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EAC Agenda 09/05/2012EAC MEETING AGENDA INCLUDES 2011 PROPOSED EAR -BASED AMENDMENTS SEPTEMBER 5, 2012 AGENDA COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL WILL MEET AT 9:00 A.M., WEDNESDAY, SEPTEMBER 5, 2012 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA I. Call to Order II. Roll Call III. Welcome New EAC Member Brian Doyle IV. Approval of Agenda V. Approval of July 3, 2012 meeting minutes VI. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions - none VII. New Business A. Election of Chair and Vice -Chair VIII. Old Business A. Marco Island Executive Airport Expansion Special Treatment Permit - Update ST — PL- 2012 -0900 B. LDC amendment C. Adoption of EAR -based GMP Amendments IX. Council Member Comments A. Subcommittee Report X. Staff Comments XI. Public Comments XII. Adjournment Council Members: Please notify Stephen Lenberger (252 -2915) or Jerry Kurtz (252 -5860) no later than 5:00 p.m. on Wednesday August 29 2012 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 12 July 3, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, July 3, 2012 LET IT BE REMEMBERED, the Collier County Environmental Advisory Council, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman David Bishof Gina Downs Michael Sorrell (Excused) Gary McNally (Alternate) ALSO PRESENT: Steve Williams, Assistant County Attorney Stephen Lenberger, Sr. Environmental Specialist Jerry Kurtz, Stormwater and Environmental Planning Manager Gary McAlpin, Director, Coastal Zone Management 1 July 3, 2012 I. Call to Order Chairman Hushon called the meeting to order at 9:01AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Ms. Downs moved to approve the Agenda. Second by Mr. NNally. Carried unanimously 4 -0. IV. Approval of the June 6, 2012 meeting minutes Ms. Downs moved to approve the minutes of the June 6, 2012 meeting as presented. Second by Mr. McNally. Carried unanimously 4 - 0. Mr. Dickman arrived at 9: 04am V. Upcoming Environmental Advisory Council Absences None The Council determined to hear item VIII.A before item VIA VIII. Old Business A. Approval of Memo to BCC regarding Fertilizer Ordinance The Council reviewed a proposed memo to the Board of County Commissioners — Subject: "Improving Collier County's Fertilizer Ordinance " dated July 3, 2012. The following documents were submitted for the record: • Copy of the adopted Collier County Fertilizer Ordinance (Ordinance 11 -24). • Previous draft of a Collier County Fertilizer Ordinance containing more stringent requirements than the adopted Ordinance. • "Analytical Results of Nutrients and Chlorophyll Relative to the 2008 Fertilizer Ordinance in Lee County" prepared by Jim Ryan and Ernesto Lasso de la Vega last revised 05 -25 -12 and Appendix A,B. • Email from Amber Crooks dated Wednesday, June 06, 2012 5:41 PM to Council members and Staff - Subject: "Lee County Stringent Ordinance Reduced Nutrients - Study Attached" Ms. Downs moved to approve the memo as drafted and forward it to the Board of County Commissioners for their consideration. Second by Mr. Bishof. Speakers Amber Crooks, Conservancy of Southwest Florida spoke in support of the motion. Katie Parrish, Sierra Club spoke in support of the motion. Carried unanimously 5 — 0. 11 d July 3, 2012 The Council requested Staff to contact the County Manager and have the memo placed on the September Board of County Commissioners meeting agenda. VI. Land Use Petitions A. Wiggins Pass Maintenance Dredging and Navigation Improvement Project Special Treatment Permit (ST- PL20120000168) - Sections 8, 17 & 20, Township 48 South, Range 25 East The presenters were sworn in. Staff submitted the "EAC Staff Report — Meeting of July 3, 2012" for the record. Gary McAlpin, Director, Coastal Zone Management provided and overview of the application noting: • The project involves re- alignment of Wiggins Pass which is bordered on the north by Barefoot Beach and Delnor Wiggins State Park on the south. • The area is currently dredged for navigation purposes approximately every 24 months at a cost of $750,000 per event • The County is seeking to lengthen the dredge cycle, reduce maintenance costs and improve navigation of the Pass. • In order to find a solution, the Board of County Commissioners appointed a Stakeholders Workgroup of individuals representing the boating and environmental community, State Division of Parks and Recreation, Friends of Barefoot Beach and other parties. • The Workgroup developed a proposal and forwarded it to the Coastal Advisory Committee where a 3 member Subcommittee was appointed to implement the proposal. • The proposal is straighten the channel (which is currently an "S" curve) through a "soft engineering" design approach. • The realignment is intended to lengthen the major dredge cycle to approximately 4 years. • The proposal is designed for navigation of a 3 foot draft vessel maximum and will be completed outside of sea turtle nesting season. • The proposed solution consists of 3 components: • An initial construction phase as provided in the application. • A major dredge event (50,000 CY) anticipated every 4 years. • A minor dredge event (8,000— 10,000CY) every 2 years. Steve Keehn and Lauren Floyd of Coastal Planning and Engineering presented the Slideshow "Wiggins Pass Improvement Project — Presentation to the EAC" and provided an overview of the application noting: • The area is unique for the County as the net sediment transport is from the south to the north unlike other coastal areas in the county where it is the opposite. • Over the course of time, the channel has migrated northerly causing environmental damage and reconfiguring itself to an "S turn" as opposed to a historically straight channel. July 3, 2012 • In addition, sand accretion out the mouth of the channel impedes navigation and requires frequent dredging. • The accretion is caused by a combination of natural conditions and man made events such as dredging of adjacent bays. • The proposal was developed with the following goals in mind: • To lengthen the current dredge cycle required to maintain the Pass. • To find an environmentally friendly solution. • To improve navigational safety. • To curb the erosion occurring at the south end of Barefoot Beach. • To find a cost effective solution. • The proposal is based on a variety of data including extensive Stakeholder input, data collection and analysis, "ground truthing" and detailed computer modeling of the morphology of the Pass. • The proposed project protects endangered species, oyster beds and gopher tortoise nests within the area affected. • There will be no direct negative impacts on the hard bottom or sea grasses. • During the construction phase the Florida Fish and Wildlife Conservation Commission "construction conditions" will be effect including monitoring of turbidity. • The project is in conformance with the Coastal and Conservation Management Element and the Future Land Use Element of the Growth Management Plan. Council discussion occurred on: • Concern on the lack of a study for the projects potential impacts on any infauna in the area. Concern the environmental disruption to the area may not lead to achieving the goal of lengthening the dredge cycle given the natural dynamics of the area. An inlet in Bogue, NC, which was addressed with a similar solution and has exceeded expectations over a 5 year period. Break: 10: 50am Reconvened: I1: 00am Speakers Joe Moreland, Coastal Advisory Committee, Wiggins Pass Subcommittee Chairman addressed the council noting the project was developed with a substantial amount of Stakeholder input. Approximately $437,000 has been expended to date for study, design and permitting of the project. The project provides benefits in the area of increased flushing of the system, improved water quality, improved safety for navigation, and decreased liability to the County. It addresses a negative economic impact to the County (reduced collection of boat ramp fees at the County Boat ramp and decreased property values for landowners relying on the pass for access to the Gulf of Mexico). He requested the Council to recommend approval of the application. 4 July 3, 2012 Nicole Johnson, Conservancy of Southwest Florida supports the project noting the goal was to find a balance between protection of the environmental resources in the area and the ongoing rights to navigation. She recommended two conditions be attached to any recommended approval: the project provide adequate navigation for a 3 foot draft vessel maximum; and the scope of work be completed outside of turtle nesting season. She submitted written correspondence to the Chairman in the form of a letter dated June 26, 2012. Ms. Downs moved to recommend the Board of County Commissioners approve Wiggins Pass Maintenance Dredging and Navigation Improvement Project - Special Treatment Permit (ST- PL20120000168 subject to the following conditions: 1. The proposed project be designed to a depth required for navigation of a 3 foot draft vessel, maximum. 2. Construction elements (dredging, sand placement, etc.) of the project be undertaken outside of sea turtle nesting season. Mr. Bishof expressed concern a study was not completed on the potential impacts on the infauna of the area. Mr. Dickman expressed concern the project may not meet the goal of lengthening the dredge cycle given the natural dynamics of the Pass. However, in accordance with the policies under the auspices of the Council, the project meets the goals of the Coastal Conservation and Management Element of the Growth Management Plan. Mr. McNally noted the project will be an opportunity for the County to analyze a soft engineering solution to these issues and should provide valuable data for projects as the County moves forward. Chairman Hushon noted, in relation to infauna, the area is already subject to continuous disturbance via the ongoing dredging events and the consultants analyzed data (including ground truthing) for the natural resources associated with the area. Gary McAlpin reported the Agencies involved in permitting the project did not require a study on potential impacts on infauna. Second by Chairman Hushon. Motion carried 4 `yes " — I "no." Mr. Bishof voted "no. " VII. New Business (continued) B. Update members on projects Steve Lenberger reported the Bayside Cultural and Performing Arts Center application was approved by the Board of County Commissioners absent of the conditions recommended by the Environmental Advisory Council. IX. Council Member Comments A. Subcommittee Report Mr. Dickman reported the Subcommittee is conducting a comparison of environmental regulations between Collier County and adjacent Counties. They are currently addressing stormwater management planning. ti July 3, 2012 X. Staff Comments None XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 11:50 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, These Minutes were approved by the Board /Chairman on as presented , or as amended 301 Text underlined is new text to be added. Tevt 6tr'4ethro gh is current h vh to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division – Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Natural Resources Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 Criteria for Removal of Protected Vegetation CHANGE: Revise exemption and permitting requirements for mangroves, for consistency with State law. Revise to address the concerns of stakeholders and the Planning Commission. REASON: Under Section 403.9321, F.S. et seq, the County may not regulate trimming and alteration of mangroves per Section 403.9324, F.S., unless permitting has been delegated to the County from the State. Subsections 403.9324(1 -3), F.S., state the following: 403.9324 Mangrove protection rule; delegation of mangrove protection to local governments. — (1) Sections 403.9321- 403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department's authority to administer and enforce the regulation of mangroves as provided by this section shall be the sole regulations in this state for the trimming and alteration of mangroves on privately or publicly owned lands. All other state and local regulation of mangrove is as provided in subsection (3). (2) The department shall delegate its authority to regulate the trimming and alteration of mangroves to any local government that makes a written request for delegation, if the local government meets the requirements of this section. To receive delegation, a local government must demonstrate that it has sufficient resources and procedures for the adequate administration and enforcement of a delegated mangrove - regulatory program. When a county receives delegation from the department, it may, through interlocal agreement, further delegate the authority to administer and enforce regulation of mangrove trimming and alteration to municipalities that meet the requirements of this section. In no event shall more than one permit for the alteration or trimming of mangroves be required within the jurisdiction of any delegated local government. (3) A local government that wants to establish a program for the regulation of mangroves may request delegation from the department at any time. However, all local government regulation of mangroves, except pursuant to a delegation as provided by this section, is abolished 180 days after this section takes effect. F12011 LDCA - Cycle \Mangrove LDCA \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx Text underlined is new text to be added. T .h strikethrough is GUrFeRt te..t to he deleted Bold text indicates a defined term The Mangrove Trimming and Preservation Act does allow governments to restrict trimming or alteration of mangroves on uninhabited islands which are publicly owned or on lands which have been set aside for conservation and preservation, or mitigation. Subsection 403.9323(2), F.S., states the following: 403.9323 Legislative intent. (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans. The definitions from 403.9325, F.S., provide further clarification. 403.9325 Definitions. —For the purposes of ss. 403.9321- 403.9333, the term: (1) "Alter" means anything other than trimming of mangroves. (2) "Local government" means a county or municipality. (3) "Mangrove" means any specimen of the species Laguncularia racemosa (white mangrove), Rhizophora mangle (red mangrove), or Avicennia germinans (black mangrove). (4) "Mangroves on lands that have been set aside as mitigation" means mangrove areas on public or private land which have been created, enhanced, restored, or preserved as mitigation under a dredge and fill permit issued under ss. 403.91- 403.929, Florida Statutes (1984 Supplement, as amended), or a dredge and fill permit, management and storage of surface waters permit, or environmental resource permit issued under part IV of chapter 373, applicable dredge and fill licenses or permits issued by a local government, a resolution of an enforcement action, or a conservation easement that does not provide for trimming. (5) "Professional mangrove trimmer" means a person who meets the qualifications set forth in s. 403.9329. (6) "Public lands set aside for conservation or preservation" means: (a) Conservation and recreation lands under chapter 259; (b) State and national parks; (c) State and national reserves and preserves, except as provided in s. 403.9326(3); (d) State and national wilderness areas; (e) National wildlife refuges (only those lands under Federal Government ownership); (f) Lands acquired through the Water Management Lands Trust Fund, Save Our Rivers Program; (g) Lands acquired under the Save Our Coast program; (h) Lands acquired under the environmentally endangered lands bond program; (i) Public lands designated as conservation or preservation under a local government comprehensive plan; 2 FA2011 LDCA - Cycle \Mangrove LDCA \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx Text underlined is new text to be added. Te)d StFikethrg. h is t t )d t �o _be deleted Bold text indicates a defined term (j) Lands purchased by a water management district, the Fish and Wildlife Conservation Commission, or any other state agency for conservation or preservation purposes; (k) Public lands encumbered by a conservation easement that does not provide for the trimming of mangroves; and (1) Public lands designated as critical wildlife areas by the Fish and Wildlife Conservation Commission. (7) "Riparian mangrove fringe" means mangroves growing along the shoreline on private property, property owned by a governmental entity, or sovereign submerged land, the depth of which does not exceed 50 feet as measured waterward from the trunk of the most landward mangrove tree in a direction perpendicular to the shoreline to the trunk of the most waterward mangrove tree. Riparian mangrove fringe does not include mangroves on uninhabited islands, or public lands that have been set aside for conservation or preservation, or mangroves on lands that have been set aside as mitigation, if the permit, enforcement instrument, or conservation easement establishing the mitigation area did not include provisions for the trimming of mangroves. (8) "Trim" means to cut mangrove branches, twigs, limbs, and foliage, but does not mean to remove, defoliate, or destroy the mangroves. This proposed LDC amendment was drafted with assistance from staff from the County Attorney Office. