Estates). This Policy requires that the County give major emphasis to drainage improvements in the Estates and Urban Areas, as opposed to other portions of the County. This emphasis toward these improvements is considered in the County's Annual Update and Inventory Report (AUIR). This Policy remains relevant and should be retained as written. [Planning Commission (CCPQ Comment om August 27 2010 EAR Workshop — Suggesting that the language in this Policy is ambiguous and needs revision to provide clarity and avoid an interpretation that the improvement and maintenance of existing facilities Countywide are a priority over new projects in the Estates — as this is not the case. SGGE is no longer open to development, so no facilities have priority there. ] OBJECTIVE 4: The County shall develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with the annual work program referenced in the adopted Water Management Master Plan. Objective Achievement Anal This Objective requires the County maintain its drainage work program to correct deficiencies and provide for future need. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective" such as, Develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with the annual work program referenced in the adopted Water Management Master Plan. [Public Comment from March 15. 2010 EAR Public Meeting —Suggesting that watershed management and water resource management should take a more holistic approach.] [Environmental Advisory Council (EAQ Comment from August 11 2010 EAR Workshop — Emphasizing the importance of preparing and following an annual work program.] Policv Relevance: There are three (3) policies within this Objective. Policy 4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvement Element of this Plan. These projects shall be undertaken in coordination with the Big Cypress Basin /South Florida Water Management District 5 Year Plan. This Policy requires water management projects to be undertaken in accordance with the procedures outlined within the Capital Improvements Element, and that such projects be coordinated with the Big S PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT Cypress Basin Board and the South Florida Water Management District. (It is worth noting here that, in Collier County the Big Cypress Basin Board, an arm of the South Florida Water Management District, maintains the major drainageways while Collier County maintains the tributary systems.) n This Policy remains relevant and should be retained if re- written. Post EAC Workshop comment. The Big Cypress Basin is not going to publish the 5-year plan in this format (County has been doing this since the early 1980s). Beginning this year the new document will be called Big Cypress Basin Strategic Plan 2010 -2415. Properly revise reference to the "Strategic Plan" without the date reference. Policy 4.1 County capital stormwater management projects shall be undertaken in accordance with the schedule provided in the Capital Improvement Element of this Plan. These projects shall be undertaken in coordination with the Big Cypress Basin Strategic Plan. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA), Department of Environmental Protection (DEP), and the U.S. Army Corps of Engineers (USACOE), as those among whom water resource management is coordinated — including surface water, stormwater, and water supplies for municipal services.] OBJECTIVE 5: The County shall continue to regulate land use and development in a manner that protects the functions of natural drainage features and natural groundwater aquifer recharge areas. Implementation of this Objective will be consistent with the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan, and with relevant provisions contained within the adopted Land Development Code (Ordinance Number 2004 -41, as amended). Objective Achievement Analysis: This Objective provides for the protection of natural drainage features and natural groundwater aquifer recharge areas. This Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Planning Commission (CCPQ Comment from August 27, 2010 EAR Workshop — Questioning whether the use of "as amended" in this context makes this Objective self amending.] OBJECTIVE 6: The County shall protect the functions of natural drainage features through the application of standards that address the quality and quantity of discharge from stormwater management systems. Implementation of this Objective will be consistent with the watershed management planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. This objective is made measurable through the following policies: Objective Achievement Analysis: 6 PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT This Objective seeks to protect natural drainage features through the imposition of stormwater discharge quantity and quality standards. The Objective relies on its subject policies for the definition of standards. As per Objectives 2 and 5, this Objective should be revised to reference (in general) the objectives and policies contained in Goal 2 of the CCME, and the Watershed Management Plans described under Objective 2.1 of the CCME, and to acknowledge that these portions of the CCME provide guidance for protecting the functions of the County's natural drainage features. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Public Comment from January 25, 2010 EAR Public Meeti — Suggesting that watershed management planning needs to be about more than just water — planning should take a more holistic approach.] [Public Comment from March 15, 2010 EAR Public Meeting —Suggesting that watershed management and water resource management should take a more holistic approach.] [Environmental Advisory Council (EAC) Comment from August 11 2010 EAR Workshop — Suggesting that this Objective be expanded to address additional protections of natural drainage features in roadway construction and other transportation projects, for introducing or increasing both wet and dry detention features, and for including filter, or trickle, marshes to the system.] Policy Relevance: There are three (3) policies within this Objective. Policy 6.1: Projects shall be designed and operated so that off -site discharges will meet State water quality standards, as set forth in Chapter 62- 302.300, F.A.C., as it existed at the date of project approval This Policy identifies a specific resource to address stormwater discharges to natural drainage features and requires the County to meet State water quality standards. This Policy remains relevant and should be retained as written. [Environmental Advisory Council (EAC) Comment om August 11 2010 EAR Workshop — Questioning whether any applicable Federal water quality standards may not be incorporated into State standards and would still apply, and if so, include proper reference to them.] Policy 6.2: Collier County's retention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, as it existed at the time of project approval. This Policy identifies stormwater retention/detention requirements of the appropriate Water Management District, with this document reference appearing to be out of date. This Policy also mirrors other provisions found in another Public Facilities Element Sub - Element. The Pollution Control Department implements this Policy. This Policy remains relevant and should be revised to replace "Basis for Review, dated January 2004" with "Environmental Resource Permit Information Manual, Volume IV, 2009 ". 7 PUBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT It is also noted that the County does not adhere to the same retention and detention requirements as those found in the resource identified. The interim watershed management regulations exceed the SFWMD retention and detention requirements by requiring 150% of SFWMD criteria for all developments. The SFWMD typically only requires that for projects discharging into designated Outstanding Florida Water (OFW) sources. This Policy remains relevant and should accordingly be further revised to reflect the increase in water quality treatment. This Policy conflicts with CCME Objective 2. La. which requires 150% of the SFWMD water quality treatment requirement. This is part of the Interim Watershed Standards. [Planning Commission (CCPQ Comment from August 27. 2010 EAR Workshop — Suggesting that both the CCME and this Policy properly reflect the 150% figure.] Policy 6.3: Allowable off -site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off -site discharge rates are as follows: a. Airport Road North Sub -Basin 0.04 cfs /acre (North of Vanderbilt Beach Road) b. Airport Road South Sub -basin 0.06 cfs /acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs /acre d. Lely Canal Basin 0.06 cfs /acre e. Harvey Basin 0.055 cfs /acre f. Wiggins Pass Basin 0.13 cfs /acre g. All other areas 0.15 cfs /acre The County may exempt projects from these allowable off -site discharge rates if any of the following applies: 1. The project is exempt from allowable off -site discharge limitations pursuant to Section 40E- 400.315, FAC. 2. The project is part of an existing SFWMD permit, which allows discharge rates different than those listed above. 3. It can be documented that the project currently discharges off -site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the "SFWMD Basis of Review for Environmental Resource Permit Applications ". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site - specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types 8 PUBLIC FACILITIES ELEMENT— DRAINAGE SUB - ELEMENT d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off -site discharge rate. This Policy commits the County to using the 3 -day, 25 -year storm event as a discharge rate standard. The Policy also contains a list of calculated discharge rates for identified basins and sub - basins. This Policy references discharge requirements of the appropriate Water Management District, with this document reference appearing to be out of date. This Policy also mirrors other provisions found in another Public Facilities Element Sub - Element. The Pollution Control Department implements this Policy. This Policy remains relevant and should be revised to replace "Basis for Review for Environmental Resource Permit Applications" with "Environmental Resource Permit Information Manual, Volume IV, 2009 ". [Environmental Advisory Council (EAC) Comment from August 11 2010 EAR Workshop — Suggesting that the County consider setting new limitations, or maximums for these exempt projects to provide additional protections of natural drainage features.] CONSIDER INTRODUCING A NEW OBJECTIVE AND SUBSEQUENT POLICY OR POLICIES FOLLOWING FROM THE 2009 ADOPTION OF HB 697. [Planning Commission (CCPC) Comment om August 27 2010 EAR Workshop — Suggesting that the amount of change introduced with Objectives and Policies following from the adoption of HB 697 may be misplaced and consideration for any such change may serve better if consolidated to address multiple Elements or Sub - Elements at another location , and should be removed from the/ as a proposed revision.] WCDES Planning ServiceslComprehensiveQ011 EAR -BASED GMP AMENDMENTMEAC transmittal - EAR -based GMP amendments\Matedals in 7 Dec 11 EAC PacketsT -AC Transmittal - Drainage Assessment and Reoommendations.dou 9 P UBLIC FACILITIES ELEMENT — DRAINAGE SUB - ELEMENT EAR -based GMP Amendments Solid Waste Disposal Sub - Element — CCPC Transmittal Draft Goal, Objectives and Policies Public Facilities Element /Solid Waste Sub - Element (SWS -E) GOALS, OBJECTIVES AND POLICIES STE SUB ELEMENT 10 -18 -11 [Revised text, page 2] GOAL: [Rephrased to improve format as a "goal ", revised text, page 2] TO PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSAL AND MANAGEMENT IN A MANNER TO THAT ASSURES PUBLIC HEALTH AND SAFETY AND TO PROTECTS THE AIR; WATER AND LAND ND ENVIRONMENTAL RESOURCES OF COLLIER COUNTY. IN ALL ASPECTS OF SOLID WASTE MANAGEMENT TO ADHERE TO THE FOLLOWING ENDURING GUIDING PRINCIPLES APPROVED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AT THE INTEGRATED SOLID WASTE MANAGEMENT STRATEGY WORKSHOP OF DECEMBER 2006• ENVIRONMENTAL AND GROWTH MANAGEMENT COMPLIANCE — ENVIRONMENTAL COMPLIANCE MEANS MANAGING THE IMPACTS TO THE AIR, SOIL, WATER, AND WILDLIFE AS WELL AS "QUALITY OF LIFE" IMPACTS TO THE COMMUNITY SUCH AS AESTHETICS ODOR, NOISE AND TRAFFIC AND GROWTH MANAGEMENT COMPLIANCE MEANS SATISFYING THE GROWTH MANAGEMENT REQUIREMENTS REPORTED IN THE ANNUAL UPDATE AND INVENTORY REPORT FOR BOTH LINED AND PERMITTED DISPOSAL CAPACITY; AIRSPACE PRESERVATION - AIRSPACE PRESERVATION MEANS MANAGING SOLID WASTE UPSTREAM FROM DISPOSAL AS A MEANS TO EXTEND THE REMAINING AIRSPACE (DISPOSAL) CAPACITY AT THE COLLIER COUNTY LANDFILL; OPERATIONAL EXCELLENCE - OPERATIONAL EXCELLENCE MEANS OPTIMIZING THE OPERATIONS OF OUR ASSETS SUCH AS THE COLLIER COUNTY LANDFILL AND OUR RECYCLING CENTERS AS WELL AS THE PROGRAMS ADMINISTERED BY THE PUBLIC UTILITIES DIVISION• AND BEST VALUE SERVICE - BEST VALUE SERVICE MEANS THAT THE SERVICES OFFERED IN THE COUNTY REFLECT LOCAL AND REGIONAL CONDITIONS AND THAT THE VALUE OF SERVICE IS APPROPRIATELY BALANCED WITH THE COST OF SERVICE. A COMPONENT OF BEST VALUE SERVICE IS THAT THERE IS A DIRECT CORRELATION BETWEEN THOSE THAT RECEIVE THE BENEFITS AND THOSE THAT PAY FOR THE SERVICES DRAFT Words underlined are added; Words StPJGk through are deleted. EAR -based GMP Amendments Solid Waste Disposal Sub - Element — CCPC Transmittal Draft 10 -18 -11 OBJECTIVE 1 (COLLECTION): [Rephrased to improve format as an "objective ", revised text, page 2] Collier- County shall eentinue to m Maintain a safe, dependable and efficient solid waste collection system. Present facilities meeting the current Level of Service include two (2) franchise collection areas and tie five Recycling Centers, as follows: a. Unincorporated County service area; b. hnmokalee service area; and, c. Tli,-,ee-(3) Five 5 Recycling Centers; 1. Naples Recycling Center 2. Marco Recycling Center 3. Carnestown Recycling Center 4. lmmokalee Recycling Center 5. North Collier Recycling Center Policy 1.1: [Revised text, page 2] The County shall continue to maintain and regulate commercial, multi - family and tax -bill based residential collection costs to ensure efficient and dependable service affordable to all users. The primary components of a solid waste collection assessment are: 1. Franchisee Contract 2. Tipping Fees 3. Administrative and Capital Program Costs * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.4: [Revised text, page 2] The Geua4y sha4l ensuFe publie awareness and pat4ieipatien in solid waste eelleetien issues by The Countv shall ensure public awareness and participation in solid waste recvclin2, reuse, waste reduction, household hazardous waste collection and disposal. OBJECTIVE 2 (DISPOSAL): [Rephrased to improve format as an "objective ", revised text, page 2] The GeuRt . shall ,.^„rims. to •• Utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and shall eentinu to investigate improved methods and implement practices that meet this aQbjective. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** n DRAFT Words underlined are added; words sttask-thmugh are deleted. 2 EAR -based GMP Amendments Solid Waste Disposal Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 2.4: [Revised text, page 3] By fise.,l year- 201 0, t The County shall ° a per r-et9a the pursue the acquisition of land inventory required for future solid waste operations, based upon selection of, including but not limited to, one or more of the following options in order of priority: 1. Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal). 2. Increase the permissible elevation of the Maples Collier County Landfill seas to gain a maximum permissible elevation. 3. Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. 4. Secure and utilize additional capacity at a landfill or landfills. Policy 2.5: [Revised text, page 3] The Level ,el of Se, -vice f r Solid Waste Sub Element shall be.: a. Tons of solid waste per- eapita per- > > based en the avemge of the last diFee eemplete fiseal years aeVaal lined eel! tonnage ae ivvity: The standards for levels of service (LOS) of County solid waste disposal facilities appear in Policy 1.5; subsection "F" in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.8: [Revised text, page 41 The Collier County Solid Waste Management Department shall continue to operate and maintain a hazardous waste collection facility. The facility sha4l operate five (5) days per week - an will accept household hazardous wastes. Additionally, the Department shall continue to hold special events, such as its hazardous waste collection day, at least oA ee per ye targeting residential households but -alse and allowing small businesses to participate to insure consumer demand is met. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added: words StFUGk thFoagh are deleted. 3 EAR -based GMP Amendments Solid Waste Disposal Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 2.9: (prev. 2.14) [Introduced new text provision, page 4] The County shall maintain an effective emergency storm debris cleanup plan and identify and � establish temporary debris storage and reduction sites Policy 2.10: (prev. 2.18) [Introduced new text provision, page 4] The County shall pursue State and Federal grants for and participate in feasibility projects for the investigation and development of improved techniques for waste collection recycling, transfer and solid waste management consistent with the Enduring Guiding Principles. Policy 2.11: (prev. 2.24) [Introduced new text provision, page 4] The County shall evaluate options to beneficially ecycle plastic agricultural film Policy 2.12: (prev. 2.25) [Introduced new text provision, page 4] The County shall assess the feasibility of expanding the Immokalee Transfer Station or developing a new facility to serve the Immokalee area, to become a full service recycling and reuse center equipped with such options as household hazardous waste processing, reuse vegetative and yard waste drop -off, processing and composting white goods drop -off, e -waste drop -off, furniture and construction & demolition debris (C &D) resale store etc Policy 2.13: (prev. 2.28) [Introduced new text provision, page 4] The County will work with local institutions schools government buildings or churches to initiate programs for solid waste reduction reuse and recycling for their communities Policy 2.14: (prev. 2.30) [Introduced new text provision, page 4] The County will encourage the construction of Green Buildings (or Sustainable Buildings). Relative to solid waste management this includes: • Recycled Content: Products with identifiable recycled content including_ postindustrial content with a preference for post consumer content • Salvaged, refurbished, or remanufactured: Includes saving a material from disposal and renovating, repairing, restoring or eg nerally im roving appearance performance quality, functionality, or value of a product. • Reusable or recyclable: Select materials that can be easily dismantled and reused or recycled at the end of their useful life. • Recycled or recyclable product packaging: Products enclosed in recycled content or recyclable ap ckaging. • Durable: Materials that are longer lasting or are comparable to conventional products with long life expectancies. OBJECTIVE 3 (RECYCLE AND RECOVERY): [Rephrased to improve format as an "objective ", revised text, page 4] The Collier County Solid Waste -fie-' Ft '' ll eopAinae- m Maintain and update the Integrated Solid Waste luster Management Strate is Plan as directed by the Board of County Commissioners. DRAFT Words underlined are added; words stFUskthrough are deleted. EAR -based GMP Amendments Solid Waste Disposal Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 3.1: [Revised text, page 4] The Collier County Solid Waste Management Department shall continue to maintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintaining and enhancing the current countywide residential recycling programs. b. Maintaining and enhancing the current ECounty -wide multi - family residential recycling program. c. Maintaining and enhancing the ECounty -wide commercial business recycling programs. d. Maintaining and enhancing the curb -side separation of material into recyclable categories to be received at the material recovery facilities. e. Continuing to explore additional measures for waste reduction. Policy 3.2: [Revised text, page 4] The County shall continue investigation and implementation of cost - saving measures for County disposal operations. The County shall evaluate other measures, including landfill mining, as new technologies and practices emerge. b eel Vefati * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 3.4: [Revised text, page 5] The County will encourage Florida - Friendly Landscaping' to reduce the generation of yard waste, reduce water consumption and improve water quality. Section 373.185, F S defines Florida - Friendly LandscapingTM as using Quality landscapes that conserve water, protect the environment and, are adaptable to local conditions and drought tolerant Policy 3.5: [Introduced new text provision, page 5] The County shall develop and implement innovative programs to reduce re use and recycle solid waste to meet the 2020 Florida Department of Environmental Protection (FDEP) seven five percent (75 %) Recycling Rate pursuant to Chapter 403 7032 FS EAR -Solid Waste Disposal Sub -E — CCPC Transmittal DRAFT 10 -18 -11 G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal -EAR-based GMP amendmentslElements\Solid Waste Sub-E - CSIEAR -based Amendments —CCPC Transmittal —Solid Waste- 1.docx CS DRAFT Words underlined are added; words strGGk -t are deleted. 5 Assessment of the Successes & Shortcomings and Recommendations for the Public Facilities Element — Solid Waste Sub - Element A. Introduction & Background: The purpose of the Solid Waste Sub - Element is defined within its single Goal, which reads as follows: PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE MANAGEMENT IN A MANNER TO ASSURE PUBLIC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. The intent of the Solid Waste Sub - Element is to assure the provision of efficient and economical services that would enable the citizens of Collier County to meet their needs for solid waste collection and disposal while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, F.A.C., and Chapter 163, Florida Statutes. The provision of public facilities and services for solid waste management is planned in correlation with future land use projections. The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of this Sub - Element from the "Solid Waste" Sub - Element to the "Solid Waste Disposal" Sub - Element. The new name should be used in all titles, headings and text within this Sub - Element, and in all references to this Sub - Element found throughout the Growth Management Plan. The original intent of the Solid Waste Sub - Element was to assure the provision of efficient and economical services that would enable the citizens of Collier County to meet their needs for solid waste management while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, FA. C., and Chapter 163, Florida Statutes. The Goal should be revised to replace "air, water and land" with "environmental resources " and to add another statement, such as the following: "In all aspects of solid waste management, adhere to the following Enduring Guiding Principles approved by the Collier County Board of County Commissioners at the Integrated Solid Waste Management Strategy Workshop on December 5, 2006. Environmental and Growth Management Compliance — Environmental Compliance means managing the impacts to the air, soil, water, and wildlife as well as "quality of life" impacts to the community such as aesthetics, odor, noise, and traffic and Growth Management Compliance means satisfying the growth management requirements reported in the Annual Update and Inventory Report for both lined and permitted disposal capacity; Airspace Preservation - Airspace Preservation means managing solid waste upstream from disposal as a means to extend the remaining airspace (disposal) capacity at the Collier County Landfill; 1 PUBLIC FACILITIES ELEMENT— SOLID WASTE SUB - ELEMENT Operational Excellence - Operational Excellence means optimizing the operations of our assets such as the Collier County Landfill and our Recycling Centers as well as the programs administered by the Public Utilities Division; and n Best Value Service - Best Value Service means that the services offered in the County reflect local and regional conditions and that the value of service is appropriately balanced with the cost of service. A component of Best Value Service is that there is a direct correlation between those that receive the benefits and those that pay for the services. " This Goal should also be rephrased to improve its formatting as a "goal ". B. Objectives Achievement Analysis: OBJECTIVE 1: (COLLECTION) Collier County shall continue to maintain a safe, dependable and efficient solid waste collection system. Present facilities meeting — the current Level of Service include two (2) franchise collection areas and three Recycling Centers, as follows: a. Unincorporated County service area; b. Immokalee service area; c. Three (3) Recycling Centers; 1. Naples Recycling Center 2. Marco Recycling Center 3. Carnestown Recycling Center Objective Achievement Analysis: This Objective is being achieved and should be retained, essentially as written. This Objective should be revised to add the Immokalee Recycling Center as number four and replace "three Recycling Centers " with 'four Recycling Centers ", and rephrased to improve its formatting as an "objective ". Policy Relevance: There are four (4) policies within this Objective: Policy 1.1: The County shall continue to maintain and regulate commercial, multi - family and tax -bill based residential collection costs to ensure efficient and dependable service affordable to all users. This Policy the County to continue to maintain and regulate collection costs to ensure efficient and dependable service that is affordable to all users. This Policy remains relevant and should be revised to add an entry, such as the following: "The primary components of a solid waste collection assessment are. 1. Franchisee Contract 2. Tipping Fees 3. Administrative and Capital Program Costs" 2 PUBLIC FACILITIES ELEMENT— SOLID WASTE SUB - ELEMENT Policy 1.2: The County shall retain its mandatory collection Ordinance Number 2005 -54, as amended, and the mandatory commercial recycling Ordinance Number 2004 -50, as amended. This Policy calls for the maintenance of the County's mandatory collection ordinance. This policy remains relevant and should be retained as written. [Planning Commission (CCPC) Comment from August 27 2010 EAR Workshop — Questioning whether the use of "as amended" in this context makes this Policy self amending.] Policy 1.4: The County shall ensure public awareness and participation in solid waste collection issues by addressing such issues in duly noticed public meetings. This Policy requires that all solid waste management issues be addressed at advertised public meetings. This Policy should be revised to read, such as, "The County shall ensure public awareness and participation in solid waste recycling, reuse, waste reduction, household hazardous waste collection and disposal by addressing such issues in duly noticed public meetings and by advertising recycling, reuse, collection, and disposal strategies and tips by such media as local newspapers, flyers, magnets and TV and radio commercials. " [Planning Commission (CCPC) Comment from August 27 2010 EAR Workshy — Suggesting that the amount of specificity introduced with "and tips by such media as local newspapers, flyers, magnets and TV and radio commercials" is unnecessary in a comprehensive plan document and should be removed from the proposed revision.] OBJECTIVE 2: (DISPOSAL) Collier County shall continue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and shall continue to investigate improved methods and implement practices that meet this objective. Objective Achievement Analysis: A review of the policies associated with this Objective reveals that it is primarily concerned with the environmental impact of County landfills. However, it also contains a policy that references the County's Solid Waste Level of Service (LOS). The Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are eight (8) policies within this Objective: 3 PUBLIC FACILITIES ELEMENT— SOLID WASTE SUB - ELEMENT Policy 2.1: The County shall continue to monitor groundwater as required by the regulatory permit conditions for the operation of the landfill and in compliance with State and Federal rules and n regulations. This Policy requires that groundwater wells be monitored. This policy remains relevant and should be revised to add entries, such as the following, at the end.• and pursuant to the Section Z. 7 of Landfill Operations Agreement with Waste Management Inc. of Florida. Dedicated ground water monitoring wells are located within the County's landfills and are monitored for potential groundwater contamination in accordance with the State of Florida Permit Conditions. " [Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop — Suggesting that the staff-proposed change is not necessary.] Policy 2.2: The County shall continue to maintain leachate and gas management systems at County landfills in order to comply with permit conditions. This Policy calls for leachate and gas management systems to be installed at County landfills, as needed. Both County landfills currently have such systems in operation. This Policy remains relevant and should be revised to add a statement, such as the following, at the end: "Pursuant to the Landfill Operation Agreement with Waste Management, Inc. of Florida (WMIF), Section Z.9 Gas Management System, WMIF shall maintain, revise and upgrade the system as needed to comply with permit conditions and Standard Levels of Service for the industry. " [Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop — Suggesting that the staff-proposed change is not necessary.] Policy 2.4: By fiscal year 2010, the County shall acquire and/or retain the land inventory required for future solid waste operations, based upon selection of, including but not limited to, one or more of the following options in order of priority: 1. Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal). 2. Increase the maximum permissible elevation of the Naples Landfill so as to gain additional airspace capacity. 3. Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. 4. Secure and utilize additional capacity at a landfill or landfills. This Policy requires the County to maintain sufficient land inventory for future landfills. The County's adopted LOS for landfill capacity (as referenced in the Capital Improvement Element) is "10 years of permittable capacity at average disposal rate /previous five (5) years." This Policy should be revised to replace "By fiscal year 2010, the County shall acquire and/or retain the " with a statement, such as, 4 PUBLIC FACILITIES ELEMENT— SOLID WASTE SUB - ELEMENT "The County shall pursue the acquisition of' and replace "Naples Landfill" with "Collier County Landfill to a maximum elevation of 200 feet above grade ". [Planning Commission (CCPC) Comment from August 27 2010 EAR Workshop — Suggesting that the amount of specificity introduced with "a maximum elevation of 200 feet above grade " is unnecessary and should be replaced in the proposed revision with "a maximum permissible elevation ".] Policy 2.5: The Level of Service for Solid Waste Sub - Element shall be: a. Tons of solid waste per capita per year, used to determine landfill disposal capacity, is based on the average of the last three complete fiscal years actual lined cell tonnage activity. b. Two (2) years of constructed lined landfill cell capacity at the disposal rate calculated per 2.5.a. c. Ten (10) years of permittable landfill capacity at the disposal rate calculated per 2.5.a. The LOSS for solid waste disposal appearing in Policy 2.5 above is one of two locations within this GMP where these standards are shown. The other location is Policy 1.5; subsection "I"' in the Capital Improvement Element. This dualism may be a simple matter of unnecessary redundancy, except that the two Policies are not the same. These differences should be reconciled and a single location selected for these LOSS to appear. If it is decided to show the LOSS in both locations, then the CIE could be formatted to provide the LOS Standards, while the Sub - Element entries could elaborate on the figures. This Policy will remain relevant in its reconciled format. [Planning Commission (CCPC) Comment from August 27 2010 EAR Workshop — Supporting staff suggestion to locate Level of Service Standards in the CIE, with this Sub - Element being revised to direct readers to the CIE for this information.] Policy 2.8: The Collier County Solid Waste Department shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household hazardous wastes. Additionally, the Department shall continue to hold its hazardous waste collection day at least twice per year targeting residential households but also allowing small businesses to participate. This Policy commits the County to holding at least one hazardous waste collection day (amnesty day) per year. This Policy remains relevant and should be retained as written, with consideration given to the suggestion that there is no need for this level of specificity. New Policies, such as retaining six (6) of the twenty -two (22) previously suggested should be added under Obiective 2: Policy 2.14: The County shall maintain an effective emergency storm debris cleanup plan, and identify and establish temporary debris storage and reduction sites. Policy 218: S PUBLIC FACILITIES ELEMENT— SOLID WASTE SUB - ELEMENT The County shall pursue State and Federal grants for, and participate in, feasibility projects for the investigation and development of improved techniques for waste collection, recycling, transfer and solid waste management consistent with the Enduring Guiding Principles. n Policy 224: The County shall evaluate options to beneficially recycle plastic agricultural film. Policy 2.25: The County shall assess the feasibility of expanding the Immokalee Transfer Station, or developing a new facility to serve the Immokalee area, to become a full service recycling and reuse center equipped with such options as household hazardous waste processing, paint reuse, vegetative and yard waste drop -off, processing and composting, white goods drop -off, a -waste drop -off, furniture and construction & demolition debris (C &D), resale store, etc. Policy 2.28: The County will work with local institutions, schools, government buildings, or churches, to initiate programs for solid waste reduction, reuse, and recycling for their communities. Policy 2.30: The County will encourage the construction of Green Buildings (or Sustainable Buildings). Relative to solid waste management, this includes: • Recycled Content: Products with identifiable recycled content, including postindustrial content with a preference for post consumer content. • Salvaged, refurbished, or remanufactured. Includes saving a material from disposal and renovating, repairing, restoring, or generally improving the appearance, performance, quality, functionality, or value of a product. n • Reusable or recyclable: Select materials that can be easily dismantled and reused or recycled at the end of their useful life. • Recycled or recyclable product packaging: Products enclosed in recycled content or recyclable packaging. • Durable: Materials that are longer lasting or are comparable to conventional products with long life expectancies. [Planning Commission (CCPQ Comment from August 27, 2010 EAR Workshop - Suggesting that only Policies 2.14, 2.18, 2.24, 2.25, 2.28 and 2.30 are irredundant with existing Policies, and that the others should be removed from the proposed revision. j OBJECTIVE 3: (RECYCLE AND RECOVERY) The Collier County Solid Waste Department shall continue to maintain and update the Integrated Solid Waste Management Strategic Plan as directed by the Board of County Commissioners. Objective Achievement Anal The County's Solid Waste Management Department maintains the County's solid waste disposal activities in accordance with an Integrated Solid Waste Management Strategic Plan that includes Short, Intermediate, and Long Term Measures. The County recommends that this Objective be modified to reflect the "Integrated Solid Waste Management Strategic Plan," instead of the "Solid Waste Master 101-N, 6 PUBLIC FACILITIES ELEMENT- SOLID WASTE SUB - ELEMENT Plan." Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are three (3) policies within this Objective. Policy 3.2: The County shall continue investigation and implementation of cost - saving measures for County disposal operations. The County shall evaluate other measures, including landfill mining, as new technologies and practices emerge. (Currently, a methane gas collection program is in operation.) This Policy requires the County to "continue investigation of cost - saving methods for landfills." The policy remains relevant and should be revised to delete "(Currently, a methane gas collection program is in operation) " Two Policies, such as the following should be added under Objective 3: Policy 3.4: The County will encourage xeriscape landscaping (or Sustainable Landscaping) to reduce the generation of yard waste and reduce water consumption. In practice, xeriscaping means simply landscaping with slow growing, drought tolerant plants to conserve water and reduce yard waste. COULD BE MOVED TO UNDER 3.1, ABOVE. ^ Policy 3.5: The County shall develop and implement innovative programs to reduce, re -use and recycle solid waste to meet the 2020 FDEP 75% Recycling Rate pursuant to FS Chapter 403.7032. This new policy follows the recent adoption of the referenced Statute. CONSIDER INTRODUCING A NEW OBJECTIVE AND SUBSEQUENT POLICY OR POLICIES FOLLOWING FROM THE 2009 ADOPTION OF HB 697. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting the County should study ideas to target GHG sources — beside transportation, to address a lack of energy efficient plans, to address the need to plan for sea level rise.] [Planning Commission (CCPQ Comment from August 27 2010 EAR Workshop — Suggesting that the amount of change introduced with Objectives and Policies following from the adoption of HB 697may be misplaced and consideration for any such change may serve better if consolidated to address multiple Elements or Sub - Elements at another location, and should be removed from the /as a proposed revision.] G:ICDES Planning ServiceslComprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendmentslElements\Solid Waste Sub-E - CSICCPC Transmittal - Solid Waste Assessment and Recommendations (30 Dec 10).docx PUBLIC FACILITIES ELEMENT— SOLID WASTE SUB - ELEMENT EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element — CCPC Transmittal Draft 10 -18 -11 Goal, Objectives and Policies Public Facilities Element/Natural Groundwater Aquifer Recharge Sub - Element (NGWAR) GOALS, OBJECTIVES AND POLICIES [Revised text, page 1 ] — TT T� A r (' RO TA DAD A TAD AqUWER RECHARGE S B ELEMENT * ENT GOAL: [Rephrased to improve format as a "goal", revised text, page 1 ] T17 rTTV eu A r r TO IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND /OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE 1 (MAPPING AND DELINEATION OF RECHARGE AREAS): [Rephrased to improve format as an "objective ", revised text, page 1 ] The County shall eefAi ue to Review every two three years, and revise as necessary, existing map delineations of County potable water wellfields that are most sensitive to contamination from nearby land development and other surface activities. The biefmial three -year review and any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anthropogenic contaminant data aggregated since the previous revision. Policy 1.1: [Revised text, page I] The County shall revise and update its 3- dimensional computer models of ground wa4e- groundwater flow around public water supply wellfields, as additional data (e.g., withdrawal ^ rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. U. [Unchanged text, page 1 ] The Counly shall idenfif�, these Geun4y potable water- welffields, or- pef4iens of , eaused by adjaeent or- near-by land uses, drainage > > This information shall be revised and tipdated as neeessar-yr Policy 1.3: [Revised text, page I] The County shall maintain and update data on existing land uses and land use activities that possess the greatest potential for gr-e ,n water- groundwater contamination. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.5: [Revised text, page I] This Sub - Element shall incorporate by reference annual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as described in the South Florida Water Management District's , 2000 (and seheduled te be published in 2006) _Lower West Coast Water Supply Plan as amended. DRAFT Words underlined are added; words straskt►reU9h are deleted. EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element — CCPC Transmittal Draft 10 -18-11 OBJECTIVE 2 (PROTECTION OF GROUNDWATER QUALITY): [Rephrased to improve format as an "objective ", revised text, page 1 ] Gfound wa4e~ °•• ity shall mee " Protect groundwater from pollutant discharges that may cause exceedance of applicable Federal and State water quality standards. Policy 2.0.1: The County shall protect natural aquifer recharge areas to ensure the highest water quality practical toward meeting applicable Federal and State water quality standards for groundwater. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.2: [Revised text, page 2] Non - agricultural developments requiring an Environmental Resources Permit from the South Florida Water Management District ( SFWMD) shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's Basis f r- Re i °-• dated ianuafy 2004 Environmental Resource Permit Information Manual, Volume IV. 2009. Groundwater recharge shall also be protected through the application of the retention/detention requirements and allowable off -site discharge rates for non - agricultural developments specified in Policies 6.2 and 6.3 in the Drainage Stormwater Management Sub - Element. Policy 2.3: [Revised text, page 2] The County standards for protecting the quality of gr-etm .. a4er- groundwater recharge within the wellhead protection areas identified in the Future Land Use Element (FLUE) shall be those provided in Policy 3. 1.1 of the Conservation and Coastal Management Element. Policy 2.4: [Revised text, page 2] Collier County shall evaluate the necessity for adopting more stringent gr-euad watef groundwater recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. OBJECTIVE 3 (GROUNDWATER QUALITY MONITORING): [Rephrased to improve format as an "objective ", revised text, page 2] The Count y shall eenfi ue to ° Collect and evaluate groundwater quality data, identifying ambient water quality values and trends, comparing analyzed concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Policy 3.1: [Revised text, page 3] The County shall continue its existing water quality monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's �ground water groundwater protection program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words strask thFough are deleted. 2 EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element— CCPC Transmittal Draft 10 -18 -11 golie3` ., [Unchanged text, page 2] The County will annually assess its groundwater- qualit�, monitoring data te deteEnline whether- •_tiyities and Geunty Ordinanees aftsion, Medifreatien or- TCduetinn •;1.=1.;1;+x, will inelude the caccrvoiacii Gate Estate area. Policy 3.4: [Revised text, page 3] The County shall continually gather and evaluate appropriate data for the purpose of refining and improving the groundwater quality monitoring database used in the County's 3- dimensional groundwater groundwater model. Policy 3.5: [Revised text, page 3] Collier County shall continue to conduct water resource planning with appropriate County, City of Naples, and SFWMD staff to provide for ground wale- groundwater resource development, utilization, and conservation. �+s • =.:11 in elude +t,eteldea Gate Estates­efea-. OBJECTIVE: 4 (PUBLIC EDUCATION WITH REGARD TO GROUNDWATER PROTECTION ISSUES): [Rephrased to improve format as an "objective ", revised text, page 3] The County shall eentinue euffent aefivities of ng Provide the public with educational materials concerning ground wale- groundwater protection issues in Collier County. These may materials include, but shall not be are not limited to, the preparation of annual technical publications of groundwater quality data, an informational website for groundwater quality issues, general information publications, establishment of a speakers' bureau, K -12 classroom presentations, and in- service teacher workshops and seminars. Policy 4.1: [Revised text, page 3] The County shall continue to advise the public on the appropriate disposal methods for hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task, the County may utilize the public educational measures listed within Objective 4 of this Sub - Element, or any other measures which may be appropriate. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 5 (PROTECTION OF GRW4CAL RECHARGE AREAS AND GROUNDWATER RESOURCES): [Rephrased to improve format as an "objective ", revised text, page 3] The County shall impleme Continue implementing plans to preserve groundwater recharge areas and ground watef groundwater resources, and along with reviewii , evaluateing, and reviseing (if warranted) those plans and actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data. Policy 5.1: [Revised text, page 3] The County shall develop, and continually update, technical criteria for determining those recharge areas, which are critical to the County's long -term greeffidatef groundwater needs. DRAFT Words underlined are added; words stfask- through are deleted. 3 EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element — CCPC Transmittal Draft 10 -18 -11 Policy 5.2: [Revised text, page 3] The County shall continue to identify er-itieal recharge areas and appropriate protective mechanisms. Policy 5.3: [Revised text, page 3] The County shall continue to identify costs, funding mechanisms and private property rights issues associated with the protection of e-rifieal recharge areas. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.5: [Revised text, page 4] Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility shall eperate- five (5) days der- week- -and will accept household and small business hazardous wastes. Additionally, the County shall continue to hold special events, such as its hazardous waste collection day, at least y:viee per- ye targeting residential households but and allowing small businesses to participate to insure consumer demand is met. * ** * ** * ** * ** * ** page break * ** * ** * ** * ** * ** MAP CHANGES: 1. Map 1, Groundwater Recharge to the Surficial A uq ifer This map is to be updated. n 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer • This map is to be updated. EAR -NGWAR Sub-E — CCPC Transmittal Hearing DRAFT 10 -18 -11 GAMES Planning Servioes\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendmentslElements\NGWAR - CSIEAR -based Amendments—CCPC Transmittal_NGWAR -1.dou CS DRAFT Words underlined are added; words stfUsY through are deleted. 4 Assessment of the Successes & Shortcomings and Recommendations for the Public Facilities Element— Natural Groundwater Aquifer Recharge Sub - Element A. Introduction & Background: The purpose of the Natural Groundwater Aquifer Recharge Sub - Element is defined within its single Goal, which reads as follows: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND /OR CONTAMINATE THE QUALITY OF GROUNDWATER. The intent of the Natural Groundwater Aquifer Recharge Sub - Element is to assure the provision of efficient and economical services that would enable the citizens of Collier County to meet their needs for the protection of groundwater recharge areas while also assuring public health and safety in accordance with the criteria set forth in Rule 9J -5, F.A.C., and Chapter 163, Florida Statutes. The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008 included the initial step toward re- naming of the "Drainage" Sub - Element to the "Stormwater Management" Sub - Element. The new name should be used in all references to that Sub - Element found in this Sub - Element and throughout the Growth Management Plan. Note that, in one respect, there is overlap in the intended purpose of the Natural Groundwater Aquifer Recharge and Drainage Sub - Elements: both seek to protect aquifer recharge areas. However, the .-� emphasis of the Natural Groundwater Aquifer Recharge Sub - Element is on groundwater protection, whereas the emphasis of the Drainage Sub - Element is on surface water protection. For an evaluation of the Drainage Sub - Element, refer to the Drainage Section of this Report. In addition to the overlap of policies within the Natural Groundwater Aquifer Recharge and Drainage Sub - Elements, there is also an overlap between the intended purpose of the Natural Groundwater Aquifer Recharge Sub - Element and Goal 2 of the Conservation & Coastal Management Element (refer to the CCME Section of this Report), including the Watershed Management Plans discussed under Objective 2.1 of the CCME. EAR -based amendments made to those sections should be reflected in this Sub - Element, as necessary. As currently formatted, this Sub - Element consists entirely of a single Goal, and its supporting Objectives and Policies. The provision of public facilities and services for aquifer recharge area protection and watershed management, floodplain management and flood protection, potable water supply, and stonnwater management are planned in correlation with future land use projections. This Goal should be expanded to fully capture the County's goals in these areas and ensure colaboration in implementing Objectives and applying Policies. These interdepartmental colaborations should also be recognized, and strengthend if necessary, in the Conservation & Coastal Management Element (CCME) and Intergovernmental Coordination Element (ICE) of this Growth Management Plan. This Goal should be rephrased to improve its formatting as a "goal ". PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT fPublic Comment from March 15, 2010 EAR Public Meeting —Questioning the status of and adherence to the Comprehensive Watershed Management Plan and the Comprehensive Water Resource Management Plan; another, suggesting that watershed management and water resource management n should take a more holistic approach.] B. Objectives Analysis: General Anal The Sub - Element Objectives and Policies are implemented primarily by the Collier County Pollution Control & Prevention Department. The Objectives and Policies speak generically about groundwater protection and the identification andprotection of aquifer recharge areas. However, virtually all of the Department's work is related to County potable water wellfelds (>100,000 GPD design) in accordance with Land Development Code Section 3.06. 00 — Groundwater Protection. OBJECTIVE 1 (MAPPING AND DELINEATION OF RECHARGE AREAS): The County shall continue to review every two years, and revise as necessary, existing map delineations of County potable water welifields that are most sensitive to contamination from nearby land development and other surface activities. The biennial review and any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anthropogenic contaminant data aggregated since the previous revision. Objective Achievement Analysis: Currently, Collier County 's Pollution Control and Prevention Department uses an advanced 3- dimensional computer model to calculate Wellfield Risk Management Zones around significantly sized n existing and planned potable water welifields ( >100,000 GPD design). These Wellfield Risk Management Zones, in the form of maps, are adopted into the County 's Land Development Code 3.06. 00 Groundwater Protection and placed on the County 's Zoning Maps for County planners to use when regulating land development with the intent ofprotecting potable water welifields from pollution sources. This Objective should be revised to replace "review every two years" with "review every three years" and "The biennial review " with "The three year review ". The proposed amendments for Objective 1 provides adequate time (3 years) for the development of the proposed Wellfield Risk Management Zones, adoption of the proposed Wellfield Risk Management Zones into Collier County 's Growth Management Plan's Future Land Use Element (Maps), and adoption of the proposed Wellfield Risk Management Zones into Collier County 's Land Development Code, Section 3.06 "Ground Water Protection. " The two years that are presently allotted have been found to be insufficient to complete this objective. The recommended language amendment will provide sufficient time (3 years) to complete this objective. Based on the above, this Objective is being achieved and should be retained, essentially as rewritten. This Objective should be rephrased to improve its formatting as an "objective ". 2 PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources.] Policy Relevance: There are five (5) policies within this Objective. Policy 1.1: The County shall revise and update its 3- dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. This Policy requires that groundwater flow around wellfield modeling be revised, as pertinent data is made available. The Pollution Control Department implements this Policy. There is one recommended change. The term `ground water" should be replaced by "groundwater" in this Policy, and throughout the remainder of this Sub - Element and entire GMP wherever informally used [not in title of formal document]. This Policy remains relevant and should be retained as revised. Policy 1.2: The County shall identify those County potable water wellfields, or portions of wellfields, which are susceptible to contamination, caused by adjacent or nearby land uses, drainage patterns, geomorphic conditions, soil properties, and /or hydrogeologic factors, including the presence or absence of confining units. This information shall be revised and updated as necessary. This Policy requires that the identification of wellfields susceptible to contamination be revised, as .-� pertinent updates are made available. The Pollution Control Department implements this Policy. There are no recommended changes. This Policy remains relevant and should be retained as written. [Environmental Advisory Council (EAQ Comment from August 11 2010 EAR Workshop —Suggesting that potable water wellfield identification include locations in the greater Immokalee area.] Policy 1.3: The County shall maintain and update data on existing land uses and land use activities that possess the greatest potential for ground water contamination. This Policy requires the County to monitor land uses and land use activities to gauge their potential to contaminate groundwater. The Pollution Control Department implements this Policy. There are no recommended changes. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and responsibility for monitoring and maintaining our water resources.] Policy 1.6: This Sub - Element shall incorporate by reference annual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as described in the South Florida Water Management District's official publications dated April, 2000 (and scheduled to be published in 2006). 3 PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT This Policy requires the County to reference a South Florida Water Management District publication to keep current its computer model. A general reference to a 2006 publication however, potentially limits the County's ability to keep this data current in future years as subsequent editions are published. The Pollution Control Department implements this Policy. The "official publications" incorporated by reference are the District's Lower West Coast Water Supply Plans. A version was first published in 2000 in three parts: a Planning Document, a Support Document and the Appendices Document. There was an update in the 2005 -2006 timeframe — also published in multiple parts. There is an update ongoing that may be completed in the 2010 -2011 timeframe. This Policy remains otherwise relevant and should be retained and revised to identify the specific SFWMD publication or publications being incorporated by reference into this Sub - Element, such as, This Sub - Element shall incorporate by reference annual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as described in the South Florida Water Management District's Lower West Coast Water Supply Plan, as amended. [Environmental Advisory Council (EAC) Comment from August 11 2010 EAR Workshop — Questioning whether the County department involved with preparing and utilizing this publication should be identified by this Policy.] [Planning Commission (CCPC) Comment from August 27 2010 EAR Workshy — Questioning whether the use of "as amended" in this context would make this Policy self amending.] OBJECTIVE 2 (PROTECTION OF GROUNDWATER QUALITY): Ground water quality shall meet all applicable Federal and State water quality standards. n Objective Achievement Analysis: This Objective seeks to protect natural groundwater aquifer recharge features through the imposition of quantity and quality standards. Collier County has implemented numerous proactive programs designed to protect Collier County 's groundwater quality from man -made pollution sources and hence remain compliant with this Objective. In addition, Collier County has also developed programs designed to respond to pollution releases into the environment and to monitor their satisfactory cleanup. Finally, the Collier County Pollution Control & Prevention Department has developed strong working relationships with the Florida Department of Environmental Protection, Collier County Environmental Health and Engineering Department, South Florida Water Management District, Big Cypress Basin Board and the Florida Department of Agriculture and Consumer Services that enhance the County 's ability to effectively coordinate efforts to meet this Objective. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective" such as, Protect natural aquifer recharge areas to ensure the highest water quality practical toward meeting applicable Federal and State water quality standards for ground water, or, Protect groundwater 4 PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT from pollutant discharges that may cause exceedance of applicable Federal and State water quality standards; followed by a "policy ", such as: Policy 2.0.1: The County shall protect groundwater from pollutant discharges that might cause exceedance of applicable Federal and State water quality standards. [Public Comment from March 15, 2010 EAR Public Meetin — Suggesting a number of these `other regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA), Department of Environmental Protection (DEP), and the U.S. Army Corps of Engineers (USACOE), as those among whom water resource management is coordinated — including surface water, stormwater, and water supplies for municipal services.] Policy Relevance: There are four (4) policies within this Objective. Policy 2.2: Non - agricultural developments requiring an Environmental Resources Permit from the South Florida Water Management District ( SFWMD) shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for Review, dated January 2004 and as regularly updated. Ground water recharge shall also be protected through the application of the retentionidetention requirements and allowable off -site discharge rates for non - agricultural developments specified in Policies 6.2 and 6.3 in the Drainage Sub - Element. This Policy identifies groundwater protection requirements of the appropriate Water Management District, with this document reference appearing to be out of date. This Policy also refers to other provisions found in another Public Facilities Element Sub - Element. The Pollution Control Department implements this Policy. This Policy should be revised to replace "Basis for Review, dated January 2004 " with "Environmental Resource Permit Information Manual, Volume IV, 2009 ". OBJECTIVE 3 (GROUNDWATER QUALITY MONITORING): The County shall continue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyzed concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Objective Achievement Analysis: The above Objective requires Collier County to collect and analyze groundwater quality data for comparison to State Standards, and to be able to provide information on analysis results to all interested parties. Presently Collier County's Pollution Control and Prevention Department samples a trend network of groundwater monitoring wells semi - annually, and reports on the data annually. In addition, a Golden Gate Groundwater Baseline Monitoring Report had been completed in 2004, which assessed the groundwater quality data obtained from 84 residential potable water wells. Residents were provided groundwater laboratory results for the well they owned. A follow -up Golden Gate S PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT Estates study is presently underway, which will compare this most recent groundwater quality data with the historical 2004 reported data to determine water quality trends. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". [Public Comment from March 15, 2010 EAR Public Meeting —Suggesting that watershed management and water resource management should take a more holistic approach.] Policy Relevance: There are five (5) policies within this Objective. Policy 3.3: The County will annually assess its groundwater quality monitoring data to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. This Policy requires the County to regularly re -assess its groundwater quality monitoring efforts. This Policy remains relevant and should be retained as written. [Environmental Advisory Council (EAC) Comment from August 11 2010 EAR Workshop — Suggesting the County coordinate with SFWMD staff to monitor our water resources for salt water intrusion and tracking salinity trends.] [Environmental Advisory Council (EAC) Comment from Augaust 11 2010 EAR Workshop — Emphasizing the importance of ongoing monitoring efforts for both quality and availability in the greater Golden Gate Estates area. Anecdotal evidence showing that the shallower wells run dry in the n dry- weather seasons of the year should not be overlooked.] Policy 3.5: Collier County shall continue to conduct water resource planning with appropriate County, City of Naples, and SFWMD staff to provide for ground water resource development, utilization, and conservation. This Policy requires the County to coordinate their water resource planning efforts with other agencies. This Policy remains relevant and should be retained as written. [Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA), Department of Environmental Protection (DEP), and the U.S. Army Corps of Engineers (USACOE), as those among whom water resource management is coordinated — including surface water, stormwater, and water supplies for municipal services.] [Environmental Advisory Council (EAC) Comment from August 11, 2010 EAR Workshop — Suggesting that water resource planning efforts include the greater Golden Gate Estates area, and take into consideration public health factors.] 6 PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT OBJECTIVE: 4 (PUBLIC EDUCATION WITH REGARD TO GROUNDWATER PROTECTION ISSUES): The County shall continue current activities of providing the public with educational materials concerning ground water protection issues in Collier County. These may include, but shall not be limited to, the preparation of annual technical publications of ground water quality data, an informational website for groundwater quality issues, general information publications, establishment of a speakers' bureau, K -12 classroom presentations, and in- service teacher workshops and seminars. Objective Achievement Analvsis: This Objective requires continuation of County public educational activities with regard to groundwater protection issues. The Pollution Control & Prevention Department maintains a website that identifies all of the programs designed to protect the County's groundwater from pollution. The team prepares and distributes an Annual Newsletter designed to educate businesses on the proper method of managing the hazardous wastes they generate. Team members have also spoken before various groups /organizations about what Pollution Control does and the team remains available to answer any questions the public, regulatory community, and/or policy makers may have. Based on the above, this Objective is being achieved and should be retained, essentially as written. This Objective should be rephrased to improve its formatting as an "objective ". Policy Relevance: There are two (2) policies within this Objective. Policy 4.1: The County shall continue to advise the public on the appropriate disposal methods for hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task, the County may utilize the public educational measures listed within Objective 4 of this Sub - Element, or any other measures which may be appropriate. This Policy requires the development of a public awareness program relative to hazardous waste disposal issues. This Policy remains relevant and should be retained as written. The reference to "Objective 4" should be revised to correspond to the reformatting of said Objective, as applicable. 7 PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT OBJECTIVE 5 (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER RESOURCES): The County shall implement plans to preserve critical ground water recharge areas and ground water resources, and will review, evaluate, and revise (if warranted) those plans and actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data. Objective Achievement Analysis: This Objective shares portions of its stated intent with Objectives 1, 2 and 3 above. This Objective focuses the County's responsibilities on "critical" recharge areas and resources, whereas the above Objectives identify all recharge areas and resources related to groundwater protection. Protecting water quality and minimizing flood hazards employ watershed -based approaches that balance environmental, economic and engineering considerations to meet these standards. This Objective is being achieved and should be retained, essentially as written. This Objective should be revised to replace "implement" with "continue implementing" and rephrased to improve its formatting as an "objective ". [Public Comment from March 1 S, 2010 EAR Public Meeting —Suggesting that watershed management and water resource management should take a more holistic approach.] [Planning Commission (CCPC) Comment from August 27 2010 EAR Workshop — Suggesting that the use of the term "critical" has no clear definition and should be removed from this Objective and where found in its subsequent Policies.] [Environmental Advisory Council (EAC) Comment from November 3 2010 EAR Adoption Hearing — Concurring with the CCPC suggestion to remove the term "critical "from these entries.] Policy Relevance: There are five (5) policies within this Objective. Policy 5.5: Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household and small business hazardous wastes. Additionally, the County shall continue to hold its hazardous waste collection day at least twice per year targeting residential households but also allowing small businesses to participate. This Policy requires the County to continue operating its hazardous waste collection facility. This Policy remains relevant, but provides a level of specificity regarding days and hours of operation that is not necessary in a comprehensive planning document. This Policy remains relevant nonetheless and should be retained if rewritten to provide a lesser amount of specificity appropriate for the GMP. 8 PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT CONSIDER INTRODUCING A NEW OBJECTIVE AND SUBSEQUENT POLICY OR POLICIES FOLLOWING FROM THE 2009 ADOPTION OF HB 697. [Planning Commission (CCPQ Comment from August 27 2010 EAR Workshop — Suggesting that the amount of change introduced with Objectives and Policies following from the adoption of HB 697may be misplaced and consideration for any such change may serve better if consolidated to address multiple Elements or Sub - Elements at another location , and should be removed from the/ as a proposed revision.] [Environmental Advisory Council (EAC) Comment from November 3 2010 EAR Adoption Hearing — Concurring with the CCPC suggestion to remove the HB 697 changes from this Sub - Element and consolidate them at another location.] C. Attached Documents Analysis: Map I Groundwater recharge to the Surficial Aquifer This map should be updated. * Map 2 Groundwater recharge to the Lower Tamiami Aquifer This map should be updated. * [* Note: This snap is not part of this Word document and the image was acquired from another source to appear in the combination PDF version — es 11118111 ] GACDES Planning ServiceslComprehensive12011 EAR -BASED GMP AMENDMENTSIEAC transmittal -EAR-based GMP amendmentsWaterials in 7 Dec 11 EAC PacketslEAC Transmittal - NGWAR Assessment and Recommendations.dou 9 PUBLIC FACILITIES ELEMENT — NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT EAR -based GMP amendments Housing Element— CCPC Transmittal Hearing 1 -5 -12 Goals, Objectives and Policies Housing Element GOAL 1: [Goal provided for contextual purposes only; no change proposed, page 3] TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: [Revised text pending, page 3] Increase Tthe number of new affordable - workforce housing units sha4l finer -ea. by at least fifteen percent of the units approved to be built in the County per year, but not less than 4-,W units per year averaged over a five -year period in an effort to continue meeting the current and future housing needs of legal residents with very -low, low and moderate incomes, including households with special needs such as rural and farmworker housing in rural Collier County. [Revisions to this Objective are pending a recommendation from the Affordable Housing Advisory Committee (AHAC). The AHAC is scheduled to meet and make a recommendation on this Objective — on January 16, 2012, after this document has gone to print. Therefore, staff will provide modified text at or just before the January 26, 2012 CCPC meeting for review and discussion.] Policy 1.1: [Revised text, page 3] Collier County shall pursue maintain interlocal agreements with the City of Naples, the City of Marco Island, and Everglades City to that require that each city to provide their proportionate share of affordable- workforce housing units for provide the financial equivalent to the County 3. (Each city's proportionate share and financial equivalent will be evaluated and substantiated by the most current data, studies, and methods available to the County.) Policy 1.2: The interlocal agree * ** * ** Policy 1.23: * ** * ** Policy 1.34• * ** * ** DRAFT * ** * ** * ** text break * ** * ** * ** * ** * ** [New Policy, page 3] ments referenced within Policy 1.1 shall be re- evaluated every three years * ** * ** * ** text break * ** * ** * ** * ** * ** [Renumbered Policy, page 3] * ** * ** * ** text break * ** * ** * ** * ** * ** [Renumbered Policy, page 3] * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words stfuck thmugh are deleted. 1 EAR -based GMP amendments Housing Element — CCPC Transmittal Hearing 1 -5 -12 Policy 1.45: [Revised text, page 3] The County shall create or preserve affordable housing to minimize the need for additional rvices and avoid the concentration of affordable hnusinu rnnit-, nnly in cnerifir. area-, of the jurisdiction seek te distfibute affordable weikfer-ee housing equitably difoughout the eeuaty wher-e adequa4e iafra tpae ufe and se i' ''' . Programs and strategies to encourage affordable - workforce housing development may include, but are not limited to, density by right within the Immokalee Urban area and other density bonus provisions, impact fee deferrals, expedited permitting (fast tracking), public - private partnerships, providing technical assistance and intergovernmental coordination. * ** * ** * ** * ** * ** text break * ** Policy 1.-56: OBJECTIVE 2: * ** * ** * ** * ** [Renumbered Policy, page 3] [Revised text pending, page 3] The Collier- County Board of Getmty GeaffaissieneFs aided in the estiblishment of the GellieF Geunty , goveFmnefA, hettsing adveeates, and the eenffawiitt, a4 large, wWeh along with other For - profit and not - for = profit providers of affordable- workforce housing agencies shall assist Collier the County and its municipalities in achieving a goal of increasing the number of affordable - workforce housing units by at least fifteen percent of the units approved to be built in the County per year, but not less than 4-,WO units per year averaged over a five -year period for very-low, low and moderate income residents of Collier County. [Revisions to this Objective are pending a recommendation from the Affordable Housing Advisory Committee (AI14Q. The AHAC is scheduled to meet and make a recommendation on this Objective — on January 16, 2012, after this document has gone to print. Therefore, staff will provide modified text at or just before the January 26, 2012 CCPC meeting for review and discussion.] Policy 2.1: [Revised text, page 4] Not for profit agencies, sueh as the Gellie _ Geunt, , 14o using Dev e ,.meet Ger-per u+ shall assist the County in reaching its annual affordable - workforce housing goal by holding workshops and fairs to raise awareness and understanding of housing issues in the County; working together to purchase and develop parcels; and, contributing funds towards the purchase of land for affordable- workforce housing projects. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words stfuslNhmugh are deleted. 2 DRAFT EAR -based GMP amendments Housing Element — CCPC Transmittal Hearing 1 -5 -12 Policy 2.9: [Revised text, page 5] The County shall review the G„•...,-..'s its Affordable - workforce Housing Density Bonus Ordinance every twe three years or sooner, as necessary, and revise the Ordinance, as necessary, to reflect changing community needs and market conditions. (The purpose of the Affordable- workforce Housing Density Bonus Ordinance shall be to encourage the blending of affordable - workforce housing density bonus units into market rate developments as well as to support developments exclusively providing affordable - workforce housing.) Policy 2.10: [Revised text, page 5] The Collier County Opefefiens Suppei4 an Housing and Human Services Department shall continue to operate administer affordable- workforce housing programs, in cooperation with public and private sponsors, to provide safe, affordable - workforce housing to residents of the County's urban designated areas and rural areas. Programs operated by the Department will continue to include, but are not limited to: • Impact fee deferrals • Housing rehabilitation and emergency repairs • Down payment and closing cost assistance • Acquisition and rehabilitation program Policy 2.11: [Revised text, page 5] �-. The Collier County Opera4iens Suppe# and Housing DepaFtme in coordination with for - profit and not - for - profit providers of affordable - workforce housing development wi44 shall continue to coordinate with local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place, consistent with the County's Concurrency Management System. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3: [Revised text, page 5] C""i°" County shall Continue to support and adequately fund housing programs to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including, but not limited to, down payment/closing cost assistance, rehabilitation and emergency repair, demolition with new construction, and impact fee deferrals. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words GtFUGk theugh are deleted. 3 DRAFT EAR -based GMP amendments Housing Element — CCPC Transmittal Hearing 1 -5 -12 Policy 3.5: [Revised text, page 6] n The City of Naples shall implement incentive policies, where practical will if &i to „ swdy e f the 01 Naples area to detefmi ° ar-eh teeyaF°' n a° °'^ ent a a to protect and preserve historic 1V LLl V111 LV structures and maintain the existing residential character of the area. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 3.7: [Revised text, page 6] The City of Naples A „" implemet4 their- h^u 'ainlenanee eede shall address the conservation of housing stock and the preservation and protection of residential neighborhoods through its Neighborhood Action Plans. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 4: [Revised text, page 7] Coll G^„„+.. and the r itt, e f �.raple, . 41 eConduct ° r-ehe ��� ° housing surveys, every three VV111V1 � years or sooner, for the purpose of identifying substandard dwelling units. Through continued enforcement of Getm y housing codes, and the provision of housing rehabilitation or replacement programs, the number of substandard units (associated with a lack of plumbing and/or kitchen facilities) throughout the County shall be reduced by 5% per year through rehabilitation or demolition. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.3: [Revised text, page 7] R ° . le .. and amend the eyrlsti .g elee4ien YclieT 44jhe City of Naples and the County, shall and create one a single uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 5: [Revised text, page 7] Collier- GewAy and the City of Naples will ., A usually monitor all identified historically significant homes in order to promote the detefmine --if these struetffes -- are —being conservationed, maintenanceained, and/or rehabilitationed of those structures. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words strask through are deleted. 4 DRAFT EAR -based GMP amendments Housing Element— CCPC Transmittal Hearing 1 -5-12 Policy 5.4: [Revised text, page 8] By 2019 2888, Collie r the County and the City of Naples w44 shall study potential incentives to encourage the conservation, maintenance and rehabilitation of historic homes and wi44 shall make recommendations to the City Council and to the Board of County Commissioners as to which incentives should be adopted. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.6: [Revised text, page 8] By 20818, the Board of County Commissioners shall commission a new Historical Survey for all of unincorporated Collier County. The Survey shall review the current status of all previously identified historical structures and sites within the unincorporated County and shall make recommendations as to which of these sites or structures should be nominated to the National Register. The Survey shall also review and make similar recommendations regarding any previously unidentified historic structures or sites. Policy 5.7: [Revised text, page 8] By 20819, the Historical /Archaeological Preservation Ordinance shall be updated to include the results of the Historical Survey and te inelude any relevant changes in State or Federal regulations concerning historical properties. OBJECTIVE 6: [Revised text, page 8] Genie'- Couffty shall mMonitor changes to state and federal regulations pertaining to group housing and Continuing Care Retirement Centers e-are faeilifies, and, as necessary, amend its the Land Development Code to ensure compliance. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 7: [Revised text, page 9] Although mobile home par4s euffen4ly exist within Gellier- Geunt�,, as a result of the eeastal eenHRunity's suseeptibility to flooding and stefm stffges, any Restrict new mobile home parks will be °°yea to areas outside of the Urban Gl..,..t.,l F-r-in e Coastal High Hazard Area due to the area's susceptibility to flooding and storm surge. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words siPlsk thmugb are deleted. 5 DRAFT EAR -based GMP amendments Housing Element — CCPC Transmittal Hearing 1 -5 -12 OBJECTIVE 8: [Revised text pending, page 10] ,, Collier Couff y shaleontinue te uUtilize SHIP, CDBG, or other funding sources and, in partnership with Federal, State and non - profit housing agencies, wi14 seek to provide a minimum of 50 rehabilitated or new residential units per year for very low, low and moderate income residents of Tffhmek ee Ur-ban Area, a, u,,. a Ff e- Mixed Use D;s+-:^��d within e R , Lands c+ a w Area. kFamilies benefiting from such housing will include, but shall not be limited to, farmworkers and other populations with special housing needs.) [Revisions to this Objective are pending a recommendation from the Affordable Housing Advisory Committee (AHAQ. The AHAC is scheduled to meet and make a recommendation on this Objective — on January 16, 2012, after this document has gone to print. Therefore, staff will provide modified text at or just before the January 26, 2012 CCPC meeting for review and discussion.] Policy 8.1: [Revised text, page 10] Collie The County shall continue to identify r pufstie the ,..,,hey of requiring all non eepsofming-eT sub - standard residences., of any type., within the Immokalee Urban Area and require that those residences to be eithe rehabilitated to current housing code standards or demolished. Peliey 8.22 [Deleted text, page 10] ,�. _41 =__1 Policy 8.23: [Revised text, page 10] Dtwing 2004, the Geunty eempleted a housing assessment suFvey of single fafflily, mtdti family, and mebile heme upits and mobile home parks in the Immekalee Urban Afea� in er-der- to deteEntine the number- of units giat do not fneet the GeufAy's euffePA health, safiaty and fniflifflum heusiftg eed The County shall continue to target affordable - workforce housing and code enforcement programs to correct the eendifie deficiencies identified in the 2004 Immokalee Urban Area housing assessment survey. Policy 8.34: [Renumbered and revised text, page 10] Funding for rehabilitation of both owner and rental units within the inffnekalee UFban and Rtffal Lands Stewardship Areas will shall be provided through USDA funding, State SHIP finding, CDBG funding, or other appropriate funding sources, and leveraged with additional funding sources to the maximum degree possible. Words underlined are added; words stuff are deleted. 6 DRAFT EAR -based GMP amendments Housing Element — CCPC Transmittal Hearing 1 -5 -12 Policy 8.45: [Renumbered text, page 10] Policy 8.56: [Revised text, page 11 ] Collie r The County wi44 shall eefftinue to utilize CDBG funds to provide farmworker- housing opportunities -, including In ad ition tee haussing units 4iat euffently ^ a4if , for istme a Surf m <idelines, special consideration of GDBG finds will aimed at those units that current SHIP program guidelines prohibit from assistance (i.e., mobile home units). eeflkeeivs :tt Raise be State, Federal K1 GGL1lA private YGV r * ** * ** * ** * ** * ** text break *** *** *** * ** * ** OBJECTIVE 9: [New text, page 11] Support housing programs that encourage the development of energy efficient and environmentally sensitive housing. Policy 9.1: [New text, page 11 ] The County shall encourage the construction of energy efficient housing by exploring innovative regulations that promote energy conserving and environmentally sensitive technologies and design. Policy 9.2: [New text, page 11 ] The County shall educate the public about the economic and environmental benefits of resource efficient design and construction. Policy 9.3: [New text, page 11 ] The County shall expedite plan review of housing_ projects that promote energy conservation and design Policy 9.4: [New text, page 11 ] The County shall continue to encourage the development of mixed housing types near employment centers in order to reduce Green House Gas emissions and minimize carbon footprints. Policy 9.5: [New text, page 11] The County shall promote the incorporation of US EPA Energy Star Building and Appliances programs into construction and rehabilitation practices. EAR - Housing Element —CCPC Transmittal Hearing 1/26112 G:ICDES Planning ServiceslComprehensive12011 EAR -BASED GMP AMENDMENTS1EIementslHousing -MM Words underlined are added; words stFuGk thFGugh are deleted. 7 DRAFT Assessment of Successes and Shortcomings and Recommendations for the Housing Element A. Introduction and Background The purpose of the Housing Element is to provide guidance to the County in developing appropriate policies and programs which demonstrate the County's commitment to meet any identified and projected deficits in the supply of housing. Further, the stated Goal of the Housing Element is to provide an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County. In order to accomplish this goal, the County has implemented strategies aimed at the development of new residential units and the rehabilitation or demolition of substandard units. During the planning period for this Evaluation and Appraisal Report (EAR), the County has successfully administered various State and Federal programs, including but not limited to, Community Development Block Grant (CDBG) entitlement funds, HOME Investment Partnerships Program (HOME) entitlement funds, Emergency Shelter Grant funds, State Housing Initiatives Partnership (SHIP) funds, and funds authorized by the Housing and Economic Recovery Act of 2008 - all of which funded numerous development and redevelopment activities. The range of funded activities includes, but is not limited to, a single family unit rehabilitation program, multi - family affordable rental unit development, park and infrastructure development, redevelopment of abandoned and foreclosed homes, and homebuyer education programs. In total, during this planning period, the County has assisted individuals and families with down payment and closing costs in the amount of $11,571,965; funded residential rehabilitation projects in the amount of $3,108,884; and, assisted in the development of affordable - workforce housing projects by deferring impact fees in the amount of $9,723,672.68. The County has been successful in reducing the number of substandard housing units, preserving historical and archeological resources, stabilizing neighborhoods by rehabilitating residential units, and encouraging development of, or commitments to develop, affordable - workforce housing within the County, through the establishment and funding of programs, and adoption of policies and regulations, aimed at achieving the County's housing objectives. However, notwithstanding these successes, the County's objective of creating 1,000 new affordable- workforce housing units each year during the evaluation period for this EAR has not been achieved. The County has approved approximately 4,214 affordable - workforce units to be built, but only 728 of those units have been constructed. Recent cost - burdened household data, from the University of Florida's Shimberg Center for Housing Studies (July 2010), indicate that in 2010 approximately 35,942 residents are cost burdened, spending greater than thirty percent of their household income on housing related expenses, and by 2030 that number is expected to grow to 52,737 households. The data in Table 1. further indicate that over a 20- year period the average annual demand for affordable units will be approximately 840 units. This figure reveals an approximate 160 unit per year decrease in the affordable housing demand over the previous figure of 1,000 units recommended in the 2004 EAR. 1 Housing Element Table 1. Years Average Annual Increase in Cost Burdened Households 2010-2015 it's ear 2015-2020 881 Units /Year 2020-2025 u`$ ldltsr 2025-2030 856 Units /Year Source: Shimberg Center, July 2010 The above data suggest that the County can reduce the annual production rate of affordable - workforce housing units. Further supporting this position is an estimated 3,486 affordable - workforce units approved, but not built, and the current availability of unrestricted affordable housing supply in the market as a result of the economic downturn across the State. The recent decline in the housing market has increased affordability; however, it's important to note that these units are unrestricted (not subject to regulatory control of rental or sale price, occupant income level, time period to remain affordable, etc.), and are likely to increase in value as market conditions change over time. This in turn would reduce the affordable- workforce housing supply in the County. Regarding the approved, but not yet built units, it is unknown how many of those units will be built and when they would become available. The Housing Element should continue to include a specific requirement for the provision of affordable housing to ensure that its goal, to provide an adequate supply of safe, decent and affordable housing for all residents of Collier County, is achieved. Continuing to secure "restricted" affordable- workforce housing units will reduce the long -term demand and increase the affordable- workforce housing supply in the County. B. Objective Analysis OBJECTIVE 1: The number of new affordable- workforce housing units shall increase by at least fifteen percent of the units approved to be built in the County per year, but not less than 1,000 units per year averaged over a five -year period in an effort to continue meeting the current and future housing needs of legal residents with very -low, low and moderate incomes, including households with special needs such as rural and farmworker housing in rural Collier County. Objective Achievement Analysis: This objective has not been met. During years 2005 -2009, the review period for this EAR, there have been approximately 4,214 affordable- workforce units approved to be built and approximately 728 units built in Collier County. Estimates from the University of Florida's Shimberg Center for Housing Studies indicate that the increase in cost burdened households does not reach or exceed 1,000 units per year. The following is a summary of the projected increases in cost burdened households in Collier County through year 2030. 2 Housing Element Years Average Annual Increase In Cost - Burdened Households 2010-2015 732 units /year 2015-2020 881 units /year 2020-2025 890 units /year 2025-2030 856 units /year Source: University of Florida Shnnberg Center for Housing Studies, July 2010 As reflected above, the average annual increase in cost burdened households is not expected to exceed 890 units per year; the projections reveal a 160 unit per year need less than the current 1,000 unit requirement. This suggests that the Housing Element should be amended to reduce the minimum annual unit production of affordable- workforce housing. Further analyses of the above data show an annual average over 20 a year period to be 840 units. A newly revised minimum unit per year production of at least 10 percent of all units approved, but not less than 850 units per year built, may be more appropriate based on the available data. The Objective remains relevant and should be retained. However, the Objective should be revised to reflect an annual yearly affordable - workforce unit production rate of at least ten percent of all units approved, but not less than 850 units constructed per year. Planning Commission (CCPC) Comment from August 25, 2010 EAR Workshop — Suggesting to reduce the proposed affordable - workforce housing unit production figure of 850 units to 500 units to account for the future supply of affordable - workforce units approved, but not yet built, and the existing affordable - workforce housing supply, resulting from declining home prices caused by the economic downturn. Staff Comment Post December 7, 2010 Planning Commission (CCPC Adoption Hearing —Suggesting that staff work with the Department of Community Affairs to determine the appropriate number of affordable - workforce housing units to be constructed annually to meet demand within the County. [The BCC directed staff to include the market rate inventory with the EAR support data on 12114110.] Board of Countv Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Evaluate for possible elimination of the affordable - workforce housing annual production rate requirement, or establish a new rate that is commensurate with the County's projected demand — based on County inventory, affordable - workforce units approved, but not yet built, and market conditions. Policy Relevance: Policy 1.1: Collier County shall pursue interlocal agreements with the City of Naples, the City of Marco Island, and Everglades City to require that each city provide their proportionate share of affordable workforce housing units (or the financial equivalent). Each city's proportionate share and financial equivalent will be evaluated and substantiated by the most current data, studies, and methods available to the County. 3 Housing Element Policy Achievement Analysis: The County has existing interlocal agreements with the City of Naples and the City of Marco Island. These agreements identify the municipalities' affordable- workforce housing obligations, based on current data, such as population and other methods available to the County. n Through the interlocal agreement between the County and the City of Naples, the City receives CDBG funds and participates in the SHIP program, returning its allocated 7 percent to the County to administer a joint affordable housing program. Through the interlocal agreement between the County and the City of Marco Island, the City provides $50,000 dollars annually or 10 percent of the building permit revenues, whichever is greater, to the County to administer affordable housing programs. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect that the County presently has affordable- housing interlocal agreements with the City of Naples and the City of Marco Island; and, add a requirement that the municipalities shall re- evaluate their respective interlocal agreements with the County every three years. Policy 1.4: Collier County shall seek to distribute affordable- workforce housing equitably throughout the county where adequate infrastructure and services are available. Programs and strategies to encourage affordable - workforce housing development may include, but are not limited to, density by right within the Immokalee Urban area and other density bonus provisions, impact fee deferrals, expedited permitting (fast tracking), public - private partnerships, providing technical assistance and intergovernmental coordination. Policy Achievement Analysis: The equitable distribution of affordable- workforce housing throughout the county has been problematic and the location of the various affordable- workforce housing projects has been generally driven by market forces. The success of this Policy may continue to be based on market forces until affordable - housing incentives are adopted to encourage the provision of affordable - workforce housing in targeted areas of the County. Further, the County currently offers expedited permitting, flexible density and technical support to encourage and promote affordable - workforce development within the County. This Policy remains relevant and should be retained. Public Comment (Community Meeting on 1125110 and 2123110) Public stated that the County does not do enough to provide housing opportunities in close proximity to employment centers, and thresholds should be established to minimize saturation of affordable housing in a single geography. Planning Commission (CCPC) Comment from August 25 2010 EAR Workshop — Suggesting the removal of the phrase, "seek to distribute affordable - workforce housing equitably throughout the county" and, insertion of text within the Policy that is consistent with Section 163.31770 I.g., Florida Statutes, which states, "...avoid the concentration of affordable housing units only in specific areas of the jurisdiction. " Planning Commission (CCPC) Comment from December 7 2010 — Suggesting that staff work with Habitat for Humanity representatives to revise Policy text, consistent with Florida Statutes. [Habitat representative voiced concern about proposed CCPC Policy change at the Hearing.] n 4 Housing Element Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Avoid the concentration of any one affordable- housing category within any one geographic area. OBJECTIVE 2: The Collier County Board of County Commissioners aided in the establishment of the Collier County Housing Development Corporation in 2003. The mission of the Housing Development Corporation is to serve as a non - profit agency, with an executive board made up of representatives from business, government, housing advocates, and the community at large, which along with other not for profit agencies shall assist Collier County and its municipalities in achieving a goal of increasing the number of affordable- workforce housing units by at least fifteen percent of the units approved to be built in the County per year, but not less than 1,000 units per year averaged over a five -year period for very-low, low and moderate income residents of Collier County. Objective Achievement Anal The mission of the Housing Development Corporation of Southwest Florida (fka The Collier County Housing Development Corporation) has shifted its focus to foreclosure prevention and homebuyer education. The Housing Development Corporation (HDC) is no longer an active participant in vertical construction. The Objective remains relevant and should be retained. However, the Objective should be modified to reflect the removal of the HDC reference and their stated mission; add the phrase "for- profit and not - for- profit providers of affordable - workforce housing" before the phrase, "shall assist Collier County... "; and, delete the references to "fifteen" percent and "1,000" units and replace with "ten" percent and "850" units, consistent with the changes proposed in Objective 1. Planning Commission (CCPQ Comment from August 25, 2010 EAR Workshop — Suggesting to insert the affordable - workforce housing production figure of 500 units, consistent with changes proposed in Objective 1. Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Evaluate for possible elimination of the affordable - workforce housing annual production rate requirement, or establish a new rate that is commensurate with the County's existing and projected demand — based on County inventory, affordable- workforce units approved, but not yet built, and market conditions. Policy Relevance: Policy 2.1: Not for profit agencies, such as the Collier County Housing Development Corporation shall assist the County in reaching its annual affordable- workforce housing goal by holding workshops and fairs to raise awareness and understanding of housing issues in the County; working together to purchase and develop parcels; and, contributing funds towards the purchase of land for affordable- workforce housing projects. 5 Housing Element Policy Achievement Analysis: This Policy remains relevant and should be retained. However, the Policy should be revised to relect the removal of the HDC reference, as their focus has changed to foreclosure prevention and homebuyer n education. Public Comment (Communi Meetings held on 1125110 2123110 and 3115110).- Public stated that impact fee waivers are needed for affordable housing projects, and others stated that impact fees should be eliminated all together for affordable housing projects. Policy 2.9: The County shall review the County's Affordable- workforce Housing Density Bonus Ordinance every two years or sooner, as necessary, and revise the Ordinance, as necessary, to reflect changing community needs and market conditions. The purpose of the Affordable- workforce Housing Density Bonus Ordinance shall be to encourage the blending of affordable- workforce housing density bonus units into market rate developments as well as to support developments exclusively providing affordable- workforce housing. Policy Achievement Anal The Ordinance is currently under review by the Affordable Housing Advisory Committee, and is expected to be completed by December 2010. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect a new review time line of 3 years rather than 2 years, to make consistent with Section 420.9076 (4) F.S. Public Comment (Community Meeting held on 3115110) Public stated that density bonus incentives for affordable housing development within mixed use projects should be provided. Policy 2.10: The Collier County Operations Support and Housing Department shall continue to operate affordable- workforce housing programs, in cooperation with public and private sponsors, to provide safe, affordable - workforce housing to residents of the County's urban designated areas and rural areas. Programs operated by the Department will continue to include, but are not limited to: • Impact fee deferrals • Housing rehabilitation and emergency repairs • Down payment and closing cost assistance Policy Achievement Analysis: The housing programs are working as intended. During the evaluation period for this EAR, the County has funded approximately $9,723,672.68 in impact fee deferrals; $3,108,883.69 in housing and rehabilitation and emergency repairs; and $11,571,964.51 in down payment and closing costs for income qualified persons /families. 6 Housing Element This Policy remains relevant and should be retained. However, the Policy should be revised to reflect a departmental name change — "Housing and Human Services Department"; and add to the listing of programs operated by the Housing Department, "Acquisition and rehabilitation program." Public Comment (Community Meeting held on 1125110): Public stated that the County should provide land for affordable housing. Policy 2.11: The Collier County Operations Support and Housing Department will continue to coordinate with local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place, consistent with the County's Concurrency Management System. Policy Achievement Analysis: The Housing Department does not currently coordinate with local utility providers. This Policy remains relevant and should be retained in some form. The Policy should be revised to reflect the removal of the "Collier County Operations Support and Housing Department" and in its place insert the following, "The County in coordination with for - profit and not - for - profit providers of affordable - workforce housing development..." Public Comment (Community Meeting held on 3115110) Public stated that public transportation should be provided proximate to affordable housing. OBJECTIVE 3: Collier County shall continue to support and adequately fund housing programs to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including, but not limited to, down payment/closing cost assistance, rehabilitation and emergency repair, demolition with new construction, and impact fee deferrals. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: * Policy 3.5: The City of Naples will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existing residential character of the area. Policy Achievement Analysis: A study has not yet been conducted. However, the City remains interested in incentives to preserve and protect the existing residential character of the Old Naples area. The Policy remains relevant and should be retained. However, the Policy should be revised to include a date when the study must be completed so that the Policy is measurable. 7 Housing Element * Policy 3.7: The City of Naples will implement their housing maintenance code to address the conservation of housing stock and the preservation and protection of residential neighborhoods. Policy Achievement Analysis: The City considered a Housing Maintenance Code, but one has not yet been adopted. The City does however include Neighborhood Action Plans for all recognized neighborhoods within the City as an element of its Comprehensive Plan. Specific needs and desires of each neighborhood are established, addressed and evaluated in those Plans. The Policy remains relevant and should be retained. However, the Policy should be revised to include a date when the study must be completed so that the Policy is measurable. OBJECTIVE 4: Collier County and the City of Naples will conduct a comprehensive housing survey, every three years or sooner, for the purpose of identifying substandard dwelling units. Through continued enforcement of County housing codes, and the provision of housing rehabilitation or replacement programs, the number of substandard units (associated with a lack of plumbing and /or kitchen facilities) throughout the County shall be reduced by 5% per year through rehabilitation or demolition. Objective Achievement Analysis: [County] A comprehensive housing survey has been completed in certain areas of the County. The surveying of other geographies will occur in the future as funding and staff resources become available. The County, however, will continue its enforcement activities to reduce the number of substandard units within the county. Objective Achievement Analysis: [City of Naples] A comprehensive City -wide survey of Naples has not been completed. Generally, substandard housing units are identified by the City's Building and Code Enforcement Divisions. The City's Building and Code Enforcement Divisions do not conduct annual surveys of housing conditions to identify substandard units; such assessments occur only as a result of a natural disaster. Further, there have been no units rehabbed, demolished or replaced by the City through rehabilitation or replacement programs during this review period for this EAR. However, many units were rehabilitated by property owners following hurricane Wilma in October of 2005. This Objective remains relevant and should be retained. However, the Objective should be revised to remove the reference to the City of Naples conducting a survey, as the City does not have this activity programmed or funded in their work plan. Policy Relevance: Policy 4.3: Review and amend the existing relocation policy of the City of Naples and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. 8 Housing Element Policy Achievement Analysis: A uniform relocation housing policy has not yet been created for the County and the City of Naples. Until such a policy is adopted, both the County and City of Naples will continue to abide by the ^ provisions of the Uniform Relocation Act. This policy remains relevant and should be retained. However, the Policy should be updated to include a completion date for the joint County and City uniform relocation housing policy, so that the Policy is measurable. OBJECTIVE 5: Collier County and the City of Naples will annually monitor all identified historically significant homes to determine if these structures are being conserved, maintained, and /or rehabilitated. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 5.4: By 2008, Collier County and the City of Naples will study potential incentives to encourage the conservation, maintenance and rehabilitation of historic homes and will make recommendations to the City Council and to the Board of County Commissioners as to which incentives should be adopted. Policy Achievement Analysis: This Policy objective has not been achieved. The Board of County Commissioners and the City Council have not yet adopted incentives to encourage the conservation, maintenance and rehabilitation of historic homes. However, in December, 2005, City Council and the City's Planning Advisory Board convened a joint meeting for the purpose of discussing a proposed historic preservation ordinance. Thereafter, planning staff was directed to prepare a revised draft ordinance that includes stronger incentives for the preservation of historic homes. The ordinance has not been adopted; however, the City remains interested in incentives to preserve historic structures. This Policy remains relevant and should be retained. However, the Policy should be amended to reflect a revised completion date for the joint study between the County and the City of Naples by year 2011. Policy 5.6: By 2008, the Board of County Commissioners shall commission a new Historical Survey for all of unincorporated Collier County. The Survey shall review the current status of all previously identified historical structures and sites within the unincorporated County and shall make recommendations as to which of these sites or structures should be nominated to the National Register. The Survey shall also review and make similar recommendations regarding any previously unidentified historic structures or sites. Policy Achievement Analysis: This Policy objective has not been achieved due to an inability to fund the Survey. The County continues to rely on the Historical and Archeological Probability Map Series, updated in 1999, to determine if a project is within an area of probability. 9 Housing Element The Policy remains relevant and should be retained. However, the survey commission date should be modified to reflect a future date when funding potentially would be available to the conduct the survey. n Policy 5.7: By 2009, the Historical /Archaeological Preservation Ordinance shall be updated to include the results of the Historical Survey and to include any relevant changes in State or Federal regulations concerning historical properties. Policy Achievement Analysis: This Policy objective has not been achieved. This Policy remains relevant and should be retained. However, the date of the required revisions to the Ordinance should be modified to coincide with the amended survey commission date established for Policy 5.6. OBJECTIVE 6: Collier County shall monitor changes to state and federal regulations pertaining to group care facilities, and, as necessary, amend its Land Development Code to ensure compliance. Obiective Achievement Analysis: The County will continue monitoring all related state and federal regulations as an ongoing activity. This Objective remains relevant and should be retained. Planning Commission (CCPC) Comment from the August 25 2010 EAR Workshop — Suggesting to n replace the term "group care facilities " with "group housing and Continuing Care Retirement Centers" to broaden the purpose of the Objective. OBJECTIVE 7: Although mobile home parks currently exist within Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, any new mobile home parks will be restricted to areas outside of the Urban Coastal Fringe. Objective Achievement Analysis: The County currently prohibits new mobile home parks within the Urban Coastal Fringe. This Objective remains relevant and should be retained. Planning Commission (CCPC) Comment from the August 25 2010 EAR Workshop — Suggesting to replace incorrect reference to the Urban Coastal Fringe with the correct reference to the "Coastal High Hazard Area. " OBJECTIVE 8: Collier County shall continue to utilize SHIP, CDBG, or other funding sources and, in partnership with Federal, State and non - profit housing agencies, will seek to provide a minimum of 50 rehabilitated or new residential units per year for very low, low and moderate income residents of the Immokalee Urban Area, Rural Fringe Mixed Use District, and within the 10 Housing Element Rural Lands Stewardship Area. Families benefiting from such housing will include, but not be limited to, farmworkers and other populations with special housing needs. Objective Achievement Analysis: ^ The County continues to exceed the minimum number of rehabilitation projects required by this Objective. During the latter years of the evaluation period for this EAR, the County assisted with the rehabilitation of 92 residential properties, and funded rehabilitation projects in the amount of $3,108,883.69 during the entire review period for this EAR. Additionally, the County was allocated $7,306,755 to assist with the redevelopment of abandoned and foreclosed homes and residential properties. As of June 2009, 35 percent of those funds have been committed for the acquisition and rehabilitation of foreclosed properties. Further, the County was awarded funding under the Disaster Recovery Initiative grant which has funded rehabilitation projects throughout the County. It should be noted that the process for awarding funds to rehabilitate residential units must be competitive, not restricted to certain geographies within the County. As a result, the County recommends revising the Objective to remove the restriction that rehabilitated units must be located only in the Immokalee Urban Area, Rural Fringe Mixed Use District, and within the Rural Lands Stewardship Area. Policy Relevance: Policy 8.1: Collier County shall continue to pursue the policy of requiring all non - conforming or sub- standard residences of any type within the Immokalee Urban Area to be either rehabilitated to current housing code standards or demolished. Policy Achievement Analysis: Collier County transmitted the revised Immokalee Area Master Plan (IAMP) Element to the Department of Community Affairs on June 23, 2010. This Element provides specific objectives to promote the rehabilitation of substandard residences within the Immokalee Urban Area. This Policy remains relevant and should be retained. However, the Policy should be revised to remove the reference to "non- conforming" residences, so that it correlates with the Master Plan revisions that have no such policies. Policy 8.2: By 2008, Collier County shall complete a review of the residential density caps established within the Immokalee Area Master Plan Element of this Growth Management Plan. Based upon this review, the County shall determine if and where it may be appropriate to increase such caps, so as to encourage the development of new affordable- workforce housing units for farmworkers, very low, low and moderate income residents. Policy Achievement Analysis: The residential density cap review was completed as part of the Immokalee Area Master Plan (IAMP) Element re- write, transmitted to the Department of Community Affairs on June 23, 2010. The density caps were raised in certain sub - districts to 20 units per acre. This change would allow the development of an additional ±6,730 dwelling units within the Immokalee Urban Area; presumably promoting affordable - workforce housing developments. 11 Housing Element This Policy is no longer relevant and should be deleted, as the Policy objective has been fulfilled. Policy 8.3: During 2004, the County completed a housing assessment survey of single family, multi- n family, and mobile home units and mobile home parks in the Immokalee Urban Area, in order to detennine the number of units that do not meet the County's current health, safety and minimum housing codes. The County shall target affordable - workforce housing and code enforcement programs to correct the conditions. Policy Achievement Analysis: The County has completed a housing assessment survey of the Immokalee Urban Area by the date specified in the Policy. As part of the survey, the County identified units that did not meet the County's minimum housing codes. The County will continue to work with area residents to correct housing conditions, and will continue to implement programs to improve the housing stock in the Immokalee Urban Area. This Policy remains relevant and should be retained. However, the Policy should be modified to reflect the completion of the survey; and, include a reference identifying that activities are ongoing. Policy 8.6: Collier County will continue to utilize CDBG funds to provide farmworker- housing opportunities. In addition to housing units that currently qualify for assistance under SHIP program guidelines, special consideration of CDBG funds will be aimed at units that current SHIP program guidelines prohibit from assistance (i.e., mobile home units). Farmworkers will also be encouraged, through the use of multi - lingual outreach programs, to take advantage of any other CDBG, SHIP, Local, State, Federal and private programs for which they may qualify. Policy Achievement Anal This Policy remains relevant and should be retained. However, the Policy should be revised to remove the second sentence, as the process for awarding Federal and State funds is competitive and not intended for set - asides. This Element is affected by changes to Chapter 163, Florida Statute, which were adopted into law in 2008, as follows: 163.3177(6)(f) l .h. and i. Requires that the housing element include standards, plans and principles to be followed in energy efficiency in the design and construction of new housing and in the use of renewable energy resources. Ch. 2008 -191, LOF. (HB 697) Staff proposed the below Objective and associated Policies to address these requirements. OBJECTIVE 9: Collier County shall support housing programs that encourage the development of energy efficient and environmentally sensitive housing. ^. 12 Housing Element Policy 9.1: The County will encourage the construction of energy efficient housing by exploring .-. innovative regulations that promote energy conserving and environmentally sensitive technologies and design. Policy 9.2: The County shall educate the public about the economic and environmental benefits of resource efficient design and construction. Policy 9.3: The County shall expedite plan review of housing projects that promote energy conservation and design. Policy 9.4: The County shall continue to encourage the development of mixed housing types near employment centers in order to reduce Green House Gas emissions and minimize carbon footprints. Policy 9.5: The County shall promote the incorporation of US EPA Energy Star Building and Appliances programs into construction and rehabilitation practices. 13 Housing Element EAR -based GMP Amendments Recreation & Open Space Element — CCPC Transmittal Draft 12/29/11 Goals, Objectives and Policies Recreation and Open Space Element (ROSE) GOAL 1: [No change to text, page 2] PROVIDE SUFFICIENT PARKS, RECREATION FACILITIES AND OPEN SPACE AREAS TO MEET THE NEEDS OF RESIDENTS AND VISITORS OF COLLIER COUNTY. OBJECTIVE 1.1: [No change to text, page 2] Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County, other governmental bodies and the private sector. Policy 1.1.1: [Revised text, page 2] Gellier- County hereby adepts the fellewing level of sen4ee standar-ds for- faeilifies and land owned by the Getti4y or- available to the general publie.: •• •. ATATA The standards for levels of service (LOS) of Cojmt� parks and recreation facilities appear in Policy 1.5; subsection "G" in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. �%_ rK I __ - MIR I I I .. W, W =fy * ** * ** * ** * ** * ** textbreak * ** * ** * ** * ** * ** Poliey 1.1.55- . [Policy deleted, page2] Policy 1.1.5 6: [Renumbered Policy, page 3] DRAFT Words underlined are added; words stFUGk through are deleted. EAR -based GMP Amendments Recreation & Open Space Element — CCPC Transmittal Draft 12/29/11 OBJECTIVE 1.2: [No change to text, page 3] Protect designated recreation sites and open space from incompatible land uses through development of appropriate design criteria and land use regulations. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 1.3: [No change to text, page 3] Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. Policy 1.3.1: [Text revision, page 3] County -owned or managed parks and recreation facilities shall have automobile, bicycle and/or pedestrian access, where the location is appropriate and where such access is economically feasible, with specific consideration given to alternative forms of transportation that would reduce VMT and green house gas. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 1.4: [No change to text, page 3] Policy 1.4.1: [Text revision, page 3] Through the land development review process, Collier County shall continue to encourage developers to provide recreation sites and/or facilities within residential and mixed use Planned Unit Developments (PUDs), where appropriate. Policy 1.4.2: [Text revision, page 3 & 4] Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such facilities and activities within, or adjacent to, Collier County. Said govemmental entities shall inejud e I + + neeessanly lifnited + U.S. c Do..,,Ftme + of the interior-, The Tea al t c � -r- c�a - v�rvrte Fzl.^,iida nPpaft ent of Agr-ietd4ffe and ! e Q Division of F Lee G,,,... +., Fier-id i ivaau , Br-e . aFd ice,.uat F •,a a�a v , Miami Dade Counb,, Flefida iii enfee /teeua --+ Fi '.t The Se4h Fier -iE' a Wa4er- RI aaag il' + ' .: +. + � I2' r Basin B b The Gellie r ..+ e >, l Board The Gib, of Naples, Flefi& The City y „f lea r 1 1> t a Everglades czsy,vrratt The Goy efB it e > t a OBJECTIVE 1.5: [No text change, page 4] Through the PUD monitoring process, Collier County shall continue to enforce developer n commitments for the provision of parks, recreation facilities and open space. DRAFT Words underlined are added; words 6tfuGk theugh are deleted. 2 EAR -based GMP Amendments Recreation & Open Space Element — CCPC Transmittal Draft 12129/11 Policy 1.5.1: [Text revision, page 4] Collier County shall maintain a current inventory of recreational facility and usable open space commitments made by developers through the development review process. * ** * ** * ** * ** * ** text break * * * * ** * ** * ** * ** OBJECTIVE 1.6: [No text change, page 4] Whenever possible and practical, utilize County owned property for recreational uses. * ** * ** * ** * ** * ** textbreak * ** * ** * ** * ** * ** r'^�2: [Delete goal, page 4] T-14E COUNTY SHALL PROMOTE A NEIG14BORHOOD PARK SYSTEM TO MEET THE [Delete objective, page 4] Poliey2.147- [Delete policy, page 4] The Parlis and Reffeation Department will identify those sites OF geneFRI ftFeas fOF neighbor-hood parks with eitizen input to deter-mine the types of r-eeFeational faeflities par-tieular eommunities would liKe to see within theiF neighbor-hoods. Pokey 2.1.2-7 [Relocate policy, page 5] The County shall amend the Land Development Code to require the developeF of a residential PUD, > to provide its residents and guests wi development. suitable neighborhoodpark, as deter-mined on a ease by ease basis, whieh is, as required by Pohey 5.4 in the Future Land Use Element, eompatiblewith the suFr-ounding Pohey 2.1.3: [Delete policy, page 5] feasible. New neighbor-hood paf!k:s will be ear-efidly sited and 0 ntentionalb, integrated into exiAing idential neighbor-hoods, and shall be designed nepordina io 1­15 __ the pFineiples of Crime PFevention Through Environmental Design (CPT-ED), wher-e these pr-ineiples are appropr4ate and eeonomieally > Pohey .. . [Delete policy, page 5] The County shall investigate the utilization of tax er-edits OF otheF ineentives for PFOper-ty owneFs who wish to dediente land to the County to meet the r-eer-eational needs of neighboFhood paFks. Poliey 2.1.5-7 [Delete policy, page 5] The G- ..,ty shall e e the development of pedestrian pathways and bike lanes from th-e DRAFT Words underlined are added; words stfusk threes are deleted. 