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the County as trimming of mangroves is currently regulated by the State of Florida. The County cannot regulate trimming or alteration of mangroves unless permitting has been delegated to the County by the State, or the property is encumbered by a conservation easement or restrictive covenant in favor of Collier County. RELATED CODES OR REGULATIONS: None affected. GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment will have no impact on the GMP. OTHER NOTESNERSION DATE: November 23, 2011. Amended December 16, 2011, March 12, 2012, June 26, 201, July 27, 2012, August 3, 2012, August 10, 2012, August 22, 2012 Amend the LDC as follows: 1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 2 3 E. 4 5 dminictratia! ? Code 17-321.060 are exempt fTem preservattien— standards for the 6 maRgreve trees, unless they are a part of a preseFve. This exerriptiOR shall not appl)�-� 7 maRgFove alterations eF removal OR aRY pFer,,eN , 3rea where the mangroves 8 3 FA2011 LDCA - Cycle \Mangrove LDCA \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Text underlined is new text to be added. T .A F 'L th gh is ent te)d to be deleted Bold text indicates a defined term party that 66IGh hardship is peGUliar to the affeGted pFoperty and Rot self imposed, that the gFant of a variaRGe will be GGR6isteRt With the ORtent of this diViSiGR and the gFoyhh .,,aRagems ._. Mangrove Trimminq and Alteration that is exclusively governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333 F.S. excluding property which is encumbered by a conservation easement or restrictive covenant in favor of Collier County. F. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter remove or destroy mangrove trees, a vegetation removal permit for clearing 1 acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non - sending lands, non -NRPA, noncommercial zoning districts in which single - family lots have been subdivided for single - family use only, where the following conditions have been met: 1. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 2. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed on acre. 3. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 4. Where greater vegetation protection is required in the Rural Fringe Mixed Use District, a higher native vegetation protection requirement may not allow for the full one acre of clearing. # # # # # # # # # # # # 3.05.05 Criteria for Removal of Protected Vegetation * * * * * * * * * * * * * permit if it is deteprnined that Feasonable effert6 have been undeFtaken in the layout and design of the PFGposed development to preseFve existing vegetatiOR and to otheFwhse enhanGe the aesthetiG appeaFaRGe of the development by the *nGGFPGrat*c)n of existing vegetation in the Native vegetation shall be retained within proposed developments where existing vegetation would be expected to survive in open space areas or buffers, where site improvements or changes in elevation are not proposed or required. A vegetation removal permit may be issued under the following conditions: * * * * * * * * * * * * * G. R the Florida Administrative Code. HoweveF, FnaRgFeve rernovall A-F t-ro.m.m.ng shall be prohibited OR all pl:esewes er aFeas used to fulfill the native vegetatioR presewatien q iFeme^ For Mangrove Trimming or Alteration: 1 Where a DEP permit has been issued, or the property is exempt from DEP permitting in accordance with the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, FS, and 2. The Dropertv is encumbered by a conservation_ easement or restrictive covenant 4 FA2011 LDCA - Cycle \Mangrove LDCA \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx I/ 1 2 3 4 5 6 7 8 Text underlined is new text to be added. Tikett.rn, gh is GUFFent tevt to be deleted Bold text indicates a defined term in favor of Collier County, then Trimming or Alteration of mangroves shall only be allowed if: a. It is in accordance with an approved preserve management plan pursuant to Subsection 3.05.07.H, or b. The mangroves are impacted by a use allowed in preserves pursuant to Subsection 3.05.07.H or by PUD Ordinance, or C. The BCC approves the Mangrove Trimming or Alteration. # # # # # # # # # # # # # 5 FA2011 LDCA - Cycle \Mangrove LDCA \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx Text underlined is new text to be added. Text strikethFough is. GUFFeAt text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division – Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Natural Resources Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 Criteria for Removal of Protected Vegetation CHANGE: Revise exemption and permitting requirements for mangroves, for consistency with State law. Revise to address the concerns of stakeholders and the Planning Commission. REASON: Under Section 403.9321, F.S. et seq, the County may not regulate trimming and alteration of mangroves per Section 403.9324, F.S., unless permitting has been delegated to the County from the State. Subsections 403.9324(1 -3), F.S., state the following: 403.9324 Mangrove protection rule; delegation of mangrove protection to local governments. — (1) Sections 403.9321- 403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department's authority to administer and enforce the regulation of mangroves as provided by this section shall be the sole regulations in this state for the trimming and alteration of mangroves on privately or publicly owned lands. All other state and local regulation of mangrove is as provided in subsection (3). (2) The department shall delegate its authority to regulate the trimming and alteration of mangroves to any local government that makes a written request for delegation, if the local government meets the requirements of this section. To receive delegation, a local government must demonstrate that it has sufficient resources and procedures for the adequate administration and enforcement of a delegated mangrove - regulatory program. When a county receives delegation from the department, it may, through interlocal agreement, further delegate the authority to administer and enforce regulation of mangrove trimming and alteration to municipalities that meet the requirements of this section. In no event shall more than one permit for the alteration or trimming of mangroves be required within the jurisdiction of any delegated local government. (3) A local government that wants to establish a program for the regulation of mangroves may request delegation from the department at any time. However, all local government regulation of mangroves, except pursuant 1 C: \Users \plmorgan\App Data \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \IINL1Y72 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx Text underlined is new text to be added. Text stFikethrough 06 GUFF8Rt text to be deleted. Bold text indicates a defined term to a delegation as provided by this section, is abolished 180 days after this section takes effect. The Mangrove Trimming and Preservation Act does allow governments to restrict trimming or alteration of mangroves on uninhabited islands which are publicly owned or on lands which have been set aside for conservation and preservation, or mitigation. Subsection 403.9323(2), F.S., states the following: 403.9323 Legislative intent. — (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans. The definitions from 403.9325, F.S., provide further clarification. 403.9325 Definitions. —For the purposes of ss. 403.9321- 403.9333, the term: (1) "Alter" means anything other than trimming of mangroves. (2) "Local government" means a county or municipality. (3) "Mangrove" means any specimen of the species Laguncularia racemosa (white mangrove), Rhizophora mangle (red mangrove), or Avicennia germinans (black mangrove). (4) "Mangroves on lands that have been set aside as mitigation" means mangrove areas on public or private land which have been created, enhanced, restored, or preserved as mitigation under a dredge and fill permit issued under ss. 403.91- 403.929, Florida Statutes (1984 Supplement, as amended), or a dredge and fill permit, management and storage of surface waters permit, or environmental resource permit issued under part IV of chapter 373, applicable dredge and fill licenses or permits issued by a local government, a resolution of an enforcement action, or a conservation easement that does not provide for trimming. (5) "Professional mangrove trimmer" means a person who meets the qualifications set forth in s. 403.9329. (6) "Public lands set aside for conservation or preservation" means: (a) Conservation and recreation lands under chapter 259; (b) State and national parks; (c) State and national reserves and preserves, except as provided in s. 403.9326(3); (d) State and national wilderness areas; (e) National wildlife refuges (only those lands under Federal Government ownership); (f) Lands acquired through the Water Management Lands Trust Fund, Save Our Rivers Program; (g) Lands acquired under the Save Our Coast program; 2 C: \Users \plmorganWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \IINL1Y72 \3 05 02 E 3 05 05 Exemps from Reqs for Veg Mangrove Permit 0822112.docx Text underlined is new text to be added. Text strikethFough is GUFFOAt text to be deleted. Bold text indicates a defined term (h) Lands acquired under the environmentally endangered lands bond program; (i) Public lands designated as conservation or preservation under a local government comprehensive plan; (j) Lands purchased by a water management district, the Fish and Wildlife Conservation Commission, or any other state agency for conservation or preservation purposes; (k) Public lands encumbered by a conservation easement that does not provide for the trimming of mangroves; and (1) Public lands designated as critical wildlife areas by the Fish and Wildlife Conservation Commission. (7) "Riparian mangrove fringe" means mangroves growing along the shoreline on private property, property owned by a governmental entity, or sovereign submerged land, the 'depth of which does not exceed 50 feet as measured waterward from the trunk of the most landward mangrove tree in a direction perpendicular to the shoreline to the trunk of the most waterward mangrove tree. Riparian mangrove fringe does not include mangroves on uninhabited islands, or public lands that have been set aside for conservation or preservation, or mangroves on lands that have been set aside as mitigation, if the permit, enforcement instrument, or conservation easement establishing the mitigation area did not include provisions for the trimming of mangroves. (8) "Trim" means to cut mangrove branches, twigs, limbs, and foliage, but does not mean to remove, defoliate, or destroy the mangroves. This proposed LDC amendment was drafted with assistance from staff from the County Attorney Office. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the County as trimming of mangroves is currently regulated by the State of Florida. The County cannot regulate trimming or alteration of mangroves unless permitting has been delegated to the County by the State, or the property is encumbered by a conservation easement or restrictive covenant in favor of Collier County. RELATED CODES OR REGULATIONS: None affected. GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment will have no impact on the GMP. OTHER NOTESNERSION DATE: November 23, 2011. Amended December 16, 2011, March 12, 2012, June 26, 201, July 27, 2012, August 3, 2012, August 10, 2012, August 22, 2012 Amend the LDC as follows: 1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3 E. 4 3 C:\ Users \plmorganWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \IINL1Y72 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 haFdsh*p. Relief shall be granted GRlY UPOR demonstration by the landGWReF oF affeGted 10 11 that the gFaRt of a YaFiaRGe will be GOnsistent with the intent of this divisdOR and the 12 . Mangrove Trimming and Alteration that is exclusively 13 governed by the State pursuant to the Mangrove Trimming and Preservation Act 14 Sections 403.9321 through 403 93334 F S excluding property which is encumbered by 15 a conservation easement or restrictive covenant in favor of Collier County. 16 F. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter 17 remove or destroy mangrove trees, a vegetation removal permit for clearing 1 acre or 18 less of land is not required for the removal of protected vegetation, other than a 19 specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other 20 nonagricultural, non - sending lands, non -NRPA, noncommercial zoning districts in which 21 single - family lots have been subdivided for single - family use only, where the following 22 conditions have been met: 23 1. A building permit has been issued for the permitted principal structure (the 24 building permit serves as the clearing permit); or 25 2. The permitted principal structure has been constructed, and the property owner 26 or authorized agent is conducting the removal, and the total area that will be 27 cleared on site does not exceed on acre. 28 3. All needed environmental permits or management plans have been obtained 29 from the appropriate local, state and federal agencies. These permits may 30 include but are not limited to permits for wetland impacts or for listed species 31 protection. 32 4. Where greater vegetation protection is required in the Rural Fringe Mixed Use 33 District, a higher native vegetation protection requirement may not allow for the 34 full one acre of clearing. 35 # # # # # # # # # # # # 36 3.05.05 Criteria for Removal of Protected Vegetation 37 38 The County ManageF OF designee may appFGve an appliGation for vegetation removal 39 40 of the pl:epesed development to pFe6eFve existiR9 vegetation and to ethepmise eRhaRGe the 41 aesthetiG appeaFaRGe of the development by the inGGFPGFatiGR of exiStOR9 vegetation on the- 42 43 44 Native vegetation shall be retained within proposed developments where existing vegetation 45 would be expected to survive in open space areas or buffers, where site improvements or 46 changes in elevation are not proposed or required. A vegetation removal permit may be issued 47 under the following conditions: 48 49 G. 50 51 52 . For Mangrove Trimming or Alteration: 4 C:\ Users \plmorgan\Apppata \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \IINL1Y72 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx Text underlined is new text to be added. Akethmugh is GuFFent text to be deleted. Bold text indicates a defined term 1 1. Where a DEP permit has been issued or the property is exempt from DEP 2 permitting, in accordance with the Mangrove Trimming and Preservation Act 3 Sections 403.9321 through 403.9333 FS and 4 2. The property is encumbered by a conservation easement or restrictive covenant 5 in favor of Collier County, then Trimming or Alteration of mangroves shall only be 6 allowed If: 7 a. It is in accordance with an approved preserve management plan 8 pursuant to Subsection 3.05.07.H or 9 b. The mangroves are impacted by a use allowed in preserves pursuant to 10 Subsection 3.05.07.H or by PUD Ordinance or 11 C. The BCC approves the Mangrove Trimming or Alteration 12 # # # # # # # # # # # # # C:\ Users \plmorgan\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \IINL1Y72 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 0822112.docx COLLIER COUNTY GROWTH MANAGEMENT PLAN u I one I owl WTY1111 LAND SSE OAP orw aerb rve1. 2011 EAR -Based Adoption Amendments EAC Meeting [September 05, 20121 Clerk's Office Copy Ann P. Jennejohn From: LenbergerSteve <SteveLenberger @colliergov.net> Sent: Tuesday, September 04, 2012 12:21 PM To: Bob Kransowski; Brad C; David Durrell; DHN; Don; Doug Fee; Eric Staats (estaats @naplesnews.com); Laura Layman; Marcia Cravens; Minutes and Records; Nancy Payton; Nicole Ryan; Patricia L. Morgan; RKS (rks @jbglaw.net); SCHAPIN43 @aol.com Cc: BrownAraque, Summer Subject: September 5, 2012 EAC meeting Attachments: 5 -Sept - Draft EAC stormwater management memo 090212.pdf, 5 -Sept - population information for draft memo.pdf Attached is additional information which was requested to be distributed for the meeting tomorrow. Thank you! Stephen Stephen Lenberger Senior Environmental Specialist Surface Water and Environmental Planning Section Natural Resources Department Growth Management Division — Planning and Regulation 239 - 252 -2915 SteveLenberger @colliergov.net �t„ ?. >: From: BosiMichael Sent: Tuesday, September 04, 2012 9:21 AM To: LenbergerSteve Subject: RE: Information for draft EAC memo Steve, Below is the information regarding population. Thanks, mike The WMP unequivocally links land use with pollution in the "down stream" estuaries that are vital to this community. Collier's growth rate between 1990 and 2000 was 65 percent (152,099 in 1990 to 251,377 in 2000). By comparison Florida's rate was 17.6 percent. Collier's total population, urban and rural, for 2010 is estimated at 321,520, and population growth is projected to be 376,000 in the year 2020, or a 16. 9 percent increase. The planning community within Collier that has the highest project growth rate at 370 percent is Corkscrew. Projected growth rates for the remaining planning communities are: North Naples (8.2 %), South Naples (26.9%), Central Naples (4.3 %), East Naples (1.3 %), Golden Gate (5.2%), Urban Estates (14%), Rural Estates (3.8%), Marco (1.6 %), Royal Fakapalm, (66.2%), Corkscrew (370%), Immokalee(8.9 %), and Big Cypress (15% ). From: LenbergerSteve Sent: Tuesday, September 04, 2012 7:41 AM To: BosiMichael Cc: LorenzWilliam; KurtzGerald; WeeksDavid; MoscaMichele; BellowsRay Subject: Information for draft EAC memo Hi Michael! We have been requested by the vice - chairman of the EAC to assist with population growth rates and information identified in the attached draft memo to the BCC. Can your staff insert the requested information into the memo? Thank you! Stephen From: DickmanAndrew Sent: Monday, September 03, 2012 3:47 PM To: LenbergerSteve Subject: RE: September 29, 2012 EAC Subcommittee meeting Hi Steve, here's the draft of the subcommittee's memo on stormwater management that we want to discuss at the EAC. I'll need some staff assistance with the growth rates on the first page. Please get this out to the members and put it on the agenda. thanks. AD MEMORANDUM DATE: TO: Collier County Board of County Commissioners (BCC) FROM: Collier County Environmental Advisory Council (EAC) RE: Stormwater Management (DRAFT) Pursuant to Section 2- 1193(a) of the Collier County Code of Ordinances, the EAC is authorized to "Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County." The EAC seeks to raise awareness to environmental issues that should be assessed more thoroughly and evaluated in comparison with abutting counties listed below that may impact Collier County. The EAC hopes this memorandum will stimulate additional public debate and inspire new policy. Introduction. When we water our yards, landscaping, and agriculture Dudy's material], or during rainfall, water that isn't absorbed into the ground must flow somewhere depending on the nature of the topography and existing man -made infrastructure. How we manage this "stormwater" has public health and environmental consequences. Prior to intensified urbanization, surface waters flowed through wetlands in Collier County and into our primary estuaries.' Intense development over the past 70 years, including the extensive canal construction has substantially altered natural drainage patterns. Now all but the Ten Thousand Islands estuary are impaired with at least one type of pollutant directly linked to urbanization. ' Collier's major watersheds flow into five large estuaries: Ten Thousand Islands, Rookery Bay, Naples Bay, and Wiggins Pass. There are other smaller and important estuaries along our coastline that require protection. Collier County Watershed Management Plan The Watershed Management Plan (WMP)2 was developed to protect water resource quality and quantity within each drainage area or watershed. The WMP identifies serious environmental and public health issues including: 1) excessive fresh water discharges from canals (including ground water discharges) especially to Naples Bay; 2) reduced protection provided by current surface water systems; 3) pollutant loading associated with development may degrade water quality due to pollutant loading associated with development and agriculture; and 4) aquifer impacts due to canal discharge, reduced ground water recharge, and potable and agricultural withdrawal demands. Growth Management. The WMP unequivocally links land use with pollution in the "down stream" estuaries that are vital to this community. Collier's growth rate between 1990 and 2000 was . By comparison Florida's rate was 17.6 percent. Collier's total population, urban and rural, is approximately 330,000, and population growth is projected to be 376,000 in the year 2020, or percent. The planning community within Collier that has the highest project growth rate at percent is . Projected growth rates for the remaining planning communities are: North Naples South Naples O, Central Naples O, East Naples (), Golden Gate (), Urban Estates (_�, Rural Estates (), Marco, Royal Fakapalm, Corkscrew (), Immokalee(), and Big Cypress ( ). Growth management planning is essential to accommodate new development because future land use is the key to, among other things, restoring and protecting our estuaries. Intra County and Regional Coordination. Collier County is diverse. With urbanized, rural fringe, rural, agricultural, and conservation areas. We have both incorporated cities and unincorporated areas. Growth management and stormwater management coordination is imperative. Uncoordinated decisions in one area likely will impact other areas. Preparation for population growth countywide within planning areas is vital. Understanding how other counties in our region accommodate development and manage stormwater is a necessity. The following provides a snapshot of regional stormwater strategies and offers recommendations for Collier County. z Prepared by Collier County Stormwater and Environmental Planning Section and Atkins North America, finalized November 2011 and accepted by the BCC on December 13, 2011. The WMP is online at www.colliergov.net/Index.asl2x?pai.ze=2302. 2 The WMP was developed to satisfy a Growth Management Plan commitment to assess and protect water resources. The project was funded in 2007. Atkins (formerly PBSJ) was hired in 2009 to update the Big Cypress Basin hydrologic / hydraulic model, and develop the WMP. They reviewed existing reports, evaluated existing water resource conditions and developed alternatives to restore or mitigate identified problems. The WMP in and of itself is not intended to be regulatory. The WMP recommended initiatives may lead to regulations and /or regulatory policies. The recommendations serve as a guide in developing policies, Collier County programs, ordinances or regulations to restore and protect Collier water resources. For instance, nutrient pollution as a major contributor to our water quality. Phosphorous pollution from citrus, high density residential housing and field crops, and Nitrogen from citrus, field crops and residential -low density housing are identified concerns. Collier County recently enacted a Fertilizer Ordinance designed to reduce contributions in the urban area, but not agriculture. A comparison of Lee's GMP and LDC with those of Collier County regarding stormwater strategies suggests that both counties seem to be actually. How each funds stormwater management is different. Lee County is divided into "drainage districts" and charges a stormwater tax according to impact within these districts. Lee County It should be noted that Sarasota County also charges a stormwater taxes countywide. It appears eight to 10 Florida counties have taxes in place dedicated to improving and managing stormwater. South Florida Water Management District (SFWMD) was instrumental in determining the drainage districts and appropriate taxes for Lee County. Map series, quality and timeliness in Charlotte County is outstanding. The maps clearly show re- charge areas. In an effort to preserve floodplain areas, wetlands and aquifer re- charge areas, Charlotte limits development in those impacted areas. Charlotte County Charlotte County development in western part of the county concentrates on urban revitalization and infill encouraging development where stormwater management is already in place. Miami -Dade County Compromises in Miami -Dade stormwater system and aging infrastructure problems related to the stormwater system have been identified by the South Florida Regional Planning Council (SFRPC). The Everglades Plan to restore water flow will have a minor impact on the Big Cypress area in Collier County. Southeast Florida is focusing on very expensive and retroactive `fixes' for their stormwater and related infrastructure problems. As Collier County urbanizes, policies must prevent stormwater issues rather than "fixing" them after the fact. Monroe County requires that new single family and duplex homes located in subdivisions that do not have an existing stormwater management system must provide an on site stormwater management plan. Alterations of existing facilities which result in an increase in impervious area also fall under this requirement. Monroe County has an abundance of existing subdivisions which have not been built out. Most of these subdivisions were designed prior to requirements for including stormwater treatment systems. Monroe County As these subdivisions are built out there would be tendencies for the quantity of stormwater coming off them to increase while the quality deteriorates. The requirement for all new development to provide for stormwater treatment tends to reduce this problem. A similar requirement in Collier County would tend to reduce the trend in some of the existing large subdivisions that have many vacant lots to have increasing problems with flooding and deteriorating water quality at no significant cost to the County. The Sarasota Stormwater Management Plan illustrates the County's uses of multiple infrastructure for stormwater management: soft drainage approach, natural drainage ways, man made lakes, canals, road swales, and larger drainage pipes. Sarasota uses flooding protocols throughout the county. The County uses side berms to allow greater flows during flood event. Sarasota County Sarasota employs multiple flood control methods: larger lakes for better storage, over bank spillways, weir outflow structures, man made canals, larger road swales configured as a pan bottom, and canal flow structures. Sarasota has identified the following strategies for future improvements: reducing flow restrictions construction of new canals, and replace bridges that restrict flow. Recommendations. 1. Prepare a Collier County Low Impact Development Manual and then adopt Land Development Codes to implement innovative, cost neutral, onsite stormwater management. 2. Require onsite stormwater management, such as retention areas, for new construction in older large -lot subdivisions without treatment systems, rather than spending public funds on expensive swales and canals. 3. Adopt and implement growth management strategies, including incentives to direct new development into existing urban areas where stormwater management infrastructure is already in place. 4. Divide County into "drainage districts" and charges a stormwater tax according to impact within these districts. 5. Protect natural groundwater recharge areas by preserving natural sheet flow, particularly in areas of project high growth rates. 6. Work with SWFWMD to identify and implement strategies for reducing nutrient pollution from agricultural operations (citrus and row crops) keeping harmful nutrients out of existing stormwater management systems. 5 STAFF REPORT ENVIRONMENTAL ADVISORY COUNCIL TO: COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL FROM: COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: SEPTEMBER 5, 2012 SUBJECT: COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS BASED ON THE 2011 EVALUATION AND 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. [ADOPTION HEARING] INTRODUCTION The contents of this binder prepared for the Environmental Advisory Council (EAC) comprise updates to proposed 2011 Evaluation and Appraisal Report (EAR) based Growth Management Plan (GMP) amendments. The EAC's consideration focuses on further modifications to proposed EAR -based amendments in response to the State's Objections, Recommendations and Comments Report. This staff report is intended to provide guidance to the EAC in making a recommendation on the proposed amendments to carry forward through subsequent Adoption 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 beginning with the Evaluation and Appraisal Report (EAR) typically followed by consequent amendments to the local comprehensive plan. The EAR evaluates the performance of the various Elements of the local comprehensive plan since the previous EAR -based amendment process. It appraises the successes and shortcomings of the various Goals, Objectives, and Policies included within the GMP 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. Previously, the BCC adopted the Evaluation and Appraisal Report (EAR) on January 31, 2011._ The adopted EAR was submitted to the then Florida Department of Community Affairs (DCA) by February 12, 2011 with the EAR being found sufficient on April 12, 2011. The recommendations provided in. the EAR have become the basis of proposed amendments to the Collier County Growth Management Plan, the second — and present — phase of the process. — 1 — S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l The CCPC considered staff - proposed EAR -based amendments at a Workshop on October 14, 2011. The EAC considered the Transmittal of proposed EAR -based amendments on December 7, 2011. The CCPC considered the Transmittal of proposed EAR -based amendments on January 26, February 16, March 1 and March 6, 2012. The BCC considered the Transmittal of proposed EAR -based amendments on April 24, 2012. Transmittal materials were submitted to the Florida Department of Economic Opportunity (DEO) by May 8, 2012 and the DEO issued their Objections, Recommendations and Comments (ORC) Report on July 6, 2012. After these EAR -based amendments are reviewed by the EAC and the CCPC, and subsequently adopted by the BCC, they will be submitted to the DEO for their review and determination of compliance with Chapter 163, F.S. Once determined to be in compliance and the challenge (appeal) period ends with no challenge being filed, these amendments become in effect and will be part of the Goals, Objectives and Policies of the Growth Management Plan until the next EAR is prepared. STAFF ANALYSIS After review of Transmitted GMP amendments, the DEO renders an Objections, Recommendations and Comments (ORC) Report. Only Objections can form the basis of a non - compliance determination, unless the adopted amendments vary significantly from those transmitted. It is noted here that Adopted amendments are not anticipated to vary significantly from those transmitted. If an Objection is not adequately addressed when adopted, then the DEO may (presumably will) find the amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to an ORC Report in one of four ways at Adoption: 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate when we believe the DEO simply does not understand /has misunderstood the amendment] and /or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and /or provide additional data and analysis; or, 4. not adopt the amendment. In their July 6, 2012 ORC Report for the 2011 Evaluation and Appraisal Report (EAR) based GMP amendments, DEO raises no Obiections, and offers only four Comments. Generally, these Comments are technical in nature. While none of the Comments — nor the modifications recommended in response to them — affect the preservation, conservation or other treatment of natural resources implemented through provisions of the Collier County GMP, the Comments do affect the same Elements reviewed previously by the EAC. The full ORC Report, which includes comments from other state and regional review agencies, is included in the EAC binder. Staff proposes revisions to the EAR -based amendments as Transmitted, so as to address DEO and outside review agency issues identified in the Conservation and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub - Element (NGWAR), and the Drainage Sub- Element. None of the proposed Adoption amendments vary significantly from those Transmitted. Within this report are the Goals and Objectives of the respective Element recommended for change. Where a Goal or Objective is recommended for change, it is accompanied by a [bracketed notation] indicating the nature of such change. Modifications to the BCC's approved- for- Transmittal versions of Objectives or Policies, proposed by staff in response to the ORC Report or other review agency comments appear as edits [in underline /strike- through format]. —2— S t a f f Report t o t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l Organization of EAR -based Amendments for Adoption The proposed EAR -based amendments are organized into a single -bound report containing four parts: ❖ This Staff Report to the Environmental Advisory Council; The Florida Department of Economic Opportunity Objection, Recommendations