3 EAR -based GMP Amendments Recreation & Open Space Element — CCPC Transmittal Draft 12/29/11 RECREATIONAL GOAL 3.2 [Renumbered & revised goal, page 5] T14E COUNTY S14ALL DEALELOP A COMMUNITY AND REGIONAL PARK SYSTEM To PRO44DE USEABLE OPEN SPACE TO MEET T14E OF RESIDENTS A4THIN THE • „ UN GOAL 3 2: THE COUNTY SHALL PROMOTE A PARK SYSTEM THAT INCLUDES REGIONAL, COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD (LOSS) CONTAINED IN THE CIE. OBJECTIVE 32.1: [Renumbered and revised text, page 5] By year 2010 In 2011, the Parks and Recreation Department - developed a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban Designated Areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). This plan will includes the identification of future community and regional park sites (or general areas), park improvements, cost estimates, and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Policy 32.1.1: Policy X52.1.2: I Policy 32.1.3: [Renumbered text, page 5] [Renumbered text, page 6] [Renumbered text, page 6] Policy L2.1.4: [Renumbered and revised text, page 6] The County shall continue to update parks and recreation impact fees to keep paee - A4th ifleFeas appropriately reflect land acquisition and development costs for the establishment of community and regional parks. I Policy L2.1.5: I Policy L2.1.6: [Renumbered text, page 6] [Renumbered text, page 6] Policy X2.1.7: [Renumbered and revised text, page 6] By the 2010 + The Parks and Recreation Department and the Transportation Services Division year- will continue to investigate the utilization of the existing canal and power line easements to create a greenway system within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates fit' i 1d G,,, Rn� -+;-- A--:— areas, Agr-i designated areas, Seuthem Golden Gate Estates And the el-14131,42flix I Tyban A 13 t., designated of Cape! Pei4 of the islands, Plantation Wand and Chokele as detailed in the adopted Community and Regional Parks Master Plan. DRAFT Words underlined are added; words Neagh are deleted. 4 EAR -based GMP Amendments Recreation & Open Space Element — CCPC Transmittal Draft 12/29/11 Policy 2.1.8: [New policy, page 6] ^ The County shall amend the Land Development Code to require the developer of a residential PUD or a PUD having a residential component to provide its residents and guests with a suitable neighborhood park, as determined on a case -by -case basis which is as required by Policy 5.4 in the Future Land Use Element, to be compatible with the surrounding development DRAFT Words underlined are added; words stfask t#feagh are deleted. Assessment of the Successes & Shortcomings and Recommendations Recreation and Open Space Element - ROSE Introduction and Background Chapter 163.3177(6)(e), Florida Statutes, requires each local government comprehensive plan to have "A recreation and open space element indicating a comprehensive system of public and private sites for recreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, and other recreational facilities." However, Chapter 9J- 5.014, Florida Administrative Code, which formerly contained the Florida Department of Community Affairs' "Minimum Standards" for review of local Recreation and Open Space Elements, has been deleted. Thus, while the Recreation and Open Space Element remains a requirement for local comprehensive plans in the State of Florida, the format and contents of such an Element may be tailored to local needs, provided that the intent of the Statute is met. The Recreation and Open Space Element is divided into three sections, each of which is guided by a specific goal. These three sections are: • The general provision of parks, recreation facilities and open space areas for the use and enjoyment of Collier County residents and visitors. • The development of a countywide neighborhood park system. • The development of a countywide regional and community park system. These three primary goals are the aims to which the Element's objectives and policies seek to accomplish. The second of the above goals is being proposed to be deleted as a standalone goal and is being proposed as a policy with revisions and clarification as to the responsibility for providing and maintaining these neighborhood facilities. The reason behind this proposed change sits with the fact that the County does not have a Level of Service Standard for neighborhood parks, as is the case with community and regional parks and does not provide these facilities on a regular or consistent basis, but rather seeks individual developments to provide for localized recreational facilities. Below is the evaluation of the existing Goals, Objectives and Policies of the Rose. GOAL 1: PROVIDE SUFFICIENT PARKS, RECREATION FACILITIES AND OPEN SPACE AREAS TO MEET THE NEEDS OF RESIDENTS AND VISITORS OF COLLIER COUNTY. Goal 1 adequately reflects mission statement of the Parks and Recreation Department. OBJECTIVE 1.1: Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County, other governmental bodies and the private sector. 1 Recreation and Open Space Element - ROSE Objective Achievement Analysis: Collier County recommends text remains as written. The Objective is designed to specifically further Goal One by providing for recreational opportunities by the County based upon the availability of the various facilities provided by other providers and targeting the service gaps. Policy 1.1.1: Collier County hereby adopts the following level of service standards for facilities and land owned by the County or available to the general public: LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land /1,000 population (unincorporated) B. 2.9412 acres of regional park land /1,000 population C. Recreation facilities — Facilities in place, which have a value (as (X) defined) of at least $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County, as set forth in the Annual Update and Inventory Report (AUIR), applying the values to the number of each facility type, adding up all values and dividing the total by the County population. 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in -place facility value. Policy Achievement Analysis: Collier County recommends text revisions. The Board of County Commissioners determined during the 2007 Annual Update and Inventory Report (AUIR) that recreational facilities are no longer a Level of Service to be counted in the AUIR. The Recreational facilities value was replaced with Recreational facility type guidelines. Therefore the Recreational facilities LOS no longer is applicable and need to be deleted from the element. It was also directed that Community and Regional Park (LOSS) Level of Service acres per 1,000 be rounded down. Revise to 1.2 acres of community park land/1,000 population (unincorporated) 2.7 acres of regional park land/1,000 population At the conclusion of the ROSE Objective and Policy analysis, a series of charts, graphs and maps will illustrate the Level of Service analysis for Regional and Community parks. Policy 1.1.5: Continue to correct or improve existing parks and recreation facilities deficiencies which are necessary in order to meet the level of service standards. Policy Achievement Analysis: Collier County recommends text for deletion. 2 Recreation and Open Space Element - ROSE The Board of County Commissioners determined during the 2007 Annual Update and Inventory Report (AUIR) that recreational facilities are no longer a Level of Service to be counted in the AUIR. The Recreational facilities value was replaced with Recreational facility type guidelines. Policy 1.1.6: The County shall continue to establish and implement a program with appropriate criteria to designate or acquire open space areas and natural reservations. Policy Achievement Analysis: Collier County recommends text revisions. Current policy is confusing recommend clarifying by the following: The County shall continue to establish and implement a program with appropriate criteria to pursue and acquire open space areas and natural reservations. A series of community planning initiatives, begun in the late 1980s, culminated in 2001 with the Community Character and Design visioning process that brought to the forefront of community dialogues the need for a greenspace acquisition program. Currently, 28 other Florida Counties have similar, successful programs. The resulting initiative, "Vote Conservation 2002" placed a referendum question on the November 2002 ballot, asking voters whether they would be willing to tax themselves one quarter mill for 10 years to buy conservation lands and greenspace and to approve a $75 million limited tax general obligation bond. Nearly sixty percent of Collier County voters approved the measure. As a result, the Conservation Collier Ordinance (Ordinance No. 2002 -63) was developed, with citizen input and County Commission approval, to respond to identified conservation needs and make conservation and protection of environmental resources into a real plan for the future. In November 2006 Voters were again asked in a referendum "straw vote" question whether they understood and approved that the Conservation Collier Program would be funded by a quarter mill ad valorum property tax for a period of ten (10) years, until 2013, expected to raise approximately $189 million as opposed to limiting it to a $75 million program. Eighty -two percent (82 %) of the respondents indicated that they understood the design of the Conservation Collier Program. Since 2004 the program has acquired 3,901.45 acres. A list of the property acquisitions and a map spatially depicting all property acquired through the program to date follows the ROSE section. OBJECTIVE 1.2: Protect designated recreation sites and open space from incompatible land uses through development of appropriate design criteria and land use regulations. Objective Achievement Analysis: Collier County recommends text remain. Objective is adequate to meet current protections for designated recreation sites and open space and the issue of incompatible land uses has not been an issue with the existing inventory of park sites. OBJECTIVE 1.3: Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. Objective Achievement Analysis: Collier County recommends the text remain. 3 Recreation and Open Space Element - ROSE Current objective embodies the need for public accessibility to facilities, open spaces and beaches. This priority has remained high on the agenda of the County since the 2004 EAR. n Policy 1.3.1: County -owned or managed parks and recreation facilities shall have automobile, bicycle and /or pedestrian access, where the location is appropriate and where such access is economically feasible. Policy Achievement Analysis: Collier County recommends text revisions. With HB697 -2008 energy conservation and efficiency requirements, the provision of energy efficient land use patterns, and strategies reducing green house gas, specific consideration should be given to alternative forms of transportation. Recommend amending policy to reflect: County -owned or managed parks and recreation facilities shall have automobile, bicycle and/or pedestrian access, where the location is appropriate and where such access is economically feasible, with specific consideration given to alternative forms of transportation that would reduce VMT and green house gas. OBJECTIVE 1.4: Continue formal mechanism to improve and coordinate efforts among levels of government and the private sector in order to provide recreational opportunities. Obiective Achievement Analysis: Collier County recommends text remains. The formal mechanisms in place ( Interlocal agreement process with the School District, Interlocal agreements with the state and municipal park providers and the land reservation through the public hearing process) is meeting the needs of the County to satisfy the current level of service requirements. n Policy 1.4.1: Through the land development review process, Collier County shall continue to encourage developers to provide recreation sites and /or facilities within residential and mixed use Planned Unit Developments (PUDs). Policy Achievement Analysis: Collier County recommends revisions to the text. Recommend policy to reflect the following change: Through the land development review process, Collier County shall continue to encourage developers to provide recreation sites and/or facilities within residential and mixed use Planned Unit Developments (PUDs), where appropriate. The policy revision is a simple reflection that park sites are not appropriate and/or feasible in all PUD request. Policy 1.4.2: Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such facilities and activities within, or adjacent to, Collier County. Said governmental entities shall include, but not necessarily be limited to: U.S. Department of Commerce, The National Oceanic and Atmospheric Administration U.S. Department of the Interior, The National Park Service 4 Recreation and Open Space Element - ROSE The Florida Department of Environmental Protection, Division of Recreation and Parks Florida Department of Agriculture and Consumer Services, Division of Forestry Lee County, Florida Hendry County, Florida Broward County, Florida Miami -Dade County, Florida Monroe County, Florida The South Florida Water Management District, Big Cypress Basin Board The Collier County School Board The City of Naples, Florida The City of Marco Island, Florida Everglades City, Florida The City of Bonita Springs, Florida Policy Achievement Analysis: Collier County recommends revisions. Deletion of everything in the policy after, "or adjacent to, Collier County. " The County does not see the value in listing the specific entity and would not preclude coordination with an entity that was not listed or designated per the Policy. Policy 1.5.1: Collier County shall maintain a current inventory of recreational facility commitments made by developers through the development review process. Policy Achievement Analysis: Collier County recommends revisions to the text. Current policy should be amended to include open space commitments as well as recreational facilities to inventory. Planning Commission (CCPQ Comment from August 25, 2010 EAR Workshop — Add "and usable open space" after "recreational facility" in existing policy. OBJECTIVE 1.6: Whenever possible and practical, utilize County owned property for recreational uses. Obiective Achievement Analysis: Collier County recommends text remain. Current objective continues to be relevant and allows for land inventory to be dedicated to parks use when deemed appropriate by the Board. 5 Recreation and Open Space Element - ROSE GOAL 2: THE COUNTY SHALL PROMOTE A NEIGHBORHOOD PARK SYSTEM TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COUNTY. Goal Achievement Analysis: Collier County recommends Goal be deleted OBJECTIVE 2.1: By the year 2010, the County Parks and Recreation Department will identify general areas where neighborhoods might request sites for future neighborhood parks. Obiective Achievement Analysis: Collier County recommends the Objective be deleted. Neighborhood Parks are not inventoried in the Annual Update Inventory Report and no level of service for their provision has been established by the County. Recommend policies related to the Neighborhood Park system be met at the LDC level. Policy 2.1.1: The Parks and Recreation Department will identify those sites or general areas for neighborhood parks with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy Achievement Analysis: Collier County recommends the policy be deleted. Neighborhood Parks are not inventoried in the Annual Update Inventory Report and no level of service for their provision has been established by the County. Recommend policies related to the Neighborhood Park system be met at the LDC level. Policy 2.1.2: The County shall amend the Land Development Code to require the developer of a residential PUD, or a PUD having a residential component, to provide its residents and guests with a suitable neighborhood park, as determined on a case -by -case basis, which is, as required by Policy 5.4 in the Future Land Use Element, compatible with the surrounding development. Policy Achievement Analysis: Collier County recommends the policy be modified and relocated to current Objective Three. Neighborhood Parks are not inventoried in the Annual Update Inventory Report and no level of service for their provision has been established by the County. Recommend policies related to the Neighborhood Park system be met at the LDC level. Additionally, this policy needs to be revised to delete the requirement of a "suitable neighborhood park" with the term recreational facilities and clarify the reference to Policy 5.4 of the FLUE to state, "as required by Policy 5.4 in the Future Land Use Element to be compatible with the surrounding development. Policy 2.1.3 New neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED), where these principles are appropriate and economically feasible. Neighborhood parks may also be co- located with churches, schools, or other recreational facilities. 6 Recreation and Open Space Element - ROSE Policy Achievement Analysis: Collier County recommends the policy be deleted. Neighborhood Parks are not inventoried in the Annual Update Inventory Report and no level of service for their provision has been established by the County. Recommend policies related to the Neighborhood Park system be met at the LDC level. Policy 2.1.4: The County shall investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of neighborhood parks. Policy Achievement Analysis: Collier County recommends the policy be deleted. Neighborhood Parks are not inventoried in the Annual Update Inventory Report and no level of service for their provision has been established by the County. Recommend policies related to the Neighborhood Park system be met at the LDC level. Policy 2.1.5: The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. Policy Achievement Analysis: Collier County recommends the policy be deleted. With the elimination of the Goal and Objective above related to neighborhood parks, this isolated policy no longer has a larger connection to the ROSE. The policy of encouraging the development of pedestrian pathways and bike lanes to park sites from surrounding residential development is still sound and good policy to better promote individual mobility options and promotes a healthy lifestyle, but the policy is already expressed in Policy 3.1.6 of the existing element GOAL 3: THE COUNTY SHALL DEVELOP A COMMUNITY AND REGIONAL PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Goal Achievement Analysis: Collier County recommends Goal be revised. The Goal needs to be renumbered to reflect the deletion of Goal 2 and expand upon the full integration of mobility options to the County's park system as suggested below. GOAL 2: THE COUNTY SHALL PROMOTE A PARK SYSTEM THAT INCLUDES REGIONAL, COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD (LOSS) CONTAINED IN THE CIE). OBJECTIVE 3.1: By the year 2010, the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural /Rural designated areas, Southern 7 Recreation and Open Space Element - ROSE Golden Gate Estates, and the outlying Urban Designated Areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). This plan will include the identification of future community and regional park sites (or general areas), park improvements, cost estimates, and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Objective Achievement Analysis: Collier County recommends text revisions. The County has been unable to complete the Parks Master Plan by 2010, but at the time of the transmission of the EAR to the Department, the majority of the work on the Master Plan will be in progress with the completion of the effort to occur in 2011. The policy will be revised to reflect the adoption of the Parks Master Plan by the Board of County Commissioners. Policy 3.1.1: The Parks and Recreation Department will acquire land to meet the needs of the Community and Regional Park Plan, including sufficient land to allow for a portion of these sites to remain in passive open space. Policy Achievement Analysis: Collier County recommends text revisions. The numbering will need to be changed to reflect deletion of Goal 2. The policy still reflects current intent related to meeting the needs of Community and Regional Park Acquisition. Policy 3.1.2: The Parks and Recreation Department will be responsible for the design and construction of all new community and regional parks. Policy Achievement Analysis: Collier County recommends text revisions. The numbering will need to be changed to reflect deletion of Goal 2. The Parks Recreation Department shall continue to be responsible for the design and construction of all new community and regional parks. Their professional knowledge concerning park design is essential in the development of these projects. The construction of all new facilities will be designed to satisfy the current Level of Service Standards contained in the ROSE and the CIE. Policy 3.1.3: The County shall continue to partner with Collier County Public Schools to co- locate parks in conjunction with new school sites as such sites are identified and developed and /or to provide County recreational programs at Collier County Public Schools' facilities. Policy Achievement Analysis: Collier County recommends text revisions. The numbering will need to be changed to reflect deletion of Goal 2. This policy meets current need and promotes the concept of co- location expressed within the Public Schools Facilities Element (PSFE) of the GMP. Policy 3.1.4: The County shall continue to update parks and recreation impact fees to keep pace with increased land acquisition and development costs for the establishment of community and regional parks. 8 Recreation and Open Space Element - ROSE Policy Achievement Analysis: Collier County recommends text revisions. The numbering will need to be changed to reflect deletion of Goal 2. In addition, recommend removing the text increased from the policy due to current economic environment and providing for a predetermination of market value. Policy 3.1.5: The County shall investigate the utilization of tax credits or other incentives to encourage property owners to dedicate land to the County to meet the recreational needs of community and regional parks. Policy Achievement Analysis: Collier County recommends text revisions. The numbering will need to be changed to reflect deletion of Goal 2. Current policy meets the needs of the acquisition of lands related to regional and community parks. Policy 3.1.6: The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites where general public access can be supported. Policy Achievement Analysis: Collier County recommends text revisions. The numbering will need to be changed to reflect deletion of Goal 2. Current policy meets the needs of the development of pedestrian pathways and bike lanes. Policy 3.1.7: By the year 2010, the Parks and Recreation Department and the Transportation Services Division will investigate the utilization of the existing canal and power line easements to create a greenway system within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural /Rural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). Policy Achievement Analysis: Collier County recommends text revisions. The numbering will need to be changed to reflect deletion of Goal 2. This effort has been initiated and will be integrated as a component of the Parks Master Plan. The policy may be revised further based upon the conclusion of the Master Plan effort. Pi Recreation and Open Space Element - ROSE n EAR -based GMP Amendments Conservation and Coastal Management Element — CCPC Transmittal Hearing Goals, Objectives and Policies Conservation and Coastal Management Element (COME) 1 -6 -12 GOAL 1: [Revised text, page 4] THE COUNTY SMALL CONTIN TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF Y —S THE COUNTY'S NATURAL RESOURCES. OBJECTIVE 1.1: [Revised text, page 4] Collier- G,.,,,,,-.. Continue to deve ep and implem°n.* maintain a comprehensive environmental management and conservation program,, ., to ensure that the natural resources, including State and Federally listed animal species; of within Collier the County are properly, appropriately, and effectively identified, managed, and protected. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.1.6: [Revised text, page 4] In those areas of Collies the County where oil extraction and related processing is an allowable use, such use is shall be subject to applicable state and federal oil and gas permits and Collies the County's non - environmental site development plan review procedures. Directional - drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on as of January 13, 2005, the effective date of this amendment to the Collier County's Comprehensive Plan, and regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Cellier the County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collies the County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. * ** * ** OBJECTIVE 1.2: * ** * ** * ** text break * ** * ** * ** * ** * ** [Revised text, page 5] Maintain the framework for an integrated, computer -based environmental resources data storage, analysis, and graphics system and annually update the databases based on a ' anal 4ieal n DRAFT Words underlined are added; words etFusk tbraug# are deleted. Policy 1.2.1• [New text, page 5] The County shall annually update the environmental resources databases based on the previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate * ** * ** * ** * ** * ** text break Policy 1.242: Policy 1.213: Policy 1.2.34• * ** * ** * ** * ** * ** [Renumbered text, page 5] [Renumbered text, page 5] [Renumbered text, page 5] Non -GIS -based data Ccollected shall be organized by established water -shed and sub -basin units. Policy 1.2.45: [Renumbered text, page 5] [Deleted text, page 5] , sha11 share infe m3afief an Feseufeess� eavir-en e11t�1 11i' nagef agene its— Aith etteF Federal, -S ate Regional, leetri --$i3d p.- rvate7 The Geui� -$�tt �\ benefits of the update refA eeepefate iNith these ether- entities when arYFt- E1�tifins and the its in general system may be shared varith 11 system updating system order- + a tha4 the YY Y li�' VL3 ti OBJECTIVE 1.3: [Revised text, page 5] , 1999, the Geunty4ias eempleted the phased delineation, data gathering, management guidelines and implefaent4ion ef the Stewar-dship Sending Areas that A411 funetien to pFe4eet large efivir-omflefita4 Systems. Pufsuant to the '?!' -'-g pow- 'ter' - PProtect identified environmental systems through the Natural NR Resource Protection Area f PA) and Rural Lands Stewardship programs. Policy 1.3.1: [Revised text, page 6] The pufpese of The NRPA program iS4e shall direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The program wi14 shall include the following: DRAFT Words underlined are added; words stfusk thFough are deleted. 2 a. Identification of the NRPAs s i map and mapping of NRPAs as an overlay to the Future Land Use Map; (During the Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, Belle Meade, a portion of the Northern Belle Meade shall be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA. The specific boundaries have been identified as NRPAs on the Future Land Use Map.) b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria for the NRPAs are those contained in the NRPA Overlay within the Future Land Use Element. d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from, and support, State (e.g. g.CARL, Snv ` and/or Federal land acquisition programs for County areas qualifying as NRPAs. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** [Revised text, page 6] .. 10, aml Policy 4-.X3 1.3.4: [Renumbered text, page 6] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 2: [Revised text, page 4] THE COUNTY SHALL TO PROTECT ITIS THE COUNTY'S SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1: [Revised text, page 7] By januaFy 2008, the Geunt�, shall eemplete the p6er-itizatien and begin the Prepareing Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. The pr-eeess shall eensist of (' ` an ° ,,,'.hgiefi of areas for- wh' l- DRAFT Words underlined are added; words struck k t#Foagh are deleted. 3 greatest and :,A4!1 impaet the greatest amount of wedand and listed speeies habitats. The sehedule and priorities shall alse be coer-dinated A4� the Fedeml and State ageney plafts that address Total Mwiknum Daily Leads (TA4DLs). Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re- development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (February 2006) and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Sub - element Policy 6.2 and 6.3, respectively; b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. C. Floodplain storage compensation shall be evaluated for developments within the designated Flood Hazard Area (flood zones starting with the letter "V" or "A ", " ^ E", and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date of November 17, 2005. Floodplain storage compensation shall also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. d. All development located within areas identified on Figure 1 shall be evaluated to determine impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a continual preponderance of wetland or wet facultative plant species and a ground elevation through the major portion of the natural wetland, flowway, or slough at least one (1) foot lower than the ground at the edge of the natural wetland, flowway, or slough. The edge of the natural wetlands, flowways, or sloughs shall be identified by field determination and based upon vegetation and elevation differences from the adjacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin as outlined in Ordinance 2001 -27, adopted May 22, 2001 which amended the County Water Management Policy and provided basin delineations where special peak discharge rates have been established. The limiting discharge rates will be reviewed as a part of the Watershed Management Plans, and modified according to the analyses and findings of the Watershed Management Plans. e. All new development and re- development projects shall ensure surrounding properties will not be adversely impacted from the project's influence on stormwater sheet flow. f. Prior to the issuance of a final development order, the County shall require all development projects to obtain the necessary state and federal environmental permits. g. Within one year of the effective date of these amendments, the County shall adopt land development regulations to require Best Management Practices of future development or re- development projects. Best Management Practices means structural and non - structural facilities or practices intended to reduce pollution either through source control or treatment of stormwater. Figure 1. Restoration Project Areas Where Interim Development Standard 2.1.d is Applicable [See Figure 1 following CCME text] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** /1• DRAFT Words underlined are added; words 6tru&4hfod are deleted. 4 Policy 2.1.7: [Revised text, page 9] Gellie The County shall take the lead and promote coordination between the GeufAy other governmental agencies involved with watershed planning, including, but not neeessar-il limited to, the municipalities of Marco Island, Naples and Everglades City, the Florida Department of Environmental Protection, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and other governmental agencies. The County -•n" take the shall continue to lead and oversee the preparation of the necessary watershed management plans, and will rely upon the work performed and/or data collected by other agencies, to the extent that these agencies have data and/or experience, which may be useful within the watershed basin planning and management process. OBJECTIVE 2.2: [Revised text, page 9] Re wire Aall canals, rivers, and flow ways discharging into estuaries shall to meet all applicable Federal, State, or local water quality standards. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.2.2: [Revised text, page 9] In order to limit the specific and cumulative impacts of stormwater run -off, stormwater systems sheial shall be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage into wetlands are encouraged. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.2.5: [Revised text, page 9] The County, in coordination with the South Florida Water Manaaement District and the Florida Department of Environmental Protection, shall develop and implement a plan to require By Deeember- 3,, 2004, aftd no loss than every 4ffee year-s, stormwater management systems shall be inspected and, if feasible, certified by a licensed Florida professional engineer for compliance with their approved design, and any deficiencies shall be corrected. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2.3: [Revised text, page 9] Develop and implement a plan, in coordination with the Florida Department of Environmental Protection, to ensure Aall estuaries shall meet all applicable federal, state and local water quality standards. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words struck through are deleted. 5 Policy 2.3.4: [Revised text, page 10] The Count shall_ Econtinue to implemefA a refine a water quality and sediment monitoring program for the estuarine system. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.3.6: [Revised text, page 10] The County will shall only allow development activities which will not adversely impact coastal water resources. This is shall be implemented through the following mechanisms: a. Require all applicable Federal and State permits addressing water quality to be submitted to Gellief the County before Co'l'lie: Count), ism issuance of a Final Development Order. b. Excluding single family homes, any project impacting 5 acres or more of wetlands mast shall provide a pre and post development water quality analysis to demonstrate no increase in nutrient, loading in the post development scenario. e. By jaRuafy 2008, the GeupAy shall wide.-ake an assessment. of the euffent model used to eva4twte pre and post develepmefA pollutant loadings r-efer-eneed in (b) of this PeNey. At -a the puTese ef this assessniei:A will be to vefify the aeeuf-aey ef the model and to the medel, the Geui#y will inelude an evaltffitien of +—I-.- __A___6ea of lake depths �A4th time an pestieides. The results of the assessfnefft and r-eeefrimendatiens regarding the pollutant leading menit ififfig shall b_­ presented to the Board of County Commissiefler-s fer- fiR4her- dir-eefien * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2.4: [Revised text, page 11] Colder -County shall - eefte tTakeiffg a coordinated and cooperative approach with the Florida Department of Environmental Protection (FDEP) regarding environmental planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. kAs part of this process, the County shall continue to notify FDEP of development projects within the watersheds of these preserve areas.) * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stFYsk-t#feagh are deleted. 6 OBJECTIVE 2.5: [Revised text, page 11 ] The Gaul y -_„" e-Continue die to implement it's. the estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Policy 2.5.1: [Revised text, page 11 ] The County shall continue to Iidentify land use activities that have the potential to degrade the estuarine environmental quality. Policy 2.5.2: [Revised text, page 11 ] Theis estuarine management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5.3: [Revised text, page 11 ] Thei-s estuarine management program shall, in part, continue to be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. GOAL 3: [Revised text, page 12] THE COUNTY SHALL TO PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL OBJECTIVE 3.1: [Revised text, page 12] Gfound water ,,,,.,':t., sh mMeet all applicable Federal and State rg ound water quality standards. and ter- quality shall monitored in ewe ground water quality to determine whether development activities are contributing to the its degradation County's Gr-eund water- data and land use ae4i S; —Assessed afmually to detefmine long tefm trends a whethef the Ceunt�, is meeting Federal afid State r-egulatelT standards for- gfetmd water- qtWit�,. The CaufAy sha4l require ground water- meniter-ing of land uses in aeeer4anee with Chapters 62 520,--62- degr-ad4ien determined through the faeniter-ing pr-eeess, the County will notify regulatory Policy 3.1.1: [New text, page 12] Ground water data and land use activities shall be assessed annually to determine long -term trends and whether the County is meeting Federal and State re ug latory standards for ground water quality, DRAFT Words underlined are added; words stfusk through are deleted. 7 WN 1-0 M11111i11 111M. Policy 3.1.1: [New text, page 12] Ground water data and land use activities shall be assessed annually to determine long -term trends and whether the County is meeting Federal and State re ug latory standards for ground water quality, DRAFT Words underlined are added; words stfusk through are deleted. 7 Policy 3.1.2• [New text, page 13] The County shall require ground water monitoring of land uses in accordance with Chapters 62 -520 62 -550 and 62 -777 of the Florida Administrative Code Upon the detection of any around water degradation determined through the monitoring_ process the County shall notify the appropriate regulatory agencies. Policy 3.1.3• [New text, page 13] The County shall maintain its groundwater monitoring network by coordinating with various state agencies and private land owners to create a comprehensive inventory of monitoring wells,an assessment of monitoring wells previously damaged, and provide for appropriate well repairs and replacements. Policy 3.1.44: [Renumbered and Revised text, page 12] Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W -1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W -2 is the land area between the W -1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield). c) W -3 is the land area between the W -2 boundary line and the twenty -five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W -4 is the land area between the W -3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones. b) Future solid waste transfer stations: prohibited in W -1, W -2, W -3. c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes: prohibited in W -1, W -2, W -3. d) Future non - residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W -1, W -2, W -3. e) Future domestic wastewater treatment plants: prohibited in W -1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W -1 and W -2, conditional use required in W -3 and W -4. i) Future on -site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W -1 subject to complying with construction n standards and provision of an automatic dosing device and a low- pressure lateral distribution. DRAFT Words underlined are added; words stRGk4liFw�ffi are deleted. 8 j) On -site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W -1, W -2, and W -3 shall meet all construction and operating standards contained in 64E -10, F.A.C. as the rule existed on August 31, 1999 and shall implement a ground water monitoring plan. 3. Conditional uses referenced within this policy shall be granted only in extAer-di y Anil whenre development impacts of the developffle will be isolated from the Surficial and Intermediate Aquifer. Policy 3.1.5 [New text, page 13] The Countv shall coordinate with the South Florida Water Management District and the Big Cypress Basin in the development and implementation of a salt water intrusion monitoring _program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3.2 [Revised text, page 13] The r,,, my shall implement , Continue the well construction compliance program tmde based upon criteria specified in the Collier County Well Construction Ordinance, d to ensure proper well construction of wells and promote aquifer protection. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3.3: [No change to text, page 13] Continue to identify, refine extents of, and map zones of influence and contribution around potable ^ wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub - Element.) * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3.4 [Revised text, page 14] Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 4-.3 in the Natural Ground Water Aquifer Recharge Sub - Element.) Policy 3.4.1: [Revised text, page 14] GcvfAinue tThe existing water quality monitoring program shall continue to provide base -line data, evaluate long -term trends — including salinity alinity trending, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stFUSk thFeugh are deleted. 9 Policy 3.4.4: [Revised text, page 14] The County, in coordination with the South Florida Water Management District and the Big Cypress ^ Basin, shall Ggather and use appropriate data to refine and improve the database used in the County's 3- dimensional ground water model. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 4: [Revised text, page 15] THE COUNTY S&AcLL TO CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: [Revised text, page 15] Collect and evaluate data and information designed to more accurately determine water use in the Collie County raenstmVtive use pefmits. —e- fls and wells having Policy 4.1.1• [New text, page 15] The County shall track all permitted wells and wells having consumptive use permits Policy 4.142: [Renumbered text, page 15] Policy 4.1.33: [Renumbered and Revised text, page 15] The County, in coordination with the South Florida Water Management District shall Wwork with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.34: [Renumbered text, page 15] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 5: [Revised text, page 16] THE COUNTY SIL4" TO PROTECT, CONSERVE AND APPROPRIATELY USE ffs THE COUNTY'S MINERAL AND SOIL RESOURCES. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 5.3: [Revised text, page 16] The- Gellier- C +� g• Q e T,,,_,...._ nt _,_,� - periodically assess the types, � ""� '�''� � quantities and location of minable mineral resources within Cellier the County. DRAFT Words underlined are added; words 6#u&41 � are deleted. 10 Policy 5.3.1: [Revised text, page 16] The C -elllie County's Engineering Review Services Depart Section shall work with the Florida Department of Environmental Protection, the Florida Geological Survey and local mining industry officials to inventory and assess the existing mineral reserves in Collier County. The inventory and assessment will shall incorporate use of a GIS -based database of all areas within the County that are permitted, either by right, or through a conditional use permit, to conduct mineral extraction operations as well as the volume of fill that is permitted to be removed for each such active mineral extraction operation. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 6: [Revised text, page 18] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: [Revised text, page 18] The Geun�y shall Protect native vegetative communities through the application of minimum reservation requirements. The following pelieies provide ^riter -i to make this ebjee4ivo b (These policies under this Objective shall apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay.) Policy 6.1.1: [Revised text, page 181 For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural- Industrial District and Rural- Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single- family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. DRAFT Words underlined are added; words 6tFuGk thFoegh are deleted. 11 Coastal High Hazard Area Non - Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres. 10% Residential and Mixed Equal to or greater Equal to or greater than 5 acres Use Development than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 ac. 25% DRAFT Words underlined are added; words 6tFuGk thFoegh are deleted. 11 The following standards and criteria shall apply to the vegetation retention requirements referenced above. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7. 1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless permitted for impact pursuant to Policy 6.2.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62 -345, F.A.C. DRAFT Words underlined are added; words stFuGk threugh are deleted. 12 ,n Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- Industrial District only) 50 %, not to exceed 25% of the project site. 50 %, not to exceed 25% of the project site. The following standards and criteria shall apply to the vegetation retention requirements referenced above. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7. 1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless permitted for impact pursuant to Policy 6.2.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62 -345, F.A.C. DRAFT Words underlined are added; words stFuGk threugh are deleted. 12 ,n d. Any upland habitat that serves as a buffer to a wetland area as identified in Paragraph (4)c. above, e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Loss of function to the preserve area includes a reduction or a change in vegetation within the preserve and harming any listed species present in the preserve. More specific standards that implement this policy shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts the naturally occurring, native vegetation, to include the loss of the minimum required vegetation acreage and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter 62 -302. F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). State and federal management plans consistent with the requirements of the LDC will be accepted. (7) Until the land development regulations addressed in Pokey 6.1.1(11) are , granted for- par-eels that eamiet r-easenably aeeeffffnedate both the pr-esei_q,�46,_AR ffire-a and th-e proposed aetiv ty Criteria fpI allowing the exeeptions inelude- (a) the JKl Y 1 Y LLV111 Ly of the native V Y >VgV , (b) Aqaer-e the eNisting vegetation required by this peliey is leeated where proposed 7 ar"v�GiCQC S1T —vV ee st ata (ground never— , shfubs r� trees), utilizing larger- plani m-Ratte-r-i-Als sa as to more quiekly fe ere4e the lost Ralufe vegetation. (7) All State and Federal parks, preserves and forests are subject to compliance with the minimum native vegetation retention requirements-, however, such lands are not required to be designated as preserves, encumbered with conservation easements or subject to the establishment of preserve management .Clans. (8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt \ from this requirement. DRAFT Words underlined are added; words stfuskthrough are deleted. 13 (9) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (10)Witbin -ene yeaF of the e€€ee-tive- date -e �zendments-, tThe County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off -site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on -site will be preserved and appropriately managed off -site. (11) Right of Way acquisitions by any governmental entity for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area, shall be exempt from mitigation requirements. (12) Although the primary intent of this Policy is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. Within one year of the effective date of these amendments, the County shall adopt land development regulations to determine the circumstances for when creation or restoration is allowed and to specify criteria for creation and restoration. (13) The County may grant a deviation to the native vegetation retention requirements of subsections 2, 4, 5, 10, and 12 of this Policy, and eKeept -fer the Native Vegetation Retention Requirements Table, and provisions i n ,� , 2 3 6 d 7.�- oneye�fe , LLL 1 , , ��i of . et-ye date of these amendments, the County shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing, or may be granted administratively. n The County may grant a deviation if. DRAFT Words underlined are added; words stfask-thFough are deleted. 14 a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or b. On or off -site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. (14) Industrial zoned parcels which, pursuant to the table within this Policy, would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels, unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less. Policy 6.1.2: [Revised text, page 21 ] For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following minimum preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation present, not to exceed 70% of the total site area, shall be preserved. Additionally, for residential development in Section 24, if the dwelling units are not clustered, a minimum of 90% of the slash pine trees present shall be retained. Further restrictions are identified in the North Belle Meade Overlay in the FLUE. [The preceding 2 sentences in italics were adopted 1/25/07 but will NOT be applied or implemented by Collier County. They relate to text in the Future Land Use Element's North Belle Meade Overlay that was found to be "not in compliance" by the Florida Department of Community Affairs in letter dated 5/1/07.] c. Non -NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15- foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be DRAFT Words underlined are added; Words &Wk t#fodgh are deleted. 15 considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under - story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co- located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover, emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of n the site by listed species or the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7. 1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element; d. Any upland habitat that serves as a buffer to a wetland area, as identified in (4)c. above. e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Criteria identifying what constitutes a loss of function shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts on the naturally occurring, native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter, 62 -302 F.A.C. and will n DRAFT Words underlined are added; words GtFUGk thFeugh are deleted. 16 conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for all preserve areas identified by specific criteria in the ^ land development regulations to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). (7) Off -site preservation shall be allowed to provide flexibility in the project design. a. Within Receiving and Neutral Lands, off -site preservation shall be allowed for up to 50% of the vegetation retention requirement. 1. Off -site preservation areas shall be allowed at a ratio of 1:1 if such off -site preservation is located within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Within non -NRPA Sending Lands, off -site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. 1. Off -site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3:1. c. Off -site preservation shall not be allowed in NRPA Sending Lands. (8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. (9) On -site preservation areas shall also conform to the Open Space requirements as specified in the ^ Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. (10) Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; (11) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (12) All State and Federal parks preserves and forests are subject to compliance with the minimum native vegetation retention requirements; however, such lands are not required to be designated as preserves, encumbered with conservation easements or subject to the establishment of preserve management plans. 0 3) Industrial zoned parcels which pursuant to the table within Policy 6 1 1 would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words &u&41 # are deleted. 17 Policy 6.1.6: [Revised text, page 24] Exemptions fief, the native vegetation r-etepAien is of GGME Pency -oT2- The minimum native vegetation retention requirements of Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use or- ne- petition was approved by the County prior to June 19, 2002; or, or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include on -site expansions of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S ( +/ -360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 6.2: [Revised text, page 25] The County 4a" ^Protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following ing po ide er-iter-ia to make- this objeetive The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element.) Policy 6.2.1 [Revised text, page 25] ^ equiredby Fier:a., n str-atiye -Cede W5 c 006�i)(b) y the 1994 oc �-r �z, , wWetlands identified b �� the current SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. For a proposed project identified on this map series, These areas shall be verified by a - isdie4ien field delineatien, subjeet to Pokey 6.2.2 of this eiefnei4, at the time of pr-ejeet pennitt-ing to detefmine the exact location of jurisdictional wetland boundaries shall be verified by a jurisdictional field delineation subject to Policy 6.2.2 of this Element at the time of Environmental Resource Permitting. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 6.2.5: [Revised text, page 29] Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the Immokalee Urban Designated Area, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment DRAFT Words underlined are added; words stFUseYgh are deleted. 18 described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: a. The acreage requirements of Policy 6.1.2 of this element shall be met by preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (2) of this policy. Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a WRAP score greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score of greater than 0.7 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. (2) In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg - 001, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation Assessment Method, F.A.C. Chapter 62 -345. The applicant shall submit to County staff, agency accepted WRAP scores or Uniform Wetland Mitigation Assessment Method scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph (1) above. (3) All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of this policy. (4) Single family residences shall follow the requirements contained within Policy 6.2.7 of this element. (5) The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50 -foot vegetated upland buffer adjacent to a natural water body, and for other wetlands a minimum 25 -foot vegetated upland buffer adjacent to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50 %. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; DRAFT Words underlined are added; Words stFUGk thfoug# are deleted. 19 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. e. A structural buffer may consist of a stem -wall, berm, or vegetative hedge with suitable fencing. (6) Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. a. Mitigation Requirements: 1. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less than the acreage being impacted. 2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 3. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. 4. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (6)a.1, (6)a.2, and (6)a.3 of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. 5. Mitigation requirements for single - family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Policy 6.2.7 of this element. b. Mitigation Incentives: 1. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and vegetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited, to the following: (a) Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed Use District Sending Lands, (b) Creating, enhancing or restoring wading bird habitat to be located near wood stork, and/or other wading bird colonies. 3. Within one (1) year of the effeetive date of these amendments, Collier- County shall adopt speeifie er-itefia in the LPG to implement this ineeiAive pr-egfam, and to ideR44Y other- mitigation priorities-. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words StFask through are deleted. 20 GOAL 7: [Revised text, page 35] TO PROTECT AND CONSERVE IT-IS THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: [Revised text, page 35] The County shall _'Direct incompatible land uses away from listed animal species and their habitats. kThe County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A- 27.004, and 68A- 27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.1.2 [Revised text, page 36] Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non - agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission ( FFWCC) and U.S. Fish and Wildlife Service ( USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors 1. Management guidelines contained in publications utilized by the FFWCC and USFWS as their technical assistance shall be used for developing required management plans The fellewing r-efer-enees shall be used, as appr-epr-iate, to prepare the requir-ed management plffi�' a. South Ller- id Mu i Speeies Reed I' Plan, T SFAIQ , !999-. 1 14abitat Management Guidelines for- the Bald Eagle II the Southeast n , USFAIS i 987. DRAFT Words underlined are added; words strusk thFough are deleted, 21 D.,pul tiers f ,,,,d an hands Slated for- e Seale Development in Fier -i T 1, 1 De.. ,.t No n Fier-id (_.,me ,1 t; «,,s xIlateF Fish !'�eEmn ,.,..__ 194'7 ,� �r�,.,,y: a � �. i �rrorrazr�azrrrmictr�r�rtT -T��_YL- ater�Yati �tilYittii�.rtlit� t�tl and Deyelepment- Fcelatett�itat- Requir -em rzx+ss of the Florida C 1. T (Apheleeefaa seeruleseefis}— Tecl*ie- al Regeft -Ale. Water- Fish reffi .,,issi ,., 1991 a Eeelegy ,,..a Habitat Pr -etee e.. Needs ,.f the Seut °rite. n...,e..:,.a rrest..el (F al ... i..... a.�sJ waaa alu.Vau,aa. a avwvaavla l�vv Spar- ,erius Patdus) on bar-ge-seale Deyelepme t Sites in Fier -ida; -rte engaffle ice ineai Repeft N 13, x Feria n.,....e a Fees II7..ter- Fish n,.._....,:..sio 1992 .,Y�a � a , o- ��on�t- � =�atvrrr�n- �,rnrrrr�- .�nyr��» . 2. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subject to the provisions of paragraph (3) of this policy. 3. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requirement contained in Policy 6.1.1 and Policy 6.1.2 this element. The County shall also consider the recommendations of other agencies, subject to the provisions of paragraph (3) of this policy. (b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on -site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi - Species Recovery Plan, May 1999, subject to n the provisions of paragraph (3) of this policy. (d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (e) For the red - cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear -proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impaefin habitat suitable for- bl ek bear- shall be , si e. e, in the management plan. (g) For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed DRAFT Words underlined are added; words stFUGk through are deleted. 22 Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire- adapted preserved vegetative communities and provide browse for white - tailed deer. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (h) In order to protect loggerhead ( Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of Policy 7.1.2(3). (i) The Management Plans shall contain a monitoring program for developments greater than 10 acres. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. Policy 7.1.3 [Revised text, page 38] For- the Gount.,'s R „ «.,1 Lands Stewar- dsh.ip Axan (RLSA) A) O 1 y , as a ig 1LL+ VLL a VT +L, F UN4, 1Listed { species within the Rural Lands Stewardship Area (RLSA) shall be protected pursuant to the RLSA Overlay RLS A policies f6un within the Future Land Use Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.1.6: [Revised text, page 381 The County shall continue to evaluate the need for the protection of listed plants and within one ( of the °ff °tive date oft is ., °ra.,,..° + adopt land development regulations, as needed, addressing the to protection -of listed plants. OBJECTIVE 7.2 [Revised text, page 38] Histerieal data from 1990 1996 shows that the aver-age number- of manatee deaths in Collier- Gount� due to ineidents with w*er-er-aft is appr-oximately 3.2 per- year- pef 10,000 beats. Thfough Pokeies 7.2.1 4ffeugl 7.2.3 the County's - ebjee-titiLe is to - fnMinimize the number of manatee deaths due to boat related incidents. (Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County, due to incidents with watercraft is approximately 3.2 per year per 10,000 boats * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 7.3: [Revised text, page 39] Analysis of historieal da4a ffent 1996 1999 shows that the aver-age ntffnbef of sea tw4le disorientations the f l! &A ng policies the County', objeetive is to Minimize the number of sea turtle disorientations. DRAFT Words underlined are added; words stFurak through are deleted. 23 (Analysis of historical data from 2005 — 2009 shows that the averaje number of sea turtle disorientations is a pproximatelyequal to 4% of the hatchlings from all nests in the County.) Policy 7.3.1: [Revised text, page 39] The County shall apply the lighting criteria contained in Policy 7.1.2(2 #)Lhj of this eElement in order to protect sea turtle hatchlings from adverse lighting conditions. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 7.4: [Revised text, page 39] T"° r euRty shall eContinue to improve marine fisheries productivity by enhancing existing artificial reefs and building additional artificial reefs. Policy 7.4.1: [Revised text, page 39] The County shoul shall continue to apply for reef construction grants and/or other available or similar funding and annually place more materials on the existing permitted sites. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 9: [Revised text, page 41 ] T-14E COUNTY SHALL TO APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. �` OBJECTIVE 9.1: [Revised text, page 41] The Ceu*t�, shall impleme Maintain and update biennially a hazardous materials emergency response element as part of its the County's Comprehensive Emergency Management Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 9.1.6: [Revised text, page 41 ] An emergency response training program shall be developed maintained for emergency response personnel. Policy 9.1.7: [Revised text, page 41 ] The Collier County Bureau of Emergency Services Management DepaAment shall be responsible for developing, implementing, and evaluating the effectiveness of the Comprehensive Emergency Management Pplan, including periodic updates. OBJECTIVE 9.2: [Revised text, page 41 ] The G,,, nt3, shall =Verify the management and disposal practices of identified businesses that are le—N potential generators of hazardous waste, at a rate of 20% of these businesses per year. DRAFT Words underlined are added; words atfUsk through are deleted. 24 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 9.2.3: (Revised text, page 421 The Collier County Pollution Control and Prevent Department shall weEk with the Fier-ida - raw = = - = A of Efw - e=u = - - - =a_ P_et- e__e__� maintain its fie w cooperative agreement with the Florida Department of Environmental Protection between the !` °.,.,.t.. and > DEP The puTese of this agr-°°..,., °„t shall to ensure regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous waste management regulations. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 9.4: [Revised text, page 42] The County shall eenAinue to iffiplemen4 'ti Maintain the County's local storage tank compliance program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 9.4.3: [Revised text, page 42] All storage tank systems in Collier the County shall adhere to the provisions of Section 62 -761 or 62- 762, Florida Administrative Code (F.A.C.) as applicable. Unless eth f . Seetion 62 761, ., individual stafage tank systems shall adhere te the previsions of Seet4efi 62 system. 76 1, F.A.C., in eff-eet at the time of approval ef the storage tank * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 10: [Revised text, page 43] THE COUNTY SIL4,LL TO PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE IT-!S THE COUNTY'S COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND M4LL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: [Revised text, page 43] Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria.) Policy 10.1.1: [Revised text, page 43] The County shall Pprioritizees €er water - dependent and water - related uses as follows shall be: a. Public recreational facilities over private recreational facilities; b. Public Boat Ramps; DRAFT Words underlined are added; words strusk through are deleted. 25 C. Marinas 1. Commercial (public) marinas over private marinas; 2. Dry storage over wet storage; d. Commercial fishing facilities; e. Other non - polluting water - dependent industries or utilities; f. Marine supply /repair facilities; g. Residential development. Policy 10.1.2: [New text, page 43] Identify recreational and commercial working waterfronts and then investigate strategies for possible implementation, as feasible, to ensure protection and preservation of those waterfronts. Policy 10.1.23: [Renumbered text, page 43] Policy 10.1.34: [Renumbered text, page 43] Policy 10.1.45: [Renumbered text, page 43] Policy 10.1.66: f Renumbered and revised text, page 441 Marinas and all other water - dependent and water - related uses shall conform to all applicable regulations regarding development in marine wetlands. Marinas development that includes depea ePA/ •�°t°~ relate'' • es that propose te- destfe the destruction of marine wetlands shall provide uvi✓vnasa. for general public use. (Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in subsection 62- 301.200(3), F.A.C., "Submerged Marine Species. ") Policy 10.1.67: [Renumbered and revised text, page 441 For development of Aall new marinas, water - dependent and water - related uses that propose to destroy viable, ~°t,,,.°»y funetioni g marine wetlands, the applicant shall be required to perform a fiscal analysis in order to demonstrate the public— befiefit and financial feasibility of the proposed development. Policy 10.1.478: OBJECTIVE 10.2: [Renumbered text, page 43] [Revised text, page 44] The County shall ~tine to ;Ensure that access to beaches, shores and waterways remain available to the public and continue with ids the County's program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: [Revised text, page 44] Existing aeeess for t''° public to the beach access shall be maintained by new development. New beachfront development shall show on their site -plans existing beach access ways and the proposed DRAFT Words underlined are added; words 6tFUGk thFeugh are deleted. 26 development shall continue that access way, relocate it on the site as deemed appropriate by the County, or donate it to the County. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 10.3: [Revised text, page 45] Maintain JJundeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources System, predominantly in their natural state and protect, maintain and enhance their natural function shall b° eteeted maintained a h a v Ya , * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 10.4: [Revised text, page 46] Develnped —eeast d - develeped shorelines be eentinuedte- be— r_Restored and then maintained, when appropriate, developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and -A4ieh help i restoresatien of the natural functions of coastal barriers, including and-a€fected beaches and dunes. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 10.5: [Revised text, page 48] For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and aesthetic enjoyment of coastal resources_ This shall be accomplished by protecting beaches and dunes and by utilizing existing construction standards, or where necessary, establishing new construction standards, which will minimize the impact of manmade structures on the beach and dune systems. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 10.6: [Revised text, page 49] The Geui y shall eConserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 10.6.2: [Revised text, page 50] The owners of Eer shoreline development projects where that require an EIS is required, shall provide an analysis shall that demonstrates that the project will remain fully functional for its intended use after a six -inch rise in sea level. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added: words StFUGk through are deleted. 27 GOAL 12: [Revised text, page 52] THE COUNTY SHALL TO MAKE EVERY REASONABLE EFFORT TO ENSURE THE n PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE 12.1: [Revised text, page 52] The Gouffty A411 _aintain hurricane evacuation clearance times as required by state law. An evacuation clearance time shall be defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e., winds equal to or greater than 39 mph. To further thisese objectives, for future mobile home developments located outside of the storm surge zone, such development shall include on -site sheltering or retro- fitting of an adjacent facility. The Collier County Bureau of Emergency Services Management DepaAment shall seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. Policy 12.1.1: [Revised text, page 52] Collier The County mill shall develop continue to enhance and maintain a comprehensive public awareness program. The program will be publicized prior to May 30"' of each year. Evacuation zones, public shelters and evacuation routes shall be printed i provided to each local newspaper, displayed on the Collier County Bureau of Emergency Services' Management website, and the availability of this information will be discussed on local television newscasts. This information shall also be made readily available to all hotel /motel guests. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.1.3: [Revised text, page 52] The County shall continue to identify and maintain shelter space for 32,000 persons by 201206 and 45,000 by 20154 -0. Shelter space capacity w11 shall be determined at the rate of 20 square feet per person. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.1.5: [Revised text, page 52] On -site shelters within mobile home parks or mobile home subdivisions shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level, based upon the must current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and structures designated as "essential facilities" in the latest Florida Building Code, shall guide the design and construction of the required shelters. Shelters shall be constructed with emergency electrical power and potable water supplies; shall provide glass protection by shutters or other approved material /device; and shall provide for ventilation, sanitary facilities and first aid equipment. A telephone, automatic external defibrillator (AED) and battery- operated radio with NOAA weather Specific Area Message Encoded capability are also required within the shelter. DRAFT Words underlined are added; words stfack-thFough are deleted. 28 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.1.7: [Revised text, page 53] The County., in coordination with the municipalities within the County, shall update the hurricane evacuation portion of the Collier County Comprehensive Emergency Management Plan prior to June Is' of each year by integrating all appropriate regional and State emergency plans in the identification of emergency evacuation routes. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.1.9: [Revised text, page 53] Collier The County through its Local Mitigation Working Group shall annually update its approved llazar- d Local Mitigation Strategy Pte; formerly , a&w% as the `°T a uazar- r, i figa4 St " through the identification and review of new or ongoing local hazard mitigation projects and including, identifying the appropriate funding sources for such projects. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.1.11: [Revised text, page 53] The County will shall continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (49-93 2007). Policy 12.1.12: [Revised text, page 53] The County wi11 shall continue to work with the Board of Regents of the State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (4999 2007) and the Florida Building Code. Policy 12.1.13: [Revised text, page 53] The County wi11 shall continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants, Hazard Mitigation and Pre - disaster Mitigation Grant Programs funding, and 4am available funds identified in the State's annual shelter deficit studies. P"""" 12.1.44- [Deleted text, page 53] DRAFT Words underlined are added; words stFusk##reugh are deleted. 29 Policy 12.1.145: [Revised text, page 55] All new nursing homes and assisted living facilities that are licensed for- fner-° than 15 elients A411 shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ( "State Requirements for Educational Facilities," 2007 4999). Additionally this area shall be capable of ventilation or air conditioning provided by back -up generator for a period of no less than 48 72 hours. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.1.16-7: [Revised text, page 541 Collier ` t- y is waaua `' ti NuFFieane E atio Study, If warranted by the results of that study, Hurricane Evacuation Studies that are periodically conducted by the State of Florida and/or Federal Authorities, further restriction on development may be proposed. OBJECTIVE 12.2: [Revised text, page 541 The CeunPf ,h.,,, °Ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: a. Construction above the flood plain; b. maintaining a protective zone for wildfire mitigation; c. installation of on -site permanent generators or temporary generator emergency connection points; d. beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; e. emergency road repairs; f. repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls, etc. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.2.5: [Revised text, page 55] The County shall consider the Coastal High Hazard Area as a geographical area lying below the elevation of withi the Category 1 storm surge line zone as presently defined in the 2011 2-04 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency Management Department and approved by the Board of County Commissioners. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 12.3: [Revised text, page 55] The County shall aDevelop and maintain a task force that will plan and guide a unified County response to post - hurricane disasters. DRAFT Words underlined are added; words e#FUGk thFough are deleted. 30 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.3.2: [Revised text, page 55] " hufr4eane tha4 neeessitated an evaeua4ion-, Qhe Board of County Commissioners shall meet to hear preliminary damage assessments after a hurricane that has necessitated an evacuation. This will be done p.ie -- to —r_ _.AH�Y of the peptilation. At that time, the Commission wi14 gjay activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff of Collier- re the and virenmen er-viees Growth Management Division Administrator, the Apr- ehensi-ve Planning ee4er; the Land Development Services Revie Director, the Bureau of Emergency Services Manage"'** Director and other members as directed by the Board of County Commissioners, such as. TheBoar-d should a4ro inelud-e representatives from municipalities within Collie the County that have received damage from the a storm to beee ::e Enembe -s of the Reeeve 111V131 W Task Fvitiz. * ** * ** OBJECTIVE 12.4: * ** * ** * ** text break * ** * ** * ** * ** * ** [Revised text, page 56] The County shall make every reasonable effort to meet the emergency preparedness requirements of peeple Persons with 6&ecial nNeeds such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large -scale disaster, the County Emergency Management Department in coordination with the County Health Department and other officials shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. Ezza * ** * ** * ** * ** text break * ** * ** * ** * ** * ** EAR based amendments -CCME — CCPC Transmittal Hearing 1/26/12 G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSICCPC TransmittaRElements\CCME -MM DRAFT Words underlined are added; words struek threugh are deleted. 31 Assessment of the Successes and Shortcomings and Recommendations for the Conservation and Coastal Management Element A. Background and Introduction The Conservation and Coastal Management Element of the Growth Management Plan provides the County the guidance to: manage coastal systems and historic resources, and maintain shoreline lands and infrastructure so as to enhance environmental, recreational, and economic opportunities and protect human life; protect, conserve and manage natural systems, and vegetative and land resources; and, where appropriate, enhance air and water quality. The Conservation and Coastal Management Element includes thirteen (13) Goals and associated objectives and policies. These Goals are summarized as follows: 1. Protection of natural resources; 2. Protection of surface and estuarine water resources; 3. Protection of groundwater resources; 4. Protection of freshwater resources; 5. Protection of mineral and soil resources; 6. Protection of native vegetation and wildlife habitat; 7. Protection of fisheries and wildlife; 8. Maintenance of existing air quality; 9. Management of hazardous materials and hazardous wastes; 10. Protection of coastal resources; 11. Protection of historic resources; 12. Hurricane evacuation and sheltering; and, 13. Avoiding duplication of regulations During the reporting period for this Evaluation and Appraisal Report, the County has been successful in furthering the Element's overall purposes of. protecting and conserving natural resources; protecting human life and property along the coast; and, protecting and managing watersheds and estuarine areas. The County has implemented and maintained various programs and regulatory controls that have been instrumental in protecting and conserving wetlands, listed species habitat and other areas appropriate for protection; these include, but are not limited to: (1) The Stewardship Program in the Rural Lands Stewardship Area Overlay; (2) The Transfer of Development Rights Program in the Rural Fringe Mixed Use District; (3) The Conservation Collier land acquisition program; and (4) Regulatory controls within the Conservation and Coastal Management Element and the Land Development Code. Additionally, the County continues to maintain timely hurricane evacuation and sheltering practices; constructed the new James V. Mudd Emergency Services Center with state of the art equipment; maintains water quality and monitoring programs; continues the development of watershed management plans; continues periodic beach renourishment and dredging projects; and, continues to monitor sea turtle nesting. I CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Preparation of this Section of the Evaluation & Appraisal Report (EAR) involved coordination between Comprehensive Planning staff and the following departments /sections: Land Development Services Department — Zoning Services Section, Stormwater and Environmental Planning Section, Engineering Services Section; Public Utilities Engineering and Water Departments; Pollution Control Department; Parks and Recreation Department; Coastal Zone Management Department; Facilities Department — Conservation Collier; and the Bureau of Emergency Services. Changes are proposed to the following Objectives and Policies. B. Objective Analysis OBJECTIVE 1.1: Collier County will continue to develop and implement a comprehensive environmental management and conservation program, which will ensure that the natural resources, including State and Federally listed animal species, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Objective Achievement Anal: Collier County continues to operate the program described in this Objective. This Objective remains relevant and should be retained. However, the Objective should be revised to reflect that the program is ongoing. Policy Relevance: Policy 1.1.3: Collier County shall continue to support established environmental policies by maintaining an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long -term direction for the protection and management of the County's environmental resources. Policy Achievement Analysis: The County continues to support established environmental policies by maintaining an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long -term direction for the protection and management of the County's environmental resources. This Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting that the financial feasibility of achieving the Policy objectives with limited staff resources be evaluated.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change to this Policy is recommended. Staff believes that current staffing levels are adequate to fulfill the Policy objectives, and adjustments have been made over time in response to changes in workload.] [Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] 2 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy 1.1.6: In those areas of Collier County where oil extraction and related processing is an allowable use, such use is subject to applicable state and federal oil and gas permits and Collier County non - environmental site development plan review procedures. Directional - drilling and /or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C -30, F.A.C., as those rules exist on the effective date of this amendment to the Collier County Comprehensive Plan, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and /or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. Policy Achievement Analysis: Policy 1. 1.6 outlines the environmental review criteria for oil extraction and related processing, where oil extraction and related processing is an allowable use in the County. This Policy remains relevant and should be retained. However, the Policy should be revised to include the effective date of the amendment. OBJECTIVE 1.2: Maintain the framework for an integrated, computer -based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Objective Achievement Analysis: The Collier County Environmental Planning Section maintains a robust, GIS -based system (ESRI's ArcGIS) that will be updated annually. This Objective remains relevant and should be retained. LEnvironmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting that the Objective address /include provisions for quality of data, analysis of data, and availability of data; and, the Environmental Planning Section maintain copies of, and an index to, analyses performed on these GIS -based data.] [Post EAC and CCPC Workshops and Adoption Hearing— Staff Comment — No change to this Policy is recommended. The computer -based environmental resources data is stored with the Division's GIS data. This makes the data most available to other county staff. Data quality details are stored as metadata files when they are provided by the data source. Published GIS data are required to include metadata files. Almost all county data are public records and available, there is no need for the 3 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT environmental planning section to maintain copies. A .log of environmental analysis will be started and stored with the environmental GIS data.] %Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy Relevance Policy 1.2.3: Collected and /or compiled data will be organized by established water -shed and sub -basin units. Policy Achievement Analysis: Most of this data is in GIS format, so there is no need or benefit to organize it by watershed. The Policy remains relevant and should be retained. However, the Policy should be modified to require watershed dependent data only be organized by watershed and sub -basin units. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that text be added to the Policy that ensures data quality.] [Planning Commission Comment from the August 27 2010 EAR Workshop — Suggesting that the Policy be revised to read, "Non GIS -based data collected will be organized by established watershed and sub -basin units. "] %Post EAC and CCPC Workshops and Adoption Hearings —Staff Comment — Staff concurs with the n CCPC recommendation that the Policy be revised for clarity. However, staff does not concur with the EA Cs recommendation, as "data quality" is addressed in preceding Policies.] [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 1.2.5 Collier County's computerized environmental resources data storage, analysis and graphics system shall share information and resources with other Federal, State, Regional, local and private environmental management agencies and organizations and the general public. The County shall cooperate with these other entities when updating its system in order that the benefits of the updated system may be shared with all appropriate agencies and organizations. Policy Achievement Anal Provisions for working cooperatively with other agencies and sharing data with the public are in the preceding policies. This Policy is no longer relevant and should be deleted. OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC -99 -002 dated June 22, 1999, the County has completed the phased delineation, data gathering, management guidelines and implementation of the Natural Resources Protection Area (NRPA) program as part of the required Collier County Rural and Agricultural Assessment. Through this Assessment, the County has determined that the NRPA program is not the only mechanism to protect 4 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT significant environmental systems. Accordingly, within the Rural Lands Stewardship Area Overlay in the Future Land Use Element, the County has delineated Stewardship Sending Areas that will function to protect large environmental systems. Pursuant to the following policies, the County shall protect identified environmental systems through the NRPA and Rural Lands Stewardship programs. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be rewritten for clarity (i.e. formatting). Policy Relevance: Policy 1.3.1: The purpose of the NRPA program is to direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Map; During the Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, Belle Meade, a portion of the Northern Belle Meade shall be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA. The specific boundaries have been identified as NRPAs on the Future Land Use Map. b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines 11-IN, to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria for the NRPAs are those contained in the NRPA Overlay within the Future Land Use Element. d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. Policy Achievement Analysis: The County established Natural Resource Protection Areas (NRPAs) to direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The Policy also provides information regarding the relationship of the NRPAs to the Rural and Agricultural Area Assessment. Finally, the Policy requires the County to seek assistive from, and support, state and/or federal land acquisition programs for areas qualifying as NRPAs; Conservation Collier identifies nominated properties within Federal and State acquisition areas and coordinates with the agencies to make them aware of willing sellers within their acquisition areas. S CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained fEnvironmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting n to delete the acronym "CARL " and insert "Florida Forever "; and spell -out the acronym, "SOR " - Save Our Rivers.] fPost EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff generally agrees with the EAC's recommendation, and suggests that the Policy be revised to read, "The County shall seek assistance from, and support, State and/or Federal land acquisition programs for County areas qualifying as NRPAs. "] (Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 1.3.4: Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy Achievement Anal The Policy objectives have been achieved as part of the Growth Management Plan amendments to satisfy the Final Order. This Policy is no longer relevant and should be deleted. OBJECTIVE 2.1: By January 2008, the County shall complete the prioritization and begin the process of n preparing Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. The process shall consist of (1) an evaluation of areas for which Watershed Management Plans are not necessary based on current or past watershed management planning efforts, (2) an assessment of available data and information that can be used in the development of Watershed Management Plans, and (3) budget authorization to begin preparation of the first Watershed Management Plan by January 2008. A funding schedule shall be established to ensure that all Watershed Management Plans will be completed by 2010. In selecting the order of Plan completion, the County shall give priority to watersheds where the development growth potential is greatest and will impact the greatest amount of wetland and listed species habitats. The schedule and priorities shall also be coordinated with the Federal and State agency plans that address Total Maximum Daily Loads (TMDLs). Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re- development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (February 2006) and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Sub - element Policy 6.2 and 6.3, respectively; b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. C. Floodplain storage compensation shall be evaluated for developments within the designated flood zones "A ", "AE ", and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date 6 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT of November 17, 2005. Floodplain storage compensation shall also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. d. All development located within areas identified on Figure 1 shall be evaluated to .-. determine impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a continual preponderance of wetland or wet facultative plant species and a ground elevation through the major portion of the natural wetland, flowway, or slough at least one (1) foot lower than the ground at the edge of the natural wetland, flowway, or slough. The edge of the natural wetlands, flowways, or sloughs shall be identified by field determination and based upon vegetation and elevation differences from the adjacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin as outlined in Ordinance 2001 -27, adopted May 22, 2001 which amended the County Water Management Policy and provided basin delineations where special peak discharge rates have been established. The limiting discharge rates will be reviewed as a part of the Watershed Management Plans, and modified according to the analyses and findings of the Watershed Management Plans. e. All new development and re- development projects shall ensure surrounding properties will not be adversely impacted from the project's influence on stormwater sheet flow. f. Prior to the issuance of a final development order, the County shall require all development projects to obtain the necessary state and federal environmental permits. g. Within one year of the effective date of these amendments, the County shall adopt land development regulations to require Best Management Practices of future development or re- development projects. Best Management Practices means structural and non- structural facilities or practices intended to reduce pollution either through source control or treatment of stormwater. Figure 1. Restoration Project Areas Where Interim Development Standard 2.1.d is Applicable [See Figure 1 following CCME text] Objective Achievement Analysis: Collier County is currently involved in the development of the Watershed Management Plans. The County completed the initial delineation and prioritization of the watersheds by the end of November 2007. Dedicated funding for development of the Watershed Management Plans was also obtained and set aside in 2007. The County coordinated with the Florida Department of Emergency Management coastal Light Detection and Ranging (LiDAR) aerial topographic mapping effort to obtain more detailed and expanded coverage of the County. The County also coordinated with the South Florida Water Management District to utilize their existing two - dimensional regional hydrologic and hydraulic model for southwest Florida as a starting tool in the development of the Watershed Management Plans. The County utilized the various policies under CCME Objective 2.1 to form the basis for the Scope of Services and then hired a consultant team to prepare the Watershed Management Plans. The work is in progress and is scheduled for completion by the end of 2010. This Objective remains relevant and should be retained. However, the Objective should be modified to reflect completed work, and the first sentence in (c) reworded as follows, " Floodplain storage compensation shall be evaluated for developments within the designated Special Flood Hazard Area (flood zones starting with the letter "V" or "A ") as depicted on the effective Flood Insurance Rate Map 1—N published by the Federal Emergency Management Agency." 7 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT %Public Comment (Community Meeting held on 3115110): Public stated that the County has not developed a county -wide stormwater plan.] [Public Comment (Community Meeting held on 3115110): Public stated that all development in the urban zones and outside should be considered and evaluated after each watershed and its characteristics are developed.] [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop - Suggesting to add in section b. of the Objective, a requirement that compensation for all wetland impacts occur within the same drainage area.] [Post EAC and CCPC Workshops and Adoption Hearings - Staff Comment - No change is recommended to this Objective as part of the EAR -based amendments, as wetland impacts will be addressed as part of the Watershed Management Plans. Further, mitigation requirements for wetland impacts will be determined by the BCC with the adoption of the Watershed Management Plans.] LBoard of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy Relevance Policy 2.1.3: The Plans will also evaluate structural and non - structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy Achievement Analysis: The Scope of Services for development of the Watershed Management Plans includes this policy's features. The Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop - Suggesting that measurement tools be added to the Policy so as to determine improvements to the watersheds over time.] I-Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing - Suggesting that the EAC comment from August 11, 2010 be revised to read, "measurement tools be added to the Policy for determining improvements to the watersheds over time. "] [Post EAC and CCPC Workshops and Adoption Hearings - Staff Comment - No change to the Policy is recommended at this time. The Watershed Management Plans include performance measures, and the need for future evaluation of improvements will be addressed when Plans are adopted.] [Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 2.1.6: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. n 8 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Water management permitting is regulated by the South Florida Water Management District. ^ The Policy is not relevant and should be deleted, as water management permitting is regulated by the SFWMD. [Environmental Advisory Council (EAC ) Comment from the August 11 2010 Workshop — Suggesting that data shortfalls be addressed.] [Environmental Advisory Council (EAC) Comment from the November 3 2010 Adoption Hearing - Suggesting that EAC comment from August 11, 2010 be revised to read, "use watershed management plans for ongoing data collection guidance. V fPost EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change to the Policy is recommended at this time, as the Watershed Management Plans will identify data needs.] [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 2.1.7: Collier County shall take the lead and promote intergovernmental coordination between the County and other governmental agencies involved with watershed planning, including, but not necessarily limited to, the municipalities of Marco Island, Naples and Everglades City, the Florida Department of Environmental Protection, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and other governmental agencies. The County will take the lead and oversee the preparation of the necessary watershed management plans, and will rely upon ^ the work performed or data collected by other agencies, to the extent that these agencies have data and /or experience, which may be useful within the watershed basin planning and management process. Policy Achievement Analysis: This Policy describes the Scope of Services for the development of the Watershed Management Plans. The Policy remains relevant and should be retained. However, the Policy should be modified to reflect work completed and that the listed activities are on- going. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Objective Achievement Analysis: This Objective has not been met, because there are several water bodies in Collier County that do not meet Federal or State water quality standards. The Florida Department of Environmental Protection (FDEP) and the United States Environmental Protection Agency have finalized the list of those water bodies that do not meet water quality standards, and in 2008 FDEP developed Total Maximum Daily Loads for these water bodies. The Watershed Management Plans being developed by Collier County will address these water bodies. Water quality improvement initiatives have been taken within Collier County to address some water 1_11N quality issues. A new water quality treatment system referred to as Freedom Park has been constructed to treat the water within the Gordon River. In addition the Lake Trafford dredging project, which is 9 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT currently ongoing, has been removing the muck on the bottom of the lake in order to improve the lake's water quality and prevent future fish kills. Collier County Pollution Control continues to implement numerous proactive programs designed to n protect the County's surface water quality from man-made pollution sources. However, due to natural conditions impacting the water quality found in Collier County, some federal and state water quality conditions may not be achievable. Therefore, Collier County will continue to take all necessary actions to maintain the highest attainable level of surface water quality within its watersheds. This Objective remains relevant and should be retained. However, the Objective should be reworded similar to Goal 3 to read, "to attain the highest water quality practical." [Environmental Advisory Council (EAC) Comment fi-om the August 11 2010 Workshop — Suggesting staff examine the use of filter ponds to improve water quality of canals.] [Planning Commission Comment from the August 27 2010 EAR Workshop — Suggesting that the Objective be retained as written.] [Recommendation from the October 14, 2010 South Florida Water Management District Comments to the Department of Community Af[airs on the Proposed EAR — Suggesting that the Objective be retained as written.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the stated recommendations that the Objective should be retained as written.] Policy Relevance: Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet Florida Department of Environmental Protection (FDEP) regulations and are not in violation of other Goals, Objectives and Policies of this Element. Policy Achievement Analysis: Policy 2.2.1 bans wastewater treatment plants from discharging directly into rivers, canals or jurisdictional wetlands unless they meet Florida Department of Environmental Protection (FDEP) regulations and are not in violation of other Goals, Objectives, and Policies of this Element. This Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting to insert the phrase, "encourage wastewater re -use for irrigation " within the Policy.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff recommends retaining the Policy as written, as the reference to "re -use " is not applicable to this Policy. Further, staff suggests an additional Policy be added within the CCME to address the EAC's recommendation, if Board directed.] n [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs n with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] 10 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Anal Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run -off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. Policy Achievement Analysis: Policy 2.2.2 limits the specific and cumulative impacts of stormwater run -off. The Policy remains relevant and should be retained. However, the Policy should be revised to delete the word "in" and with the word "into" in the last sentence. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting staff limit nitrogen andphosphorous use through a fertilizer ordinance, so these nutrients become less likely to reach waterways (seasonal uses, granular forms, no application near storm drains or water retentionlflow areas). Also, limit application of pesticides in a similar fashion.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — The adoption of a fertilizer ordinance is required by Chapter 403.9337, Florida Statutes, and will be part of the Watershed Management Plans.] Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy Achievement Analysis: Policy 2.2.3 requires that chemical spraying for aquatic weed control should be conducted with extreme caution and encourages the use of biological and mechanical controls. The Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting staff develop an ordinance or LDC guidelines for the application of weed control.] [Post EAC and CCPC Workshops and Adoption Hearings =Staff Comment — Aquatic plant control is necessary to keep the canal systems flow capacity adequate to prevent flooding. Maintenance activities are regulated by State licensing and Federal label requirements. Operational policies will be discussed in the Watershed Management Plans.] Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. I1 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis. Policy 2.2.4 requires the continuation and expansion of the County's water quality sampling program. Collier County Pollution Control Department (CCPCD) continues monitoring a fixed network of surface water stations throughout the county. The network is evaluated every 3 years to determine the relevancy of the sampling sites. If water quality problems are found that may impact public health, a very intensive study area (VISA) is initiated to determine the source of the water quality problems. The surface water quality data were assessed in 2007 by CCPCD; in 2008 by the Florida Department of Environmental Protection under the Impaired Waters Rule Assessment; and will be reassessed in 2010 by CCPCD. The Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting staff use analysis of existing data to drive new data collection.] fPost EAC and CCPC Workshops and Adoption Hearings — Staff Comment — The Policy remains relevant and should be retained as written.] [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 2.2.5: By December 31, 2008, and no less than every three years, stormwater management systems shall be inspected and certified by a licensed Florida professional engineer for compliance with their approved design, and any deficiencies shall be corrected. Policy Achievement Analysis: n The deadline for Policy 2.2.5 has not been met, and the County has not identified stormwater management systems that are not currently meeting State water quality treatment standards. The County is developing a process for stormwater management systems, which is expected to be completed by December 2015. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect an extended deadline to December 2015; and include a requirement to coordinate activities with the South Florida Water Management District (SFWMD) and FDEP. LEnvironmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting to add benchmarks within the Policy for the achievement of the stated objectives by year 2015.] fPost EAC and CCPC Workshops and Adoption Hearings — Sta., ff Comment — No change to the Policy is recommended at this time. The Florida Department of Environmental Protection has been working on an update to the statewide stormwater Rule that includes system inspections. The County is following the development of this Rule and will wait to review the standards in the Rule prior to adopting a local ordinance.] [Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. 12 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Objective Achievement Analysis: This Objective has not been met. Not all estuaries meet Federal or State water quality standards. The Watershed Management Plans developed by the County will address measures to bring these water bodies into compliance with State and Federal water quality standards. Currently, the County monitors its water quality through the collection and evaluation of ground water and surface water samples. This Objective remains relevant and should be retained. However, the Objective should be revised to include the development of a plan, in coordination with the FDEP, to meet applicable federal, state and local water quality standards. fEnvironmental Advisory Council (EAC) Comment om August 11 2010 Workshop —Suggesting that staff consider monitoring locations.] [Plannin,z Commission (CCPQ Comment from August 27 2010 EAR Workshop — Suggesting that the Objective be retained as written.] (Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff recommends retaining the Objective as written.] Policy Relevance: Policy 2.3.4: Continue to implement and refine a water quality and sediment monitoring program for the estuarine system. Policy Achievement Analysis: The Coastal Zone Management (CZM) Department implemented a water quality monitoring program in October of 2008. A water quality monitoring plan was written and approved. The Monitoring Plan follows FDEP's Standard Operating Procedures and the Pollution Control Department's Lab Procedures. Water quality sampling has been conducted in Cocohatchee Estuary for over a year; a draft report of the data has been written. Also, water quality sampling started in November of 2009 in Clam Bay. CZM is currently sampling the Cocohatchee and Clam Bay on a monthly basis. Master plans will be developed with stakeholders as data and regulations are developed. This Policy remains relevant and should be retained. fEnvironmental Advisory Council (EAC) Comment from August 11 2010 Workshop — Suggesting that staff use the Watershed Management Plan effort to evaluate sampling points. Also, suggesting need for a fertilizer ordinance to reduce discharges of nutrients into waterways.] (Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff recommends retaining the Policy as written. A fertilizer ordinance is required by State statute and will be part of the Watershed Management Plans.] Policy 2.3.6: The County will only allow development activities which will not adversely impact coastal water resources. This is implemented through the following mechanisms: .-. a. Require all applicable Federal and State permits addressing water quality to be submitted to Collier County before Collier County issues a Final Development Order. 13 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT b. Excluding single family homes, any project impacting 5 acres or more of wetlands must provide a pre and post development water quality analysis to demonstrate no increase in nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper loading in the post development scenario. C. By January 2008, the County shall undertake an assessment of the current model used to evaluate pre and post development pollutant loadings referenced in (b) of this Policy. At a minimum, the purpose of this assessment will be to verify the accuracy of the model and to provide data evaluating stormwater management structure design. In reviewing the accuracy of the model, the County will include an evaluation of the reduction of lake depths with time and the corresponding loss of retention volume, the impact of lake stratification, and the need for aeration. The assessment will also include the sampling of runoff from undisturbed sites and from permitted stormwater outfalls for the parameters listed in Paragraph (b) of this Policy and pesticides. The results of the assessment and recommendations regarding the pollutant loading analysis, revisions to current model methodology, potential regulatory restrictions, and further monitoring shall be presented to the Board of County Commissioners for further direction. Policy Achievement Anal Policy 2.3.6 requires the County to only allow development activities which will not adversely impact coastal water resources. This is to be implemented by 1) requiring applicable Federal and State permits addressing water quality to be submitted to Collier County before Collier County issues a Final Development Order, 2) require projects, excluding single family homes, impacting 5 acres or more of wetlands to provide a pre and post development water quality analysis to demonstrate no increase in nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper loading in the post development scenario and 3) undertake an assessment of the current model used to evaluate these pre and post development pollutant loadings. Regarding, a pre-development vs. post-development analysis for nutrients BOD TSS Pb Zn and Cu n LDC section 10.02.02 A.3.a.ii indicates that the analysis shall be performed using "approved methodologies" and only requires the analysis on nutrients. The methodology that has been used by the US Army Corps of Engineers and is being developed by the Florida Department of Environmental Protection is limited to nutrients (nitrogen and phosphorus). The original state stormwater regulations were based on a standard of 80 % removal of TSS. Current evaluations of Florida stormwater regulation indicate the design needs to address increasing concentrations of nutrients (nitrogen and phosphorus) in surface and ground water. Additionally other significant pollutants are more easily removed than nitrogen or phosphorus (Harper, 2007). The draft permitting handbook for the update of the state stormwater rule includes analysis only for nitrogen and phosphorus loadings (FDEP, 2009). In the new model the pre development conditions are now considered to be the conditions represented by the SWFFS Natural Systems Model. (This analysis model is very similar to that proposed in Evaluation of Alternative Stormwater Regulations for Southwest Florida, 2003)." The model proposed in the new stormwater rule is the preferred analysis, by staff. The FDEP evaluation of the stormwater rules in preparation of development of the proposed state -wide stormwater rule addressed the issues identified in section c. Harper (2007) indicates that in wet detention systems, nutrient treatment is primarily through the production of algae. He recommends that only the top 12 feet of un -mixed systems be considered in the water quality treatment requirement. (Deeper depths are recognized as storage of solids and treatment for other constituents.) This is also the recommendation of the "Applicant's Handbook" for the proposed rule. The choice of whether to aerate /mix wet detention systems or not is left to the applicant, but the treatment is only based on the 14 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT aerated portion. Additionally, the monitoring of solids accumulation to identify when impacts to treatment volume is required annually. FDEP also studied runoff from native vegetative communities (Harper 2009) and reported runoff characteristics for nutrients and metals. Due to the change in emphasis of state regulatory programs limiting the loading analysis to nutrients and the studies that have been produced by FDEP to support the proposed stormwater rule, Collier County recommends removing the requirement for TSS, BOD, Pb, Zn, and Cu from the Policy in section b, and delete section c. Literature: Evaluation of Alternative Stormwater Regulations for Southwest Florida. Harvey Harper PhD., P.E., David M. Baker P.E.. Environmental Research & Design, Inc. 2003 Evaluation of Current Stormwater Design Criteria within the State of Florida Harvey Harper PhD., P.E., David M. Baker P.E.. FDEP 2007 Environmental Resource Permit Stormwater Quality. Applicant's Handbook. Draft (July 2009). FDEP" Runoff Characteristics of Natural Vegetation Communities in Florida Draft Final Report September 2009. Harvey Harper PhD., P.E. 2009. FDEP OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Objective Achievement Analysis: The estuarine management program has been implemented. The development of watershed management plans for the County has been included elsewhere in the CCME. The estuarine management program has been implemented through the following: 1. CCME Policies under Goals 2, 6, 7 and 11 2. LDC Sections 3.03.00 Coastal Zone Management 3.04.00 Protection of Endangered, Threatened, or Listed Species 3.05.01 Vegetation Removal, Protection, and Preservation 5.03.06 Dock Facilities (Protection of seagrass beds) 9.04.06 Variance to the Coastal Construction Setback Line 10.02.02.A Environmental Data Submittal Requirements 10.02.06.I Vehicle -on -the -Beach Regulations 3. Manatee Protection Plan 4. County water quality monitoring program 5. Artificial reef program 6. Waterways management program The Objective and associated Policies are no longer relevant and should be deleted. [Planniniz Commission Comment from the August 27 2010 EAR Workshop — Suggesting that the Objective and Policies be retained, but revised to reflect the initial implementation, and ongoing maintenance of the estuarine management program.] [Environmental Advisory Council (EAC) Comment from the November 3 2010 Adoption Hearing - The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.] 15 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT %Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC and CCPC recommendations that the Objective and Policies should be retained to ensure the continuance of the estuarine management program.] Policy Relevance: n Policy 2.5.1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy Achievement Analysis. Policy is no longer relevant and should be removed (see Objective Achievement Analysis). (Planning Commission Comment from the August 27 2010 EAR Workshop — Suggesting that the Policy be retained, but revised to reflect the initial implementation, and ongoing maintenance, of the estuarine management program.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the CCPC recommendation.] Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy Achievement Analy si Policy is no longer relevant and should be removed (see Objective Achievement Analysis). (Planning Commission Comment from the August 27. 2010 EAR Workshop — Suggesting that the Policy be retained, but revised to reflect the initial implementation, and ongoing maintenance of the estuarine management program.] %Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the CCPC recommendation.] Policy 2.5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. Policy Achievement Analysis: Policy is no longer relevant and should be removed (see Objective Achievement Analysis). [Planning- Commission Comment from the August 27, 2010 EAR Workshop — Suggesting that the Policy be retained, but revised to reflect the initial implementation, and ongoing maintenance of the estuarine management program.] %Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the CCPC recommendation.] OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards. Ground water quality shall be monitored in order to determine whether development activities 16 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT are contributing to the degradation of Collier County's ground water quality. Ground water data and land use activities will be assessed annually to determine long -term trends and whether the County is meeting Federal and State regulatory standards for ground water quality. The County shall require ground water monitoring of land uses in accordance with Chapters 62 -520, 62 -550 and 62 -777 of the Florida Administrative Code. Upon the detection of any ground water degradation determined through the monitoring process, the County will notify the appropriate regulatory agencies. In a coordinated effort with the United States Geological Survey (USGS), or of its own accord, the County shall institute a groundwater monitoring network by 2008, including the comprehensive inventory of monitoring wells, an assessment of monitoring wells previously damaged, and policies to make appropriate well repairs and replacements. Objective Achievement Analysis: Collier County continues to implement numerous proactive programs designed to protect the County's ground water quality from man-made pollution sources. However, due to natural conditions impacting the water quality found in Collier County, some federal and state water quality conditions may not be achievable. Suggest Objective be worded similar to goal to "ensure highest water quality practical ". A groundwater monitoring network was established by the County's Pollution Control Department in 2006. This monitoring network monitors seventy (70) ground water monitoring wells semiannually; dry and wet season. These wells provide limited monitoring of the following land uses; agriculture, commercial, golf course, park, rural residential, urban residential, utilities and wetland. Groundwater quality is assessed annually and provided to the appropriate regulatory agencies for further investigation of exceedances of State and Federal ground water quality standards. This network of monitoring wells encompasses wells owned by USGS, City of Naples, Collier County Wastewater Department and Collier County Water Department. Any monitoring well repairs or replacements .-. would be done at the owner's discretion. In addition, Section 3.06 of the County's Land Development Code (Ground Water Protection) was developed to protect existing and future wellfields, protect natural aquifer system recharge areas, protect Countywide groundwater resources, and to protect the public health and resources through regulation and establishment of standards for development involving the use, storage, generation, handling, and disposal of quantities of hazardous products and hazardous waste in excess of identified quantities, disposal of sewage and effluent, storm water management, earth mining, petroleum exploration, solid waste, and other related aspects of land use and development. Since a groundwater monitoring network was established in 2006, suggest Objective 3.1 be revised to replace the second paragraph with "The County shall continue to institute a groundwater monitoring network." This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the establishment of the monitoring network in 2006; include in first sentence of Objective the phrase, "to ensure highest water quality practical "; and, include a reference that monitoring activities are ongoing. (Environmental Advisory Council (EAQ Comment from the August 11 2010 Workshop — Suggesting that staff follow trends in salinity of various aquifers to determine trending over time.] 17 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT [Plannin,z Commission Comment from the August 27 2010 EAR Workshop — Suggesting that the Objective be retained as written, except to include a reference that the monitoring network has been established.] %Post EAC and CCPC Workshops and Adoption Hearing Staff Comment - Staff concurs with the CCPC recommendation.] Policy Relevance: Policy 3.1.1: Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W -1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W -2 is the land area between the W -1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield). c) W -3 is the land area between the W -2 boundary line and the twenty -five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W -3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones. ^ b) Future solid waste transfer stations: prohibited in W -1, W -2, W -3. c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes: prohibited in W -1, W -2, W -3. d) Future non - residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W -1, W -2, W -3. e) Future domestic wastewater treatment plants: prohibited in W -1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W -1 and W -2, conditional use required in W -3 and W-4. i) Future on -site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W -1 subject to complying with construction standards and provision of an automatic dosing device and a low- pressure lateral distribution. j) On -site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W -1, W -2, and W -3 shall meet all construction and operating standards contained in 64E -10, F.A.C. as the rule existed on August 31, 1999 and shall implement a ground water monitoring plan. 3. Conditional uses shall be granted only in extraordinary circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. 