and Comments (ORC) Report dated July 6, 2012 on proposed amendments to the Collier County Growth Management Plan based on the 2011 EAR; ❖ Attachment to the Staff Report listing the Objectives and Policies as approved for Transmittal by the Board of County Commissioners and the Objectives and Policies as recommended by the Environmental Advisory Council at Transmittal — where they differ; and, ❖ Each of the GMP Elements and Sub - Elements as approved for Transmittal by the Board of County Commissioners on April 24, 2012, shown in strike-through/underline format. The DEO ORC Report addresses all EAR -based GMP amendments Transmitted by the County. Based upon the limited scope of review for the EAC however, all GMP Elements and Sub - Elements are not provided within the EAC version of EAR -based amendment Adoption binders. To correspond with the environmental focus of the EAC, the Elements provided are the Conservation and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub- Element (NGWAR), and the Drainage Sub - Element. [Note: The Capital Improvement Element (CIE) of the Growth Management Plan appears because the DEO or other review agency comments affected the CIE.] Below are the Objectives and Policies commented upon by the DEO and other review agencies, with the subsequent County responses: Public Facilities Element/Drainage Sub - Element (the Stormwater Management Sub - Element upon adoption) Policy as transmitted by the BCC: Policy 2.1: of sewmre will be Fned;fed -, if .anFraRt 4-. - .......... - - - - - w _ Agency Comments with staff response and text changes: This Policy was moved to the Capital Improvement Element (CIE) in Transmittal. But not all levels of service standards entries appear in CIE Policy 1.5.C, which creates a circular reference between the CIE and the Stormwater Management Sub - Element. [SFWMD comment provided outside ORC Report] —3— S t a f f R e p o r t to t h e E n v i r o n m e n t a l Advisory C o u n c i l Staff Response: Acknowledged; staff evaluated Policy 2.13 and confirmed accuracy of Ordinance cites in Policy 2.1.A. Ordinances listed in subsection "A" properly include Ordinance 2001 -27 and LDC Ordinance 2004 -41, as amended; but, a complete list of cites did not migrate to Transmittal Exhibit "A" for the CIE. The CIE [Exhibit "An] has been revised as necessary to resolve both issues. No associated changes are necessary to the Drainage (Stormwater Management) Sub - Element. Policy as transmitted by the BCC: Policy 6.2: 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 Bass of ReyoeYV Environmental Resource Permit Information Manual, Volume IV, 2009, as it existed at the time of project approval. Agency Comments with staff response and text changes: As with the COME, this information manual is not [or will soon no longer be] the right resource document. See cross reference in Staff Report Attachment remarks addressing Drainage Sub - Element Policies 6.2 and 6.3. District will provide new document name when change occurs. [SFWMD comment provided outside ORC Report] Staff Response: Acknowledged, and recommended text change is proposed. South Florida Water Management District will work with County staff to provide correct document name and amend Policy 6.3.3. The same document is referenced in CCME; the recommended text change is proposed to the corresponding Policies in both Elements. Policy as transmitted by the BCC: 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. ORC Report Comments with staff response and text changes: The Department recommends that Drainage Sub - Element Policy 6.3.1 be updated to reference Section 403.814(12), F.S. The currently referenced Rule 40E- 400.315, F.A.C., does not exempt projects from off -site discharge limitations, and this rule will be superseded on July 1, 2012 with the aforementioned Statute. [DEO ORC, Comment No. 2] ME-01 Staff Report to the Environmental Advisory Council Staff Response: Acknowledged, and recommended text change is proposed. 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 4GE- . 403.814(12), F.S. Capital Improvement Element (CIE) Policy as transmitted by the BCC: Policy 1.5.C: C. County Stormwater Management Systems: 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 dFaiRage 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 nraiRageAN +or Stormwater Management Sub - Element of the Public Facilities Element. Agency Comments with staff response and text changes: Policy 1.5.0 is supposed to cross reference LOS for Stormwater Management Sub - Element but no LOS there, which introduced a circular reference between the Stormwater Management Sub - Element and the CIE. [SFWMD comment provided outside ORC Report] Staff Response: Acknowledged; Ordinances listed in subsection "1" should include third and fourth references, adding Ordinance 2001 -27 and LDC Ordinance 2004 -41, as amended; the complete list of reference cites did not migrate from Transmittal Exhibit "A" for the Stormwater Management Sub - Element, and recommended text change is proposed. No associated changes necessary to Stormwater Management Sub - Element. Policy 1.5: C. County SuFfase Watef Stormwater Management Systems: —5— Staff Report to the E n v i r o n m e n t a l A d v i s o r y C o u n c i l 1. Future " private" developments - water quantity and quality standards as specified in Collier County Ordinances 74 -50, aPA 90 -10 and 2001 -27 and Land Development Code Ordinance w, 2004 -41, as amended. 2. Existing private developments and existing or future public drayage 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 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 Ridge Canal Basin C _Pine 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 LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE FAKA -UNION SYSTEM Faka -Union Canal Basin D Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin C S t a f f R e p o r t to t h e E n v i r o n m e n t a l Advisory C o u n c i I 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 Conservation and Coastal Management Element (CCME) Objective as transmitted by the BCC: OBJECTIVE 2.1.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; [No EAR -based amendments recommended.] Agency Comments provided with ORC Report, with staff response and text changes: New development and re- development is required to meet 150% of the water quality volumetric requirements of Section 5.2.1.a of the Basis of Review document. This reference is not [or will soon no longer be] the right resource document See cross reference in Drainage Sub - Element Policies 6.2 and 6.3. District will provide new document name when change occurs. [SFWMD, Comment No. 4] Staff Response: Acknowledged, and recommended text change is proposed. South Florida Water Management District will work with County staff to provide correct document name and amend Policy prior to adoption. Notes: A similar recommended text change is mirrored in Drainage Sub - Element Policy 6.2. Additionally, Objective 2.1.c has been revised to reflect the effective date of FEMA maps (May 16, 2012), OBJECTIVE 2.1.a: All new development and re- development projects shall meet 150% of the water quality volumetric requirements of (the to be specified) Section 5.2.1(a) of the (still to be identified document superseding) Basis of Review for ERViFeRmeRtal ReseurGe Permit AppliGatieRS withiR the South and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Stormwater Management Sub - Element Policy 6.2 and 6.3, respectively; —7— S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l Policy as transmitted by the BCC: Policy 2.2.5: 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 December 31, 2008 and Ra less thaR every three- years- stormwater management systems shall be periodically inspected and, if feasible, certified by an 'lcensed F'�- ida appropriate professional eng+eeef for compliance with their approved design, and any deficiencies sha41 be corrected. Agency Comments provided with ORC Report, with staff response and text changes: Remove the reference for District coordination to develop and implement a plan to encourage inspections of stormwater systems from this Policy. The District does not require these inspections. However, the District is available to provide technical assistance and to coordinate education efforts with the County regarding the importance of periodic inspections and maintenance. [SFWMD, Comment No. 2] Staff Response: Acknowledged. The below Policy has been revised to reflect that the District will not be actively involved with developing said plan, performing system inspections or enforcing compliance. Policy 2.2.5: The Countv will seek technical assistance from the South Florida Water Management District, and coordinate with the Florida Department of Environmental Protection to develop and implement a plan to encourage By DeGember 31, 2008, and no less than every thFee yeaFs, stormwater management systems sha4 be periodically inspected and, if feasible, GeFtified by an liGensed FleFida appropriate professional engineer for compliance with their approved design, and any deficiencies shad be corrected. Public Facilities Element/Natural Groundwater Aquifer Recharge Sub - Element (NGWAR) Policy as transmitted by the BCC: Policy 2.4: Collier County shall evaluate the necessity for adopting more stringent groundwater recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. [No EAR -based amendment recommended other than word - smithing.] Agency Comments provided with ORC Report, with staff response and text changes: Florida Statute subsection 373.0395, regarding groundwater basin resource availability inventory, particularly subsection (3), regarding prime groundwater recharge areas — along with requirements to submit such inventory to localities for considering in future Plan revisions — has been deleted. Further, the District posts the groundwater basin resource availability inventory on the internet, which renders publication of such a report obsolete. [SFWMD, Comment No. 2] Staff Response: Acknowledged. Based upon the recommendation within the County- adopted Watershed Management Plan, the following text change is proposed. Policy 2.4: Collier Ceunty shall evaluate the neGessity for adOptillg more StFingeRt gFOURd water reGbarge adeptien Of SUGh areas-. S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l Collier County will evaluate the development of Low Impact Design Standards as recommended by the Watershed Management Plan accepted by the Board of County Commissioners on December 13, 2011. Map changes as recommended by EAC and approved for Transmittal by BCC: 1. Map 1, Groundwater Recharge to the Surficial Aquifer • This map is to be updated. 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer • This map is to be updated. Agency Comments with staff response and text changes: The SFWMD resource for this mapping is no longer published (as discussed above). [SFWMD, comment provided outside ORC Report] Staff Response: Acknowledged. These maps are now found within County- adopted watershed management plan(s), basin study and /or mapped as wellfield protection zones and do not necessitate individual listing in this Element, and recommended change is proposed. MAP CHANGES: 1. Map 1, Groundwater Recharge to the Surficial Aquifer • This map is to be updated deleted. 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer • This map is to be updated deleted. STAFF RECOMMENDATION That the EAC forward EAR -based GMP amendments with the modifications presented above to the Collier County Planning Commission with a recommendation to approve for Adoption and transmit to the Florida Department of Economic Opportunity. S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l PREPA ED BY: CORBY SCHM DT, AICP, PRINCIPAL PLANNER D GROWTH MA AGEMENT DIVISION /PLANNINGAND REGULATION PLANNING AN ZONING DEPARTMENT, COMPREHENSIVE PLANNING S2 TION REA.ItEWED BY� DAVID WEEKS, AICP, GMP MANAGER DATE GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION MIKE BOSI, AICP, INTERIM DIRECTOR DATE GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION PLANNING AND ZONING DEPARTMENT APPROVED BY,: r r NICK CASALANGUIDA DATE ADMINISTRATOR GROWTH MANAGEMENT DIVISION 2011 Evaluation and Appraisal Report (EAR) -based Growth Management Plan amendments —Adoption Staff Report for September 5, 2012 Environmental Advisory Council meeting. NOTE: Adoption hearings have been scheduled for October 30, 2012 (CCPC, with an October 31 carryover hearing, if needed) and December 11, 2012 (BCC). —10— S t a f f R e p o r t o t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l July 6, 2012 The Honorable Fred W. Coyle, Chairman Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112 -5746 Dear Commissioner Coyle: Hunting F. Deutsch XECUTIVE DIRECTOR The State Land Planning Agency has completed its review of the proposed comprehensive plan amendment for Collier County (Amendment No. 12 -1ER), related to the County's EAR -based amendments, which was received and determined complete on May 9, 2012. Copies of the proposed amendment have been distributed to the appropriate reviewing agencies for their review, and their comments are enclosed. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.) for consistency with Chapter 163, Part II, F.S. The Agency does not identify any objections. However, the attached Objections, Recommendations, and Comments (ORC) Report outlines a number of technical assistance comments consistent with Section 163.3168(3), F.S. The Agency's technical assistance comments will not form the basis of a challenge. They are offered as suggestions which can strengthen the County's comprehensive plan in order to foster a vibrant, healthy convnunity or are technical in nature and designed to ensure compliance with the provisions of Chapter 163, F.S. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(4)(e)l, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. Florida Department of Economic Opportunity The Caldwell Building ' 107 E. Madison Street Tallahassee, FL i 32399 -4120 866.FLA.2345 i 850.245.7105 850.921.3223 Fax i www.Flc)ridaJobs.org www.twitter.com /FLDEO i www.facebook.com /FLDEO An equal opportunity employer /program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY /TDD equipment via the Florida Relay Service at 711. The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 2 of 6 My staff and I are available to assist the City in addressing the issues identified in our report. If you have any questions, please call Jeannette Hallock- Solomon at (850) 717 -8490, or by email at Jean tiette.hal lock- sol.omon(cudeo. myf] orida.com. Sincerely, F ' Mike McDaniel, Chief Bureau of Community Planning MM /jhs Enclosures: ORC Report and Review Agency Comments cc: Mr. David Weeks, AICP, Growth Management Plan Manager, Collier County Ms. Margaret Wuerstle, AICP, Executive Director, Southwest Florida Regional Planning Council The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 3 of 6 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT COLLIER COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT 12 -IER I. Consistency with Chapter 163, Florida Statutes (F.S.) The Collier County's proposed comprehensive plan amendments address issues raised in the City's Evaluation and Appraisal Report, address statutory changes, and update the goals, objectives and policies of the comprehensive plan. A. The Department offers the following comments regarding the proposed Evaluation and Appraisal Report -based amendments: Comment 1: The Department recommends that the County revise the Future Land Use Map to reflect the correct long -term planning timeframe, of at least 2022, and include the revised map with the adopted amendment. Also, the Department recommends that the County update its Transportation Map Series to include the projects in the Collier and Lee Counties MPO's 2035 Long Range Transportation Plan, and FloridEL Department of Transportation (FDOT) Work Program. The incorporation of these projects into the comprehensive plan helps the Department in its review for consistency of the comprehensive plan with proposed transportation projects being considered for federal and state monies. The projects are reviewed at the state level for the following acts: (1) the National Environmental Protection Act (NEPA), (2) the Florida Coastal Management Program Federal, and (3) the MPO's Transportation Improvement Program (TIP). Comment 2: House Bill (HB 7207) repealed Rule 9J -5, F.A.C., and incorporated certain definitions and provisions of the Rule into the Florida Statutes. It is recommended that the references to Rule 9J -5, F.A.C., be removed :from FLUE Policy 2.4 and Transportation Element Policy 5.8. Also, any other references to Rule 9J -5, F.A.C., should be deleted from the County's comprehensive plan. Additionally, the Department recommends that Drainage Sub - Element Policy 6.3.1 be updated to reference Section 403.814(12), F.S. The currently referenced Rule 40E- 400.315, F.A.C., does not exempt projects from off -site discharge limitations, and this rule will be superseded on July 1, 2012 with the aforementioned Statute. Comment 3: If the County chooses to continue to implement transportation concurrency, then by or during the next Evaluation and Appraisal cycle, the plan must be amended to meet the requirements of Section 163.3180(5)(h), F.S. This includes an amendment to allow an applicant for a Development of Regional Impact, rezoning, or other land use development permit to satisfy transportation concurrency and Section 380.06, F.S., when applicable, through proportionate share mitigation consistent with the provisions of Section 163.3180(5)(h)3, F.S. During the interim, the County must apply the new statutory provisions to any plan amendments or development orders, particularly the new proportionate share provisions. The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 4 of 6 Comment 4: The Department reminds the County, pursuant to Sections 163.3177(6)(a)3.b., and 163.3177(6)(a)l 1.,F.S., the comprehensive plan is required to adopt by June 30, 2012 compatibility standards regarding all public airports as defined by Sections 330.27 and 330.02, F.A.C. While the County includes a compatibility FLUE Objective 3 and Policy 3. Li for the Naples Airport, it should add compatibility standards for the following public airports: the Everglades Airpark, the Immokalee Airport, and the Marco Island Airport. The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 5 of 6 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3 184(4), Florida Statutes N/lay 2011 NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local goven-iment; Name, title, address, telephone, FAX number and e -mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format; The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 6 of 6 In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determing that this amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that. this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency to the ORC report from the State Land Planning Agency. STATE COORDINATED REVIEW EXTERNAL AGENCY COMMENUCITIZEN CON MENTS A. Receipt of Comments From External Review Agencies B. Citizen Comments Southwest Florida Regional Planning Council "Wr WFRP;C _[ a 1. eft. : g_�_ 'S-: a1V71< !a_e1_'sEI _ I'll,s 1W- 1926 Victoria Ave, Fort Myers, Florida 33901 -3414 (239) 338 -2550 FAX (239) 338 -2560 Www.swlrpc.org t �ii�rove . June 6, 2012 Mr. D. Ray Eubanks Received Administrator Plan Review and Processing Department of Economic Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -21.00 Re: Collier County / DEO 12 -IER Dear Mr. Eubanks: JUN 21 2012 Department of Economic opportunity Division of Community Development Bureau of Co�^m� "' n''ining The staff of the Southwest Florida Regional Planning Council has reviewed the amendments to the Collier County Growth Management Plan (GMP). The review was performed according to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. The Council will review the proposed 'EAR -based amendments to the Collier County GNP at its July 19, 2012 meeting. Council staff has recommended that Council find all of the DEO 12 -IER changes as procedural or updating the GMP based on the County's previously reviewed Evaluation and Appraisal Report. Council staff has also recommended that the proposed changes are regionally significant, but not producing adverse effects to significant regional resources or facilities found in the Strategic Regional Policy Plan. Finally, Council staff is recommending that the proposed changes are not producing extra jurisdictional impacts that are inconsistent with the comprehensive plans of other local governments, and consistent with the Strategic Regional Policy Plan. A copy of the official staff report explaining the Council staff's recommendation is attached. If Council action differs from the staff recommendation, we will notify you. Sincerely, outhwest Florida Regional Planning Council Marg eiDirector uer le, A P Exec MW/DEC Attachment Cc: Mike Bosi, AICP, Comprehensive Planning Manager, Growth Management Division, Collier County LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed proposed changes to the Collier County Growth Management Plan (DEO 12 -IER). These changes were developed as a result to the County's Evaluation and Appraisal Report (EAR3). A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I. Comments are provided in Attachment II. Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location - -in or near a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude - -equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI- related amendment is considered regionally significant); and 3. Character - -of a unique type or use, a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction; updates, editorial revisions, etc. are not regionally significant. A summary of the results of the review follows: Proposed Factors of Regional Significance Amendment Location Magnitude Character Consistent DEO 12 -IER yes yes yes (1) regionally significant; and (2) consistent with SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Community Affairs and Collier County. 06 /11 Attachment I COMMUNITY PLANNING ACT Local Government Comprehensive Plans The Act requires each municipal and county government to prepare a comprehensive plan that must include at least the following nine elements: 1. Future Land Use Element; 2. Traffic Circulation Element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to :replace the traffic circulation; mass transit; and ports, aviation, and related facilities elements. [91- 5.019(1), FAC] 3. General Sanitary Sewer, Solid Waste, Drainage,' and Potable Water and Natural Groundwater Aquifer Recharge Element; 4. Conservation Element; 5. Recreation and Open Space Element; 6. Housing Element; 7. Coastal Management Element for coastal jurisdictions; 8. Intergovernmental Coordination Element; and 9. Capital Improvements Element. The local government may add optional elements (e. g., community design, redevelopment, safety, historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted revised plans: Charlotte County, Punta Gorda Collier County, Everglades City, Marco Island, Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County, Bonita Springs, Cape Coral, Fort Myers, Fort Myers Beach, Sanibel Sarasota County, Longboat Key, NOrtl Port, Sarasota, Venice Page 1 Attachment I Comprehensive Plan Amendments A local government may amend its plan at any time during the calendar year. Six copies of the amendment are sent to the Department of Economic Opportunity (DEO) for review. A copy is also sent to the Regional Planning Council, the Water Management District, the Florida Department of Transportation, and the Florida Department of Environmental Protection. The proposed amendments will be reviewed by DEO in two situations. In the first, there must be a written request to DEO. The request for review must be received within forty - five days after transmittal of the proposed amendment. Reviews can be requested by one of the following: • the local government that transmits the amendment, • the regional planning council, or • an affected person. In the second situation, DEO can decide; to review the proposed amendment without a request. In that case, DEO must give notice within thirty days of transmittal. Within five working days after deciding to conduct a review, DEO may forward copies to various reviewing agencies, including the Regional Planning Council. Regional Planning Council Review The Regional Planning Council must submit its comments in writing within thirty days of receipt of the proposed amendment from DEO. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the Regional Planning Council must be limited to "effects on regional resources or facilities identified in the Strategic Regional Policy plan and extra jurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government. After receipt of comments from the Regional Planning Council and other reviewing agencies, DEO has thirty days to conduct its own review and determine compliance with state law. Within that thirty-day period, DEO transmits its written comments to the local government. NOTE: THE ABOVE IS A SIMPLIFIED VERSION OF THE LAW. REFER TO THE STATUTE (CH. 163, FS) FOR DETAILS. Page 2 Attachment II SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL LOCAL GOVERNMENT COMPREHENSIVE PLAN REVIEW FORM 01 LOCAL GOVERMENT: Collier County DATE AMENDMENT RECIEVED: May 7, 2012 DATE AMENDMENT MAILED TO LOCAL GOVERNMENT AND STATE: Pursuant to Section 163.3184, Florida Statutes, Council review of proposed amendments to local government Comprehensive Plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan and extra jurisdictional impacts that would be inconsistent with the Comprehensive Plan of any affected local government within the region. A written report containing the evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State land planning agency within 30 calendar days of receipt of -the amendment. June 6, 2012 1. Amendment Name Collier County EAR Growth Management Plan Amendments DESCRIPTION OF AMENDMENT(S): Collier County has provided text amendments to the County's Growth Management Plan (GMP) based on an Evaluation and Appraisal Report that was adopted on January 31, 2011. The proposed amendments include changes to the following GMP Elements: a. Capital Improve Element; b. Transportation Element; c. Sanitary Sewer Sub - Element; d. Potable Water Sub - Element; e. Drainage Sub - Element; f. Solid Waste Sub - Element; g. Natural Groundwater Aquifer Recharge Sub - Element of the Public Facilities Element; h. Housing Element; i. Recreation and Open Space Element; 1 j. Conservation and Coastal Management Element; k. Intergovernmental Coordination Element; 1. Future Land Use Element, including the Future Land Use Map and Map Series; m. Golden Gate Area Master Plan; n. Immokalee Area Master Plan Future Land Use Map; o. Economic Element; and p. Public Schools Element According to the County staff report a notable difference exist between what had been proposed in the adopted EAR and the proposed changes to the Immokalee Area Master Plan (IAMP). The IAMP was submitted to the State in the EAR as an "optional element" as allowed in Chapter 163, F.S. As such there were no specific criteria to guide the format or purposes of the element. The IAMP was originally developed as a mandate, of Policy 6.4 of the Future Land Use Element of the County's GMP. The EAR called for revisions to the plan to be prepared as part of the subsequent County's EAR -based amendments because at the time the IAMP was in the process of being revising the plan's land use designations. The plan was supposed to be adopted in the first quarter of 2011; however, difficulties affected the adoption of the IAMP within its expected schedule and DEO granted the County an extension to the timeframe so that a remedy to the issues that prevented adoption by the County Board of County Commissioners (BCC). The County staff reports that the Master Plan will be processed as a separate GMl' amendment with the timeframes being decided by the Immokalee Redevelopment: Agency (CRA). In addition, the Rural Lands Stewardship Area (RLSA) amendments, generated at the conclusion of the RLSA 5 -year review and designated in the EAR as the Overlay's assessment, are not included in these amendments. Due to several technical reasons, the amendments for the Overlay were never taken through the formal GMP amendment process. The EAR adopted by the County in 2011 indicated that the comprehensive assessment for the Overlay and proposed amendments would be initiated at the completion of the in- process Habitat Conservation Plan (HCP) for the area. The plan would be lead by U.S. Fish and Wildlife. In the fall of 2011, the County learned that the HCP had stalled. With the completion date uncertain, the County brought the issue before the BCC who decided that the RSLA amendments would be processed in a GMP amendment cycle separate from these EAR -based amendments. 2. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN: Council staff has reviewed the proposed text amendments to the Collier County GMP and finds that the changes are procedural, provide updated materials, or add policies that add to the health, safety and welfare of the citizens of the region and thereby improve the County's GMP. Council staff also finds the proposed amendments are consistent with the previously adopted EAR and do not adversely affect; any significant regional resources or facilities that are identified in the Strategic Regional Policy Plan. 2 3. EXTRA - JURISDICTIONAL IMPACTS INCONSISTENT WITH THE COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION Council staff has reviewed the proposed amendments with respect to extra jurisdictional impacts on surrounding local government Comprehensive Plans and finds that the proposed amendments do not negatively impact and are not inconsistent with adjacent local governmental Comprehensive Plans. Request a copy of the adopted version of the amendment? X Yes No Attachment III Collier County DEQ 12 -IER Growth Management Plan Comprehensive Plan Amendments LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed proposed changes to the Collier County Growth Management Plan (DEO 12 -1ER). These changes were developed as a result to the County's Evaluation and Appraisal Report (EAR3). A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I. Comments are provided in Attachment Il. Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location - -in or near a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude - -equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI- related amendment is considered regionally significant); and 3. Character - -of a unique type or use, a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction; updates, editorial revisions, etc. are not regionally significant. A summary of the results of the review follows: Proposed Factors of Regional Significance Amendment Location Mamnitude Character Consistent DEO 12 -1ER yes yes yes (1) procedural; (2) regionally significant; and (3) consistent with SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Community Affairs and Collier County. 06/11 Our vision is a world where everyone t Habitat for Humanitye has a simple, decent place to live. of Collier County EXECUTIVE COMMITTEE Sam Durso, M.D. President & CEO Mark Goebel Vice President Stanard Swihart, M.D. . Vice President Rev. Lisa Lefkow June 11, 2012 Executive V.P. Nick Kouloheras Executive vy, Florida Department of Economic Opportunity John Cunningham Division of Community Development Treasurer Bureau of Community Planning L. Michael Mueller 107 East Madison Street MSC 160 ' ' eae+ory Caldwell Building Tallahassee, Florida 32399 — 4120 DIRECTORS Douglas L. Rankin, Esq. ATTN: D. Ray Eubanks; Assistant Secretary Plan Processing Administrator W. Wallace Abbott Penny Allyn Rick Bobrow RE: Collier County EAR Amendments J. Douglas Burke "Collier County 12 —1 EAR" Bill Dalton Rick Deal Deal Dear Mr. Eubanks: Roger Flinn Gene Frey ne Frey Habitat for Humanity of Collier County, Inc. by Robert this letter submits its comments to the Department of Economic Hall Bill H all Opportunity Bureau of Community Planning concerning Collier Craig County's EAR based amendments to its Growth Management: Patricia Jilk Plan. The amiendments were adopted for transmittal on April 24, C. John Miller 2012 by the Board of County Commissioners and subsequently John Paalman sent to the Department for its review. David Posh, Esq. Specifically, Habitat wishes to comment on revised Policy Doug Peterson 1.10 of the Housing Element [This Policy is found at Page 51 of Barbara Sill Exhibit A to the County's Resolution of Transmittal]. This Policy Alexander Spier provides in pertinent part as follows: Bill Stephenson 1 1145 Tomiami Trail East, Naples, FL 34113 George Wainscott 239.775.0036 • (Fax) 239.775.0477 Karl Wyss www.HabitatCollier.org 6e11i—The County shall create or preserve affordable housing to minimize the need,for additional local services and avoid the concentration of affordable housing units only in specific areas of the Jurisdiction adequate in. .f.. r wnvrtra ur-A wr-e arah services aFe � ava►Lible • * * * * Habitat is concerned with the bolded portion of the amendment. The language is very broad - having been taken verbatim from the provisions of Subsection 163.3177(6)(f)3.of the Florida Statutes. Habitat is unsure of the meaning of the language and is also unsure as to how this Policy may be applied to Habitat's development of affordable housing projects in the County. For example, what does the term "concentration" mean ? Is it a percentage of all of the homes in a given area ? What does the term "specific areas of the jurisdiction" mean? Does this mean a street, block, neighborhood, subdivision, zoning