18 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Anal There is one (1) policy within this Objective. Policy 3.1.1 contains criteria for the identification of wellhead protection areas within the County's Future Land Use Map Series. This Policy remains relevant and should be retained, but paragraph 3 should be modified to: clarify the conditional use reference pertains to those conditional uses required by this policy, as opposed to all conditional uses allowed by the zoning district on a given property within a wellfield protection area; and, remove or clarify the term "extraordinary circumstances." Additionally, the Policy will be evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). [Environmental Advisory Council (EAC) Comment from August 11 2010 Workshy — Suggest addressing the improvement of ground water monitoring in order to assess saltwater intrusion.] (Post EAC and CCPC Workshops and Adoption Hearing— Staff Comment — Implementation of the EA Cs recommendation will require the monitoring activities to be programmed and funded.] [Board of County Commissioners (BCC) Comment from the danuga 31 2011 Adoption Hearing — Requested that staff coordinate with the SFWMD and Big Cypress Basin Board to evaluate the location and number of monitoring wells needed, and the potential funding opportunities, for improving ground water monitoring to assess saltwater intrusion.] OBJECTIVE 3.3: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub - Element.) Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Policy will be evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge Sub - Element (NGARSE). [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that staff assess the wellfield in Immokalee that has a 10 year cone of depression extending under the airport and adjoining industrial zoning.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Implementation of the EAC's recommendation will require the existing Model be adjusted to accommodate the 10 year Risk Management Special Treatment Overlay zones, as the Model evaluates years 1, 2, S and 20 only. (The cost to adjust the Model is unknown at this time.)] [Board of County Commissioners (BCC) Comment from the danuary 31 2011 Adoption Hearing — No expenditures are authorized to adjust the Model, as recommended by the EAC.] OBJECTIVE 3.4 Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub - Element.) 19 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Objective Achievement Analysis: As noted within Objective 3.1 (above), the County's Pollution Control Department established a groundwater monitoring network that monitors seventy (70) ground water monitoring wells semiannually. These data are assessed annually and submitted to the South Florida Water Management n District ( SFWMD), where these data are maintained within their DBHYDRO database. The SFWMD DBHYDRO database is located at: http://www.sfwmd.szov/portal/Tafze/i)ortal/py, szm sfwmd era/pg_sfwmd era dbhydrobrowser ) Objective 3.4 references Objective 1.3 in the Natural Groundwater Aquifer Recharge Sub Element ( NGARSE). This statement should reference Objective 3. This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the correct reference in the NGARSE - Objective 3. Policy Relevance: Policy 3.4.1: Continue the existing water quality monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy Achievement Analysis: Policy 3.4.1 requires the County to continue the existing water quality - monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. n This Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that staff add reference to salinity trending within the Policy.] LPost EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC's recommendation.] Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3- dimensional ground water model. Policy Achievement Analysis: Policy 3.4.4 recommends that the County gather and use appropriate data to refine and improve the database used in the County's 3- dimensional ground water model. This Policy remains relevant and should be retained. However, the Policy will be evaluated to determine if it should be deleted from the CCME, as it already appears in the Natural Groundwater Aquifer Recharge Sub - Element ( NGARSE). fEnvironmental Advisory Council (EA C) Comment from the August 11, 2010 Workshop — Suggesting that staff add a provision for coordination with the SFWMD and Big Cypress Basin within the Policy.] ^ 20 CONSERVATION AND COASTAL MANAGEMENT ELEMENT [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC's recommendation.] OBJECTIVE 4.1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, the Policy should be revised to indicate that the County, in coordination with the South Florida Water Management District, will devise a method for determining agricultural pumpage. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that staff insert a date for Policy achievement, assign department and add a requirement to coordinate with SFWMD.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC's recommendation.] OBJECTIVE 5.3: The Collier County Engineering Services Department shall periodically assess the types, quantities and location of minable mineral resources in Collier County. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the current departmental reference. Policy Relevance: Policy 5.3.1: The Collier County Engineering Services Department shall work with the Florida Department of Environmental Protection, the Florida Geological Survey and local mining industry officials to inventory and assess the existing mineral reserves in Collier County. The inventory and assessment will incorporate use of a GIS -based database of all areas within the County that are permitted, either by right, or through a conditional use permit, to conduct mineral extraction operations as well as the volume of fill that is permitted to be removed for each such active mineral extraction operation. Policy Achievement Anal Policy 5.3.1 recommends that the County work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. 21 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. However, the Policy should be revised to reflect the current departmental reference. OBJECTIVE 6.1: The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural- Industrial District and Rural - Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single - family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. 22 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT n Coastal High Hazard Area Non - Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres. 10% Residential and Mixed Equal to or greater Equal to or greater than 5 Use Development than 2.5 acres 25% acres and less than 20 acres. 15% Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50 %, not to exceed 25% of 50 %, not to exceed 25% of the Industrial District only) the project site. project site. 22 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT n The following standards and criteria shall apply to the vegetation retention requirements referenced above. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless permitted for impact pursuant to Policy 6.2.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62 -345, F.A.C. d. Any upland habitat that serves as a buffer to a wetland area as identified in Paragraph (4)c. above, e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Loss of function to the preserve area includes a reduction or a change in vegetation within the preserve and harming any listed species present in the preserve. More specific standards that implement this policy shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts the naturally occurring, native vegetation, to include the loss of the minimum required vegetation 23 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter 62 -302. F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). State and federal management plans consistent with the requirements of the LDC will be accepted. (7) Until the land development regulations addressed in Policy 6.1.1(11) are developed, exceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost nature vegetation. (8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement. (9) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered thro incentives including, but not limited to: clustered development, reduced developn standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (10) Within one year of the effective date of these amendments, the County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off -site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; 24 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on -site will be preserved and appropriately managed off -site. (11) Right of Way acquisitions by any governmental entity for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area, shall be exempt from mitigation requirements. (12) Although the primary intent of this Policy is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. Within one year of the effective date of these amendments, the County shall adopt land development regulations to determine the circumstances for when creation or restoration is allowed and to specify criteria for creation and restoration. (13) The County may grant a deviation to the native vegetation retention requirements of this Policy, except for the Native Vegetation Retention Requirements Table, and provisions in Paragraphs 1, 2, 3, 6, and 7. Within one year of the effective date of these amendments, the County shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing, or may be granted administratively. The County may grant a deviation if: a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or b. On or off -site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Policy Achievement Analyd Policy 6.1.1 specifies that it is applicable to the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural- Industrial District and Rural- Settlement Area District as designated on the FLUM, and that native vegetation shall be preserved through the application of a series of preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. This Policy remains relevant and should be retained. However, the Policy should be modified to: reevaluate the scrivener's errors in subsections 6.1.1 (7 & 13); delete subsection 6.1.1 (7), since it is already addressed by Policy 6.1.1 (12); and add an exemption from the native vegetation retention requirements for Federal and State parks, preserves and forests whose purpose is to manage land for conservation. 25 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT /Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that staff insert within (S) b. the word, "acreage " after the phrase "...loss of the minimum required vegetation ... "] (Planning Commission (CCPC) Comment from the August 27, 2010 EAR Workshop — Suggesting that the Policy be revised to clearly express the intent that Federal and State parks, preserves and forests shall comply with native vegetative retention requirements, but are not required to have a separate preserve onsite and a preserve management plan.] (Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearin& — The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC and CCPC recommendations.] [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing - Staff shall evaluate for possible elimination of native vegetation retention requirements for Industrial designated properties under a certain acreage threshold.] Policy 6.1.2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site 100,11, area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation present, not to exceed 70% of the total site area, shall be preserved. Additionally, for residential development in Section 24, if the dwelling units are not clustered, a minimum of 90% of the slash pine trees present shall be retained. Further restrictions are identified in the North Belle Meade Overlay in the FLUE. [The preceding 2 sentences in italics were adopted 1/25/07 but will NOT be applied or implemented by Collier County. They relate to text in the Future Land Use Element's North Belle Meade Overlay that was found to be "not in compliance" by the Florida Department of Community Affairs in letter dated 5/1/07.] c. Non -NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or n before June 22, 1999, for lots, parcels or fractional units of land or water equal to or 26 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15 -foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of ^ the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under -story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co- located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover, emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development ^ regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element; d. Any upland habitat that serves as a buffer to a wetland area, as identified in (4)c. above. e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Criteria identifying what constitutes a loss of function shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts on the naturally ^ occurring, native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Objective 7.1, as 27 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter, 62 -302 F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for all preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). (7) Off -site preservation shall be allowed to provide flexibility in the project design. a. Within Receiving and Neutral Lands, off -site preservation shall be allowed for up to 50% of the vegetation retention requirement. 1. Off -site preservation areas shall be allowed at a ratio of 1:1 if such off -site preservation is located within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Within non -NRPA Sending Lands, off -site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. 1. Off -site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3:1. c. Off -site preservation shall not be allowed in NRPA Sending Lands. (8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. (9) On -site preservation areas shall also conform to the Open Space requirements as n specified in the Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. (10) Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; (11) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. Policy Achievement Analysis: Policy 6.1.2 specifies that within the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of various vegetation retention standards and criteria. This Policy remains relevant and should be retained. However, the Policy should be modified to reflect the June 2010 Land Development Code amendments that implement specific subsections of the Policy; and, add an exemption from the native vegetation retention requirements for Federal and State parks, preserves and forests whose purpose is to manage land for conservation purposes. 28 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT %Planning Commission (CCPC) Comment from the August 27 2010 EAR Workshop — Suggesting that the Policy be revised to clearly express the intent that Federal and State parks, preserves and forests shall comply with native vegetative retention requirements, but are not required to have a separate preserve onsite and a preserve management plan.] [Environmental Advisory Council (EAC) Comment from the November 3 2010 Adoption arin� He — The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.] %Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC and CCPC recommendations.] %Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Staff shall evaluate for possible elimination of native vegetation retention requirements for Industrial designated properties under a certain acreage threshold.] Policy 6.1.6: Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 — The requirements of Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use or Rezone petition was approved by the County prior to June 19, 2002; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S ( +/ -360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. Policy Achievement Analysis: Policy 6.1.6 makes all existing land uses exempt from the native vegetation retention requirements of CCME Policy 6.1.2 if the effected land uses were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. This Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that the last sentence in the Policy be revised to read, "... exotic removal and preserve management will be... "] %Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is recommended, as the Policy was adopted as part of the Final Order amendments in 2002 to accommodate the expansion of the landfill. Preserve management is already required pursuant to Policy 61.2 (6) of this Element.] 29 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT %Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing - Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measurable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. Objective Achievement Analysis: This Objective remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop - Suggesting staff include within the Objective the requirement for mitigation within the same drainage area as the initial wetland impact.] LPost EAC and CCPC Workshops and Adoption Hearings - Staff Comment - No change is recommended to this Objective as part of the EAR -based amendments, as wetland impacts will be addressed as part of the Watershed Management Plans. Further, mitigation requirements for wetland impacts will be determined by the BCC with the adoption of the Watershed Management Plans.] (Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy Relevance: Policy 6.2.1 As required by Florida Administrative Code 9J5- 5.006(1)(b), wetlands identified by the 1994 -95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. Policy Achievement Analysis: Policy 6.2.1 requires that wetlands as identified by the 1994 -95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas are to be verified by jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. This Policy remains relevant and should be retained. However, the Policy should be revised to include the correct Florida Administrative Code reference - "W- 5.006(1)(b) "; and, include the current SFWMD land use and land cover inventory reference. Policy 6.2.3: Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. This wetland preservation and conservation process shall be coordinated with the Watershed Management Plan process, as referenced in Objective 2.1 of this Element. However, the process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large interconnected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. 30 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT These systems predominantly occur east of the County's Urban boundary, as delineated on the Countywide Future Land Use Map (FLUM), within the Future Land Use Element (FLUE). Many of these wetlands fall within public lands or land targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRPA or Sending designations within the Rural Fringe Mixed Use District or land /easement acquisition, or innovative landowner incentives. Protection measures for wetlands and wetland systems located within the northeastern portion of Collier County, excluding the community of Immokalee, are contained in the Rural Lands Stewardship Area Overlay (RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection measures for wetlands and wetland systems located within the Urban and Estates designated areas of the County shall be based upon the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, the permitting agency's mitigation requirements shall be deemed to preserve and protect wetlands and their functions, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems through implementation of the following protection and conservation mechanisms: (1) Conservation Designation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundaries of the Conservation Designation as depicted on the Countywide Future Land Use Map. The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non - residential development. These limitations support Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) Big Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V.) specify that site alterations shall be limited to 10% of the total site. The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow -ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation, Section V.C. These areas include high functioning wetland systems and, although portions of the NRPA Overlay include lands within the Conservation Designation, represent approximately 12% of the County's wetlands, which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses 31 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT shall be directed away from these areas. Allowable land uses within NRPAs are also subject to native vegetation retention and preservation standards of 90 %. (4) Rural Fringe Mixed Use District Sending Lands Best available data indicates that 16,000+ acres of wetlands are contained within designated Sending Lands and that such wetlands constitute approximately 70% of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive -based Transfer of Development Rights (TDR) Program that allows land owners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District (and limited Urban) Receiving Lands. A complete description of the TDR Program is contained in the FLUE, Future Land Use Designation Description Section, Agricultural /Rural Designation, Rural Fringe Mixed Use District. Incompatible land uses are also directed away from Sending Lands through restrictions on allowable uses. Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90 %, as required by Policy 6.7.1 of this Element. (5) Flowway Stewardship Areas [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] Flowway Stewardship Areas have been designated within the Rural Lands Stewardship Area Overlay (RLSA), as depicted on the Future Land Use Map, and are shown on the Rural Lands Study Area Natural Resource Index Map Series. Flowway Stewardship Areas (FSAs) are for the most part privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the principal wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs through the creation and transfer of Stewardship Credits. It also contains provisions that eliminate incompatible uses from the FSAs and, which establish protection measures. (6) Watershed Management Plans Collier County will establish watershed management plans throughout the County, but with particular emphasis on the Urban and Estates designated areas. These watershed management plans shall be established in accordance with Objective 2.1 of this Element and will include the preservation or, where feasible, creation of landscape - scale wetland conservation areas to act as habitat, natural water quality treatment and water quantity retention /detention areas. The County shall direct incompatible land uses away from such large -scale wetlands. Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural - Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area and wetlands that are part of an established watershed management plan, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA Overlays, and Rural Fringe Sending Lands. On a project- specific basis, wetlands and wetland functions shall be protected through the following mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting; (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 6.2; (4) Clustering provisions specified in the Rural Fringe Mixed Use District of the FLUE (5) The protection of wetlands that are part of an established watershed management plan, as per Objective 2.1 of this Element. 32 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT (6) Land or easement acquisition. (7) Land owner incentives, such as transferable development rights, tax relief, or USDA grants for restoration. Policy Achievement Analysis: Policy 6.2.3 requires Collier County to implement a comprehensive process to ensure that wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is primarily based on directing concentrated population growth and intensive development away from large connected wetland systems. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or through the Natural Resource Protection Areas or Sending designations in the Rural Fringe Mixed Use District. The large connected wetland systems that exist at the landscape scale in Collier County are protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. This Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that provision (6) of the Policy be revised to include that the watershed management plans contain designated areas to be protected from development so as to preserve habitat, water flows, recharge areas and to prevent future flooding.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is recommended, as wetlands will be addressed as part of the Watershed Management Plans.] [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 6.2.5: Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford /Camp Keais Strand System which is contained within the Immokalee Urban Designated Area, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: a. The acreage requirements of Policy 6.1.2 of this element shall be met by preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (2) of this policy. Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a WRAP score greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score of greater than 0.7 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. 33 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT (2) In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg -001, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation Assessment Method, F.A.C. Chapter 62 -345. The applicant shall submit to County staff, agency accepted WRAP scores or Uniform Wetland Mitigation Assessment Method scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph (1) above. (3) All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of this policy. (4) Single family residences shall follow the requirements contained within Policy 6.2.7 of this element. (5) The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50 -foot vegetated upland buffer adjacent to a natural water body, and for other wetlands a minimum 25 -foot vegetated upland buffer adjacent to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50 %. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. e. A structural buffer may consist of a stem wall, berm, or vegetative hedge with suitable fencing. (6) Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. a. Mitigation Requirements: 1. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less than the acreage being impacted. 2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 3. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. 4. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (6)a.1, (6)a.2, and 34 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT (6)a.3 of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. 5. Mitigation requirements for single - family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Policy 6.2.7 of this element. b. Mitigation Incentives: 1. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and vegetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited, to the following: (a) Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed Use District Sending Lands, (b) Creating, enhancing or restoring wading bird habitat to be located near wood stork, and /or other wading bird colonies. 3. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific criteria in the LDC to implement this incentive program, and to identify other mitigation priorities. Policy Achievement Analysis: Policy 6.2.5 requires that within the Rural Fringe Mixed Use District, Collier County is to direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2. This policy was adopted as part of the County's Rural Fringe Amendments. Although Policy 6.2.5 states the vegetation requirements for the Rural Fringe Mixed Use District and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the Immokalee Urban Designated Area, shall be based upon the native vegetation retention requirements of Policy 6.1.2 of this Element, the Policy does not specify the percent requirement of retained native vegetation which applies to that portion of the Lake Trafford/Camp Keais Strand System which is contained within the Immokalee Urban Designated Area. This should be clarified in Policy 6.2.5 and/or in Policy 6.1.2. Section 6.2.5 (6)(5)(b)(3) should be removed as the specific criteria to implement the incentive program and to identify other mitigation priorities have previously been adopted in the Land development Code. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that specific native vegetation requirements for Lake Trafford/Camp Keais Strand System be clarified.] LCollier County Planning Commission (CCPC) Comment from the August 27 2010 Workshop — Suggesting that specific native vegetation requirements for Lake Trafford/Camp Keais Strand System be clarified.] [Post Collier County Planning Commission (CCPQ Staff Comment — Native vegetation retention standards for the Lake Trafford/Camp Keais Strand System will be addressed as part of the Immokalee Area Master Plan amendments.] [Environmental Advisory Council (EAC) Comment from the November 3 2010 Adoption Hearing - Suggesting that any necessary cross reference(s) to another Element be provided.] [Post EAC and CCPC Workshops and Adoption Hearing— Staff Comment — Staff concurs with the EAC and CCPC recommendations.] 35 CONSER VATION AND COASTAL MANAGEMENT ELEMENT Policy 6.2.7: Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: (1) For single - family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland - related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern, Collier County shall inform applicants for individual single - family building permits that federal and state wetland permits may be required prior to construction unless the proposed residence is within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to the issuance of a building permit. The County shall also notify the applicable federal and state agencies of single - family building permits applications in these areas. (3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County shall incorporate certain preserved and/or created wetlands and associated uplands into the County's approved watershed management plans, as per Objective 2.1 of this Element. The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single - family building permits within or adjacent to such wetlands, subject to appropriate mitigation requirements, which preserve the functionality of the wetland within the applicable watershed management plan. For a proposed residence which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, the appropriate jurisdictional permit is required prior to the issuance of a building permit. (4) Collier County shall continue to work with federal and state agencies to identify properties that have a high probability of wetlands and animal listed species occurrence. The identification process will be based on hydric soils data and other applicable criteria. Once this identification n process is complete, the County will determine if the process is sufficiently accurate to require federal and state wetland approvals prior to the issuance of a building permit within these areas. The County shall use information on wetland and/or listed species occurrence to inform property owners of the potential existence of wetlands and/or listed species on their property. (5) Within one year after Watershed Management Plans are accepted by the Board of County Commissioners, Collier County shall develop and implement additional means to protect wetland systems identified in each Plan for preservation or restoration. Means to consider include innovative landowner incentives, transferable development rights, tax relief, land or easement acquisition, state and federal grants, and enhanced regulations. Policy Achievement Analysis: Policy 6.2.7 stipulates that within the Estates Designated Area and the Rural Settlement Area, the County is to rely on the wetland jurisdictional determinations and permit requirements issued by the applicable Jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. This Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that wetland mitigation occur within the same watershed.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is recommended, as wetlands will be addressed as part of the Watershed Management Plans. Further, n 36 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT mitigation requirements for wetland impacts will be determine by the BCC with the adoption of the Watershed Management Plans.] [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] OBJECTIVE 6.3 The County shall protect and conserve submerged marine habitats. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 6.3.2 Impacts to sea -grass beds shall be minimized by locating boat docks more than 10 feet from existing sea -grass beds. Where this is not possible, boat docks shall be sited to impact the smallest areas of sea -grass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. Policy Achievement Anal Policy 6.3.2 stipulates that impacts to sea -grass beds are to be minimized by locating boat docks more than 10 feet from existing sea -grass beds. Where this is not possible, boat docks are to be sited in such manner as to impact the smallest area of sea -grass beds possible, and to be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. This Policy remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that a reference to the required maintenance dredging permit be inserted within the Policy; and additional Policies be added, if necessary, to protect sea grasses from dredging activities.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is recommended, as dredging is regulated by the State of Florida and Federal government, not the County. Maintenance dredging is generally allowed by these agencies. Mitigation may be required and determined during permitting with the State and Federal agencies. Seagrass protection issues are required to be addressed by the Florida Fish and Wildlife Conservation Commission pursuant to the Florida Manatee Management Plan adopted by the State in December 2007. The plan calls for implementation of a statewide seagrass management plan, creation of an interagency statewide seagrass monitoring plan, and evaluation of the feasibility of a rule for the protection of the state's seagrass resources.] (Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 6.3.3 The protection of sea -grass beds shall be a factor in establishing new, or revising existing, speed zones to regulate boat traffic. 37 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 6.3.3 states that the protection of sea -grass beds is to be a factor in establishing new, or in revising existing, speed zones to regulate boat traffic. Due to the new FWC Rule Change, FWC does not allow for speed zones to be established based on benthic resources. 101� This Policy is no longer relevant and should be deleted. [Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting that the Policy be retained, but revised to reflect protection of manatee habitat.] [Planning Commission (CCPC) Comment from the August 27, 2010 EAR Workshop — Suggesting that the Policy be retained as written.] [Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing - Suggesting that the Policy be retained as written.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC and CCPC that the Policy should be retained as written.] OBJECTIVE 7.1: The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A- 27.004, and 68A- 27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species AO—N published in 50 CFR 17. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 7.1.2 Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission ( FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and 38 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors 1. The following references shall be used, as appropriate, to prepare the required management plans; a. South Florida Multi- Species Recovery Plan, USFWS, 1999. b. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. c. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. d. Ecology and Development - Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. e. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large -scale Development Sites in Florida, Nongame Techincal Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. 2. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subject to the provisions of paragraph (3) of this policy. 3. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requirement contained in Policy 6.1.1 and Policy 6.1.2 this element. The County shall also consider the recommendations of other agencies, subject to the provisions of paragraph (3) of this policy. (b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on -site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi - Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (e) For the red - cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall ^ be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi- 39 CONSER VATION AND COASTAL MANAGEMENT ELEMENT Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear -proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. (g) For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire- adapted preserved vegetative communities and provide browse for white - tailed deer. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (h)ln order to protect loggerhead ( Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of Policy 7.1.2(3). (i) The Management Plans shall contain a monitoring program for developments greater n than 10 acres. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. Policy Achievement Analysis: Policy 7.1.2 provides guidelines and standards for directing non - agricultural development, except for individual single - family residences, away from listed species and their habitats. This policy does not apply to lands located within the RLSA. This Policy remains relevant and should be retained. However, the Policy should be modified to remove the references to specific wildlife publications and plans listed in the Policy; add a general reference to publications utilized by the FFWCC and USFWS as their technical assistance, since the most current information used by these agencies should be used in protecting listed species; and, delete the reference to mitigation for black bear habitat, as no such mitigation is required by the FFWCC or USFWS. [Environmental Advisory Council (EAQ Comment from the August 11, 2010 Workshop — Suggesting to add a provision in (e) to encourage the retention of old growth slash pines for RCW nesting habitat.] 40 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is recommended, as the Policy requires adverse impacts to active red - cockaded woodpecker (RCW) clusters and their foraging habitat be minimized, and where adverse effects cannot be avoided, to compensate or mitigate for impacts that remain. Old growth slash pines may not necessarily be located in the best RCW foraging habitat, depending on how impacted the site is, and may be more sensitive to die off with habitat restoration efforts.] [Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.] Policy 7.1.3 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, listed species shall protected pursuant to the RLSA policies found in the Future Land Use Element. Policy Achievement Analysis: Policy 7.1.3 requires that, for the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, listed species are to be protected pursuant to the RLSA policies found in the Future Land Use Element. This Policy remains relevant and should be retained. /Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting to add the word, "be " before "protected" in the Policy text.] n [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC and CCPC recommendations.] Policy 7.1.6: The County shall evaluate the need for the protection of listed plants and within one (1) year of the effective date of this amendment adopt land development regulations addressing the protection of listed plants. Policy Achievement Analysis: This Policy is no longer relevant and should be deleted, as the Land Development Code amendment to implement this Policy has been adopted. [Planning Commission (CCPC) Comment from the August 27 2010 EAR Workshop — Suggesting that the Policy be retained, but revised to reflect the continuance of the Policy objective.] [Post EAC and CCPC Workshops and Adoption Hearings — Staf Comment — Staff concurs with the EAC and CCPC recommendations.] OBJECTIVE 7.2 Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.1 through 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents. 41 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Objective Achievement Analysis: Collier County's Manatee Protection Plan (NR- SP- 93 -01) was adopted within the Collier County Land Development Code (LDC, Section 2.6.22 by adoption of Ordinance No. 95 -58) in May of 1995, but was not officially adopted into the County's Growth Management Plan until December 16, 2003, by the adoption of Ordinance 2003 -67. The Manatee Protection Plan (MPP) has played a pivotal role in the Florida Fish and Wildlife Conservation Commission's (FFWCC) decision - making process since its adoption. In the years since the MPP was adopted, the FFWCC's Bureau of Protected Species Management's permitting staff has depended primarily upon the MPP to provide consistent direction for the siting of boat facilities within Collier County's jurisdictional waters. Moreover, the MPP lays out regulatory groundwork for the protection of manatee habitat, such as seagrass beds. This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the most up -to -date, best available data on manatee deaths in Collier County waters. Policy Relevance: Policy 7.2.2: Sea -grass beds shall be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element. Policy Achievement Analysis: Policy 7.2.2 stipulates that sea -grass beds are to be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect the proposed deletion of Policy 6.3.3, as it is no longer relevant. [Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting to retain the reference to Policy 6 3.3 within the Policy.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC recommendation.] OBJECTIVE 7.3: Analysis of historical data from 1996 -1999 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 5% of the hatchlings from all nests in the County. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised to reflect the most up -to -date, best available data on sea turtle disorientation as follows, "Analysis of historical data from 2005 — 2009 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 4% of all the nests in the County..." Policy Relevance: n Policy 7.3.1: The County shall apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlings from adverse lighting conditions. ^ 42 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 7.3.1 requires the County to apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlings from adverse lighting conditions. This Policy remains relevant and should be retained, but the reference to Policy 7.1.2(2)(i) should be revised to read, 7.1.2(2)(h). OBJECTIVE 7.4: The County shall continue to improve marine fisheries productivity by building additional artificial reefs. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 7.4.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy Achievement Analysis: Policy 7.4.1 states that the County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Collier County applies for artificial reef grants through FWC on a yearly basis. Since 2004, the Coastal Zone Management (CZM) Department has been awarded three FWC grants for reef monitoring and deployment. Also, CZM staff has applied for other grants through NOAA for marine debris removal. �-. This Policy remains relevant and should be retained. However, the Policy should be revised to refer to "other funding opportunities." OBJECTIVE 9.1: The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy Achievement Analysis: Policy 9.1.6 requires a training program to be developed for emergency response personnel. This Policy remains relevant and should be retained, but the Policy should be revised to reflect that a training program has been established. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. 43 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 9.1.7 tasks the Collier County Emergency Management Department with developing, implementing and periodically updating the hazardous materials emergency response element. This Policy remains relevant and should be retained, but the Policy should be revised to reflect current departmental reference. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 9.2.3: The Collier County Pollution Control and Prevention Department shall work with the Florida Department of Environmental Protection (FDEP) to establish a new cooperative agreement between the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous waste management regulations. Policy Achievement Analysis: Policy 9.2.3 states that, Collier County Pollution Control Department shall work with the Florida Department of Environmental Protection (FDEP) to establish a new cooperative agreement between the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous waste management regulations. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect that the cooperative agreement has been established and will be maintained; suggest deleting "establish a new" and replace with, "and maintain a." OBJECTIVE 9.4: The County shall continue to implement its local storage tank compliance program. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 9.4.3: All storage tank systems in Collier County shall adhere to the provisions of Section 62 -761 or 62 -762, Florida Administrative Code (F.A.C.) as applicable. Unless otherwise provided for within Section 62 -761, F.A.C., individual storage tank systems shall adhere to the provisions of Section 62 -761, F.A.C., in effect at the time of approval of the storage tank system. Policy Achievement Analysis: Policy 9.4.3 states that all tank systems shall adhere to the provisions of Sections 62 -761 or 62 -762, Florida Administrative Code, as applicable. 44 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Policy remains relevant and should be retained. However, the Policy should be revised to delete the second sentence, as it is redundant. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR- SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 10.1.1: Priorities for water - dependent and water - related uses shall be: a. Public recreational facilities over private recreational facilities; b. Public Boat Ramps; C. Marinas 1. Commercial (public) marinas over private marinas; 2. Dry storage over wet storage; d. Commercial fishing facilities; e. Other non - polluting water - dependent industries or utilities; f. Marine supply /repair facilities; g. Residential development. .-� Policy Achievement Analysis: Policy 10.1.1 prioritizes water - dependent and water - related uses according to public and private recreational facilities, public boat ramps, marinas, commercial fishing facilities, other non - polluting water - dependent industries or utilities, marine supply /service facilities, and residential development. This Policy remains relevant and should be retained. This Policy is affected by changes to Chapter 163, Florida Statues, which were adopted into law in 2005, as follows: 163.3178 (2)(g): Expands requirement of coastal element to include strategies that will be used to preserve recreational and commercial working waterfronts, as defined in s. 342.07, F.S. [The CCME already contains marina siting criteria and the FLUE allows water dependent and water related uses in the Urban designated waterfronts. Conservation designated lands do not allow marinas.] (Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting that additional strategies to preserve recreational and commercial working waterfronts be included within the CCMEJ Policy 10.1.5: Marinas and all other water - dependent and water - related uses shall conform to all applicable regulations regarding development in marine wetlands. Marinas and water-dependent/water- related uses that propose to destroy wetlands shall provide for general public use. 45 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 10.1.5 requires marinas and all other water - dependent and water - related uses to conform to all applicable regulations regarding development in marine wetlands. Where wetlands are proposed to be destroyed, public access shall be provided. This Policy remains relevant and should be retained. However, the Policy should be revised for proper sentence structure and to consistently refer to marine wetlands (perhaps modify second sentence to replace "Marinas" with "Development of marinas" and to insert "marine" before "wetlands "). [Planning Commission (CCPQ Comment from the August 27, 2010 EAR Workshop — Suggesting that the term "marine wetlands" be reworded for clarity.] [Environmental Advisory Council (EAQ Comment from the November 3, 2010 Adoption Hearing - Suggesting that clarification or definition of "marine wetlands " is needed.] Policy 10.1.6: All new marinas, water - dependent and water - related uses that propose to destroy viable, naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to demonstrate the public benefit and financial feasibility of the proposed development. Policy Achievement Analysis: Policy 10.1.6 requires all new marinas, water - dependent and water - related uses that propose to destroy viable, naturally functioning marine wetlands to perform a fiscal analysis in order to demonstrate the public benefit and financial feasibility of the proposed development. It is not appropriate to refer only to "viable, naturally functioning marine wetlands" as the proposed destruction of any marine wetlands should be subject to the fiscal analysis requirement. Also, it is not necessary to refer to "public n benefit" in this policy since Policy 10.1.5 requires such uses to be available "for general public use" which is a public benefit. This Policy remains relevant and should be retained. However, the Policy should be revised for proper sentence structure and to perhaps modify to: replace "All" with "For development of all "; insert ", the applicant" following "wetlands "; and, to delete both "viable, naturally functioning" and "public benefit and." OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. [This Objective is provided for contextual purposes only; no change is proposed] Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site -plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy Achievement Analysis: n 46 CONSER VATION AND COASTAL MANAGEMENT ELEMENT Policy 10.2.1 requires that existing access for the public to the beach is to be maintained by new development. New beachfront development will show on their site -plans existing beach access ways and the proposed development will continue that access way, relocate it on the site, or donate it to the County. Further, the County maintains beach access after it has been transferred via deed or easement. This Policy remains relevant and should be retained. However, to make the Policy consistent with Objective 1.1, the Policy should be revised to read, "...relocate it on the site as deemed appropriate by Collier County..." OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Objective Achievement Analysis: This Objective remains relevant and should be retained. [Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting that a reference to maps contained in the Land Development Code be added.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — The undeveloped coastal barriers identified in the text of the Land Development Code and CCME Policy 10.6 1 are identified by the Federal Coastal Barrier Resources System. A reference to the Federal Coastal Barrier Resources System maps should be provided in CCME Objective 10. 3.] [Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings sta f comments.] OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised to reflect needed grammatical changes, such as "Developed coastal barriers and developed shorelines shall continue to be restored and maintained. Establish mechanisms or projects which limit the effects of development and restores the natural functions of coastal barriers including beaches and dunes." [Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting that Objective be revised to read, "... continue to be restored and then maintained... 'I OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Objective Achievement Analysis: '—N This Objective remains relevant and should be retained. 47 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT /Environmental Advisory Council (EAC) Comment from the August 11 2010 Workshop — Suggesting to insert, "mangroves" after "beach and dune systems " or add another Policy to address protection of coastal mangroves.] 10-111 [Post EAC and CCPC Workshops and Adoption Hearings —Staff Comment — No change is recommended, as the undeveloped coastal barriers identified b the County and Federal Coastal Barrier Resources System also include adjacent mangrove systems. Protection is also provided by either conservation easements or Special Treatment overlay within the County. In addition, State and Federal permits require minimizing the impacts to mangroves.] Board of County Commissioners (BCC) Comment from the January 31 2011 Adoption Hearing — Concurs with the post EAC and CCPC Workshop and Adoption Hearings staff comments.) OBJECTIVE 10.6: The County shall conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 10.6.2: For shoreline development projects where an EIS is required, an analysis shall demonstrate that the project will remain fully functional for its intended use after a six -inch rise in sea level. Policy Achievement Analysis: Policy 10.6.2 requires shoreline projects where an EIS is required, to provide an analysis demonstrating that the project, remain fully functional for its intended use after a six -inch rise in sea level. NOAA indicates that at current rates it will take 75 years to reach a 6" increase (2.02mm / year). If the higher rates suggested by the SWFRPC Draft Climate Change report are used (2.3 mm/year) it will still take approximately 66 years to reach a 6 " rise (refer to link below from NOAA). These time frames are well beyond the accepted planning horizon. NOAA Link: http:// tidesandcurrents .noaa..gov /sltrends /sltrends station shtml?stnid= 8725110 The mean sea level trend is 2.02 millimeters /year with a 95% confidence interval of +/- 0.60 mm/yr based on monthly mean sea level data from 1965 to 2006 which is equivalent to a change of 0.66 feet in 100 years. 48 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Mean Sea Level Trend — 8725110 Naples, Florida Naples, FL 2.02 +1.0.60 mmlyr Q.sD hatldy m our mean sea level with the Source: NOAA averape seasonal cy* removed Q.45 Uneartrend _ _ _ — — _ Upper psi confdenoe interval Lower psi confidence aterval 0.30-- ----- ---- -- - - - - -- 0.15 ----------------------------- ----- - - - -- - M X0.00 ------------------------- -0.15 -= — - -- --- --- - - - - -- -0.30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -0.45 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -0.6D >Sy �9, r r x� xy x� s x 7� xe > r x r iT �S j0 rS T�0S `(?S 't7 TS `r0 �S6S 4 XSSS 0x0 0 A '0 '0 0 4 '0 4 '0 0 10 10 10 10 0 %, '0 `0 •o '0 0 0 2009 SWFRPC Draft Climate Change Report (excerpt below): Potential Climate Futures: This study began by examining three sea level rise "severity" scenarios: best case, worst case, and moderate case are based upon the results of Table 4, below. This table is based on using Tables 9 -1 and 9 -2 of the USEPA Report "The Probability of Sea Level Rise." Basically, the formula is multiplying the historic sea level rise (2.3 mm/yr) in Southwest Florida (closest point used is St. Petersburg, Fl., Table 9 -2) by the future number of years from 1990 plus the Normalized Sea Level Projections in Table 9 -1. For the study the 90% probability is considered the best case, the 50% probability the moderate case, and the 5% probability the worst case scenario. Staff believes that current building regulations, in combination with the National Flood Insurance Program, provide adequate protection for all residents within the Special Flood Hazard Area (SFHA) (100 year floodplain). The building code requires all buildings to be built at or above the 1% flood elevation set by the FEMA Flood Insurance Rate Map (FIRM) program. FIRM maps use existing sea level and they will be updated every 5 years. The building code requires all facilities within the SFHA be brought into compliance with the Flood Damage Prevention ordinance with any major renovation (improvement of greater than 51 % value of building). All buildings with federally backed mortgages are required to obtain flood insurance. This Policy is not relevant and should be deleted. However, one or more policies should be added to require the County to monitor and work with federal, state and regional agencies to plan for sea level rise in the future. [Planning Commission (CCPC) Comment from the August 27 2010 EAR Workshop — Suggesting that the Policy be retained as written to account for life expectancy of buildings of over 75 years.] /Environmental Advisory Council (EAC) Comment from the November 3 2010 Adoption Hearing — The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.] [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the EAC and CCPC recommendations.] 49 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT OBJECTIVE 12.1: The County will maintain hurricane evacuation clearance times as required by state law. An evacuation clearance time shall be defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e., winds equal to or greater than 39 mph. To further these objectives, for future mobile home developments located outside of the storm surge zone, such development shall include on- site sheltering or retro - fitting of an adjacent facility. The Collier County Emergency Management Department shall seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. Objective Achievement Anal While population growth has stabilized, the county is still considered to have a deficit of shelter space that can be utilized for its population. Seasonal populations, economy and storm surge expected without regard to category supports the need for additional shelter space. This Objective remains relevant and should be retained. This Objective is affected by changes to Chapter 163, Florida Statutes, which were adopted into law in 2006, as follows: [Note: This is not a mandate, rather an option should the County desire to increase residential density within the CHHA through a GMPA] 163.3178(9)(b) Requires the addition of a new section establishing a level of service for out - of- county hurricane evacuation of no greater than 16 hours for a category 5 storm for any local government that wishes to follow the process in s.163.3178(9)(a) but has not established such a level of service by July 1, 2008. Ch. 2006 -68, LOF. Policy Relevance: Policy 12.1.1: Collier County will develop and maintain a comprehensive public awareness program. The program will be publicized prior to May 301h of each year. Evacuation zones, public shelters and evacuation routes shall be printed in each local newspaper, displayed on the Collier County Emergency Management website, and the availability of this information will be discussed on local television newscasts. This information shall also be made readily available to all hotel /motel guests. Policy Achievement Analysis: Policy 12. 1.1 states that a comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings will be printed in each local newspaper. This information will be made readily available to all hotel /motel guests and other alternative media forums. The County cannot ensure that this information gets printed in each publication. The Policy remains relevant and should be retained. However, the Policy should be revised to remove the phrase, "printed in" and replace with "provided to." Policy 12.1.3: The County shall continue to identify and maintain shelter space for 32,000 persons by 2006 and 45,000 by 2010. Shelter space capacity will be determined at the rate of 20 square feet per person. 50 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: Policy 12.1.3 requires that the County continue to identify shelter space that complies with Red Cross standards for 32,000 persons by 2006 and 45,000 persons by 2010. Shelter space will be determined at the rate of 20 square feet per person. Collier County recommends that these dates and numbers be revised based upon the figures computed from the Southwest Florida Regional Planning Council's Hurricane Evacuation Study Update. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect current shelter space figures of 32,000 persons by 2012 and 45,000 persons by 2015. Policy 12.1.5: On -site shelters within mobile home parks or mobile home subdivisions shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level, based upon the most current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and structures designated as "essential facilities" in the latest Florida Building Code, shall guide the design and construction of the required shelters. Shelters shall be constructed with emergency electrical power and potable water supplies; shall provide glass protection by shutters or other approved material /device; and shall provide for ventilation, sanitary facilities and first aid equipment. A telephone, automatic external defibrillator (AED) and battery- operated radio are also required within the shelter. Policy Achievement Analysis: This Policy remains relevant and should be retained, except that the last sentence should be amended to read, "battery operated radio with NOAA weather S.A.M.E. (Specific Area Message Encoded) capability." Policy 12.1.7: The County shall update the hurricane evacuation portion of the Collier County Comprehensive Emergency Management Plan prior to June 1st of each year by integrating all appropriate regional and State emergency plans in the identification of emergency evacuation routes. Policy Achievement Anal This Policy remains relevant and should be retained. fPlanning Commission (CCPC) Comment from the August 27 2010 EAR Workshop — Suggesting to add the requirement to "coordinate with municipalities. " J [Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the CCPC recommendation.] Policy 12.1.9: Collier County shall annually update its approved Hazard Mitigation Plan, formerly known as the "Local Hazard Mitigation Strategy" through the identification of new or ongoing local hazard mitigation projects and appropriate funding sources for such projects. Policy Achievement Analysis: This Policy remains relevant, but should be revised to read, "Collier County through its Local Mitigation Working Group shall annually update its approved Local Mitigation Strategy (LMS), 51 CONSER VA TIONAND COASTAL MANAGEMENT ELEMENT through the identification and review of new or ongoing local hazard mitigation projects including, appropriate funding sources for such projects." Policy 12.1.11: The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (1999). Policy Achievement Analysis: This Policy remains relevant and should be retained, except that the referenced date should be revised to reflect the year 2007. Policy 12.1.12: The County will continue to work with the Board of Regents of the State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (1999) and the Florida Building Code. Policy Achievement Analysis: This Policy remains relevant and should be retained, except that the referenced date should be revised to reflect the year 2007. Policy 12.1.13: The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants, Hazard Mitigation and Pre - disaster Mitigation Grant Programs funding, and from funds identified in the State's annual shelter deficit studies. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, cost - sharing and other requirements sometimes are not acceptable to the County. The Policy should be revised to delete the word "from" after the word "and "; and, add the phrase, "...as funding requirements permit." at the end of the paragraph. Policy 12.1.14: Prior to adoption of the 2007 Annual Update and Inventory Report (A.U.I.R.), Collier County shall evaluate whether to include hurricane shelters in the 5 -year schedule of Capital Improvements. Policy Achievement Analysis: This Policy is no longer relevant and should be deleted, as the Board of County Commissioners does not support the inclusion of hurricane shelters within the 5 -year schedule of Capital Improvements. Policy 12.1.15: All new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ( "State Requirements for Educational Facilities," 1999). Additionally this area shall be capable of ventilation or air conditioning provided by back -up generator for a period of no less than 48 hours. 52 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT Policy Achievement Analysis: This Policy remains relevant and should be retained. However, the Policy should be revised to make consistent with current State and Local guidelines: delete the phrase, "...for more than 15 clients "; delete "48 hours" and replace with "72" hours; and revise the date reference to reflect "2007." Policy 12.1.17: Collier County is currently conducting a hurricane evacuation re- study. If warranted by the results of these studies, further restriction on development may be proposed. Policy Achievement Analysis: This Policy remains relevant and should be retained. However, for clarity and accuracy, the County recommends revising the Policy to read, "Hurricane Evacuation Studies for Collier County are periodically conducted by the State of Florida and Federal Authorities. If warranted by the results of these studies, further restriction on development may be proposed." OBJECTIVE 12.2: The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: a. Construction above the flood plain; b. maintaining a protective zone for wildfire mitigation; c. installation of on -site permanent generators or temporary generator emergency connection points; d. beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; e. emergency road repairs; f. repair and /or replacement of publicly owned docking facilities, parking areas, and sea walls, etc. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 12.2.5: The County shall consider the Coastal High Hazard Area as a geographical area lying within the Category 1 storm surge zone as presently defined in the 2001 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency Management Department and approved by the Board of County Commissioners. Policy Achievement Analysis: Policy 12.2.5 requires the County to consider the coastal high - hazard area as that area lying within the Category 1 evacuation zone as defined in the 2001 Southwest Florida Regional Planning Council Hurricane Evacuation Study. It should be noted that the draft 2011 Evacuation Study has been completed, but is still under review by staff and the State. 53 CONSER VA TION AND COASTAL MANAGEMENT ELEMENT This Policy is affected by changes to Chapter 163, Florida Statutes, which were adopted into law in 2006, as follows: 163.3178(2)(h) Requires a change to the definition of the Coastal High Hazard Area (CHHA) to be defined as the area below the elevation of the category 1 storm surge line as established by the SLOSH model. Ch. 2006 -68, LOF. This Policy remains relevant and should be retained, except that the definition of the CHHA should be revised consistent with 2006 legislative changes. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post- hurricane disasters. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re -entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy Achievement Analysis: Policy 12.3.2 states that, after a hurricane that necessitated an evacuation, the Board of County Commissioners will meet to hear preliminary damage assessments. This will be done prior to re -entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. This Policy remains relevant and should be retained. However, the Policy should be revised to remove the second sentence, and change "will" to "may" in the last sentence. Policy 12.3.3: The Recovery Task Force shall include the Sheriff of Collier County, the Community Development and Environmental Services Division Administrator, the Comprehensive Planning Director, the Zoning and Land Development Review Director, the Emergency Management Director and other members as directed by the Board of County Commissioners. The Board should also include representatives from municipalities within Collier County that have received damage from the storm to become members of the Recovery Task Force. Policy Achievement Analysis: Policy 12.3.3 recommends that the recovery task force will include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect current departmental references. 54 CONSER VATION AND COASTAL MANAGEMENT ELEMENT OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large -scale disaster, the County Emergency Management Department shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. Objective Achievement Analysis: This Objective remains relevant and should be retained. However, the Objective should be revised as follows: delete, "people with special needs" and replace with "Persons with Special Needs (PSN)" within the first sentence; delete "...the County Emergency Management Department shall..." and replace with "...the County Emergency Management Department in coordination with the Collier County Health Department and other officials shall..." G:ICDES Planning Services\ComprehensiveQ011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendmentslElements\CCME - MMICCME Assessment and Recommendations.docx 55 CONSERVATIONAND COASTAL MANAGEMENT ELEMENT EAR -based GMP Amendments Intergovernmental Coordination Element— CCPC Transmittal Draft 01 -06 -11 Goal, Objectives, and Policies Intergovernmental Coordination Element GOAL: p.• PROVIDE Ft-3R TWr-m CQUXIM, I A I CYf-U A kit--= S-C IMM-a-DAMATIZA] AWIT, TUC—"CC a_ .. -. -. nME a r ■ r . - - _ o a ■ r _. r . ■ - ■ Vffmh7al E 0 171 -NO.Tal r ■ -. . a- - . COLLIER COUNTY WILL MAINTAIN OR ENHANCE THE LEVEL OF COORDINATION AND COOPERATION AMONG THE VARIOUS GOVERNMENTS, AUTHORITIES AND AGENCIES MAKING DECISIONS AFFECTING NATURAL RESOURCES, HOUSING, HISTORIC AND ARCHAEOLOGICAL RESOURCES, PUBLIC FACILITIES, AND PUBLIC SERVICES WITHIN AND AROUND COLLIER COUNTY TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1: [Revised text, page 3] Collier County (County) shall continue to establish and maintain intergovernmental communication and level of service coordination mechanisms to be used by the County, Everglades City, the City of Marco Island, the City of Naples, and the City of Bonita Springs, adjacent Lee County, Hendry County, Broward County, Dade County, Monroe County, the District School Board of Collier County School Board, the State of Florida, the Florida Department of Environmental Protection Florida Department of Transportation, and South Florida Water Management District, and any other entity that provides a service but may not have land use authority. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.2: [Revised text, page 3] The Collier County Comprehensive Planning Depai4fnen4 Section shall be the designated liaison to disseminate information on proposed Growth Management Plan amendments under review by the County, which have the potential to affect any of the entities listed in Objective 1. DRAFT Words underlined are added; words stFuGk thmugh are deleted. EAR -based GMP Amendments Intergovernmental Coordination Element— CCPC Transmittal Draft 01 -06 -11 Policy 1.3: [Revised text, page 3] The Collier County Comprehensive Planning Degas Section shall continue to prepare and review the Annual Update and Inventory Report (AUIR) as an annual level of service monitoring report for the capital facilities included within the Growth Management Plan. The purpose of this report is to provide the affected entities with the necessary information to evaluate and coordinate level of service standards. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2: [No change to text, page 3] Policy 2.1: [Revised text, page 4] Collier County will continue to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between the County and r-espesfive appropriate governmental or private entities. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.6: [Revised text, page 4] The County shall continue to coordinate with The District School Board of Collier County for collaborative planning and decision making on population projections, the public school site selection for new public educational and ancillary facilities, and the location and extension of public facilities subject to concurrency, to support existing and proposed public educational facilities in aeeeFdanee YA4h the eexeraihterleeal -- o---- 27-, 2003 - - - - -- -- - -� - -- -- by the Board -- - - ---� ---� -.,.,� Getmty .,, �... Cewmtssteaer-s, �.,aaa.,a .,��.aa., ✓V11V\Jl 1JVGllti ef and as subsequeat4y amended a13 Agreement adopted May 15, 203 0 L, i a by Cellier- C en May 27 by the Board of G -' the t S Board * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.8: [Revised text, page 4] The County shall coordinate with the South Florida Water Management District and other regulatory agencies in implementing the Growth Management Plan. Policy 2.9: [Revised text, page 4] The County shall continue to coordinate with The District School Board of Collier County for the regulatory review of residential development for school concurrency in ,n.vvva,..w.aaVV with F.lVV.1V11 07. '[a44er OBJECTIVE 3: [No change to text, page 5] Policy 3.1 [Revised text, page 5] Bored upon See4ien W5.015 -te e)- 4- , Florida Administfafive Code, Collier County shall work with the local municipalities to identify and implement joint planning areas and/or joint infrastructure service areas for the purpose of planning for potential future DRAFT Words underlined are added; words stefGk thmugb are deleted. 2 EAR -based GMP Amendments Intergovernmental Coordination Element— CCPC Transmittal Draft 01 -06 -11 municipal annexation of such areas. The identified joint planning areas and/or joint �-. infrastructure service areas shall be depicted on the County's Future Land Use Map series. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** EAR -ICE — CCPC Workshop Draft — 9114111 G:ICDES Planning ServiceslComprehensive12011 EAR -BASED GMP AMENDMENTMCPC Workshop Draft Does Cv DRAFT Words underlined are added; words stFuGk thFough are deleted. 3 Intergovernmental Coordination Element - ICE � Introduction and Background The Intergovernmental Coordination Element (ICE) is the portion of the Collier County Growth Management Plan (GMP) that contains the County's Goal, Objectives and Policies with regard to relations between the County and non - County governmental entities (as well as quasi - governmental entities, including utility companies). The ICE contains a single Goal, which states the primary purpose of this Element. A list of interlocal agreements is provided at the conclusion of the ICE Objective and Policy analysis. Objectives Analysis: The ICE Goal reads as follows: "PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROWARD, DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF EVERGLADES AND NAPLES, COLLIER COUNTY SCHOOL BOARD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRINTIUNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE DIVISION (MSTU), FLORIDA WATER SERVICES, FLORIDA CITIES WATER COMPANY, MEDIA ONE, AND CABLEVISION INDUSTRIES THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS." Objective Achievement Analysis: Collier County recommends generalizing names when possible. For example: COLLIER COUNTY WILL MAINTAIN OR ENHANCE THE LEVEL OF COORDINATION AND COOPERATION AMONG THE VARIOUS GOVERNMENTS, AUTHORITIES AND AGENCIES MAKING DECISIONS AFFECTING NATURAL RESOURCES, HOUSING, HISTORIC AND ARCHAEOLOGICAL RESOURCES, PUBLIC FACILITIES, AND PUBLIC SERVICES WITHIN AND AROUND COLLIER COUNTY, TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1: Collier County (County) shall continue to establish and maintain intergovernmental communication and level of service coordination mechanisms to be used by the County, Everglades City, the City of Marco Island, the City of Naples, and the City of Bonita Springs, adjacent Lee County, Hendry County, Broward County, Dade County, Monroe County, the District School Board of Collier County School Board, the State of Florida, and any other entity that provides a service but may not have land use authority. 1 Intergovernmental Coordination Element Obiective Achievement Analysis: Collier County recommends the insertion of the Florida Department of Environmental Protection, Florida Department of Transportation, and South Florida Water Management District. Including these agencies will ensure coordination of key policies that relate to water supply planning and watershed management plans. Policy 1.2: The Collier County Comprehensive Planning Department shall be the designated liaison to disseminate information on proposed Growth Management Plan amendments under review by the County, which have the potential to affect any of the entities listed in Objective 1. Policy Achievement Analysis: Collier County recommends that this Policy be updated to reflect that the former Comprehensive Planning Department is now the Comprehensive Planning Section. Policy 1.2 requires the Collier County Comprehensive Planning Department to be the designated liaison to disseminate information on proposed Growth Management Plan amendments by the County which affect any of the entities listed in Objective 1.1. Policy 1.3: The Collier County Comprehensive Planning Department shall continue to prepare and review the Annual Update and Inventory Report (AUIR) as an annual level of service monitoring report for the capital facilities included within the Growth Management Plan. The purpose of this report is to provide the affected entities with the necessary information to evaluate and coordinate level of service standards. Policy Achievement Analysis: The County recommends that this Policy be updated to reflect that the Comprehensive Planning Department recently became the Comprehensive Planning Section. Policy 1.3 requires the Collier County Comprehensive Planning Department to prepare and review an annual level of service monitoring report for the facilities included within the Growth Management Plan. The purpose of this report is to provide the affected entities with the information in order to evaluate and coordinate level of service standards. This task is incorporated into the County's Annual Update & Inventory Report (AUIR) for the County's capital facilities. OBJECTIVE 2: The County shall coordinate its land use planning strategy, including an assessment of proposed development, with that of other governmental and private entities. Obiective Achievement Analysis: Collier County recommends the text remains as written. With regard to other governmental and non - governmental entities, as well as the general public, the County takes due care that all matters coming before the Board of County Commissioners with regard to land use changes are properly noticed and advertised, and that there is a public opportunity for all interested parties to present comments and recommendations to the Commission. Additionally, Collier County's proposed GMP amendments and Land Development Code (LDC) changes are either available online, in other electronic version, or as 2 Intergovernmental Coordination Element printed documents. In addition, all land use - related documents are available to anyone upon request for a minimal copying fee. Policy 2.1: Collier County will continue to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between the County and respective governmental or private entities. Policy Achievement Analysis: Collier County recommends minor text change. Agreements should not be limited to governments and entities within Collier County. Collier County recommends expanding to "appropriate" governmental or private entities. Policy 2.6: The County shall continue to coordinate with The District School Board of Collier County for collaborative planning and decision making on population projections, the public school site selection for new public educational and ancillary facilities, and the location and extension of public facilities subject to concurrency, to support existing and proposed public educational facilities in accordance with the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Policy Achievement Analysis: Collier County recommends the text be revised to reflect new .-� dates or generalize text so that dates are not specified. Public Comment from 3 -15 -10 EAR Public Meetin • Better coordination between School Board (sitting) and County Government (locate schools where infrastructure is available or planned). Policy 2.6 requires that the County coordinate with the Collier County School Board on the site selection for new public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants in accordance with the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. This policy should be revised to remove dates and or revise dates. As an alternative, text should be revised so that specific dates of agreements are not specified. Policy 2.7: Collier County hereby adopts, as part of this Intergovernmental Coordination Element, the Southwest Florida Regional Planning Council's Rule 29I -7, Florida Administrative Code, dated April 1994, which establishes a voluntary regional dispute process to reconcile differences on planning, growth management, and other issues among local governments, regional agencies and private interests. Policy Achievement Analysis: Collier County recommends the text be revised to reflect new dates and requirements. 3 Intergovernmental Coordination Element Policy 2.7 incorporates into the Growth Management Plan, by reference, the Southwest Florida Regional Planning Council's (SWFRPC's) Dispute Resolution, Rule 29I -7, dated April 1994. This policy should be revise to include portions of Rule 29I -7 have been updated since 1994 and date will change per new SB360 -2009 requirement. Collier County recommends amending references to date or update dates, and to include new requirement for mandatory mediation (SB360 -2009, amending §186.509). Policy 2.8: The County shall coordinate with the South Water Management District and other regulatory agencies in implementing the Growth Management Plan. Policy Achievement Analysis: Collier County recommends correcting SFWMD name. Policy 2.8 requires the County to coordinates with the South Water Management District and other regulatory agencies. This is an on- ongoing task. Collier County recommends including "Florida" to correct the name of the cited agency. Policy 2.9: The County shall continue to coordinate with The District School Board of Collier County for the regulatory review of residential development for school concurrency, in accordance with Section 163.3180(13) Florida Statutes. Policy Achievement Analysis: Collier County recommends minor text revisions. Policy 2.9 requires the County to coordinates with The District School Board of Collier County in regard to the review of residential development for school concurrency. This is an on- ongoing task. Collier County recommends including a comma that is missing prior to Florida Statutes, n and referring to Section 163.3180 only. OBJECTIVE 3: Collier County shall develop procedures to identify and implement joint planning areas for the purposes of municipal annexation, municipal incorporation and joint infrastructure service areas. Obiective Achievement Analysis: Collier County recommends the text remains as written. Section 9J -5.015 (3) (c) 4., Florida Administrative Code, requires the Intergovernmental Coordination Element (ICE) to: "Provide procedures to identify and implement joint planning areas for the purposes of annexation, municipal incorporation and joint infrastructure service areas." This is the only provision within the State's ICE Rule that is related to annexation. This is an on -going task. 4 Intergovernmental Coordination Element EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 Goal, Objectives and Policies Future Land Use Element (FLUE) IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION -MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. [No change to text - provided for context, page 11 ] OBJECTIVE 1: [No change to text - provided for context, page 11 ] Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub - districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is 11-IN designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.4: [Revised text, page 12] The CONSERVATION Future Land Use Designation sha14 may include a Future Land Use District. Policy 1.5: /re- lettered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 [Revised text, page 12] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore /Gateway Triangle Redevelopment Overlay G. Urban-Rural Fringe Transition Zone Overlay H. Coastal High Hazard Area Boundary 1. Incorporated Areas DRAFT Words underlined are added; Words G#Kk threug# are deleted. 1 EAR -based GMP Amendments Future Land Use Element— l Transmittal Hearing 1 -5 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2: [No change to text — provided for context, page 12] The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: [Revised text, page 12] The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 444 1_5 of the Capital Improvements Element. * ** * ** * ** * ** * ** text break Policy 2.4 * ** * ** * ** * ** * ** [Revised text, page 13] Pursuant to Rule 9J- 5.0055(6)(a) 3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Ill 00 . ........ . , ._ .� Ill 11% R Ill "NTIM ._ N11 .. " Jill ._ Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. DRAFT Words underlined are added; words Stil thFil are deleted. 2 - , ._ .� NO Jill ._ Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. DRAFT Words underlined are added; words Stil thFil are deleted. 2 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 Policy 2.5 [Revised text, pages 13 -14] The County shall has designated Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the I -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road extended) on the west side (See Map TR -6). * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3: [No change to text — provided for context, page 14] .-� Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes (F.S.), in order to ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 4: [No change to text — provided for context, page 16] In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.5: [Revised text, page 16] An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. The detailed inventory of industrial land uses will be periodically ppdated. Subsequent to eempletion DRAFT Words underlined are added; words stfuok thfough are deleted. 3 EAR -based GMP Amendments Future Land Use Element— CCPC Transmittal Hearing 1 -5 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 4.7: [Revised text, page 17] The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners The Bayshore /Gateway Triangle Redevelopment Plan was adopted by the Board on Mar-eh 14, 2000 June 13, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport- Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13 2000 Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between U.S. 41 North and Goodlette -Frank Road; b. U.S. 41 North in Naples Park; and, C. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** MMM * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 5: [No change to text — provided for context, page 18] In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stFuGk thFough are deleted. 4 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 Policy 5.3: [Revised text, page 19] Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any changes additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.14: [pages 21 -22] [note: revisions to this policy are not depicted below, pending action on a new Interlocal Agreement] Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on -site facilities, including sports stadiums, gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board DRAFT Words underlined are added; words stFuGk through are deleted. 5 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. C. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or IAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series and Public School Facilities Element Map Series, as provided for in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the aforementioned general Interlocal Agreement and SBR Interlocal Agreement, and subject to the implementing land development regulations. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition; 2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public DRAFT Words underlined are added; words StFUGk thFeugh are deleted. 6 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC),Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (I) zoning districts. (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or Estates (E) zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. .-. f. Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF -6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary plants are permitted by right in the General Commercial (C -4), Heavy Commercial (C -5), and Industrial (I) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Objective 6 [Revised text, page 23] Transportation Concurrency Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the DRAFT Words underlined are added: words stfask-thmugh are deleted. 7 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation Concurrency Management Areas are hereb have been established in the specific geographic areas described in Policy 2.5 of this Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 6.3: [Revised text, page 24] In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. �l LMO-131dina L ,.f' ')co/ _4F +L- e) d) VeWeul Providing vehicular access to abutting commercial properties * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 7 [Revised text, page 24] In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.3 [Revised text, page 24] All new and existing developments shall be encouraged to connect their local streets and/or their- interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.7 [Revised text, page 25] The Ce velopment and — £nvir-ennextal— Ser-viEes- Growth Management Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. DRAFT Words underlined are added; words strur-k thFougb are deleted. 8 EAR -based GMP Amendments * ** * ** * ** * ** Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 * ** text break * ** * ** * ** * ** * ** FUTURE LAND USE DESIGNATION DESCRIPTION SECTION [No change to text — provided for context, page 26] The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION [No change to text — provided for context, page 26] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** A. Urban Mixed Use District [No change to text — provided for context, page 28] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** B. DENSITY RATING SYSTEM: [No change to text — provided for context, page 47] This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban Mixed Use District; and, on a very limited basis, Agricultural/Rural. It is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan and the Golden Gate Area Master Plan; these two Elements have their own density provisions. The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). 1. The Density Rating System is applied in the following manner: [Revised text, page 48] a. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre may be allowed, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of. the commercial and industrial portions of a project, except where authorized in a Subdistrict, such DRAFT Words underlined are added; words stfusk through are deleted. 9 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 as the Orange Blossom Mixed -Use Subdistrict; and, mixed residential and n commercial uses as provided for in the C -1 through C -3 zoning districts in the Collier County Land Development Code; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. b. Within the Urban Residential Fringe Subdistrict, the Density Rating System is applicable for the Affordable - workforce Housing Density Bonus only, as specifically provided for in that Subdistrict. C. Within the Rural Lands Stewardship Area Overlay (RLSA), the Density Rating System is applicable for the Affordable- workforce Housing Density Bonus only, as specifically provided for in the RLSA for Stewardship Receiving Areas. d. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings or accessory structures that are not intended and/or not designed and/or not authorized for permanent occupancy, and is not applicable to accessory dwellings or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, servants quarters, mother -in -law's quarters, cabanas, guest suites, and the like. e. All new residential zoning located within Districts, Subdistricts and Overlays n identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 2. Density Bonuses [No change to text — provided for context, page 48] Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** a. Conversion of Commercial Zoning Bonus: [Revised text, page 49] DRAFT Words underlined are added; words straskt►roegh are deleted. 10 EAR -based GMP Amendments Future Land Use Element— CCPC Transmittal Hearing 1 -5 -12 If a project includes the conversion of commercial zoning that has been found to be "Consistent By Policy" through the Collier County Zoning Re- evaluation Program (Ordinance No. 90 -23), then a bonus of up to 16 dwelling units per acre may be added for every one (1) acre of commercial zoning that is converted to residential zoning. These bonus dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. The conversion of commercial zoning bonus is not applicable within the Coastal High Hazard Area. b. Proximity to Mixed Use Activity Center or Interchange Activity Center: [Revised text, page 49] If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Coastal High Hazard Area. C. Affordable - Workforce Housing Bonus: s-� [Revised text, page 49] As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420.9071, F.S. To encourage the provision of affordable - workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable- workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance #04 -41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable - workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable - workforce Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable - workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. The affordable- workforce housing bonus is not applicable within the Coastal High Hazard Area. DRAFT Words underlined are added; words stfuskthrough are deleted. 11 EAR -based GMP Amendments Future Land Use Element— CCPC Transmittal Hearing 1 -5 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** e. Roadway Access [Revised text, page 50] If the project has direct access to two or more arterial or collector roads as identified in the Transportation Element, one residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Tfaffie Gengesti Coastal High Hazard Area 3. Density Reduction Consistency with the following characteristic would subtract density: [Revised text, pages 50 -51] a• Congestion Coastal High Hazard Area If the project lies within the Tiaffi , Congestion Coastal High Hazard Area, an area identified as subjeet te "" + `� one dwelling �""' � unit per gross acre shall wsu be subtracted from the eligible base density of four dwelling units per acre. The Traffie Gengestien Beundary Coastal High Hazard Area boundary is enerally shown on the Future Land Use Map and is more precisely shown in the Future Land Use Map series' and eensist all lands leg Design-ated-Ar-ea seaward of that a boundary are within the Coastal High Hazard Area marked by AiEpei4 n Pulling Read (ineluding an extensien nel4h to the c-plintAy- 1--A— County Bam Read, and Rattl8Sn3c Lc-TizararzA�xc�c�i� eensistei# with the Mixed Use Aetivity Center's r-esidefitial density band Read and Geunty Read 95! (ineluding an extension to the east, but eNe'—we of the outlying Urban designated areas ef Copeland, , Pe -of th T Plafitatien island, and hekeleskee). TL9pefties adjaeen4 to fafe Gengestien Area shall be eensider-ed ct of the T au f Congestion A w if n'nZTny C�t-" the -Ar 'P 'C�'IIow .Zer-j Tf Element, the Tr-affie the T-mffie Congestion Area it will -not be sul�eet te the de Y 4, and Tart$ peratcrraElement PQl}e}Ps 5.5 and r -rv, -amt tfanspertation, pufsuant to the - TCrcieatien - pr -ee °us desefibed ka TfanspeFtatiea Element PeNey 5.6, and that inelude aff-er-dable h.--: (as per Seetion 2.7.7 of the Gellier- Geufit�, Land Development Cede, as amende" paFt ef the plim of development. This r-eduetion sha4l likewise net be applied 5.7 and 5.8,. and that inelude Aff-er-dable 14eusing (as per- Seetie DRAFT Words underlined are added; words 6#uGk44F9uO are deleted. 12 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** C. Urban Commercial District [No change to text —provided for context, page 53] This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non - residential uses. 1. Mixed Use Activity Center Subdistrict [Revised text, pages 53 -57] Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this includes 3 Interchange Activity Centers ( #4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted as they are now within the incorporated City of Marco Island. # 1 Immokalee Road and Airport- Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 4 I -75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake- Hammock Road and Collier Boulevard # 8 Airport- Pulling Road and Golden Gate Parkway # 9 I -75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #10 I -75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport- Pulling Road #12 US 41 and Pine Ridge Road #13 Airport- Pulling Road and Pine Ridge Road #14 Goodlette -Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport- Pulling Road #17 US 41 and Rattlesnake- Hammock Road #18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a DRAFT Words underlined are added; words stfask tbFOugh are deleted. 13 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 human-scale, to be pedestrian- oriented, and to be interconnected with abutting projects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel /motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The actual mix of the various land uses shall be determined during the rezoning process based on consideration of the factors listed below. Except as restricted below under the provision for Master Planned Activity Centers, all Mixed Use Activity Centers may be developed with any of the land uses allowed within this Subdistrict. For residential -only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict c: T,. fba Coastal F.. nge Subdi * ' * and is not within the Coastal High Hazard Area, up to 16 residential units per gross acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban CoastaFringe - c�stfie Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, exeept as allowed by dens4y +ing s yste., If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only n project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** The boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual, fixed boundaries and cannot be adjusted without a comprehensive plan amendment, except as provided below for Master Planned Activity Centers. Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as a Master Planned Activity Center,_ _ via the rezoning_ process. A Master Planned Activity Center is one which has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area -wide Development of Regional Impact. If choosing to designate a Mixed Use Activity Center, or portion thereof, as a Master Planned Activity Center, the property Pr-epeAy owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Activity Center process; as provided below. DRAFT Words underlined are added; words stfuskthrough are deleted. 14 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake- Hammock Road and Collier Boulevard # 14 Goodlette -Frank Road and Golden Gate Parkway In recognition of the benefit to the public road network resulting from the coordination of planned land uses and coordinated access points to the publ e F-ea rte, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus location of uses permitted within a designated Mixed Use Activity Center. The boundaries of Master Planned Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below. However, the acreage within the reconfigured Activity Center shall not exceed that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Activity Center: [changes made to # 1 & first paragraph of #2] 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. u,,wey if ., „ pei4 , has less than 5 i of ,-ship within ., quadrant, 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. The maximum amount of commercial uses allowed at Activity Center 47 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area DRAFT Words underlined are added; words stnfsk tttraugh are deleted. 15 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses ") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self - storage facilities — this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys — these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings /properties; and, fitness centers. The maximum amount of commercial uses allowed at Activity Center #14 (Goodlette -Frank Road and Golden Gate Parkway) is 45 acresi for- eemme -eial use, the balance of the land uses shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. 3. The location and configuration of all land uses within a Master Planned Activity Center shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network. 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections) into the applicant's Master Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** II. AGRICULTURAL/RURAL DESIGNATION [No change to text — provided for context, page 66] DRAFT Words underlined are added; words stfUGk thFough are deleted. 16 EAR -based GMP Amendments Future Land Use Element— CCPC Transmittal Hearing 1 -5 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** A. Agricultural/Rural Mixed Use District [No change to text — provided for context, page 67] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** B. Rural Fringe Mixed Use District [No change to text — provided for context, page 69] The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi - rural, rapidly developing, large -lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed Use District do not represent a significant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part, to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights - of -way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: [No change to text — provided for context, page 69] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. [No change to text — provided for context, page 76] DRAFT Words underlined are added; words dough are deleted. 17 EAR -based GMP Amendments Future Land Use Element— CCPC Transmittal Hearing 1 -5 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 7. Permitted Uses: Permitted uses are limited to the following: [No change to text — provided for context, page 77] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** [Revised text, pages 77 -78] f) Essential Services necessary to serve permitted uses identified in Section 5*. 7.a through 5-e) 7.e) such as ... * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 8. Conditional Uses: [Revised text, page 78] a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in 4#) 71). Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one -year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. (2) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3) Commercial uses accessory to permitted uses ^.a' 4.e) and 4:} 7.a), 7.c and 74, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 4. Exemptions from the Rural Fringe Mixed Use District Development StandflMs [Revised text, page 84] The requirements, limitations and allowances of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects DRAFT Words underlined are added: words stFUsk-t#reugh are deleted. 18 EAR -based GMP Amendments Future Land Use Element — CCPC Transmittal Hearing 1 -5 -12 for which a Conditional use or- Rezone petitien has been approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the Coun prior to June 19, 2002 — inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include on- site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** V. OVERLAYS AND SPECIAL FEATURES [No change to text — provided for context, page 87] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** H. Coastal Hieh Hazard Area: [Revised text, page 120] Policy 12.2.5 of the Conservation and Coastal Management Element (COME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is generally depicted on the �-. Future Land Use Map and is more precisely shown in the Future Land Use Map series; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Future Land Use Map and Map Series [Revised maps, following FLUE text] a. Amend countywide Future Land Use Map to: 1. Delete Traffic Congestion Area boundary (correlates to changes in Density Rating System) 2. Revise Coastal High Hazard Area boundary (correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element) 6.11 , [Note: This map deletion correlates to adoption of a new Consistent by Policy Map, and related Policy 6.1.9, into the Immokalee Area Master Plan via petition CP- 2008 -5; should that not occur, this map should be retained.] ��. EAR -based amendments — CCPC Transmittal - FLUE 1 -5 -12 G: \CDES Planning Services \Comprehensive\David\2011 EAR - dw \GMPAs 2011 EAR -based dw /1 -5 -12 DRAFT Words underlined are added; words stFusk#Feug# are deleted. 19 Assessment of the Success and Shortcomings and Recommendations for the Future Land Use Element A. Introduction and Background The Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP) establishes the geographic framework for growth and development in Collier County. As such, the FLUE is the most frequently amended portion of the GMP. Since the adoption of the County's 2004 EAR -based Amendments in January 2007, the FLUE has been amended on six occasions. The FLUE includes three major sections: an Overview, the Implementation Section, and a Support Document containing land use data and analysis. The purpose of the Overview is to provide an introduction as to the purpose, basis and underlying concepts and special issues addressed by the FLUE. The Implementation Strategy is where the Element is brought into legal effect. Included within this section are the Goals, Objectives, Policies and the Future Land Use Map (FLUM) and correlating Future Land Use Designation Description Section. Collier County's FLUE gives emphasis to the future land use categories (designations) contained in the Future Land Use Designation Description Section of the Implementation Strategy. The Support Document is comprised of land use data and analysis which provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J- 5.006, Florida Administrative Code, minimum requirements for the FLUE. The overall purpose of the FLUE is to guide decision - making with regard to regulatory, financial and programmatic matters pertaining to land use. This Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy is closely coordinated with the County's strategy for the provision of public facilities, as described in the Capital Improvements and Public Facility Elements (and Sub - elements) of the GMP and with the strategies to protect and conserve natural resources as found in the Conservation and Coastal Management Element. HB 697 was enacted by the Florida Legislature in 2008, and now, in part, is codified within Ch. 163.3177(6)(a) and (d). It requires the future land use plan to discourage urban sprawl, to be based upon energy- efficient land use patterns and to include greenhouse gas reduction strategies. All of these requirements are addressed in the existing Objectives and Policies within the FLUE, as noted in the assessment below. HB 697 also requires the future land use map to "identify and depict ... energy conservation." Collier County has no energy conservation features, such as the DeSoto Next Generation Solar Energy Center in DeSoto County, to depict on its future land use map. Instead, energy conservation measures occur at a micro scale, e.g. solar panels on individual single family dwellings. B. Objective Analysis OBJECTIVE 1: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub - districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use 1 FUTURE LAND USE ELEMENT with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. [This Objective is provided for contextual purposes only, no change is proposed] Policy Relevance: Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy Achievement Analysis This Policy has existed in the FLUE since the GMP was adopted in 1989. A District has never been created - or needed - in this Designation. However, the potential remains for a District to be created. This Policy remains relevant and should be retained, but should be revised to allow for, but not mandate, the creation of a District (perhaps replace "shall" with "may "). OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. [This Objective is provided for contextual purposes only, no change is proposed] Policy Relevance: Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public n Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1 .5 of the Capital Improvements Element. Policy Achievement Anal sis• The annual preparation of an AUIR continues to be a valuable tool for Collier County. This Policy remains relevant and should be retained, but should be revised to correct the CIE Policy reference. Policy 2.4 Pursuant to Rule 9J- 5.0055(6)(a) 3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Developments within the South U.S. 41 TCEA that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element, Policy 5.5, and that include affordable housing (as per Section 2.06.00 the Collier County Land Development Code, as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction requirement as contained in the Density Rating System of this Element. 2 FUTURE LAND USE ELEMENT Developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Policies 5.7 and 5.8, and that include affordable housing (as per Section 2.06.00 of the Collier County Land Development Code, as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction requirement as contained in the Density Rating System of this Element. Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy Achievement Analysis: For the most part, the provisions of this Policy remain viable and appropriate. This Policy mostly remains relevant and should be retained but revised. If changes are made to the Density Rating System to delete the Traffic Congestion Area density reduction factor, as proposed later in this FLUE Assessment, then this policy should be revised to delete that reference. Similarly, reference to the affordable housing provision should be deleted if that same change is made to Policy 6.3, as proposed later in this FLUE Assessment. Policy 2.5 The County shall designate Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (See Map TR -6). Policy Achievement Analysis. Collier County has designated both referenced TCMAs. This Policy remains relevant and should be retained, but should be revised to reflect the existence of the TCMAs (perhaps replace "shall designate" on first line with "has designated "). OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. [This Objective is provided for contextual purposes only; no change is proposed] FUTURE LAND USE ELEMENT Policy Relevance: Policy 4.5: An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. Subsequent to completion of the Economic Element of this Growth Management Plan, adopted in December 2003, staff shall prepare an update to the Industrial Land Use Study. Policy Achievement Anal This Policy provides historical reference to an Industrial Land Use Study. Collier County has prepared an update to the Study, by updating the Industrial inventory, about every 2 -3 years, depending upon staffing and workload. Such updates should continue to be prepared. This Policy remains relevant and should be retained, but should be revised to recognize the periodic update (perhaps replace the last sentence with a commitment to periodically update the inventory). Policy 4.7: The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. The Bayshore /Gateway Triangle Redevelopment Plan was adopted by the Board on March 14, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport- Pulling Road. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between U.S. 41 North and Goodlette -Frank Road; b. U.S. 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. Policy Achievement Anal sis• The only redevelopment plans approved by the Board are within the boundaries of a CRA (Bayshore /Gateway Triangle and Immokalee). Preparation of redevelopment plans in the future, as may be directed by the Board, remains an appropriate planning opportunity. Omitted from this Policy is reference to the Immokalee Redevelopment Plan. Also, the referenced date is incorrect. This Policy remains relevant and should be retained, but should be revised to specify that such a redevelopment plan may only be prepared by the County or its agent unless first approved by the Board, to add reference to the Immokalee Redevelopment Plan, and to correct the date reference. Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. 4 FUTURE LAND USE ELEMENT Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the annually updated Capital Improvement Plan, on a continuously rolling basis, population projections shall be calculated for all public facilities using BEBR's medium range growth rate. Population definitions are provided in Policy 1.2 of the Capital Improvement Element. Policy Achievement Analysis: Collier County prepares the information required by this Policy and should continue to do so. However, the County should evaluate the presently -used geographic distribution areas (Planning Communities) for appropriateness of boundaries. This Policy remains relevant and should be retained as written. OBJECTIVE 5: In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. [This Objective is provided for contextual purposes only; no change is proposed] Policy Relevance: Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural /Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. Policy Achievement Analysis: Collier County implements this Policy through the provisions of the Urban designation as well as the Rural Fringe Mixed Use District and Rural Lands Stewardship Area Overlay. This Policy remains relevant and should be retained, but should be revised to clarify changes to the Urban designation refers to the new designation of lands as Urban (perhaps replace "changes" in the third line with "addition "). Public Comment (Community Meeting held on 1125110): Public stated, regarding below item at FLUE Policy 5.6 ( "encourage "experimental" zoning change the TDR program to require use of TDR 's to obtain additional density (cluster housing, guesthouses). Policy 5.14: Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on -site facilities, including sports stadiums, 5 FUTURE LAND USE ELEMENT gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or TAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, n and subject to the implementing land development regulations. c. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or TAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations. d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or TAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series and Public School Facilities Element Map Series, as provided for in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to and the School Board 6 FUTURE LAND USE ELEMENT Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the aforementioned general Interlocal Agreement and SBR Interlocal Agreement, and subject to the implementing land development regulations. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition; 2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (1) zoning districts. (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or Estates (E) zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by .-� the Board of County Commissioners. f. Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF -6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary plants are permitted by right in the General Commercial (C-4), Heavy Commercial (C -5), and Industrial (1) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. Policy Achievement Anal This Policy recognizes and implements the two Inter -local Agreements adopted in 2003 by the BCC and Collier County School Board. Since then, one of the Agreements has been superseded (adopted in 2008 along with the Public School Facilities Element), the other one has expired and its replacement is presently being negotiated. This Policy remains relevant and should be retained, but should be revised as necessary to reflect the changed status and contents of the Agreements as well as any changes necessary to correlate with the Public School Facilities Element. 7 FUTURE LAND USE ELEMENT Objective 6 Transportation Concurrency Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation Concurrency Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element. Objective Achievement Analysis: TCMAs remain a viable transportation management tool. This Objective is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Objective remains relevant and should be retained, but should be revised to reference the establishment of TCMAs in past tense (perhaps replace "are hereby" in the last sentence with "have been "). Public Comment (Community Meeting held on 1125110) Public stated County should reserve right -of -way for light rail. Policy Relevance: Policy 6.3: In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management ^ (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to abutting commercial properties. Policy Achievement Analysis: This Policy is mostly still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. The need for affordable housing is greatly lessened so paragraph d) is no longer appropriate. This Policy remains mostly relevant and should be retained, but paragraph e) should be revised to begin with a verb so as to follow the sentence structure (perhaps add "Providing" before "Vehicular "), paragraph d) should be deleted, and a correlating change should be made to Transportation Element Policy 5.5. OBJECTIVE 7 In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. FUTURE LAND USE ELEMENT Objective Achievement Analysis: The direction provided by this Objective is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. Comprehensive Planning staff reviews all rezone and conditional use petitions for compliance with the Policies under this Objective. This Objective remains relevant and should be retained, but should be revised to reference reduction of greenhouse gas emissions (perhaps add "reduce greenhouse gas emissions," on the second line after "policies, ". Public Comment (Community Meeting, held on 1125110): Public stated encourage smart growth principles — mixed use, urban infill, walkable communities, alternate transportation modes, and more green space. Policy Relevance: Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Policy Achievement Analysis: The direction provided by this Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained, but should be revised for proper wording as connecting interconnection points is nonsensical (perhaps replace "and their interconnection points" with "and/or provide interconnection(s)." Public Comment (Community Meeting, held on 3115110): Public stated stress interconnection and continuity. Policy 7.7 The Community Development and Environmental Services Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. Policy Achievement Analysis: The direction provided by this Policy is still appropriate, all the more so given the requirements and direction of HB 697 enacted by the Florida Legislature in 2008. This Policy remains relevant and should be retained, but should be revised to update the Division name to reflect 2010 reorganization. C. Future Land Use Designation Description — Assessment of Select Provisions In addition to the above Assessment of FLUE GOPs, staff provides below an Assessment of select portions of the Future Land Use Designation Description Section. Urban Designation, Density Rating System Residential Infill To encourage residential in -fill in areas of existing urban development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: 9 FUTURE LAND USE ELEMENT (a) The project is 20 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (e) There is no common ownership with any adjacent parcels; (f) The parcel in question was not created to take advantage of the in -fill residential density bonus and was created before the adoption of this provision in the Growth Management Plan on January 10, 1989; (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands; and, (h) Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Provision Analysis: In the FLUE, the system currently contains both density bonuses and a density reduction. Within most parts of the Urban Area, the base (or minimum) eligible residential density (i.e., the number of units allowed per acre) is four units per gross acre and the maximum eligible density is 16 units per acre, with one exception; eligible density is not an entitlement. This system allows a residential project, or the residential portion of a mixed -use project, to request increased residential density above the base density, or to lose density, if the project meets certain criteria. There are seven density bonus provisions and one density reduction provision. A project may, or may not, be eligible for any number or combination of these bonuses. The Residential Infill bonus has existed since the GMP was adopted in 1989 and has been used numerous times. However, as part of the Rural Fringe GMP amendments adopted in 2002, this bonus provision was modified to increase the eligible property size from 10 to 20 acres, and to add the n requirement that part of the density bonus be derived from TDR credits obtained from RFMUD Sending Lands. The purpose of requiring TDR credits was to help insure the success of the TDR program. It has not worked; since the 2002 amendment, this bonus provision has rarely been used — perhaps once or twice. Though the purpose for requiring use of TDR credits remains valid, that requirement has stifled the use of this bonus provision intended to encourage infill development. Staff and the Planning Commission recommend the TDR requirement be eliminated. However, the Board of County Commissioners determined this provision should remain unchanged Urban Designation, Density Rating System Traffic Congestion Area: If the project lies within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, one dwelling unit per gross acre would be subtracted from the eligible base density of four dwelling units per acre. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport- Pulling Road (including an extension north to the Lee County boundary.) Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east, but exclusive of the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island, and Chokoloskee). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic the Traffic Congestion Area it will not be 10 FUTURE LAND USE ELEMENT subject to the density reduction. Furthermore, the density reduction shall not apply to developments located within the South U.S. 41 TCEA (as identified within Transportation Element, Map TR-4, and Transportation Element Policies 5.5 and 5.6, and FLUE Policy 2.4) that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6, and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of the plan of development. This reduction shall likewise not be applied to developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Element Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7.7. of the Collier County Land Development Code, as amended) as part of the plan of development. Provision Analysis: The Traffic Congestion Area, which is depicted on the FLUM, is the only density reduction provision in the FLUE. If a proposed rezoning project is within the Traffic Congestion Area, defined as "an area identified as subject to long range traffic congestion," one dwelling unit per gross acre is deducted. The Traffic Congestion Area density reduction has existed since the GMP was adopted in 1989. It was intended as a means of reducing long -range traffic impacts of new development within that portion of the coastal urban area that was considered to be subject to traffic congestion in the long term; due to physical and social constraints in this area, construction of new major roads and significant widening of existing roads would not be possible. However, it has not been successful in limiting density because the Density Rating System includes various density bonuses that are applicable within this area, thereby allowing the 1 DU /A density reduction to be counteracted. Also, many projects, especially larger ones, do not build out at their approved density; therefore the desired lower density may result without this regulatory feature. Finally, Transportation staff has since determined this density reduction is not needed. The County has adopted a "checkbook" concurrency system that, in many ways, obviates the need for the Traffic Congestion reduction factor. For these reasons, staff proposes deletion of this provision — as was previously proposed in the 2004 EAR. Also as proposed in the 2004 EAR, staff recommends a new density reduction factor be added in place of the Traffic Congestion Area - a Coastal High Hazard Area (CHHA) density reduction factor for properties lying within the CHHA. The CHHA, depicted on the FLUM, is, as would be expected, more closely related to reduction of hurricane evacuation impacts, a concern for all coastal communities. Also, a CHHA density reduction factor would not be as much of a disincentive to urban infill as it would incorporate a smaller portion of the urban area — the CHHA is smaller than the Traffic Congestion Area. Staff and the Planning Commission recommend the Traffic Congestion Area density reduction factor be deleted and replaced with a Coastal High Hazard Area density reduction factor and so reflected on the FLUM; that correlating changes be made to all GMP references to the Traffic Congestion Area; and, that both the Roadway Access and Proximity to Mixed Use Activity Center or Interchange Activity Center (residential density bands) bonuses be revised to replace reference to Traffic Congestion Area with CHHA reference; and, revise the Conversion of Commercial Bonus to prohibit its application within the CHHA. The Affordable - Workforce Housing Density Bonus would continue to apply within the CHHA. The Board of County Commissioners concurred, except that they determined the Affordable- Workforce Housing Density Bonus provision also should be prohibited within the CHHA. 11 FUTURE LAND USE ELEMENT [Recommendation from October 8 2010 Florida Department of Transportation (FDOT) Comments to the DCA on Proposed EAR (Comment 914): "Please provide analyses to establish the impact of deleting the Traffic Congestion Area Density reduction factor and replacing it with the Coastal High Hazard Area reduction factor. Should substantial additional development occur from this amendment, the department recommends that an Area Wide Traffic Study be conducted and supporting documentation provided to establish that adequate capacity will be available for new trips that will impact state facilities for the long -term horizon year and short -term year 2015 conditions. " Collier County response: There are approximately 480 acres of land zoned A, Rural Agricultural that could potentially be rezoned to residential zoning districts within the area presently encompassed by the Traffic Congestion Area that would no longer be if the recommended amendment was adopted; this would yield a potential density increase of 806 dwelling units. However, it is reasonable to assume that not all of this land will be rezoned to residential zoning districts, rather some may be developed under the "A" zoning district which allows a variety of institutional uses (child care center, church, nursing home, private school, social and fraternal organizations, retail plant nursery, etc.) and essential services (fire /police /emergency medical service stations, public parks, government offices, etc.), and some may rezone to residential at a density not utilizing this amendment. Assuming a 75% rezone rate utilizing the increased density allowance, the potential density increase of the recommended amendment would be 605 DUs. Based upon property locations, these DUs could be distributed throughout the affected area, from along US 41 North near the Lee County line to east of Collier Blvd. along US 41 East. Urban Designation, Urban Commercial District, Mixed Use Activity Center Subdistrict (partial excerpt) Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major n roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this includes 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted as they are now within the incorporated City of Marco Island. # 1 Immokalee Road and Airport- Pulling Road # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 41 -75 and Immokalee Road (Interchange Activity Center) # 5 US 41 and Vanderbilt Beach Road # 6 Davis Boulevard and Santa Barbara Boulevard # 7 Rattlesnake- Hammock Road and Collier Boulevard # 8 Airport- Pulling Road and Golden Gate Parkway # 91 -75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center) #10 1 -75 and Pine Ridge Road (Interchange Activity Center) #11 Vanderbilt Beach Road and Airport- Pulling Road #12 US 41 and Pine Ridge Road #13 Airport- Pulling Road and Pine Ridge Road #14 Goodlette -Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport- Pulling Road #17 US 41 and Rattlesnake- Hammock Road #18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road ^ 12 FUTURE LAND USE ELEMENT The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a human - scale, to be pedestrian- oriented, and to be interconnected with abutting projects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel /motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The actual mix of the various land uses shall be determined during the rezoning process based on consideration of the factors listed below. Except as restricted below under the provision for Master Planned Activity Centers, all Mixed Use Activity Centers may be developed with any of the land uses allowed within this Subdistrict. For residential -only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allows by the density rating system. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the 11-IN, project. Mixed -use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: (1) the mixed use component of the project within the Activity Center shall include a minimum of thirty percent (30 %) of the Activity Center - accumulated density; (2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and, 13 FUTURE LAND USE ELEMENT (3) the portion of the project within the Activity Center shall be developed at a human scale, be pedestrian- oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. Provision Analysis: Mixed Use Activity Centers (MUAC) allow almost all land uses (industrial uses are excluded) - the full array of commercial uses, mixed use (residential and commercial), residential uses, agricultural uses, community facility uses, essential services, etc. Most MUACs allow residential -only projects at the highest density allowed by the FLUE (16 DU /A), including most of the CHHA; the exception is those portions of MUACs within the Urban Coastal Fringe are capped at 4 DU /A. However, mixed use projects within the CHHA are capped at 4 DU /A. Further, the allowance for 16 DU /A is in contrast with most density bonus provisions which are not applicable within the CHHA, and the remaining ones that are proposed to be revised so as not to be applicable in the CHHA. Given the longstanding and continuing concern for development, especially residential, within the CHHA, CHHA density should be consistently limited. The County recommends the allowable density for residential-only projects within the CHHA be reduced to a maximum of 4 DU /A, the same as for mixed use projects. Urban Designation, Urban Commercial District, Mixed Use Activity Center Subdistrict (partial excerpt) Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as a Master Planned Activity Center. A Master Planned Activity Center is one which has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area wide Development of Regional Impact. Property owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Activity Center process, as provided below. # 2 US 41 and Immokalee Road # 3 Immokalee Road and Collier Boulevard # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake- Hammock Road and Collier Boulevard #14 Goodlette -Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus location of uses permitted within a designated Mixed Use Activity Center. The boundaries of Master Planned Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below. However, the acreage within the reconfigured Activity Center shall not exceed that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Activity Center: 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51% ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51% ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties 14 FUTURE LAND USE ELEMENT within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control. 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another, to the extent of the unified control. The maximum amount of commercial uses allowed at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non- commercial uses as allowed in Mixed Use Activity Centers. The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses ") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self - storage facilities — this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor /builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys — these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor /builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor /builder construction trade specialists or accessory to warehouse space for various contractor /builder construction trades occupants; management associations of various types of buildings or provision of services to buildings /properties; and, fitness centers. Activity Center #14 (Good lette-Fra n k Road and Golden Gate Parkway) shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers. 3. The location and configuration of all land uses within a Master Planned Activity Center shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network. 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections) into the applicant's Master Plan. Provision Analysis: The Master Planned Activity Center provision is an example of "legislation on the fly" (it was mostly written at and during a public hearing) — it is poorly written and confusing. The County recommends this Master Planned Activity Center provision be rewritten for clarity, and possible substantive change, likely to include reorganization/restructuring of the provision. 15 FUTURE LAND USE ELEMENT Agricultural /Rural Designation, Rural Fringe Mixed Use District (select excerpts) The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi - rural, rapidly developing, large -lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed Use District do not represent a significant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part, to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural /Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of -way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. break *** Sending Lands: Sending Lands are those lands that have the highest degree of environmental n value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. 7. Permitted Uses: Permitted uses are limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act) b) Detached single - family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. c) Habitat preservation and conservation uses. d) Passive parks and other passive recreational uses. e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. Q Essential Services necessary to serve permitted uses identified in Section 5.a) through 5.e) such as the following: private wells and septic tanks; utility lines, except sewer lines; sewer lines and lift stations, only if located within non -NRPA Sending Lands, and only if located within already cleared portions of existing rights -of -way or easements, 16 FUTURE LAND USE ELEMENT and if necessary to serve the Rural Transition Water and Sewer District; and, water pumping stations necessary to serve the Rural Transition Water and Sewer District. g) Essential Services necessary to ensure public safety. h) Oil and gas exploration. Where practicable, directional - drilling techniques and /or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in 4f). Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one -year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. (2) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3) Commercial uses accessory to permitted uses 4.a), 4.c) and 4.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. ** * ** ** * ** * ** * ** break * ** * ** * ** * ** * ** Exemptions from the Rural Fringe Mixed Use District Development Standards — The requirements of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. Provision Analysis: The RFMUD - its allowance of uses, TDR program, etc. - was created to apply to lands zoned A, Rural Agricultural. However, there are some lands with non -A zoning, including GC, Golf Course; TTRVC, Travel Trailer Recreational Vehicle; PUD, Planned Unit Development; VR, Village Residential; MH, Mobile Home; RSF -3, Residential Single Family; C -2, Convenience Commercial; and, C -3, Intermediate Commercial. For some of these non -A zoning districts, to allow or only allow the uses and densities of the RFMUD would be in conflict with the underlying zoning district and would grant additional uses not allowed by underlying zoning or prohibit uses that are allowed by underlying zoning (e.g. RFMUD Neutral Lands would allow residential and agricultural uses whereas C -2 doesn't allow those uses and would not allow commercial uses whereas C -2 allows various commercial uses). 17 FUTURE LAND USE ELEMENT To apply the RFMUD regulations to non -A zoning would not only open the County to potential Bert Harris Act claims, it just wouldn't make sense — the uses of the RFMUD do not correlate to the development standards of the non -A zoning districts. Similarly, to apply the TDR program to non -A zoned lands is nonsensical. I,­" The RFMUD Sending Lands originally included only the provision for base TDR credits. However, via a subsequent GMP amendment, various bonus credits were added. However, in doing so, the necessary correlating renumbering of cross - references within subparagraphs 7.f. and 8.a.(1) and (3) did not occur (to change "5" to "7" and "4" to "7," respectively). The "Exemption" provision at the end of the RFMUD is a grandfathering provision for existing uses. Part of that provision allows for the expansion of existing uses ( "The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. "). This language needs to be revised so as to clearly reflect the intent to allow for on- site expansion, not expansion onto lands not part of the existing use. Also, the title of this provision incorrectly refers to development standards whereas the provision itself applies to the RFMUD in its entirety. The County recommends the RFMUD be revised to clarify that it only applies to A -zoned lands; to correct a miss - numbering from a past amendment to the RFMUD Sending Lands designation; and, to clarify the applicability of "expansion" and delete unneeded text from the Exemption provision title. Overlays and Special Features, Bays h ore/Gateway Triangle Redevelopment Overlay The Bayshore /Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bays ho re/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on March 14, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed -Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C -1 through C -3 zoning district uses plus hotel /motel use. Mixed -use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non - residential /non - commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water - dependent and water - related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 18 FUTURE LAND USE ELEMENT 4. Properties with access to US-41 East are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore /Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06 -08), and amended December 14, 2006 (Ordinance No. 06 -63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties with access to Bayshore Drive, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and must comply with the standards identified in Paragraph #8, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. 7. Existing zoning districts for some properties within the Bayshore /Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and #5 above, mixed use projects within the Bayshore /Gateway Triangle Redevelopment Overlay must comply with the following standards: a. Buildings containing only commercial uses are limited to a maximum height of three stories. b. Buildings containing only residential uses are limited to a maximum height of three stories except such buildings are allowed a maximum height of four stories if said residential buildings are located in close proximity to US-41. c. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels /motels will be limited to a maximum height of four stories. e. For purposes of this Overlay, each building story may be up to 14 feet in height. f. For mixed -use buildings, commercial uses are permitted on the first two stories only. g. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. h. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a —g. 9. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable - workforce housing density bonus, as provided in -the Density Rating System, is allowed in addition to the eligible density provided herein. 19 FUTURE LAND USE ELEMENT For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 10. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 11. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore /Gateway Triangle Redevelopment Overlay Map, shall be limited to non - residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and /or recreational open space uses. Provision Analysis: This provision is intended to promote redevelopment of this area and remains appropriate. In some instances, it can be difficult to understand the applicability of the Overlay provisions as it relates to other FLUE provisions. This provision remains valid and appropriate and should be retained. However, the Overlay and /or related FLUE provisions should be revised to improve clarity, if possible. Overlays and Special Features, Coastal High Hazard Area Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is depicted on the Future Land Use Map; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA. Provision Analysis: Certain provisions within the FLUE, e.g. Density Rating System density bonuses and proposed density reduction factor, specifically do /do not apply within the CHHA. Likewise, certain Objectives and Policies of other Elements have specific applicability to the CHHA. This provision remains valid and should be retained as written. [Comment from the Florida Department of Community Affairs' October 15 2010 Letter on the Proposed EAR (ara aph 6) • "The proposed EAR does not sufficiently address Section 163.3191(2)(m), F.S. Collier County has coastal high hazard area; however, the proposed EAR does not include an evaluation of whether any past reduction in land use density within the coastal high hazard area impairs the property rights of current residents when redevelopment occurs, and include in such an evaluation the identification of strategies to address redevelopment and the rights of affected residents balanced against public safety considerations. The EAR should be revised to include the evaluation. " Collier County response. Collier County has not required a density reduction in the Coastal High Hazard Area (CHHA) since the last (2004) EAR. Further, FLUE Policies 5.1 and 5.9 -5.12, and related Consistent by Policy Maps, allow for development and redevelopment — including within the CHHA — in accordance with zoning on the identified properties. And, the Bayshore /Gateway Triangle Redevelopment Overlay in the FLUE, and on the FLUM, is almost entirely within the CHHA; that Overlay allows for a density increase on eligible properties therein via reallocation of density. 20 FUTURE LAND USE ELEMENT Objective 3 and Policies in the Capital Improvement Element imposes limitations on the expenditure of public funds within the CHHA, but allows for provision of public infrastructure necessary to serve population density as allowed by the FLUE. Future Land Use Map and Map Series The Future Land Use Map includes a depiction of the CHHA. Provision Analysis: The CHHA is described in CCME Policy 12.2.5. The definition of the CHHA in Florida Statutes changed in 2006 but that Policy has not been revised. Any necessary change to CHHA boundary description in CCME policy 12.2.5 needs to be reflected on the FLUM. The County recommends any changes to the CHHA boundary made in CCME Policy 12.2.5 be reflected on the FLUM depiction of the CHHA boundary. Future Land Use Map and Map Series The Future Land Use Map Series includes a depiction of properties in the Immokalee Area that are deemed Consistent by Policy. Provision Analysis: This map depicts properties within the Immokalee Area Master Plan boundary that were previously determined to be consistent with the FLUE pursuant to policies under Goal 5 of the FLUE. The Immokalee Area Master Plan is being amended (petition CP- 2008 -5) which is expected to result in fewer future land use nonconformities — properties with existing zoning that does not conform to the future land use-designation. The LAMP will include a new Policy 6.1.9 that is the replacement of FLUE Policy 5.1 for the Immokalee area; that new policy will make reference to these nonconforming properties. A new map will be prepared for adoption into the IAMP depicting these nonconforming properties that are deemed consistent by policy; this will replace the present Consistent By Policy Map for Immokalee. The County recommends this map be deleted; a replacement map will be adopted into the IAMP. Planning Horizon Issue Provision Analysis: The FLUM is labeled 2006 -2016; future transportation maps are labeled 2025; other planning and/or infrastructure programs have different timelines. There is a need to align the planning horizon within the GMP. The 2007 -2008 combined cycles of GMP amendments, adopted on July 28, 2010, added a new Policy 4.11 in the FLUE, as follows: In the next Evaluation and Appraisal Report (EAR), due January 1, 2011, Collier County will identify as an issue to be addressed, the need to align dates within the various elements of this growth management plan. This will include, but may not be limited to, the planning time frame for the Future Land Use Map, the Rural Lands Stewardship Area Overlay, and Transportation Element long range maps. Necessary amendments to achieve the alignment of dates will be included in the EAR -based amendments to the Plan. The County recommends revising the various planning horizons to be consistent, perhaps 2025. 21 FUTURE LAND USE ELEMENT Designation /District/Subdistrict Relationship Provision Analysis: Both the Urban and Agricultural/Rural Designations contain multiple Districts and Subdistricts. n Various uses are allowed under the Designation that may or may not be allowed under each subsequent District or Subdistrict though this is not always readily discernable. The County recommends clarification of the relationship between Designations, Districts and Subdistricts; this may necessitate restructuring parts of the Designation Description section of the FLUE. EAR BCC - FLUE Assessment of GOPs as approved for DCA on 1- 31 -11— revised per HFAC 2 -10 -11 G:ICDES Planning Services \Comprehensive\David12011 EAR - dw\Adoption dots dwl2 -10 -11 22 FUTURE LAND USE ELEMENT EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 Goal, Objectives and Policies Golden Gate Area Master Plan (GGAMP) GOALS, OBJECTIVES AND POLICIES [Revised text, page 4] GOAL 1: [Revised text, page 4] TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING SATFALE BALANGIN AND TO BALANCE THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE FOR THE LOCAL RESIDENTS. OBJECTIVE 1.1: [Restructured to improve format as an "objective ", revised text, page 4] Unless ethenvise pefmit4ed ia this Masteef Plan, new or- revised uses of land shall be -e�� v4th designations eutlined en the Golden Gate Afea F Land Use Map. The Golden Gat-e Subdistfiets shall be binding en a4l develepmefA orders etketive with. -4 L +1­ s A . If —BS te f OBJECTIVE 1.1: Develop new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map and provisions found in the Land Use Designation Description Section of this Element. Policy 1.1.0.1 The Policies under the above Objective shall identify the Future Land Use Designations, Districts, and Subdistricts for the Golden Gate Area. Policy 1.1.0.2: The Land Use Designation Description Section of this Element shall provide the standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts. Policy 1.1.0.3: The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders unless otherwise permitted in this Master Plan effective with the adoption of this Master Plan. ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stFusk t#reu@h are deleted. 1 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 OBJECTIVE 1.3: [Restructured to improve format as an "objective ", revised text, page 6] The County s1W1 ,.e ti ffue to p Protect and preserve the valuable natural resources within the Golden Gate area. in o- •dance . itfl 06-a Obje tives d Peheies eentained itl Geals 6 a of the Collier- County Gensefvafien and GeasW Management Element. Policy 1.3.0.1: The County shall protect and preserve natural resources within the Golden Gate area in accordance with the Objectives and Policies contained within Goals 6 and 7 of the Collier County Conservation and Coastal Management Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 1.4: [Restructured to improve format as an "objective ", revised text, page 6] Thr-eugh the enfereement of the Land Develepment Code and the housing and building eedes-, Provide a living environment within the Golden Gate Area, which is aesthetically acceptable and enhanees protects the quality of life. Policy 1.4.0.1: [Revised text, page 6] Collier Coun shall provide a living environment that is aesthetically acceptable and uses protects the quality of life through the enforcement of the hand Development Cede and hetising aid ug applicable codes and laws. Policy 1.4.1: [Revised text, page 6] The County's Code Enforcement Board shall strictly enforce the Land Development Code and other applicable codes and laws to control the illegal storage of machinery, vehicles and junk, and the illegal operation of commercial activities within the Golden Gate Area. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAIL 2: [Rephrased to improve format as a "goal", revised text, page 7] COUNTY r • G-NIZES THAT T-14E SOUT14ERN • ■_ _ ESTATES TO RECOGNIZE THAT THE AREA WHICH LIES SOUTH OF INTERSTATE 75 (ALLIGATOR ALLEY) TO US 41 (EAST TRAIL) IS AN AREA OF SPECIAL ENVIRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND HYDROLOGICALLY IMPORTANT THROUGH PARTICIPATION IN THE PICAYUNE STRAND RESTORATION PROJECT AS PART OF THE FEDERAL SAVE OUR EVERGLADES PROGRAM. BASED UPON SUCH CONDITIONS THE STATE HAS ACQUIRED OWNERSHIP OF ALL LANDS DRAFT Words underlined are added; words stFuGk threu9# are deleted. 2 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 WITHIN THE SOUTHERN GOLDEN GATE ESTATES (SGGE) PICAYUNE STRAND RESTORATION PROJECT AREA. [Deleted text, page 7] p9hey '•' •' [Deleted text, page 7] Pope" 2.14--. [Deleted text, page 7] Consistent iNith the Publie Faeilifies Element, publie water- and sewer- faeilities shall net-be expandediRte Pohey [Deleted text, page 7] expanded 1nt„ S GGE Poky 2.14--. [Deleted text, page 7] The Gounty sha4l apply Chapter- 28 25, ., "Be dar-y and Re Hlatien&4ep-the Dig C;Ypress Area of Grifieal State Coneem" te these Golden Gate Estates units leeated witl4n 4he-43ig OBJECTIVE • • [Deleted text, page 7] ,Ail! eeer-difwle -A40i DEP in an e&ft to assist the State's aequisition of privately eyffied pre [Deleted text, page 8] The County shall dir-eet inqtiiries and make infermation available r-egafding eptions fef the s er- Elena4iea of land te the State,. eF other- inquiFie f;-- Bufeati of Land en's -deli , vided b-, Pokey 2.2.2' [Deleted text, page 8] in 4GGE , < 11 .,hie will 1 „ludo the following --- � - - DRAFT Words underlined are added; words &tFUG"4Fsuql4 are deleted. EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10-18-11 ._• ._. GOAL 3: [Rephrased to improve format as a "goal", revised text, page 9] TO PROVIDE FOR BASIC COMMERCIAL SERVICES FOR PURPOSES OF SERVING THE RURAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS, AND PRESERVING RURAL CHARACTER. ^ OBJECTIVE 3.1: [Rephrased to improve format as an "objective ", revised text, page 9] mMeet the locational and rural design criteria contained within the Estates Designation, Estates - Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element, of the Collier County Growth Management Plan when considering the placement and designation of Neighborhood Centers within Golden Gate Estates sly. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 4: [Rephrased to improve format as a "goal ", revised text, page 10] COLLIER COUNTY PLANICNING EFFORTS WIT-14IN GOLDEN GATE CITY SHALL SE TO PRESERVE AND ENHANCE A MIX OF RESIDENTIAL AND COMMERCIAL LAND USES THAT PROVIDES FOR THE BASIC NEEDS OF BOTH THE LOCAL RESIDENTS AND THE RESIDENTS OF THE SURROUNDING AREA. OBJECTIVE 4.1: [Restructured to improve format as an "objective ", revised text, page 10] Oevelepmen4 and redevelopment thin Gelder Cate City shall faces- e the - previsien -of residepAia4 and eenffner-eial land uses that fneets the needs of the sth-feund' - Provide for residential and commercial land uses that meet the needs of the surrounding area in the development and redevelopment within Golden Gate City. DRAFT Words underlined are added; words st;uGk tam are deleted. 4 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 Policy 4.0.1: Development and redevelopment within Golden Gate City shall be gi4ided by the residential and commercial needs of the surrounding area_ Policy 4.1.1: [Revised text, page 10] By 2006, Collier County shall develop an implementation schedule for the creation of a community - planning program for Golden Gate City. The implementation schedule shall take into consideration the following issues: a) Affordable housing based upon home ownership; b) Commercial re- vitalization, to include: i. Sidewalks ii. Traffic calming measures iii. Improved street lighting; c) Neighborhood parks, open space and recreational centers; d) Crime reduction; e) Consistent enforcement of land development regulations; and, f) Improved lighting for streets and parking areas. Policy 4.1.2: [Revised text, page 10] By 2006, Collier County shall begin to examine, by holding community meetings, the feasibility of establishing neighborhood -based planning programs within Golden Gate City that focus on the unique or distinct features of the different portions of the community. While focusing on distinct areas within the community, such neighborhood planning efforts as may be established shall not neglect Golden Gate City as a whole. Policy 4.1.3: [Revised text, page 10] By 2006, Collier County shall examine the feasibility of crafting land development regulations specific to the Golden Gate City community. Such regulations shall focus on the unique circumstances of this community. GOAL 5: [Rephrased to improve format format7�ass a "goal ", revised text, page 11 ] FUTURE O3 IT-14 AND DEVELOPMENT r- A *1I4irT LDE_' ! GATE WIM TO BALANCE THE DESIRE BY RESIDENTS FOR URBAN AMENITIES WITH THE PRESERVATION OF THE AREA'S RURAL CHARACTER, AS DEFINED BY WOODED LOTS, THE KEEPING OF LIVESTOCK, THE ABILITY TO GROW CROPS, WILDLIFE ACTIVITY, LOW-DENSITY RESIDENTIAL DEVELOPMENT, AND LIMITATIONS ON COMMERCIAL AND CONDITIONAL USES. OBJECTIVE 5.1: [Rephrased to improve format as an "objective ", revised text, page 11] By 2006, the Collier- Gewity Land Development Code shall be amended to Provide for new commercial development within Neighborhood Centers. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stFuGk through are deleted. 5 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 OBJECTIVE 5.2: [Rephrased to improve format as an "objective ", revised text, page 11] Balance the provision of public infrastructure sha4l be balanee with the need to preserve the rural character of Golden Gate Estates. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.2.2: [Revised text, page 12] The Collier County Parks and Recreation Department shall create a public network of greenway corridors within Golden Gate Estates that interconnects public lands and permanently protected green space. The fiFst segment of °°,,w shall be in plaee by 2006 The greenway network shall consist of interconnected trails and paths which allow people to move about the Estates Area by means other than motorized vehicles. All greenways shall be constructed within existing or future public rights -of -way. In creating the greenway network, the County shall not employ eminent domain proceedings. Policy 5.2.3: [Revised text, page 12] Recognizing the exiAing residential nature of the land uses surrounding the played I -75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above - defined segment. This policy shall not apply to that existing portion of the Golden Gate Estates Commercial Infill Subdistrict, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. OBJECTIVE 5.3: [Restructured to improve format as an "objective ", revised text, page 12] By 2006, the Gellier- County Land Development Code shall be amended, as neeessw�,, se as to P Provide for the protection of the rural character of Golden Gate Estates. Policy 5.3.0.1: These Rural character protection provisions shall provide for the preservation of such rural amenities as, but not limited to, wooded lots, the keeping of livestock, the ability to grow crops, wildlife activity, and low- density residential development. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 5.3.2: [Revised text, page 12] The Land Development Code shall continue to allow and further encourage the preservation of native vegetation and wildlife indigenous to the Estates Area. GOAL 6: [Rephrased to improve format as a "goal ", revised text, page 13] TO PROVIDE FOR A SAFE AND EFFICIENT COUNTY AND LOCAL ROADWAY NETWORK, WHILE AT THE SAME TIME SEEKING TO PRESERVE THE RURAL DRAFT Words underlined are added; words 6tFUGk thFaugh are deleted. 6 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 CHARACTER OF GOLDEN GATE ESTATES IN FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLDEN GATE AREA SHALL. OBJECTIVE 6.1: [Rephrased to improve format as an "objective ", revised text, page 13] The— Eellier- County TfaaspeFtafien Division -FQ- oefAiFm -oz Increase the number of route alternatives for traffic moving through the Golden Gate Area in both east -west and north -south directions, consistent with neighborhood traffic safety considerations, and consistent with the preservation of the area's rural character. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 6.1.2: [Revised text, page 13] Collier County shall continue to coordinate with the Florida Department of Transportation to initiate implement a study of a potential interchange in the vicinity of I -75 and Everglades Boulevard. OBJECTIVE 6.2: [Rephrased to improve format as an "objective ", revised text, page 13] Increase linkages within the local road system for the purposes of limiting traffic on arterials and major collectors within Golden Gate Estates, shortening vehicular trips, and increasing overall road system capacity, the r^,,,ity will .,etively • er-k * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 6.3: [Rephrased to improve format as an "objective ", revised text, page 13] Copier- County shall le Coordinate with local emergency services officials in planning and constructing road improvements within Golden Gate Estates and Golden Gate City to ensure that the access needs of fire department, police and emergency management personnel and vehicles are met. Policy 6.3.1: [Revised text, page 14] Beginning in 2005 t. The Collier County Transportation Planning Depaftme Division shall hold at least one annual public meeting with Golden Gate Area emergency services providers and the local civic association in order to ensure that emergency needs are addressed during the acquisition of right -of -way for design and construction of road improvements. Policy 6.3.2: [Revised text, page 14] Begipining in 2005, t. The Collier County Transportation Planning Depart Division shall continue to coordinate with Golden Gate Area emergency services providers to prioritize necessary road improvements related to emergency evacuation needs. GOAL 7: [Rephrased to improve format as a "goal ", revised text, page 15] WILL B TO PROTECTED THE LIVES AND PROPERTY OF THE RESIDENTS OF THE GREATER GOLDEN GATE AREA, AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT, THROUGH THE PROVISION OF EMERGENCY SERVICES THAT DRAFT Words underlined are added; words StFUGk tgFOUgh are deleted. 7 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 PREPARE FOR, MITIGATE, AND RESPOND TO, NATURAL AND MANMADE DISASTERS. OBJECTIVE 7.1: [Rephrased to improve format as an "objective ", revised text, page 15] Maintain and implement public information programs through the Collier County Bureau of Emergency Services, Collier County Sheriff's Department, Golden Gate Fire Control and Rescue District, and other appropriate agencies, will eenti u *° to inform residents and visitors of the Greater Golden Gate Area regarding the means to prevent, prepare for, and cope with, disaster situations. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.1.3: [Revised text, page 15] By 2005, The Collier County Land Development Services Department of the Growth Management Division shall evaluate the Land Development Code for Golden Gate Estates and shall eliminate any requirements that are found to be inconsistent with acceptable fire prevention standards. This evaluation process shall be coordinated with the Golden Gate Fire Control and Rescue District and the Collier County Bureau of Emergency Services. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 7.2: [Rephrased to improve format as an "objective ", revised text, page 15] Ensure that the needs of these entities all applicable emergency services providers to are included and shall be coordinated with in the overall public project design for capital improvement projects within the Golden Gate Area. Policy 7.2.1: [Revised text, page 15] Preparation of Collier County's annual Schedule of Capital Improvements for projects within the Golden Gate Area shall be coordinated with planners, or the agents or representatives with planning responsibilities, from the Fire Districts, public and private utilities, Emergency Medical Services Department and the Collier County Sheriff's Department to ensure that public project designs are consistent with the needs of these agencies. Policy 7.2.2: [Revised text, page 16] Planners, or the agents or representatives with planning responsibilities, from the Golden Gate Fire Control and Rescue District, Collier County Emergency Medical Services Department and the Collier County Sheriff's Department shall will receive copies of pre - construction plans for capital improvement projects in the Golden Gate Area and sheg will be invited to review and comment on plans for the public projects. OBJECTIVE 7.3: [Rephrased to improve format as an "objective ", revised text, page 16] A he— eufAy Tfanspeftation Planning Dep °is- in the " Develop strategies through the Coun Transportation Planning Section of the Land Development Services DRAFT Words underlined are added; words stFuelE through are deleted. EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 Department for the enhancement of roadway interconnection within Golden Gate City and the Estates Area, includingr interim measures to assure interconnection shall be deyelepe . Policy 7.3.1: [Revised text, page 16] By 896,t The Collier County Bureau of Emergency Services, the Collier County Transportation Division, Golden Gate Fire Control and Rescue District, and other appropriate Federal, State or local agencies, shall begin establishing one or more of the following routes for emergency evacuation purposes: a. An I -75 Interchange at Everglades Boulevard. b. Improved emergency access from Everglades Boulevard to I -75. c. Construction of a north -south bridge on 23rd Street, SW, between White Boulevard and Golden Gate Boulevard. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 7.3.4: [Revised text, page 16] Begiw4ng in 2006, County -owned property within Golden Gate Estates shall be subject to an active, on -going management plan to reduce the damage caused by wildfires originating from County -owned properties. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Land Use Designation Description Section Estates — Mixed Use District: Conditional Uses Subdistrict [Revised text, pages 31 — 34] 2. ESTATES DESIGNATION A. Estates — Mixed Use District 3. Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates zoning district within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.01.03 G of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, except as prohibited in certain Neighborhood Centers, and are defined as: • electric or gas generating plants, • effluent tanks, • major re -pump stations, • sewage treatment plants, including percolation ponds, • hospitals and hospices, • water aeration or treatment plants, DRAFT Words underlined are added; words etfuGk t4ough are deleted. 9 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft 10 -18 -11 • governmental facilities (except for those Permitted Uses identified in Section 2.01.03 of the Land Development Code), • public water supply acquisition, withdrawal, or extraction facilities, and • public safety service facilities, and other similar facilities. Provision Assessment: This provision, in varying iterations, has existed in the GGAMP since its adoption in 1991 and remains appropriate. However, the LDC reference and/or list of uses may not encompass all essential services, e.g. communication towers which are listed in LDC Sec. 2.01.03 G, Sec. 5.05.09, and in various zoning districts. Additionally, the reference to the Estates zoning district fails to capture all zoning districts found in the Golden Gate Estates area, e.g. P, Public Use zoning at Max Hasse Park. The County recommends revising the LDC reference and/or list of essential services uses to encompass all essential services uses relevant to the Golden Gate Estates area, and expanding the referenced zoning district listed to encompass all relevant zoning districts in Golden Gate Estates and/or adding reference to the Estates Designation. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Land Use Designation Description Section Estates — Commercial District: Randall Boulevard Commercial Subdistrict 100IN [Revised text, pages 38 — 40] 2. ESTATES DESIGNATION B. Estates — Commercial District 3. Randall Boulevard Commercial Subdistrict Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is comprised of the following properties: Tract 71, Golden Gate Estates, Unit 23; and the East 165 feet of Tract 54, Golden Gate Estates, Unit 23. See Randall Boulevard Commercial Subdistrict Map. a) The Criteria for the Subdistrict are as follows: • All commercial development is encouraged to be in the form of a PUD. • Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot 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. • Shared parking shall be required with adjoining developments whenever possible. b) Limitation of Uses - Uses shall be limited to the following: 10-11 DRAFT Words underlined are added; words straskft are deleted. 10 EAR -based GMP Amendments Golden Gate Area Master Plan — CCPC Transmittal Draft • Automobile Service Station; • Barber & Beauty Shops; • Convenience Stores; • Drug Stores; • Food Markets; • Hardware Stores; • Laundries - Self Service Only; • 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 Clinics with no outside kenneling. Provision Assessment: 10 -18 -11 The specific list of uses in this subdistrict has existed in the GGAMP since its adoption in 1991 and was taken from a PUD approved prior to* 1991. On April 14, 2009, the BCC approved an Appeal of a Zoning Verification Letter (Resolution 2009 -99) having the effect of allowing all uses of the C -2 zoning district in the LDC at that time, under the term "shopping center." The County recommends replacing the term "shopping center" with reference to C -2 uses (perhaps, "All Permitted Uses of the C -2, Convenience Commercial, zoning district in the Collier County Land Development Code, Ordinance 04 -41, as amended, as of April 14, 2009 "). * ** * ** * ** * ** * ** text break EAR -GGAMP — CCPC Transmittal DRAFT 10 -18 -11 * ** * ** * ** * ** * ** DRAFT Words underlined are added; words stefok thFough are deleted. 11 Assessment of the Successes & Shortcomings and Recommendations for the Golden Gate Area Master Plan It should be noted that at the BCC EAR adoption Hearing, the BCC directed that only formatting changes within the Golden Gate Area Master Plan be initiated during the EAR based amendments. The assessment has been modified to reflect that directive. The BCC indicated that it will evaluate substantive changes to the GGAMP at a later date in relation to the public planning process. A. Introduction & Background: The purpose of the Golden Gate Area Master Plan is defined within its seven Goals (Goal 1 through Goal 7), which read as follows: GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING WHILE BALANCING THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. The Golden Gate Area Master Plan is an "optional element" of the Collier County Growth Management Plan under Section 163.3177(7), Florida Statutes. As such, there are no specific criteria to guide the format and purposes of this Element. The Golden Gate Master Plan was originally developed, as mandated by (1988) Policy 4.1 of the Future land Use Element of the Growth Management Plan. As currently formatted, this Master Plan Element consists entirely of seven Goals, and their supporting Objectives and Policies. This Goal should be retained, essentially as written. This Goal should be rephrased to improve its formatting as a "goal ", such as, TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS, WHILE BALANCING THE NEED TO PROVIDE BASIC SERVICES WITH CONCERNS TO PROTECT NATURAL RESOURCES. Revise as necessary capture what follows in Objectives and Policies. B. Objectives Analysis: OBJECTIVE 1.1: Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders effective with the adoption of this Master Plan. Standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts are identified in the Land Use Designation Description Section of this Element. Objective Achievement Analysis: GOLDEN GATE AREA MASTER PLAN The above Objective requires the County — as a Policy requirement would — to follow other portions of the Master Plan when considering land use changes and issuing development orders. This Objective should be rephrased to improve its formatting as an "objective ", and structurally followed with a n Policy or Policies that provide the specific direction. Policy Relevance: There are eight (8) policies within this Objective which should be retained as written. OBJECTIVE 1.2: Ensure public facilities are provided at an acceptable level of service. Policy Relevance: There are four (4) policies within this Objective. Only Policy 1.2.4 is being suggested for modification. Policy 1.2.4: Due to the continued use of individual septic systems and private wells within a densely platted urban area, the Florida Governmental Utilities Authority, or its successor, is encouraged to expand their sewer and water service area to include all of that area known as Golden Gate City at the earliest possible time. This Policy encourages a private utility provider to expand their services to serve all of Golden Gate City. This Policy remains relevant and should be retained, essentially as written. This Policy should be rephrased to improve its formatting as a "policy ". OBJECTIVE 1.3: The County shall continue to protect and preserve the valuable natural resources within the Golden Gate area in accordance with the Objectives and Policies contained within Goals 6 and 7 of the Collier County Conservation and Coastal Management Element. Objective Achievement Analysis: The above Objective requires the County — as a Policy requirement would — to protect and preserve the natural resources in accordance with the Conservation and Coastal Management Element. This Objective should be rephrased to improve its formatting as an "objective ", such as, Protect and preserve the valuable natural resources within the Golden Gate area; followed by a "policy ", such as: Policy 1.3.0.1: The County shall protect and preserve natural resources within the Golden Gate area in accordance with the Objectives and Policies contained within Goals 6 and 7 of the Collier County Conservation and Coastal Management Element. Policy Relevance: 2 GOLDEN GATE AREA MASTER PLAN There is one (1) Policy within this Objective, which is suggested to be retained as written. OBJECTIVE 1.4: Through the enforcement of the Land Development Code and the housing and building codes, Collier County shall continue to provide a living environment within the Golden Gate Area, which is aesthetically acceptable and enhances quality of life. Objective Achievement Analysis: The above Objective requires the County — as a Policy requirement would — to provide an aesthetically acceptable and quality of life enhancing living environment within the Golden Gate Area. This Objective should be rephrased to improve its formatting as an "objective ", such as, Provide a living environment within the Golden Gate area, which is aesthetically acceptable and enhances the quality of life; followed by a "policy ", such as: Policy 1.4.0.1: Collier County shall provide a living environment that is aesthetically acceptable and enhances the quality of life through the enforcement of the Land Development Code and the housing and building codes. Policy Relevance: There is one (1) Policy within this Objective, which is suggested to be retained as written. GOAL 2: THE COUNTY RECOGNIZES THAT THE SOUTHERN GOLDEN GATE ESTATES PROJECT (SGGE), AS PART OF THE FEDERAL SAVE OUR EVERGLADES PROGRAM, THAT AREA WHICH LIES SOUTH OF STATE ROAD 84 TO US 41, IS AN AREA OF SPECIAL ENVIRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND HYDROLOGICALLY IMPORTANT. This Goal includes outdated locational and project references, and should be rephrased to improve its formatting as a "goal ", such as, TO RECOGNIZE THAT THE AREA WHICH LIES SOUTH OF INTERSTATE 75 (ALLIGATOR ALLEY) TO US 41 (EAST TRAIL) IS AN AREA OF SPECIAL ENVIRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND HYDROLOGICALLY IMPORTANT THROUGH PARTICIPATION IN THE PICAYUNE STRAND RESTORATION PROJECT AS PART OF THE FEDERAL SAVE OUR EVERGLADES PROGRAM, BASED UPON SUCH CONDITIONS THE STATE HAS ACQUIRED OWNERSHIP OF ALL LANDS WITHIN THE SGGE. With the State acquisition of the SGGE, the two existing objectives and subsequent policies under the Goal are no longer relevant and are suggested to be deleted. Below are the existing objectives and policies to be deleted. OBJECTIVE 2.1: Public infrastructure improvements shall be guided by the following policies: Policy 2.1.1: 3 GOLDEN GATE AREA MASTER PLAN Minimal road maintenance to include traffic signage, right -of -way mowing and road surface patching /grading will continue. Policy 2.1.2: Consistent with the Public Facilities Element, public water and sewer facilities shall not be expanded into SGGE. Policy 2.1.3: Special taxing districts associated with infrastructure improvements shall not be created for or expanded into SGGE. Policy 2.1.4 The County shall apply Chapter 28 -25, F.A.C., "Boundary and Regulations for the Big Cypress Area of Critical State Concern" to those Golden Gate Estates units located within the Big Cypress Area of Critical State Concern. OBJECTIVE 2.2: In order to further its goal of protecting this area of special environmental sensitivity, the County will coordinate with DEP in an effort to assist the State's acquisition of privately owned property within SGGE to the extent consistent with the recognition of existing private property rights. Policy 2.2.1: The County shall direct inquiries and make information available regarding options for the sale or donation of land to the State, or other inquiries regarding acquisition, to the Florida DEP, Bureau of Land Acquisition's designee, as provided by DEP. Policy 2.2.2: Collier County shall continue to implement a system for reviewing applications for development in SGGE, which will include the following procedures: A. Notice to the DEP's Bureau of Land Acquisition of the application within 5 days of receipt. B. Notice to the applicant of DEP's acquisition program, the lack of public infrastructure and the proposed restoration program for the area. C. Within the notice of DEP's acquisition program, the applicant shall be encouraged to contact DEP's Bureau of Land Acquisition to determine and negotiate whether DEP intends to purchase the applicant's property at fair market value. D. Prior to the processing of an application for development approval, the applicant shall provide to the County proof of coordination with DEP. Upon execution of a contract for sale, the application shall be placed in abeyance pending completion of the purchase by DEP. E. The County shall review the environmental impacts of the application in order to minimize said impact. F. The County shall apply Section 4.02.14, Development Standards and Regulations for ACSC -ST of the County's Land Development Code or Chapter 28 -25, Florida 4 GOLDEN GATE AREA MASTER PLAN Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern ", whichever is stricter. .-. G. The County shall provide a maximum review and processing time of 180 days from the date of commencement of the application procedures before any development permits are issued. GOAL 3: PROVIDE FOR BASIC COMMERCIAL SERVICES FOR PURPOSES OF SERVING THE RURAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS, AND PRESERVING RURAL CHARACTER. This Goal should be rephrased to improve its formatting as a "goal ", such as, TO PROVIDE FOR BASIC COMMERCIAL SERVICES FOR PURPOSES OF SERVING THE RURAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS, AND PRESERVING RURAL CHARACTER. OBJECTIVE 3.1: The placement and designation of Neighborhood Centers within Golden Gate Estates shall meet the locational and rural design criteria contained within the Estates Designation, Estates - Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element, of the Collier County Growth Management Plan. Objective Achievement Analysis: The above Objective requires the County — as a Policy requirement would — to designate and place Neighborhood Centers in accordance with criteria found in this Master Plan. This Objective should be rephrased to improve its formatting as an "objective ", such as, Meet the locational and rural design criteria contained within the Estates Designation, Estates -Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element, of the Collier County Growth Management Plan when considering the placement and designation of Neighborhood Centers within Golden Gate Estates. GOAL 4: COLLIER COUNTY PLANNING EFFORTS WITHIN GOLDEN GATE CITY SHALL SEEK TO PRESERVE AND ENHANCE A MIX OF RESIDENTIAL AND COMMERCIAL LAND USES THAT PROVIDES FOR THE BASIC NEEDS OF BOTH THE LOCAL RESIDENTS AND THE RESIDENTS OF THE SURROUNDING AREA. This Goal should be rephrased to improve its formatting as a "goal ", such as, TO PRESERVE AND ENHANCE A MIX OF RESIDENTIAL AND COMMERCIAL LAND USES THAT PROVIDES FOR THE BASIC NEEDS OF BOTH THE LOCAL RESIDENTS WITHIN GOLDEN GATE CITY AND THE RESIDENTS OF THE SURROUNDING AREA. OBJECTIVE 4.1: Development and redevelopment within Golden Gate City shall focus on the provision of residential and commercial land uses that meets the needs of the surrounding area. Objective Achievement Analysis: S GOLDEN GATE AREA MASTER PLAN The above Objective requires the County — as a Policy requirement would — to provide for residential and commercial land uses that meet the needs of the surrounding area. This Objective should be rephrased to improve its formatting as an "objective ", such as, Provide for residential and commercial land uses that meet the needs of the surrounding area in the development and redevelopment within Golden Gate City; followed by a "policy ", such as: Policy 4.0.1.: Development and redevelopment within Golden Gate City shall be guided by the residential and commercial needs of the surrounding area. Policy Relevance: There are three (3) policies within this Objective with modifications suggested for all three. Policy 4.1.1: By 2006, Collier County shall develop an implementation schedule for the creation of a community- planning program for Golden Gate City. The implementation schedule shall take into consideration the following issues: a) Affordable housing based upon home ownership; b) Commercial re- vitalization, to include: i. Sidewalks ii. Traffic calming measures iii. Improved street lighting; c) Neighborhood parks, open space and recreational centers; d) Crime reduction; e) Consistent enforcement of land development regulations; and, f) Improved lighting for streets and parking areas. This Policy requires the County to develop a schedule for creating a Golden Gate City community planning program. Although Golden Gate City is part of a decades -old master planned community, this Golden Gate Area Master Plan and of the FLUE, this Policy remains relevant to the extent that it supports a community planning program. The date reference should be deleted. Policy 4.1.2: By 2006, Collier County shall begin to examine, by holding community meetings, the feasibility of establishing neighborhood -based planning programs within Golden Gate City that focus on the unique or distinct features of the different portions of the community. While focusing on distinct areas within the community, such neighborhood planning efforts as may be established shall not neglect Golden Gate City as a whole. This Policy requires the County to determine the feasibility of establishing neighborhood -based planning programs in creating a Golden Gate City community planning program. This Policy remains relevant to the extent that it supports examining optional elements of a community planning program. As with the Policy above, the date reference should be deleted. Policy 4.1.3: By 2006, Collier County shall examine the feasibility of crafting land development regulations specific to the Golden Gate City community. Such regulations shall focus on the unique circumstances of this community. 