district, planning district, census tract, commission district or a section ? There are no sub - policies under this policy nor are there any other policies that explain how this requirement is to be implemented. Habitat believes that more specificity is required. This is especially true given the requirements of the growth management laws. According to Subsection 163.3164(36) of the Florida Statutes, a policy must describe the way in which programs or activities are conducted. to achieve an identified goal. There is no such description in Policy 1.10. Moreover, the law requires that principles and strategies [goals, objectives and policies of the plan] must: 1) contain programs and activities to ensure that the comprehensive plan is implemented; 2) describe how the local government's programs, activities and land development regulations will be initiated, modified or continued to implement the plan in a consistent manner; 3) identify the programs, activities and land development regulations that will be a part of the strategy to implement the plan; 4) identify the principles that describe how the programs, activities and land development regulations will be carried. out; and 5) establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of the more detailed land development regulations. See Subsection 163.3177(1) of the Florida Statutes. Additionally, the requirements for the Housing Element contain similar language stating that the Element must contain express principles, guidelines and standards for the creation and preservation of affordable housing as well as providing for its siting and distribution. See Subsection 163.3177(f)3. of the Florida Statutes. Revised Policy :1.10 sets forth no program or activity to explain how this provision will be implemented. There is no meaningful or predictable standard that describes how the Policy will be carried out. There is no express principle, guideline or standard for the siting; or distribution of affordable housing pursuant to this Policy. Habitat would also point out that it recently filed a Petition for Declaratory Statement with the Department asking for its expertise as to what the statutory provisions of Subsection 163.3177(6)(f)3.of the Florida Statutes mean since the statutory provision has found its way nearly verbatim into the County's EAR based amendments as revised Policy 1.10 of the Housing Element. The Petition is now pending with the Department. Habitat appreciates the Department's attention to this matter. Sincerely, Nicholas Kouloheras Executive Vice President, Land Development Habitat for Humanity of Collier County, Inc. cc: Michele Mosca, Principal Planner, Collier County Comprehensive Planning Section FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION KATHLEEN SHANAHAN, Chair ROBERTO MARTINEZ, Vice Chair Members SALLY BRADSHAW GARY CHARTRAND DR. AKSHAY DESAI BARBARA S FEINGOLD JOHN R. PADGET June 12, 2012 Mr. D. Ray Eubanks, Plan Processing Administrator Division of Community Planning Department of Economic Opportunity 107 East Madison Street, Caldwell Building Tallahassee, Florida 32399 -4120 Dear Mr. Eubanks: Re: Collier County 12 -1ER (Coordinated State Review) Gerard Robinson Commissioner of Education Thank you for the opportunity to review the proposed Collier County 12 -1ER amendment package. According to the Department of Education's responsibilities under Section 163.3184(3)(b), Florida Statutes, I reviewed the amendment package considering provisions of Chapter 163, Part II, F.S., and to determine whether the proposal, if adopted, would have potential to create adverse impacts on public school facilities. Because the amendment does not appear to affect public school capacities, facilities, or sites, I offer no comment on behalf of the department. Again, thank you for the opportunity to review and comment. 'Sincerely, Trac D. Suber Growth Management and Facilities Policy Liaison TDS/ cc: Ms. Amy Taylor, Collier County School :District Ms. Jeannette Hallock- Soloman and Ms. Brenda Winningham, DEO THOMAS H.1NSERRA DIRECTOR, OFFICE OF EDUCATIONAL FACILITIES 325 W. GAINES STREET • SUITE 1014 • TALLAHASSEE, FLORIDA 32399 -0400 • (850) 245 -0494 • FAx (850) 245 -9304 A,-v xv,tidoe.ora a��Ftz Riq,l � SOUTH i . D, June 6, 2012 Mr. Ray Eubanks Administrator, Plan Review and Processing Division of Community Planning and Development 107 East Madison Street Tallahassee, Florida 32399 -4120 Dear Mr. Eubanks: Subject: Collier County, Department of Economic Opportunity #12 -1 ER Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by Collier County (County). The Evaluation and Appraisal Report based amendment package consists of text amendments to various elements in the County's comprehensive plan. The District requests the following comments be considered by the Department of Economic Opportunity (DEO) in its report to the County: Update Drainage Sub - Element Policy 6.3.1. to reference Florida Statute Section 403.814(12). The currently referenced Rule 40E- 400.315, Florida Administrative Code does not exempt projects from off -site discharge limitations, and this rule will be superseded on July 1, 2012 with the aforementioned Statute. • Remove the reference for District coordination to develop and implement a plan to encourage inspections of stormwater systems from Conservation and Coastal Management Element Policy 2.2.5. The District does not require these inspections. However, the District is available to provide technical assistance and to coordinate education efforts with the County regarding the importance of periodic inspections and maintenance, The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources. Once the amendment is adopted, please forward a copy to the District. 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 - FL WATS 1 -800- 432 -2045 Mailing Address: P.O. Box 24680, West: Pahn Beacf-4 FL 33416 -4680 - wwws[wmd.gov Mr. Ray Eubanks June 5, 2012 Page 2 For assistance or additional information, please contact Lisa Koehler, Policy and Planning Analyst, at (239) 263 -7615 ext. 7603 or Ikoehler(a?sfwmd.gov. Sincerely, Rod A. Braun Director Office of Intergovernmental Programs South Florida Water Management District RB /lk c: Nick Casalanguida, Collier County Lisa Koehler, SFWMD Brenda Winningham, DEO Margaret Wuerstle, SWFRPC OFFICE OF THE COMMISSIONER THE CAPITOL (850) 488 -3022 400 SOUTH.MONROE STREET TALLAHASSEE, FLORIDA 32399-o800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER "ADAM H. PUTNAM June 5, 2012 VIA EMAIL (marciakendall @colliergov.net:) VIA MAIL ( DCPExternalAgencyComments @dca.state.fl.us) Collier County Growth Management Division Florida Department of Economic Opportunity Attn: Marcia R. Kendall State Land Planning Agency 2800 N. Horseshoe Drive Attn: Ray Eubanks Naples, Florida 34104 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, Florida 32399 Re: DACS Docket # — 20120504 - 110 -Collier Collier County 2011 Evaluation and Appraisal Report Submission dated May 4, 2012 Dear Ms. Kendall and Mr. Eubanks: The Florida Department of Agriculture and Consumer Services (the "Department ") received the above - referenced evaluation and appraisal report on May 4, 2012 and has reviewed it pursuant to the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural, aquacultural, or forestry resources in Florida if the proposed amendment(s) are adopted. Based on our review of your county's submission, the Department has no comment on the proposal. If we may be of further assistance, please do not hesitate to contact me at 850- 410 -2291. Sinc lay Martin Senior Policy Analyst Office of Policy and Budget cc: Marcias R. Kendall (marciakendall @colliergov.net) (SLPA #: Collier County 12 -1 ER) 1- 800 - HELPFLA F�a. www.FTeshFromFlorida.com Florida Department of Transportation RICK SCOTT 10041 Daniels Parkway ANANTH PRASAD, P.E. GOVERNOR Fort Myers, FL 33913 SECRETARY June 1, 2012 Mr. Ray Eubanks Plan Processing Administrator Department of Economic Opportunity V Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399 RE: Collier County 12 -1ER Proposed. Comprehensive Plan Amendments (Including EAR - based Amendments) — FDOT Comments and Recommendations Dear Mr. Eubanks: The Florida Department of Transportation, District 1, has reviewed the Collier County 12 -1 ER, Proposed Comprehensive Plan Amendments (EAR -based amendments approved for transmittal by the Board of County Commissioners on April 24, 2012) in accordance with the requirements of Florida Statutes (F.S.) Section 163 and Chapter 9J -I l of the Florida Administrative Code (F.A.C.). The department offers the followin €; comments and recommendations for your consideration regarding the proposed amendments. CAPITAL IMPROVEMENT ELEMENT (CIE): FDOT Comment # 1• Policy 1.5 of the CIE establishes the following Level of Service (LOS) roadway standards: LOS Standard Facility E All six lane roadways D All other County and State roadways not on the Florida Intrastate Highway System (FIH . D I -75 (the only FIRS roadway within the County). The department notes that the FIHS has been discontinued by the department in accordance with recent legislation and has been incorporated into the Strategic Intermodal System (SIS). The department further notes that per s. 16)3.3180, the county now has the ability to establish its own LOS standards on SIS and Emerging SIS transportation facilities. While existing non -state facilities funded by the Transportation Regional Incentive Program (TRIP) are also not bound to state LOS standards, the county should abide by any -applicable TRIP funding agreement requirements for these facilities. For new TRIP funded facilities, the department should be consulted to ensure consistency with the Strategic Intermodal System Plan pursuant to s. 339.2819. For SIS facilities, the department encourages Collier County to coordinate with the www.dot.state.fl.us Mr. Ray Eubanks Collier County 12 -1ER Proposed Comprehensive Plan Amendments — FDOT Comments and Recommendations June 1, 2012 Page 2 of 3 department and establish LOS standards consistent with the new FDOT LOS policy and procedure that was recently approved by FDOT's Executive Board. Based upon this new policy and procedure, the following LOS standards should be considered. FDOT LOS "C" (SIS hiQhways within a transitioninz or rural area type): • SR 29 • SR 82 • 1 -75 from Broward County line to SR 951 FDOT LOS "D" (SIS hikhways within an urban area tvpe): • I -75 from SR 951 to Lee County line TRANSPORTATION ELEMENT (TE): FDOT Comment # 2: Objective 2 of the TE reads "Maintain the adopted Level of Service standards provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program." The department notes that Policies 1.3 and 1.4 of the TE were revised to reference the adopted LOS standards for roadways included in Policy 1.5 of the CIE. Please see FDOT Comment #1, as it relates to Policy 1.5 of the CIE. INTERGOVERNMENTAL COORDINATION ELEMENT (ICE): The EAR based amendments to the ICE are not anticipated to have any adverse impacts on any state roadways. The department offers no comments. FUTURE LAND USE ELEMENT (FLUE):: FDOT Comment # 3• It should be noted that House Bill (HB) 7207 repealed rule 9J -5 of the Florida Administrative Code (F.A.C.) and incorporated important and relevant definitions and provisions of the rule into the Florida Statues. It is recommended that reference to Rule 9- J5.0055(6)(a)., F.A.C. be removed from Policy 2.4 of the FLUE as it relates to development located within the South US 41 Transportation Concurrency Exception Area (TCEA). FDOT Comment # 4• Section I.B.3.a of the Future Land Use Designation Description Section was revised to replace the Traffic Congestion Area Density reduction guidelines with the Coastal High Hazard Area Density reduction guidelines. This section was also revised to exempt the properties within the Coastal High Hazard Area in Section 1, Township 50 South, Range 25 East from the density reduction factors. Consistent with Comment # 14 of the Collier County Proposed EAR — FDOT Recommendations and Comments letter (dated October 8, 2010). The department recommends that analysis be provided to determine the impact of replacing the Traffic Congestion Area Density reduction guidelines with the Coastal High Hazard Area reduction guidelines. Should substantial additional development occur from this amendment, it is recommended that an area wide traffic study be conducted and supporting documentation be provided to establish whether state roadways within the county will operate at their adopted level of wwwAot.state.fl.us Mr. Ray Eubanks Collier County 12 -lER Proposed Comprehensive Plan Amendments — FDOT Comments and Recommendations June 1, 2012 Page 3 of 3 service (LOS) standards, as identified within the county's comprehensive plan during short term (2017) and long term (2035) horizon year conditions. If any state roadway segments are found to operate under adverse conditions in the short term, the department recommends that the county's five -year schedule of capital improvements in the comprehensive plan Capital Improvements Element be updated to include remedies or improvement projects that will maintain the county's adopted LOS standards in the near term. Projects should be identified as funded or unfunded and prioritized by the county per 163.3177(3) (b) F.S. Potential remedies include revised LOS standards, capacity improvements on failing roadways, capacity improvements on parallel roadway facilities, investments in alternative transportation modes, Transportation Demand Management strategies, Smart Growth initiatives, and/or other solutions as may be identified by the county. For long term failures, the department recommends that appropriate policies be indentified in the county's Capital Improvement Element or Transportation Element, and the needed improvements be added to the appropriate plans and programs. GOLDEN GATE AREA MASTER PLAN ( GGAMP): The EAR based amendments to the GGAMP are not anticipated to have any adverse impacts on any state roadways. The department offers no comments. IMMOKALEE AREA MASTER PLAN (TAMP) ELEMENT: As noted in the Transmittal of Proposed 2011 Evaluation & Appraisal Report -based Growth Management Plan Amendments Letter (dated May 4, 2012), difficulties affected adoption of the IAMP within its expected schedule, and the Department of Economic Opportunity (DEO) granted Collier County an extended timeframe with which to remedy issues that prevented adoption by the BCC. This Master Plan will be processed as a separate Growth Management Plan (GMP) amendment, the timing of which is being determined by the Immokalee Community Redevelopment Agency (CRA). The department offers no comments. Thank you for providing the department with the opportunity to review and comment on the proposed amendments. If you need additional information or would like to discuss these comments, please contact me at (239) 461 -4300 or lawrence.massey @dot.state.fl.us. LLM1gmb111m Sincerely, Lawrence Massey District 1 Growth Management Coordinator Southwest Area Urban Office www.dot.state.fl.us May 23, 2012 Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Ms. Marcia Kendall Growth Management Plan Director Collier County 2800 N. Horseshoe Drive Naples, Florida 34104 Rick Scott Governor knnifer Carroll Lt. GovP.Mor Hor,;ch,,i T. Vinyard, Jr. secretarY 5�q -AVv Re: Collier County 12 -1ER Proposed; Expedited Comprehensive Plan Amendment Review Dear Ms. Kendall: The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above - referenced amendment proposal under the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse :impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state -owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; water and wastewater treatment; and, where applicable, the Everglades ecosystem. Based on our review of the proposed amendment, the Department has found no provision that requires comment under laws that form the basis of the Department's jurisdiction. Thank you for the opportunity to comment on the proposed amendment package. Should you have any questions or require further assistance, please call me at (850) 245 -2169. Sincerely, ZAf Chris Stahl Office of Intergovernmental Programs /cjs hwtN : Jolo. stdtr.. (l. US ATTACHMENT HEREIN ARE THE EAR -BASED OBJECTIVES AND POLICIES AS APPROVED FOR TRANSMITTAL BY THE BOARD OF COUNTY COMMISSIONERS AND RECOMMENDED BY THE ENVIRONMENTAL ADVISORY COUNCIL AT TRANSMITTAL - WHERE THE TWO DIFFER. ENTRIES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Public Facilities Element/Drainaae Sub Element (the Stormwater Managemeht Sub - Element, upon adoption) Policy 6.3.3 as recommended by EAC at Transmittal: 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 Environmental Resource Permit Information Manual, Volume IV, 2009 ". 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 d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant hydrologic and hydraulic data. Policy 6.3.3 as approved for Transmittal by BCC: 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 Environmental Resource Permit Information Manual. Volume IV. 2009 ". 