6 GOLDEN GATE AREA MASTER PLAN This Policy requires the County to determine the feasibility of creating Golden Gate City community - specific development regulations. Although Golden Gate City is part of a decades -old master planned community and platted Subdivision, this Golden Gate Area Master Plan, the FLUE and the LDC, this Policy remains relevant to the extent that it supports examining aspects of County regulations that may recognize the unique circumstances of the community. As with the Policy above, the date reference should be deleted. GOAL 5: FUTURE GROWTH AND DEVELOPMENT WITHIN GOLDEN GATE ESTATES WILL BALANCE THE DESIRE BY RESIDENTS FOR URBAN AMENITIES WITH THE PRESERVATION OF THE AREA'S RURAL CHARACTER, AS DEFINED BY WOODED LOTS, THE KEEPING OF LIVESTOCK, THE ABILITY TO GROW CROPS, WILDLIFE ACTIVITY, LOW - DENSITY RESIDENTIAL DEVELOPMENT, AND LIMITATIONS ON COMMERCIAL AND CONDITIONAL USES. This Goal should be rephrased to improve its formatting as a "goal ", such as, TO BALANCE THE DESIRE FOR URBAN AMENITIES WITH THE PRESERVATION OF THE AREA'S RURAL CHARACTER, AS DEFINED BY WOODED LOTS, THE KEEPING OF LIVESTOCK, THE ABILITY TO GROW CROPS, WILDLIFE ACTIVITY, LOW - DENSITY RESIDENTIAL DEVELOPMENT, AND LIMITATIONS ON COMMERCIAL AND CONDITIONAL USES. OBJECTIVE 5.1: By 2006, the Collier County Land Development Code shall be amended to provide for new commercial development within Neighborhood Centers. Objective Achievement Analysis: The above Objective requires the County — as a Policy requirement would — to amend the LDC to allow commercial development in Neighborhood Centers located in Golden Gates Estates. This Objective should be rephrased to improve its formatting as an "objective" with the elimination of the date. OBJECTIVE 5.2: The provision of public infrastructure shall be balanced with the need to preserve the rural character of Golden Gate Estates. Objective Achievement Anal The above Objective requires the County — as a Policy requirement would — to give consideration to the rural character of the Estates in their planning of public infrastructure. This Objective should be rephrased to improve its formatting as an "objective ", such as, Balance the provision of public infrastructure with the need to preserve the rural character of Golden Gate Estates. Policy Relevance: There are three (3) policies within this Objective with two policies suggested for modifcation. Policy 5.2.2: GOLDEN GATE AREA MASTER PLAN The Collier County Parks and Recreation Department shall create a public network of greenway corridors within Golden Gate Estates that interconnects public lands and permanently protected green space. The first segment of greenway shall be in place by 2006. The greenway network shall consist of interconnected trails and paths which allow people to move about the Estates Area by means other than motorized vehicles. All greenways shall be constructed within existing or future public rights -of -way. In creating the greenway network, the County shall not employ eminent domain proceedings. This Policy should be revised to provide a connection with the MPO in these planning efforts, and to ensure consistency with the MPO' Bicycle /Pedestrian Master Plan. The date reference should be deleted. Policy 6.2.3: Recognizing the existing residential nature of the land uses surrounding the planned 1 -76 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above - defined segment. This Policy shall not apply to that existing portion of the Golden Gate Estates Commercial Infill Subdistrict, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. This Policy remains relevant and should be retained, essentially as written. The 'planned" I -75 interchange is completed and this planning reference should be deleted. OBJECTIVE 6.3: By 2006, the Collier County Land Development Code shall be amended, as necessary, so as to provide for the protection of the rural character of Golden Gate Estates. These provisions shall provide for the preservation of such rural amenities as, but not limited to, wooded lots, the keeping of livestock, and the ability to grow crops, wildlife activity, and low- density residential development. Objective Achievement Analysis: The above Objective requires the County — as a Policy requirement would — to amend the LDC to allow rural amenities in Golden Gates Estates. This Objective should be rephrased to improve its formatting as an "objective" and eliminate the date reference Policy Relevance: There are two (2) policies within this Objective with no suggested modifcations GOAL 6: FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLDEN GATE AREA SHALL PROVIDE FOR A SAFE AND EFFICIENT COUNTY AND LOCAL ROADWAY NETWORK, WHILE AT THE SAME TIME SEEKING TO PRESERVE THE RURAL CHARACTER OF GOLDEN GATE ESTATES. 8 GOLDEN GATE AREA MASTER PLAN The above Goal provides for improving the roadway network throughout the Golden Gate area while preserving its rural characteristics in the Estates areas. This Goal should be rephrased to improve its .-. formatting as a "goal ", such as, TO PROVIDE FOR A SAFE AND EFFICIENT COUNTY AND LOCAL ROADWAY NETWORK, WHILE AT THE SAME TIME SEEKING TO PRESERVE THE RURAL CHARACTER OF GOLDEN GATE ESTATES, IN FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLDEN GATE AREA. [Public Comment from February 23, 2010 EAR Public Meeting — Suggesting that it is preferable, in this context, to divert traffic around the Estates rather than through it.] OBJECTIVE 6.1: The Collier County Transportation Division will continue to increase the number of route alternatives for traffic moving through the Golden Gate Area in both east -west and north -south directions, consistent with neighborhood traffic safety considerations, and consistent with the preservation of the area's rural character. Objective Achievement Analysis: The above Objective provides for the preservation of the rural character of the Estates and the consideration of neighborhood traffic safety in planning for the improvements to the roadway network throughout the Golden Gate area. This Objective should be rephrased to improve its formatting as an "objective ", such as, Improve existing routes, develop mobility options, and increase the number of route alternatives for traffic moving through the Golden Gate Area in both east -west and north -south directions, consistent with traffic safety and efficiency considerations, and consistent with the preservation of the area's rural character. Policy Relevance: There are two (2) policies within this Objective with one policy being suggested for modification. Policy 6.1.2: Collier County shall coordinate with the Florida Department of Transportation to initiate a study of a potential interchange in the vicinity of 1 -76 and Everglades Boulevard. Coordination between the County and FDOT are ongoing for these purposes. This Policy remains relevant and should be retained, but re- written to reflect the ongoing nature of these coordinated planning efforts, such as, The County shall to continue to coordinate with the Florida Department of Transportation to implement a study of a potential interchange in the vicinity of I -75 and Everglades Boulevard. [Public Comment from February 23 2010 EAR Public Meeting — Suggesting the 1 -75 interchange should not route traffic through the Estates.] OBJECTIVE 6.2: 9 GOLDEN GATE AREA MASTER PLAN For the purpose of limiting traffic on arterials and major collectors within Golden Gate Estates, shortening vehicular trips, and increasing overall road system capacity, the County will actively work to increase linkages within the local road system. Objective Achievement Analysis: The above Objective provides for increasing the linkages, or route alternatives, for traffic throughout the Golden Gate area. This Objective should be rephrased to improve its formatting as an "objective ", such as, Increase linkages within the local road system for the purposes of limiting traffic on arterials and major collectors within Golden Gate Estates, shortening vehicular trips, and increasing overall road system capacity. [Planning Commission (CCPC) Comment from December 7, 2010 EAR Adoption Hearing — Recommending this Objective and its subsequent Policies be modified to recognize and develop linkages through an enhanced grid street pattern and an improved street network with new bridge connections.] Policy Relevance: There are three (3) policies within this Objective with no suggested modifications. OBJECTIVE 6.3: In planning and constructing road improvements within Golden Gate Estates and Golden Gate City, Collier County shall coordinate with local emergency services officials to ensure that the access needs of fire department, police and emergency management personnel and vehicles are met. Objective Achievement Analysis: The above Objective provides for the coordination with emergency services agencies in planning for the improvements to the roadway network throughout the Golden Gate area. This Objective should be rephrased to improve its formatting as an "objective ", such as, Coordinate with local emergency services officials in planning and constructing road improvements within Golden Gate Estates and Golden Gate City to ensure that the access needs of fire department, police and emergency management personnel and vehicles are met. [Planning Commission (CCPC) Comment from December 7, 2010 EAR Adoption Hearing — Recommending this Objective and its subsequent Policies (as with Objective 62 above) be modified to recognize and develop linkages through both an enhanced grid street pattern and an improved street network with new bridge connections.] Policy Relevance: There are two (2) policies within this Objective both are suggested for modification. Policy 6.3.1: Beginning in 2006, the Collier County Transportation Planning Department shall hold at least one annual public meeting — with Golden Gate Area emergency services providers and the 10 GOLDEN GATE AREA MASTER PLAN local civic association in order to ensure that emergency needs are addressed during the acquisition of right -of -way for design and construction of road improvements. This Policy requires the County to meet with emergency service providers and local civic association(s) at least once each year to address emergency services' needs. The date stated in this Policy is no longer relevant and should be deleted. [Planning Commission (CCPQ Comment from August 25, 2010 EAR Workshop — Suggesting that consideration for any such change should be deferred until taken up again under a comprehensive re- study of the Master Plan (tentatively scheduled to get underway in 2011) and should be removed from the/ as a proposed revision.] Policy 6.3.2: Beginning in 2005, the Collier County Transportation Planning Department shall coordinate with Golden Gate Area emergency services providers to prioritize necessary road improvements related to emergency evacuation needs. This Policy requires the County to meet with emergency service providers to address emergency services' needs in prioritizing road improvements. The date stated in this Policy is no longer relevant and should be deleted. GOAL 7: THE LIVES AND PROPERTY OF THE RESIDENTS OF THE GREATER GOLDEN GATE AREA, AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT, WILL BE PROTECTED THROUGH THE PROVISION OF EMERGENCY SERVICES THAT PREPARE FOR, MITIGATE, AND RESPOND TO, NATURAL AND MANMADE DISASTERS. This Goal should be rephrased to improve its formatting as a "goal" , such as, TO PROTECT THE LIVES AND PROPERTY OF RESIDENTS OF THE GREATER GOLDEN GATE AREA, AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT, THROUGH THE PROVISION OF EMERGENCY SERVICES THAT PREPARE FOR, MITIGATE, AND RESPOND TO NATURAL AND MANMADE DISASTERS. OBJECTIVE 7.1: The Collier County Bureau of Emergency Services, Collier County Sheriff's Department, Golden Gate Fire Control and Rescue District, and other appropriate agencies, will continue to maintain and implement public information programs to inform residents and visitors of the Greater Golden Gate Area regarding the means to prevent, prepare for, and cope with, disaster situations. Objective Achievement Analysis: The above Objective provides for the protection of residents and the environment by operating public information programs covering disaster situations. This Objective should be rephrased to improve its formatting as an "objective ", such as, Maintain and implement public information programs through the Collier County Bureau of Emergency Services, Collier County Sheriff's Department, Golden Gate Fire Control and Rescue District, and other appropriate agencies, to inform residents and visitors of the Greater Golden Gate Area regarding the means to prevent, prepare n for, and cope with, disaster situations. 11 GOLDEN GATE AREA MASTER PLAN Policy Relevance: There are four (4) policies within this Objective with one policy recommended for modification. Policy 7.1.3: By 2005, the Collier County Community Development and Environmental Services Division shall evaluate the Land Development Code for Golden Gate Estates and shall eliminate any requirements that are found to be inconsistent with acceptable fire prevention standards. This evaluation process shall be coordinated with the Golden Gate Fire Control and Rescue District and the Collier County Bureau of Emergency Services. This Policy requires the County to meet with emergency service providers to address fire prevention standards. The date and Department title stated in this Policy are no longer relevant and should be deleted or revised, while the remainder of this Policy should be retained, essentially as written. OBJECTIVE 7.2: Capital improvement projects within the Golden Gate Area shall be coordinated with all applicable emergency services providers to ensure that the needs of these entities are included in the overall public project design. Objective Achievement Anal The above Objective provides for the protection of residents and the environment by involving emergency service providers in capital improvement project planning. This Objective should be rephrased to improve its formatting as an "objective ", such as, Ensure that the needs of all applicable emergency services providers are included and coordinated in the overall public project design for capital improvement projects within the Golden Gate Area. Policy Relevance: There are two (2) policies within this Objective with one policy suggested for modification. Policy 7.2.1: Preparation of Collier County's annual Schedule of Capital Improvements for projects within the Golden Gate Area shall be coordinated with the Fire Districts, public and private utilities, Emergency Medical Services Department and the Collier County Sheriff's Department to ensure that public project designs are consistent with the needs of these agencies. This Policy remains relevant and should be retained if re- written to identify the "planners " or "planning staff' within each of these entities. OBJECTIVE 7.3: While the County Transportation Planning Department is in the process of developing strategies for the enhancement of roadway interconnection within Golden Gate City and the Estates Area, interim measures to assure interconnection shall be developed. 12 GOLDEN GATE AREA MASTER PLAN Objective Achievement Anal i-.. The above Objective provides for the protection of residents and the environment by improving emergency services through the development of roadway interconnection enhancement strategies. This Objective should be rephrased to improve its formatting as an "objective ", such as, Develop strategies through the County Transportation Planning Section of the Land Development Services Department for the enhancement of roadway interconnection within Golden Gate City and the Estates Area and assure roadway interconnection in these areas through interim measures. [Planning Commission (CCPC) Comment om August 25 2010 EAR Workshop — Suggesting that consideration for changes related to HB 697 should be deferred until taken up again under a comprehensive re -study of the Master Plan (tentatively scheduled to get underway in 2011) and should be removed from the/ as a proposed revision.] Policy Relevance: There are four (4) policies within this Objective with two policies suggested for modification. Policy 7.3.1: By 2006, the Collier County Bureau of Emergency Services, the Collier County Transportation Division, Golden Gate Fire Control and Rescue District, and other appropriate Federal, State or local agencies, shall begin establishing one or more of the following routes for emergency evacuation purposes: a. An 1 -75 Interchange at Everglades Boulevard. b. Improved emergency access from Everglades Boulevard to 1 -75. c. Construction of a north -south bridge on 23`d Street, SW, between White Boulevard and ^ Golden Gate Boulevard. The date stated in this Policy, along with direction to "begin" this task, is no longer relevant and should be deleted, while the remainder of this Policy should be retained. [Public Comment from February 23, 2010 EAR Public Meeting — Suggesting that future improvements include more bridges to reduce fuel consumption and improve safety; Bridging waterways is preferred over widening roads to 4 or 6 lanes to reduce miles traveled.J [Planning Commission (CCPC) Comment from August 25 2010 EAR Workshop — Suggesting that consideration for any such change should be deferred until taken up again under a comprehensive re- study of the Master Plan (tentatively scheduled to get underway in 2011) and should be removed from the/ as a proposed revision.] Policy 7.3.4: Beginning in 2006, County -owned property within Golden Gate Estates shall be subject to an active, on -going management plan to reduce the damage caused by wildfires originating from County -owned properties. The date stated in this Policy is no longer relevant and should be deleted, while the remainder of this Policy should be retained as written. 13 GOLDEN GATE AREA MASTER PLAN C. Future Land Use Designation Description — Assessment of Select Provisions In addition to the above Assessment of GGAMP Goals, Objectives and Policies, staff provides below an Assessment of select portions of the Land Use Designation Description Section. 2. ESTATES DESIGNATION A. Estates — Mixed Use District 3. Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates zoning district within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.01.03 G. of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, except as prohibited in certain Neighborhood Centers, and are defined as: • electric or gas generating plants, • effluent tanks, • major re -pump stations, • sewage treatment plants, including percolation ponds, • hospitals and hospices, • water aeration or treatment plants, • governmental facilities (except for those Permitted Uses identified in Section 2.01.03 of the Land Development Code), • public water supply acquisition, withdrawal, or extraction facilities, and • public safety service facilities and other similar facilities. Provision Assessment: This provision, in varying iterations, has existed in the GGAMP since its adoption in 1991 and remains appropriate. However, the LDC reference and/or list of uses may not encompass all essential services, e.g. communication towers which are listed in LDC Sec. 2.01.03 G., Sec. 5.05.09, and in various zoning districts. Additionally, the reference to the Estates zoning district fails to capture all zoning districts found in the Golden Gate Estates area, e.g. P, Public Use zoning at Max Hasse Park. The County recommends revising the LDC reference and/or list of essential services uses to encompass all essential services uses relevant to the Golden Gate Estates area, and expanding the referenced zoning district listed to encompass all relevant zoning districts in Golden Gate Estates and/or adding reference to the Estates Designation. 2. ESTATES DESIGNATION B. Estates — Commercial District 3. Randall Boulevard Commercial Subdistrict Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is comprised of the following properties: Tract 71, Golden Gate 14 GOLDEN GATE AREA MASTER PLAN Estates, Unit 23; and the East 165 feet of Tract 54, Golden Gate Estates, Unit 23. See Randall Boulevard Commercial Subdistrict Map. a) The Criteria for the Subdistrict are as follows: • All commercial development is encouraged to be in the form of a PUD. • Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot 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. • Shared parking shall be required with adjoining developments whenever possible. b) 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; • 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 Clinics with no outside kenneling. Provision Assessment: The specific list of uses in this subdistrict has existed in the GGAMP since its adoption in 1991 and was taken from a PUD approved prior to 1991. On April 14, 2009, the BCC approved an Appeal of a Zoning Verification Letter (Resolution 2009 -99) having the effect of allowing all uses of the C -2 zoning district in the LDC at that time, under the term - "shopping center." The County recommends replacing the term "shopping center" with reference to C -2 uses (perhaps, "All Permitted Uses of the C -2, Convenience Commercial, zoning district in the Collier County Land Development Code, Ordinance 04 -41, as amended, as of April 14, 2009 "). G:ICDES Planning Services\Gomprehensive12011 EAR -BASED GMP AMENDMENTSICCPC transmittal - EAR -based GMP amendmentslElements\GGAMP - CSICCPC Transmittal - GGAMPAssessment and Recommendations (10 Feb 11).docx 15 GOLDEN GATE AREA MASTER PLAN EAR -based GMP Amendments Economic Element — CCPC Transmittal Hearings 12/29/2011 Goal, Objectives and Policies Economic Element GOAL: [No change to text, page 2] COLLIER COUNTY WILL ACHIEVE AND MAINTAIN A DIVERSIFIED AND STABLE ECONOMY BY PROVIDING A POSITIVE BUSINESS CLIMATE THAT ASSURES MAXIMUM EMPLOYMENT OPPORTUNITIES WHILE MAINTAINING A HIGH QUALITY OF LIFE. OBJECTIVE 1 (The Conservation and Enhancement of Natural, Cultural and Social Resources): [Revised text, page 2] Collier County will encourage the conservation and enhancement of those natural, cultural, and social resources that are integral to maintaining and expanding that portion of the County's economy tm County's exis ng which largely relies on seasonal residents and short term visitors and retired residents, rest, particularly the recreation, hospitality and tourism industries f oriented zeenemy, in order to place the County in a an advantageous eempefitive position to enable the retain entien and expand sien e€ these and other similar or related businesses eppeftul4ties. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.2: [Revised text, page 2] Collier County will support the opportunity for development and establishment of hospitals, nursing homes and additional medical related research and manufacturing facilities in order to promote a continuum of care to enhance the quality of life throughout the County. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2 [Revised text, page 3] (Expanding and Enhancing the Hospitality and Tourism Industry): Collier County will support programs that are designed to expand and enhance the tourism industry. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3 (New and Existing Industries): [No change to text, page 3] Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words etFUGk thrsugh are deleted. 1 EAR -based GMP Amendments Economic Element — CCPC Transmittal Hearings 12/29/2011 Policy 3.3: [Revised text, page 3] Collier County will lappet the prepare alien of—an annual report on the progress of economic development and diversification, in the County, specifically as it relates to achieving the objectives set forth in the five -year economic development plan referenced in Policy 3.1 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 3.8: [Revised text, page 4] Collier County, in coordination with appropriate entities, will continue programs that encourage and assist in the location of new companies that build on, but not limited to the traditional economic base of Tourism, Retail Trade, Construction and the 2rowin2 areas of Health and Life Sciences and Computer Software and Services. Pettey 3.9: [Delete policy, page 4] —.d tFaditienal industff starts. Policy 3.9 -0: [Renumbered policy, page 4] Policy 3.10 -1: [Renumbered policy, page 4] Policy 3.112: [Renumbered policy, page 4] Policy 3.12 3: [Renumbered policy, page 4] Pokey 3.14:— [Relocate policy, page 4] attfaet new businesses and develep the leeal weFkfer-ee for- sueh businesses. These ineefAives ineludt- Policy 3.13 5: Policy 3.14 b: [Renumbered policy, page 5] [Renumbered policy, page 5] Policy 3.15: [New Policy, page 5] Collier County will obtain and monitor the County's unemployment rate from the United States Department of Labor. DRAFT Words underlined are added; words stFusk t#Feugh are deleted. 2 ; 7 payments te businesses thm are either- installi eemmunieations systems. , ding br-eadba Policy 3.13 5: Policy 3.14 b: [Renumbered policy, page 5] [Renumbered policy, page 5] Policy 3.15: [New Policy, page 5] Collier County will obtain and monitor the County's unemployment rate from the United States Department of Labor. DRAFT Words underlined are added; words stFusk t#Feugh are deleted. 2 EAR -based GMP Amendments Economic Element — CCPC Transmittal Hearings 12/29/2011 OBJECTIVE 4: [Revised text, page 5] (Nonprofit and Civic Organizations and Local Groups/Programs): Recognizing the significant economic and social benefits and the overall quality of place attributable in large part to the vast array of nonprofit organizations, civic and community associations, and other local groups and programs in Collier County and in the southwest Florida region, the County, where appropriate, will support the community involvement efforts and economic development goals of such organizations, associations, groups and programs. ee.,..emie ae.elep en4 gea4s, of ert� and ,.,,,y,.,.,,,nity „l. o eR4 e f neapfefi � uaiu vviiuia�,uu 7 . Peliey 4:1 [Delete policy, page 5] Collier- County will suppei4 the eeenemie development initiatives of fegienal nonprofit er-ganizations. Pe1iey 4.2: [Delete policy, page 5] Collier County will suppert the eeenemie development geals and effeits of eeuR"ide or-ganiz4iens. Policy 4.1: [Delete policy, page 5] [New policy, page 5] Collier County will support, where appropriate, the economic development; initiatives of regional nonprofit organizations, goals and efforts of countywide organizations and efforts of localized organizations. OBJECTIVE 5 (Expansion and Development of Educational Facilities and Programs): [No change to text, page 5] Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification. * ** * ** * ** * ** * ** text break* * ** OBJECTIVE 6 (Development Regulations): [No change to text, page 5] Collier County will maintain a system of development regulations that will promote the accomplishment of the goals, objectives, and policies of this Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** EAR -EE — CCPC Workshop Draft 9 -16 -11 G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSIElements\Economic- Element - MB DRAFT Words underlined are added; words straskt#rodgh are deleted. 3 Assessment of the Successes & Shortcomings and Recommendations ECONOMIC ELEMENT Introduction and Background The purpose of this Element is to serve as a set of guidelines to assess the impacts of growth management decisions on the County's economic vitality. The Element also addresses certain requirements of the Southwest Florida Strategic Regional Plan regarding economic issues. It must be noted that the Economic Element only encourages, and does not mandate, that the County consider economic matters in relation to its overall planning and growth management strategy, as reflected in the other Elements of this Growth Management Plan (GNP). In considering whether to adopt changes or modifications to the GMP or the Land Development Code, the Board of County Commissioners must weigh the relative importance of many factors, of which economic impacts are not always the most significant. The Economic Element contains a single Goal and six (6) Objective Areas. These Objective Areas are: 1. The Conservation and Enhancement of Natural, Cultural & Social Resources. 2. Expanding and Enhancing the Tourism Industry. 3. New and Existing Industries. 4. Nonprofit and Civic Organizations & Local Groups/Programs. 5. Expansion and Development of Educational Facilities and Programs. 6. Development Regulations. The below evaluation of the Goal, Objectives and Policies of the Economic Element has been a collaborative effort between the Collier County Economic Development Council (EDC) and Comprehensive Planning. GOAL: COLLIER COUNTY WILL ACHIEVE AND MAINTAIN A DIVERSIFIED AND STABLE ECONOMY BY PROVIDING A POSITIVE BUSINESS CLIMATE THAT ASSURES MAXIMUM EMPLOYMENT OPPORTUNITIES WHILE MAINTAINING A HIGH QUALITY OF LIFE. OBJECTIVE 1 (The Conservation and Enhancement of Natural, Cultural and Social Resources): Collier County will encourage the conservation and enhancement of those natural, cultural, and social resources that represent the foundation of the County's existing retirement, recreation, and tourist - oriented economy, in order to place the County in a competitive position to enable the retention and expansion of these and other business opportunities. Objective Achievement Analysis: Collier County recommends text be remain. The County still maintains a position of strengthening the attributes which contributes to its competitive advantage regarding a sense of place which attracts new working and retired residents, as 1 ECONOMIC ELEMENT well as seasonal residents and short term visitors. The proposed revisions will be to clarify the purpose of the objective, as proposed below. OBJECTIVE 1 (The Conservation and Enhancement of Natural, Cultural and Social Resources): Collier County will encourage the conservation and enhancement of those natural, cultural, and social resources that are integral to maintaining and expanding; that portion of the County's economy 4he Getffity's Ming which largely relies on seasonal residents and short term visitors and retired residents r A, particularly recreation, hospitality and tourism industries t er-iented eee exay, in order to place the County in a the most advantageous eempetitiv a position to enable retain ea4iet3 and expan d sien-e€ these and other similar or related businesses epperies. Planning Commission (CCPC) Comment from August 25 2010 EAR Workshop — The CCPC felt the renumbering of the Objectives as suggested by staff was unnecessary. Policy 1.2: Collier County will support the opportunity for development and establishment of hospitals, nursing homes and additional medical related 'facilities in order to promote a continuum of care to enhance the quality of life throughout the County. Policy Achievement Analysis: Collier County recommends text be revised. As part of the means to make the County more attractive to a growing aging population, the attention and support of medical related facilities is essential. To further provide clarification the inclusion of medical related research and manufacturing facilities is being proposed to be included within the facilities promoted. n OBJECTIVE 2 (Expanding and Enhancing the Tourism Industry): Collier County will support programs that are designed to expand and enhance the tourism industry. Objective Achievement Analysis: Collier County recommends text be revised. A central tenant of the composition of the Collier County economy lies within Tourism, not only for short term economic opportunities that tourist bring to the County, but the continual exposure of the County to potential new full time and seasonal residents who first experience the County through tourist opportunities have long term economic ramifications. The objective is being proposed to be modified by adding the words — "hospitality amend. the tourism industry" OBJECTIVE 3 (New and Existing Industries): Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base. Objective Achievement Analysis: Collier County recommends text remains. The economic strategy employed by the County is a two prong approach; job creation through strengthening existing industries as well as active marketing to firms outside of the local market through recruitment efforts. 2 ECONOMIC ELEMENT Policy 3.3: Collier County will support the preparation of an annual report on the progress of economic development in the County. Policy Achievement Analysis- Collier County recommends text be revised. The preparation of an annual report detailing the economic progress and specifics of existing programs is an effort which helps provided the business community a wider breadth of understanding of the business environment fostered by the County and potential opportunities within the County. The policy is being proposed as modified below. Policy 3.3: Collier County will 6UPPOFt the at+efl -e prepare an annual report on the progress of economic development and diversification, in the -Ceu , specifically as it relates to achieving the obiectives set forth in the five -year economic development plan referenced in Policy 3.1 Planning Commission (CCPC) Comment from August 25, 2010 EAR Workshop — Remove the reference to the EDC in the proposed policy. Policy 3.8: Collier County, in coordination with appropriate entities, will continue programs that encourage and assist in the location of new companies that build on the traditional economic base. Policy Achievement Analysis: Collier County recommends text be revised. Attention to the core components of the Collier Economy is a central tenant of the economic platform endorsed by the County and will continue to be as the County moves forward with its economic diversification efforts. Planning Commission (CCPC) Comment from Ay gust 25. 2010 EAR Workshop — Would like to see traditional economic base articulated in policy. Policy 3.9: Collier County will support the preparation of an annual report on the progress of existing industry expansions and traditional industry starts. Policy Achievement Analysis- Collier County recommends text be deleted. The policy is redundant, with the annual report provided for in policy 3.3. Policy 3.14: Collier County has adopted a comprehensive program of economic incentives that are designed to attract new businesses and develop the local workforce for such businesses. These incentives include: a. An impact fee payment assistance program for either new or expanding targeted industries; b. A job creation investment program for the relocation or expansion of targeted industries; c. A property tax stimulus program providing payments to offset the costs associated with the relocation and /or expansion of targeted industries; and, d. An advanced broadband infrastructure investment program, which provides payments to businesses that are either installing or expanding broadband communications systems. 3 ECONOMIC ELEMENT Policy Achievement Analysis: Collier County recommends text relocated. The County has identified the above means to reduce locational barriers faced by firms entering into the Collier market and will continue to do so in the future and the development of the Project Innovation initiative is direct evidence of this commitment. Planning Commission (CCPC) Comment from August 25 2010 EAR Workshy — remove this policy and relocate to either the Housing Element or the Immokalee Area Master Plan. NEW policy 3.14: Add a policy that states Collier County on a semi - annual basis will obtain and monitor the County's unemployment rate from the United States Department of Labor. Planning Commission (CCPC) Comment from December 7 2010 EAR adoption Hearing — develop a policy for the County to regularly monitor the County's unemployment rate. OBJECTIVE 4 (Nonprofit and Civic Organizations and Local Groups /Programs): Collier County will support the economic development goals, efforts and community involvement of nonprofit organizations, civic associations and local groups and programs. Objective Achievement Anal Collier County recommends be revised. Support to these groups or organizations are part of the overall support for attempts to bring diversity and sustainability to the Collier economic mix. The Objective is proposed to be revised to provide n further clarification to it purpose as detailed below. OBJECTIVE 4 (Nonprofit and Civic Organizations and Local Groups /Programs): Recognizing the significant economic and social benefits and the overall quality of place attributable in large part to the vast array of nonprofit organizations, civic and community associations and other local groups and programs in Collier County and in the southwest Florida region, the County will support the community involvement efforts and economic development goals of such organizations, associations, groups and programs. Policy 4.1: Collier County will support the economic development initiatives of regional nonprofit organizations. Policy Achievement Analysis: Collier County recommends text be revised, as suggested at the conclusion of policy 4.3. Successful economic development strategies must understand the economic landscape on a regional basis to identify and leverage opportunities contained within the region and with that understanding the county will support such regional efforts. Policy 4.2: Collier County will support the economic development goals and efforts of countywide organizations. 4 ECONOMIC ELEMENT n Policy Achievement Analysis: Collier County recommends text be revised, as suggested at the conclusion of policy 4.3. As with policy 4.1 the County understands the importance of local efforts with economic diversification efforts and will continue to support such organizations. Policy 4.3: Collier County will support the economic development efforts of localized organizations. Policy Achievement Anal Collier County recommends text to be revised. Policy 4.1, 4.2 and 4.3 could be combined within one policy as suggested below Policy 4.1: Collier County will support the economic development; initiatives of regional nonprofit organizations, goals and efforts of countywide organizations and efforts of localized organizations. OBJECTIVE 5 (Expansion and Development of Educational Facilities and Programs): Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification. Objective Achievement Anal Collier County recommends text remains. Successful economic development strategies understand the necessity of linking educational institutions to specific industries to assist within technology transfer and product and process innovation. Additionally, a strong educational linkage to industry ensures a yearly supply of fresh talent and ideas for existing business to draw upon and stands as a required infrastructure for a locality to provide similar to other locational infrastructure requirements. OBJECTIVE 6 (Development Regulations): Collier County will maintain a system of development regulations that will promote the accomplishment of the goals, objectives, and policies of this Element. Objective Achievement Analysis: Collier County recommends text remains. The level of complexity associated with the development regulations of the County must weigh the protections being sought against the barriers they create for new business starts and existing business expansion. Attention must be paid to both sides of the balance. Policy 6.1 Collier County will periodically review its land development regulations for consistency with the Collier County Growth Management Plan to promote the accomplishment of the goals, objectives and policies of this Element. Policy Achievement Analy i 1E. Collier County recommends text remain. ECONOMIC ELEMENT Periodic review of development regulations are required to ensure that unintended negative consequences, contrary to the GMP's Economic Element are not resulting from such development regulation. Planning Commission (CCPQ Comment from August 25 2010 EAR Workshop — Leave policy as written. 6 ECONOMIC ELEMENT EAR -based GMP Amendments Public School Facilities Element— CCPC Transmittal Hearing 1 -26-12 Goals, Objectives and Policies Public Schools Facilities Element (PSFE) GOAL: [Goal provided for contextual purposes only; no change proposed, page 3] TO PROVIDE FOR COORDINATED PLANNING BETWEEN THE COUNTY AND THE SCHOOL DISTRICT AND TO ESTABLISH A SCHOOL CONCURRENCY MANAGEMENT SYSTEM TO ENSURE ADEQUATE SCHOOL CAPACITY IS AVAILABLE TO ACCOMMODATE ENROLLMENT DEMAND AS IDENTIFIED IN THE SCHOOL DISTRICT'S FINANCIALLY FEASIBLE FIVE -YEAR CAPITAL IMPROVEMENT PLAN * ** * ** * ** * ** * ** textbreak * ** * ** * ** * ** * ** OBJECTIVE 2: [Objective provided for contextual purposes only; no change proposed, page 3] The County, in cooperation with the School District, shall ensure a school concurrency evaluation is performed on all non - exempt residential development to verify that new students can be accommodated within the adopted level of service standard established for each school type as measured within a CSA. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 2.3 [Deleted text, pages 5 & 6] The County, through its land development regulations, and in conjunction with the School District, shall establish a school concurrency review process for all residential development projects that are not exempt under Policy 2.2 of this Element. The following are the minimum review process requirements for all non - exempt residential development: A. Submittal of a residential development application including a School Impact Analysis (SIA) to the County for sufficiency review. B. Determination of completeness by the County. If deemed complete, the County shall transmit the application, including the SIA, to the School District for review. C. Review of the application, by the School District, for available capacity, and issuance of a School Capacity Availability Determination Letter (SCADL) within 20 days after receipt of a complete application from the County. DRAFT The School District shall identify the following in the SCADL: 1. Available capacity within the affected CSA. 2. If capacity is not available within the affected CSA, the available capacity within one or more of the adjacent CSAs. (If the affected CSA does not contain a Words underlined are added; words stFUsk through are deleted. 1 EAR -based GMP Amendments Public School Facilities Element — CCPC Transmittal Hearing 1 -26-12 particular school type (elementary, middle, high), the adjacent CSAs shall be evaluated for available capacity.) 3. If capacity is not available in the adjacent CSAs, the School District shall indicate that the development is not in compliance with the adopted LOSS and offer the applicant the opportunity to negotiate a mitigation plan within a 90 day period. * ** * ** * ** * ** * ** text break * ** * ** MW .. * ** * ** * ** [Deleted text, page 6] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3: [Objective provided for contextual purposes only; no change proposed, page 7] The County and the School District will: coordinate the location of public schools with the Future Land Use Map and map series to ensure that existing and proposed school facilities are located consistent with existing and proposed residential areas they serve and are proximate to appropriate existing and future land uses, and serve as community focal points; coordinate the location of public school facilities relative to the location of other public facilities such as parks, libraries and community centers to the extent possible; coordinate existing and planned public school facilities with the plans for supporting infrastructure; establish a monitoring group; and address coordination on emergency preparedness issues. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words steiGk thFough are deleted. 2 EAR -based GMP Amendments Public School Facilities Element— CCPC Transmittal Hearing 1 -26 -12 Policy 3.6: [Revised text, page 8] The County, ' and the School District; shall collaborate with their jointly appointed Citizen Advisory Group establish a Q62,Lea A dvisefy &eup (GAG) to monitor planning and school concurrency in EAR -PSFE — CCPC Transmittal Hearing 1 -26 -12 G:ICDES Planning ServiceslComprehensive12o11 EAR -BASED GMP AMENDMENTS1Elements\PSFE -MM MM DRAFT Words underlined are added; words 6tFUGk thmugh are deleted. Assessment of the Successes and Shortcomings and Recommendations for the Public School Facilities Element A. Background and Introduction In 2005, the Florida Legislature enacted legislation (Senate Bill 360) amending Sections 163.3177 and 163.3180, F.S., requiring the establishment of concurrency for public school facilities not granted an exception. The implementation of school concurrency requires local governments to establish level of service standards for concurrency for public schools and adopt a Public School Facilities Element into their comprehensive plans. In 2008, in response to this legislative requirement, the Collier County School Board, Collier County and the municipalities within the County, coordinated the adoption of the Public Schools Facilities Element along with amendments to the Intergovernmental Coordination and Capital Improvements Elements to ensure consistency among the local governments' comprehensive plan elements and the School Board's plans. The Public Schools Facilities Element implements a uniform, district -wide public school concurrency system requiring concurrency for public schools be met before development orders are issued. The Collier County School District has a current enrollment of 42,849 students in grades pre- kindergarten through twelfth grade based on the school enrollment census taken in October 2009. The Florida Inventory of School Houses (FISH) capacity for existing core facilities can serve 48,257 students. The District reports that by year 2019, the projected student enrollment numbers are expected to grow to over 49,800 students. In order to meet the district -wide level of service standard of 100 percent for high schools, and 95 percent for both elementary and middle schools, within the five year planning horizon, an elementary school expansion to add 162 seats is planned and programmed within the District's Five -Year Work Plan. The Collier County School District currently meets the adopted level of service standards for public school facilities. School concurrency capacity projects identified in the School District's Five -Year Work Plan do not require Collier County to provide capital improvements for those projects within the five - year planning period. Based on student enrollment projections and the elementary school expansion planned and programmed in year 2014/2015, Collier County will continue to meet the adopted level of service standards for public school facilities for the five -year planning period. B. Element Review Less than two years have passed since the Public School Facilities Element was adopted. During that time period the County experienced a decline in residential development and an I PUBLIC SCHOOL FACILITIES ELEMENT Updated for January 2011 BCC Adoption outmigration of its population. As a result, school facility construction lessened and projects planned within the School District's 5 -Year Capital Improvement Plan were moved into later planning years. Since the school concurrency program generally remains unchanged since its adoption, the County is proposing minimal changes to PSFE at this time. Proposed changes to the Element include: deleting a paragraph within Policy 2.3 and deleting Policy 2.5 to reflect the adoption of implementing school concurrency provisions within the Land Development Code in June 2010; and, revising Policy 3.6 to reflect the establishment of a Citizen Advisory Group and provide that the planning and monitoring of school concurrency by the CAG is ongoing. C. Objective Analysis OBJECTIVE 2: RESIDENTIAL DEVELOPMENT REVIEW The County, in cooperation with the School District, shall ensure a school concurrency evaluation is performed on all non - exempt residential development to verify that new students can be accommodated within the adopted level of service standard established for each school type as measured within a CSA. [This Objective is provided for contextual purposes only; no change is proposed] Policy 2.3: The County, through its land development regulations, and in conjunction with the School District, shall establish a school concurrency review process for all residential development projects that are not exempt under Policy 2.2 of this Element. The following are the minimum review process requirements for all non - exempt residential development: A. Submittal of a residential development application including a School Impact Analysis (SIA) to the County for sufficiency review. B. Determination of completeness by the County. If deemed complete, the County shall transmit the application, including the SIA, to the School District for review. C. Review of the application, by the School District, for available capacity, and issuance of a School Capacity Availability Determination Letter (SCADL) within 20 days after receipt of a complete application from the County. The School District shall identify the following in the SCADL: 1. Available capacity within the affected CSA. 2. If capacity is not available within the affected CSA, the available capacity within one or more of the adjacent CSAs. (If the affected CSA does not contain a particular school type (elementary, middle, high), the adjacent CSAs shall be evaluated for available capacity.) PUBLIC SCHOOL FACILITIES ELEMENT Updated for January 2011 BCC Adoption 3. If capacity is not available in the adjacent CSAs, the School District shall indicate that the development is not in compliance with the adopted LOSS and offer the applicant the opportunity to negotiate a mitigation plan within a 90 day period. The Interlocal Agreement for Public School Facility Planning and School Concurrency and this Public School Facilities Element shall provide the process necessary to determine available school capacity for all residential projects that are not exempt under Policy 2.2 of this Element, until such time as land development regulations (LDRs) are adopted. In the event that one of the documents listed above is not in effect prior to LDR adoption, the other document shall provide the process necessary to determine available school capacity for all non - exempt residential projects. Policy Achievement Anal The Policy remains relevant and should be retained. However, the last paragraph should be deleted, as this policy objective has been achieved with the adoption of Land Development Code regulations in 2010. Policy 2.5: Within one (1) year from the effective date of the School Concurrency Growth Management Plan amendments, the County shall adopt school concurrency provisions into its Land Development Regulations (LDRs) to implement school concurrency. Policy Achievement Analysis: The Policy objective has been achieved with the adoption of Land Development Code regulations in 2010. This Policy is no longer relevant and should be deleted. OBJECTIVE 3: The County and the School District will: coordinate the location of public schools with the Future Land Use Map and map series to ensure that existing and proposed school facilities are located consistent with existing and proposed residential areas they serve and are proximate to appropriate existing and future land uses, and serve as community focal points; coordinate the location of public school facilities relative to the location of other public facilities such as parks, libraries and community centers to the extent possible; coordinate existing and planned public school facilities with the plans for supporting infrastructure; establish a monitoring group; and address coordination on emergency preparedness issues. Public Comment (Community Meeting held on 3115110): Public stated that there is a need to coordinate school siting and facility planning with County infrastructure. [This Objective is provided for contextual purposes only; no change is proposed] 3 PUBLIC SCHOOL FACILITIES ELEMENT Updated for January 2011 BCC Adoption Policy 3.6: The County, in conjunction with the School District, shall establish a Citizen Advisory Group (CAG) to monitor planning and school concurrency in Collier County. Policy Achievement Analysis: The policy objective has been achieved with the establishment of the CAG in 2009. This Policy remains relevant and should be retained. However, the Policy should be revised to reflect the establishment of the Citizen Advisory Group and that monitoring and planning of school concurrency, by the CAG, is an ongoing activity. n 0 PUBLIC SCHOOL FACILITIES ELEMENT �1 Updated for January 2011 BCC Adoption 9 /y rate, M C C;o e-r Comnt� MEMORANDUM TO: Collier County Planning Commission FROM: �David Weeks, AICP, Growth Management Plan Manager Comprehensive Planning Section, Land Development Services Department, Growth Management Division/ Planning & Regulation DATE: January 19, 2012 RE: Additional Documents for January 26, 2012 Transmittal Hearing on EAR - based GMP Amendments Please find attached, to place in the binder previously provided to you on or about Friday, January 13, 2012, the below additional documents, followed by some explanation. Housing Element 1. Graph - The Cost of Housing: Collier County 1991 -2011 This graph is being provided as support documentation to partially address provisions for affordable — workforce housing contained within Objectives 1, 2 and 8 of the Housing Element (labeled "pending "). At the January 26, 2012 meeting, staff will provide a formal presentation, including a detailed explanation of the graph, and present the Affordable Housing Advisory Committee's (AHAC) recommendations from their January 9, 2012 meeting. It should be noted that staff and the AHAC have not yet prepared, and are not ready to, draft/amend the referenced Housing Objectives. It is anticipated that after the staff presentation and CCPC's discussion regarding these Objectives, an additional meeting may be needed to fmalize Objectives text. Future Land Use Element 1. FLUE addendum identifying additional text and map changes, mostly pertaining to the Coastal High Hazard Area. 2. Future Land Use Map (FLUM), Exhibit "A" to Resolution (8 %2 x 11). 3. FLUM Work Map (11 x 17). 4. Coastal High Hazard Area (CHHA) Map, Exhibit "A" to Resolution (11 x 17). 5. CHHA Work Map (11 x 17). The FLUM Exhibit "A" is the map as proposed for approval; it reflects removal of the Traffic Congestion Area boundary, and the new CHHA boundary — generalized (and will be revised to reflect the new 10 -year planning period of 2012 - 2022). The FLUM Work Map, which is a supporting document only, allows the reader to see the "before and after" changes - it depicts the existing Traffic Congestion Area (TCA) boundary, the existing CHHA boundary, and the new CHHA boundary — generalized. The CHHA Map Exhibit "A" is the map as proposed for approval; it reflects the new CHHA boundary — generalized, as depicted on the FLUM, and reflects the precise CHHA boundary using GIS. For regulatory purposes, e.g. application of the FLUE's density rating system to determine eligible density, the precise CHHA boundary will be utilized. If adopted and in effect, an electronic version of this map will be available on line that will allow the viewer to zoom in for more detail, e.g. local streets and street names. The CHHA Work Map, which is a supporting document only, allows the reader to see the "before and after" changes - it depicts the existing Traffic Congestion Area (TCA) boundary, the existing CHHA boundary, the new CHHA boundary — generalized, and the precise CHHA boundary using GIS. This map and the CHHA Exhibit "A" map allows the viewer to see the irregular shape of the new CHHA, including islands of higher elevation excluded from the CHHA (white areas amidst the sea of yellow). In many instances, these islands reflect developed areas where the elevation has been raised. Conversely, some yellow (CHHA) areas reflect preserve areas and man-made lakes surrounded by development at a higher elevation. At its workshop last October, the CCPC expressed concern regarding the impact upon private property rights that could result from the TCA/CHHA- related density rating system changes. As noted on the FLUE addendum, staff is proposing a new policy; it mirrors a policy proposed in the recent Immokalee Area Master Plan GMP amendment petition CP- 2008 -5. Additional staff analysis yields the potential for 52 parcels comprising approximately 222 acres (almost all zoned A, Rural Agricultural) to be negatively impacted by the proposed density rating system changes, i.e. lower eligible density for rezoning. In actuality, staff believes those figures will be even lower as the owners of some properties may never pursue a rezone to residential zoning while others may pursue such a rezone, but not above the proposed maximum of 3 units per acre. cc: Mike Bosi, AICP, Manager, Comprehensive Planning Section Nick Casalanguida, Deputy Administrator, GMD/P &R Memo to CCPC — additional dots for 1 -26-12 hearing GAGDES Planning Services \ComprehensiveV)avid12011 EAR - dw1GMPAs 2011 EAR -based dw11 -19 -12 2 rl N ri Q\ T C O U it O U bA ..r H O x w O r.d y O U F °o N Eb ITOZ Zb TTOZ TO TIOZ bb OTOZ ED OTOZ Zb OTOZ TO OTOZ bb 60OZ Eb 60OZ Zb 60OZ Tb 60OZ bb sooz Eb 800Z zb 800z Ib SON bb LOOZ Eb LOOZ Zb LOOZ TO LOOZ bb 9002 Eb 900Z Zb 900z Tb 900Z 4b SON Eb Sooz Zb SOOZ Tb SOOZ bb b0OZ £b 4002 Zb b00Z Tb booz bb EOOZ I'D zooz 1710 TOOZ £b Tooz Zb IOOZ I'D TOOz bb OOOZ £b 000z Zb OOOZ Tb OOOZ bb 666T Eb 6661 Zb 666T Tb 666T bb 866T Eb 8661 Zb 8661 Lb 866T WO L66T eb L66T Zb L66T Cb L66T 7b 966T 3b 966T .09661 10 966T 710 S66T :b S66T 'O S66T b S66T Ib 4661 ID 366T b b66T b 4661 b E66T b E661 b E661 0 E66T 0 Z661 0 Z66T 0 Z66T 0 Z66T D L66T D 1661 D T66T D T66T N v c 0 0 t cu E 0 c AR a GJ n Il N W m c v U v Q v a c 'c t= 0 a CL O on c 0 x I v c 0 0 m U CL` v c N n n bn `o Ts c w 3 0 3j � y v c o ro aci o v � E v o wo 3 «. v v c � � z 'cd � � c c � d y M N O �o N N Cl 0 CN CD CD v N y w c is � y v � x� � a U 7 bU th a. N � x bo b°n t: E w ,e �ro v 3� � o lu W .0 o � xo O � o � C� N ¢ U o c � o rte. a to z ._ F� 0 z EAR -based amendments Future Land Use Element— CCPC Transmittal Hearing Goal, Objectives and Policies Future Land Use Element (FLUE) ADDENDUM dated 1/19/12 IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES I OBJECTIVE 5: [No change to text — provided for context, page 18] In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** New policy 5.xx regarding impact of CHHA changes (policy # TBD). Policy 5.xx: [New text, page xx] Any property owner who believes that they have been adversely affected by the changes to the Density Rating System relative to the Coastal High Hazard Area (CHHA) - to add a density reduction factor of minus one dwelling unit per acre for properties lying within the CHHA to replace the former traffic congestion area density reduction factor, and to add a prohibition on applicability of density bonuses within the CHHA for conversion of commercial zoning, proximity to an activity center, affordable - workforce housing and roadway access — and/or changes to the CHHA boundary depicted on the Future Land Use Map and Map Series, may utilize the procedures set forth in Chapter 9 (Vested Rights and Takings Determinations) of the Collier County Land Development Code (LDC). All such applications must be submitted within one year from the effective date of the aforementioned CHHA changes. These procedures shall be considered supplemental to any other claim or remedy that the property owner may have Notice of the Adoption and effective date of the CHHA changes and the one -year time frame within which any property owner who believes that they have been adversely affected by the CHHA changes may utilize the procedures set forth in Cha ter 9 Vested Rights and Takings Determinations) of the LDC shall be provided with a minimum 1/8 page notice in a newspaper of general circulation in Collier County within 15 days of the effective date of the Adoption by the BCC of the CHHA amendments. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** DRAFT Words underlined are added; words s#uok thmugh are deleted. EAR -based amendments Future Land Use Element — CCPC Transmittal Hearing 1 -19 -12 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION,,:..: [No change to text — provided for context, page 26] * ** ** * ** ** * ** text break * ** * ** * ** * ** * ** Future Land Use Map Series [Revised text, final page of FLUE text] Add new Future Land Use Map Series map: Future Land Use Map Mixed Use & Interchange Activity Center Maps * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Coastal High Hazard Area Map * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Future Land Use Map and Map Series [New map, following FLUE text] a. Revise date range on countywide FLUM from 2006 -2016 to 2012 -2022. b. Add new map: Coastal High Hazard Area Map (correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element, changes in the Density Rating System in FLUE, and changes on the Future Land Use Map). 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