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 d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant appropriate and professionally accepted hydrologic and hydraulic data. Staff' Comments: Staff - recommended changes, as extrapolated from another EAC recommendation at the December 7, 2011 Transmittal hearing - to consider using the HB 7207- updated phraseology, which references "relevant, appropriate and professionally accepted data" language for Policy subsection 6.3.3.h. - were approved by the BCC. -a- Staff Report to the Environmental Advisory councii Conservation and Coastal Management Element (CCME) AMW OBJECTIVE 1.2 as recommended by EAC at Transmittal: Maintain the framework for an integrated, computer -based environmental resources data storage, analysis, and graphics system by collecting the highest practical quality data with data quality indicator databases based en OBJECTIVE 1.2 as approved for Transmittal by BCC: Maintain the framework for an integrated, computer -based environmental resources data storage, analysis, and graphics system that is based on relevant appropriate and professionally accepted data and- anndalGv =t =k ., . :T�siar�rsso:r_� Staff Comments: Staff recommended the BCC consider using the HB 7207 - updated phraseology, which references "relevant, appropriate and professionally accepted data" language for Objective 1. 2, as Statute -based alternative to EAC recommendation to use "collect the highest practical quality data with data quality indicators ". OBJECTIVE 2.1 f. as recommended by EAC at Transmittal: 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. AAW OBJECTIVE 2.1 f, as approved for Transmittal by BCC: The County shall MqUiFe advise all applicants of development projects that it is their responsibility .to obtain the any necessary state and federal environmental permits. Staff Comments: Revisions to this Objective were proposed by staff at the BCC Transmittal hearing in anticipation of pending legislative changes — local governments may not require development projects to obtain state and federal environmental permits prior to issuance of a final development order. Policy 6. 1.1 as recommended by EAC at Transmittal: 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. Staff Report to the Environmental Advisory Council Policy 6. 1.1 as approved for Transmittal by BCC: 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. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2012, the native vegetation preservation and retention standards of the Non - Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) Staff Comments: Based upon concerns about the impact on property rights, the BCC added the underlined text that maintains the same preservation standards for those properties that are presently outside of the CHHA but will become within the CHHA. The referenced map is attached. Policy 6.1.2 as recommended by EAC at Transmittal: 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: Policy 6.1.2 as approved for Transmittal by BCC: 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:_ Additionally, for the Lake Trafford /Camp Keais Strand System located within the Immokalee Urban Designated Area native vegetation shall be preserved on site through the application of the Neutral Lands standards in "b" below, on an interim basis, until such time as a study is completed to determine if different standards are appropriate for this area. Preservation and Native Vegetation Retention Standards: Staff Comments: Staff recommendation, made subsequent to the EAC's December 7, 2011 Transmittal hearing, to revise Policies 6.1.2 and 6.2.5 to clarify that the preservation standards for the Lake Trafford /Camp Keais Strand would be native vegetation retention of 60 percent, not to exceed 45 percent of the site (Neutral Lands standards). Policy 6.2.5 as recommended by EAC at Transmittal. Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford /Camp Keais Strand System which is contained within the Immokaiee 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 —c— Staff Report to the Environmental Advisory Council 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: Policy 6.2.5 as approved for Transmittal by BCC: 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 for iianuluisearup neais azrang 5vstem in order 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: Staff Comments: Staff recommendation, made subsequent to the €AC's December 7, 2011 Transmittal hearing, to revise Policies 6.1.2 and 6.2.5 to clarify that the preservation standards for the Lake Trafford/Camp Keais Strand would be native vegetation retention of 60 percent, not to exceed 45 percent of the site (Neutral Lands standards). Policy 10. 1.5 as recommended by EAC at Transmittal. 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 aad e- desteey the destruction of marine wetlands shall provide for general public use. fMarine 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. 1.5 as approved for transmittal by BCC: Staff Comments: The BCC agreed with staff that this Policy is not needed and that the State permitting process addresses impacts. Policy 10.1.6 as recommended by EAC at Transmittal: For development of Aall new marinas, water - dependent and water - related uses that propose to destroy marine wetlands,_ the applicant shall be required to perform a fiscal analysis in order to demonstrate the public benefit and financial feasibility of the proposed development. 2 Im Staff Report to the Environmental Advisory Council Policy 10.1.6 as approved for Transmittal by BCC: Staff' Comments: The BCC agreed with staff that this Policy is not needed and that the State permitting process addresses impacts. OBJECTIVE 10.5 as recommended by EAC at Transmittal. 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 wetland systems apA 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. OBJECTIVE 10.5 as approved for Transmittal by BCC: 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. Staff Comments: Staff recommendation, after the EAC's December 7, 2011 Transmittal hearing, was to not insert the term "Wetland systems" as recommended by the EAC, as the change created inconsistencies within Objective 10.5 and related policies that address dunes and coastal barriers only, wetland systems are addressed elsewhere within the CCME. Public Facilities Element/Natural Groundwater Aquifer Recharge Sub - Element (NGWAR) Policy 3.4 as recommended by EAC at Transmittal. 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 gFound wateF -groundwater model. Policy 3.4 as approved for Transmittal by BCC: The County shall continually gather and evaluate appMpraate relevant, appropriate and professionally accepted data for the purpose of refining and improving the groundwater quality monitoring database used in the County's 3- dimensional gFouRdwatef groundwater model. Staff Comments: Staff` changes, as extrapolated from another EAC recommendation, to consider using the HB 7207 - updated phraseology — which references "relevant, appropriate and professionally accepted data" language for Policy 3.4. — were approved by the BCC G :ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSIEAC Adoption - EAR -based GMPAsIAdop#on 8-1 -12 EAC Staff Report - EAR -based GMPAs.docx Updated to: 8/3!2012 2:58 PM —e— Staff Report to the Environmental Advisory Council I° EAR -BASED GMPA EXHIBIT "A" COASTAL HIGH HAZARD AREA COMPARISON MAP Legend OLD (EXISTING) CHHA — NEW CHHA ON FLUM TRAFFIC CONGESTION AREA (TO BE DELETED) F7 NEW CHHA e 1 L 0 1 2 4 6 Miles rea�ua.o�v s curwnna.r riir,; o +oino�r�nwuemc,«n.Mm February 2012 •a.. • I. Hs �rL Elam �m Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 Goals, Objectives and Policies Conservation and Coastal Management Element (CCME) GOAL 1: [Revised text, page 4] T14E COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF IT-IS THE COUNTY'S NATURAL RESOURCES. OBJECTIVE 1.1: [Revised text, page 4] Calker- Gaunt xiI4 ^Continue to develop and implemen.t. maintain a comprehensive environmental management and conservation program, whieh will to ensure that the natural resources, including State and Federally listed animal species; of within Eellier 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 C 4her 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 Collier 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 Eellier 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 Eelher 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 C— ellier 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. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 1.2: [Revised text, page 5] Maintain the framework for an integrated, computer -based environmental resources data storage, analysis, and graphics system that is based on relevant, appropriate and professionally accepted data and anftually update the databases based on pfevietts year's ana:1�4ieal data in er-def tO MOR40F t Words underlined are added; words Hough are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 Policy 1.2.1: [Objective 1.2 reformatted, resulting in creation of Policy 1.2.1, 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 1.2.12: [Renumbered text, page 5] Policy 1.2.33: [Renumbered text, page 5] Policy 1.2.-34: [Renumbered and revised text, page 5] Non -GIS -based data Gcollected an&er- eempiled data will shall be organized by established water -shed and sub -basin units. Policy 1.2.45: [Renumbered text, page 5] [Deleted text, page 5] OBJECTIVE 1.3: [Revised text, page 5] Pufsttaf4 to Administfation Gemmission Final Or-der- AG 99 002 dated June -22, 1999, the Geunl�, has eempleted the phased delineation, data gathering, management guidelines and implemefitatien of the Lands Ste-A,afdship AFea ON,eflay in the Futufe Land Use Element, the Getfftty has delineated Stewardship Sending Ac-eas 44at will ftffiefien te pfetect lar-_ 'atal systems. Pufstiant te4he felle = ing pohe es the GetffAy shat Protect identified environmental systems through the Natural Resource Protection Area NNRPA) and Rural Lands Stewardship programs. Policy 1.3.1: [Revised text, page 6] The p -pese of *The NRPA program is-� 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 will shall include the following: a. Identification of the NRPAs in fnap 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.) Words underlined are added; words StFUGk thFough are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 2 • ��sar OBJECTIVE 1.3: [Revised text, page 5] Pufsttaf4 to Administfation Gemmission Final Or-der- AG 99 002 dated June -22, 1999, the Geunl�, has eempleted the phased delineation, data gathering, management guidelines and implemefitatien of the Lands Ste-A,afdship AFea ON,eflay in the Futufe Land Use Element, the Getfftty has delineated Stewardship Sending Ac-eas 44at will ftffiefien te pfetect lar-_ 'atal systems. Pufstiant te4he felle = ing pohe es the GetffAy shat Protect identified environmental systems through the Natural Resource Protection Area NNRPA) and Rural Lands Stewardship programs. Policy 1.3.1: [Revised text, page 6] The p -pese of *The NRPA program is-� 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 will shall include the following: a. Identification of the NRPAs in fnap 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.) Words underlined are added; words StFUGk thFough are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 2 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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. -EA"T SOR-) and/or Federal land acquisition programs for County areas qualifying as NRPAs. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Polie y'.3.'': [Deleted text, page 6] annual basis as NRPAs and their- implementation er-iter-ia are develeped. Policy 1.3.45 [Renumbered text, page 6] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 2: [Revised text, page 4] THE COUNTY SHALL TO PROTECT IBS THE COUNTY'S SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1: [Revised text, pages 7, 8] By januaf�,, 2009, the Gounty shall eemplete the pr-ior-itization and begiii the process Prepareiftg Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. The pfeeess shall eensist of (1) are evaluatkffi Of afeas f r- .,hie Water-shed Managemefft Plafts afe fiat fieeessai-y based en euffeiiA or- past water-shed management plafming effeils, (2) an assessment of available data and ififefmation that ean be used i-;-; dhe development ef Wa4efshed Management Plans, a-nd (3) budget auther-izatieft to begin f4he first Wa4er-shed ManagemeRl Plan by Jaffaaf-y 2008. A funding sehedule shall Ne testa:bhlished to ensuf-e that all Water-shed ManagefnefA Pians will be eempleted by 2010. in seleeting the er-def of Plan eampletien, the County shall give pr4efity to wa4er-sheds whefe the development wev4h petefitiaki-, Maximum Daily Loads (TMPLs). Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: Words underlined are added; words figh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 ", ", and " 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 Prier - to the - issu-Anee -of a final development order, -4he The County shall r-equire advise all applicants of development projects that it is their responsibility to obtain the M 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.l .d is Applicable [See Figure 1 following CCME text] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words stFUsk-through are deleted. TRANSMITTAL - AS APPROVED BY BCC ON 4 -24 -12 4 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 Policy 2.1.7: [Revised text, page 9] Crier The County shall take the lead and promote enta4 coordination between the Gounty other governmental agencies involved with watershed planning, including, but not neeess; 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 shall continue to lead and oversee the preparation of the necessary watershed management plans, and will rely -pen include in their review 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] Require 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 shettld 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 Management District and the Florida Department of Environmental Protection, shall develop and implement a plan to encourage By Deeember -31, 2008, and no less — than — ever - -three years, stormwater management systems shall be periodically inspected and, if feasible, eeftified by an 'i° °ns°a F' ^r a^ appro rU iate 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 * ** * ** * ** * ** * ** Policy 2.3.4: [Revised text, page 10] The County shall C—continue to implement a refine a it's water quality and sediment monitoring program for the estuarine system. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words struGk through are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 5 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 its shall be implemented through the following mechanisms: a. Require all applicable Federal and State permits addressing water quality to be submitted to Cellier the County before Collier- reun, ., issues issuance of a Final Development Order. b. Excluding single family homes, any project impacting 5 acres or more of wetlands Must shall provide a pre and post development water quality analysis to demonstrate no increase in nutrientss eehemieal- exygen- demard, total suspended- selids, lead, zine and cepper loading in the post development scenario. the . of this e e..t ,;lt be to .-;f., the . of the made! ,-.�l to pr-evide data evaluating stefmwa4ef management stfuetufe design. in feviewing the aeetlfaey e uuuuaa uaii, uav r'aiir'rv.i�°. vi a.ui.� u..�iivauiivin v`v- irrvc. ° the ..tee el the C.,unt-, will inelude an e ,.,1,..,tie of the re,-1 etie of 1 1 depths with t;.ne and the eefFespending less > the impaet of lake stfatifieatien, analysis, aer- ien. The assessment will alse inelude the sampling ef funeg 4em undis4ffbed sites fevisiens te euFfent model methedelegy, > and Pw4her monitoring shall be presented to the Board of Geu*t-y Gemmissioner-s fef ftn4her- difeetien-. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2.4: [Revised text, page 11] Collier- Gaut y shall eo *roue tTakeing 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. fAs part of this process, the County shall continue to notify FDEP of development projects within the watersheds of these preserve areas.,) * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 2.5: [Revised text, page 11 ] The Continue with the to implementafien-of4is 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 lidentify 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. Words underlined are added; words stwek thFedgh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 6 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 Policy 2.5.3: [Revised text, page 11 ] Theis estuarine mana eg ment 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 SIL444. TO PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL OBJECTIVE 3.1: [Revised text, page 121 Gr -eund w er- quality s4& ^Meet all applicable Federal and State ground water quality standards: and Ground water- quality shall be monitored in order ground water quality to determine whether development activities are contributing to the its degradation of Co"i °r Ceunt .'s ground water quality. ;"et-her- the CeufAy is fneeting Federal and State r-egulatofy standards fef gfound wa4ef qual4y. T County shall fequife gfetmd zA,atef f land ases ift aeeefdanee with Chapters 62 520, 6-2- 550 and 62 777 of the Fier-ida Code. Upon the deteetien of any gr-atind watef ,,,l. ,„ Policy 3.1.1: [Objective 3.1 reformatted, resulting in creation of Policy 3.1.1, 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 regulatory standards for ground water quality. Policy 3.1.2: [Objective 3.1 reformatted, resulting in creation of Policy 3.1.1, page 13] The County shall require ground water monitoring of land uses in accordance with Chanters 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 shall notifv the appropriate regulatory agencies. Policy 3.1.3: [Objective 3.1 reformatted, resulting in creation of Policy 3.1.1, 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 3.1.4-4: [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: Words underlined are added; words StFUGk theugh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 -l. 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 referenced within this policy shall be granted only i eir-eumstanees an whence development impacts of the development will be isolated from the Surficial and Intermediate Aaquifers. Policy 3.1.5 [New text, page 13] The County 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 * ** * ** * ** * ** * ** Words underlined are added; words GtFUGk thraugh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 8 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 OBJECTIVE 3.2 [Revised text, page 13] The County shall implefnef4 ^ Continue the well construction compliance program tmde based upon criteria specified in the Collier County Well Construction Ordinance, ��eh is a°.,;,... °a to ensure proper well construction of wells and promote aquifer protection. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3.3: [Provided for context only, 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 -1773 in the Natural Ground Water Aquifer Recharge Sub - Element.) Policy 3.4.1: [Revised text, page 14] r'entinue tThe existing water quality monitoring program shall continue to provide base -line data, evaluate long -term trends — including salinity trending, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 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] 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 designe to mere accurately determine water use in the Gelb County sueh as the Geuffvy's use pefmits. Policy 4.1.1: [Objective 4.1 reformatted, resulting in creation of Policy 4.1.1, page 15] The County shall track all permitted wells and wells having consumptive use permits. Words underlined are added; words StFUGk thFough are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 9 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 Policy 4.1.472: [Renumbered text, page 151 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 4.134: [Renumbered text, page 15] * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 5: [Revised text, page 16] THE COUNTY S14A TO PROTECT, CONSERVE AND APPROPRIATELY USE ITS THE COUNTY'S MINERAL AND SOIL RESOURCES. * ** * ** * ** * ** * ** textbreaK * ** * ** * ** * ** * ** OBJECTIVE 5.3: [Revised text, page 16] The C allief C;au t�, Engineer -inn Seizviees Depa tfne * sha ^Periodically assess the types, quantities and location of minable mineral resources within Eellier the County. Policy 5.3.1: [Revised text, page 16] The Gellie County's Engineering Review Services went 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 wi44 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] T14E COUNTY SHALL TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: [Revised text, page 18] The Ceup y shall ^Protect native vegetative communities through the application of minimum preservation requirements. The f flew ..,. pokeies p ide or-iter-ia to ,rave this obje .give .., ,.able (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 18] 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 Words underlined are added; words stFUGk through are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 10 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2012 the native vegetation preservation and retention standards of the Non - Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element. 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 Words underlined are added; words Dough are deleted. TRANSMITTAL —AS APPROVED BY BCC ON 4 -24 -12 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% 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 Words underlined are added; words Dough are deleted. TRANSMITTAL —AS APPROVED BY BCC ON 4 -24 -12 11 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 preserves. The purpose for identifying the largest contiguous area is to provide for a core area AIM 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 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. Words underlined are added; words stFUGk thraagh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 12 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 laiid develep t r-egalatieas addressed in Pehey= 6. L 1(11) afe developed exeeptietis, by means of mitigation in the f4m of iner-eased 4ndseape r-equir-ements shall be proposed aefivity. Criteria fer allewingthceexeeptiens in ^me, (a) Aqier-e site elevations or- eenditions r-equir-es plaeemen4 ef fill thereby h i b -1 I-Ateing the s ability of'the native � getn4ie its existing 1,.eati, �ii�. .iui v'TVnvirrc� ; > shfubs and tr, u4lizing larger- plant materials so as to more qttiekiy r-e er-ea4e the lost nat-uFe 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 plans. (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 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)Within ° year- of the effective date of these endf nt , 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; Words underlined are added; words ugh are deleted. TRANSMITTAL —AS APPROVED BY BCC ON 4 -24 -12 13 Exhibit "A' EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 exempt femme Nate Vegetatieti Retei4ie Requifements- Tabfe, and revisiens in Paragraphs 3, 6, and 7. Wiithin7eaf ef t e ff etive a^+^ of these ^ o.,dmef s the r,,,,.,+„ 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. (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.. Additionally, for the Lake Trafford/Camp Keais Strand System Words underlined are added; words straok##reugh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 14 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 located within the Immokalee Urban Desimated Area native vegetation shall be preserved on site through the application of the Neutral Lands standards in "b" below, on an interim basis until such time as a study is completed to determine if different standards are appropriate for this area. 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 as provided in the North Belle Meade Overlay in the Future Land Use Element for Section 24, Township 49 South, Range 26 East. 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 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 Words underlined are added; words st#aek through are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 15 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 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)(1). (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. Words underlined are added; words stF Gk tnpeugh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 16 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 ap rks 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. (13) 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 * ** * ** * ** * ** * ** Policy 6.1.6: [Revised text, page 24] Exemptions uom the native y geta4ion retention f E)f GG E Peliey 6.1.2 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- Rezone petition was approved by the County prior to June 19, 2002; 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 Words underlined are added; words stwsk thmugb are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 17 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 r'^tmPf sh4 »Protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The f llei ing pahe:°s pfovide ,.:+°,.;^ to ^v° this obj t;., fThe 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] As required by Rer-ida Administr-ative wed° 9i5 c 006(i)(b), wWetlands identified by the 1994 95 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 ^ jufisdietienal field d6lineation, subjeet to Pokey 6.2.2 of this eiement, at the time of pr-c�eet peffflit4ifig to dete i 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 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 for the Rural Fringe Mixed Use District, and Policy 6.1.2.b. of this element for the Lake Trafford/Camp Keais Strand System, in order 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 Words underlined are added; words stFUsk#kuough are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 18 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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; 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. Words underlined are added; words StFUGk through are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 19 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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. Witter en° (1) year- o a -effeE ive- date - e€- these amendments, Wilier County shall * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 7: [Revised text, page 35] THE COUNTY SHA TO PROTECT AND CONSERVE iTC7 THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: [Revised text, page 35] The 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 published in 50 CFR 17.) * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words stfask through are deleted. TRANSMITTAL - AS APPROVED BY BCC ON 4 -24 -12 20 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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. Manaizement Puidelines contained in publications utilized by the FFWCC and USFWS as their technical assistance shall be used for developing required management plans. The fellewing r-eferenees shall be used, as app-op—te, to prepare the required managefneFA a. ce tt, Florida Multi t; Speeies Reeelver , Plan, T SFALc lotto 1 . 14.vk.c Management Guidelinesw f . the Bald Eagle in the SetAheast Region, T C1 ALS > 1997. e. Eeelegy aiid Habitat Preteetion deeds of Gepl} .,he ff d Populations fetmd on- Lands - Slated for-Large ealePevelopment in Fier - aa Tcehniel RepeFt No. 4, Florida Game and fresh Water- Fish Commission, 1987. d. Eelogy ra Deyelepnren4 R elated - Habitat Requirements of the Florida Sel:ub Jay I.A.7a-ter- Fish rte,....,... issi ,., 1991-. R..,.1egy an Habitat D.- et °..tio AT° °.1.. of the S tL, t A ., Kestfel /1~ 1 Spar-ver-ius Paulus) on Large seale PevelopfnefA Sites in ... i.......�b) ...... ..uvccu.c iivwvuvu i�vvuv vi uiv vvac[iv ° e ]2epoFt Ne 1 Z Florida Game a-a T'.r°nL..W Water- Fish !'of 1993. t..... 1.... c-J, i i..i... vauai....i... Fresh .. ucv , 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. Words underlined are added; words stresk thFeugh are deleted. TRANSMITTAL -AS APPROVED BY BCC ON 4 -24 -12 21 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 (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- 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- impaetin habitat suitable for- blaek beaf shall be eonsider-ed in the managemepA 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 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 than 10 acres. Words underlined are added; words struegh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 22 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 (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 ' Listed species within the Rural Lands Stewardship Area (RLSA) shall be protected pursuant to the RLSA Overlay P,--LSA policies fend 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 With:,, ^ ^° (1 yeaf of the effo^tive date „f this amendment adopt land development regulations, as needed, addFessing the to protection -ef listed plants. OBJECTIVE 7.2 [Revised text, page 381 14istefieal da4a fFefn 1990 1996 shows tha4 the avefage number- ef manatee deaths in Collief Geufl�y due t9 : eide t" with ` ater- er-aft- iS appr-eximately 3.2 pef year- per- 1 crT0,000 beats. Thfough PokeieS -7-.-24 thfaugh 7.2.3 the ty'^ objeetive is t^ fn Minimize 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 iata ffom 1996 1999 shows that the aver-age number- of sea tuftle diser4ealatie CeufAy is appr-oximately equal to 5 of the hatehlings ffofn all nests in the County. Thfough the following ~.,heies the Gouptt,'s objeetive is to —Minimize the number of sea turtle disorientations. (Analysis of historical data from 2005 — 2009 shows that the average number of sea turtle disorientations is approximately equal to 4% of the hatchlinas from all nests in the Countv.) Policy 7.3.1: [Revised text, page 391 The County shall apply the lighting criteria contained in Policy 7.1.2(2)4) of this eElement in order to protect sea turtle hatchlings from adverse lighting conditions. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 7.4: [Revised text, page 391 The Ceu t., shall ^Continue 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 should 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. Words underlined are added; words struck thfsugh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 23 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 9: [Revised text, page 41 ] THE COUNTY SHA 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 ;eui+tj, shall implement 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 Depfftfnefl.t 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 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. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 9.2.3: [Revised text, page 421 The Collier County Pollution Control and D"°ye-4BA Department shall work with the Florida Depa :.4nent of Envifef ffnental Pr- eteefien (FDEP) to establish maintain its anew cooperative agreement with the Florida Department of Environmental Protection be ..eery the Gett ,-. an F-DEP The -ptffpese of this agfeemeiit 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] ' Maintain the County's local storage tank compliance program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words stFuGk thraagh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 24 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 Policy 9.4.3: [Revised text, page 42] All storage tank systems in Celli the County shall adhere to the provisions of Section 62 -761 or 62- 762, Florida Administrative Code (F.A.C.) as applicable. Unless ethefwise - r-evin°awithin 761, > in effeet at the tifne of appfoval of the storage * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 10: [Revised text, page 43] THE COUNTY SHALL TO PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE "-IS THE COUNTY'S COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL 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 P- prioritizees €er water - dependent and water - related uses as follows she: a. Public recreational facilities over private recreational facilities; b. Public Bboat Rramps; 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 [Deleted text, page 44] Words underlined are added; words stFUGk thfeugh are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 25 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 Pokey 10.1-.6--. [Deleted text, page 44] All new faafinas, water- dependent and watef related uses that pr-epese to destfey viable, natufally Policy 10.1.76: [Renumbered text, page 441 OBJECTIVE 10.2: [Revised text, page 44] The re,,,, y shall s.. f4ii ue to iEnsure that access to beaches, shores and waterways remain available to the public and continue with 42-s the Count'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- +h° 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 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 Uundeveloped coastal barriers mapped as part of the Federal Coastal Barrier Resources System, hal be - ~rota'"° predominantly in their natural state and protect, maintain and enhance their natural function shall be pr-eteeted, maintained °---- anee . * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 10.4: [Revised text, page 46] Developed + l bafrier-s and developed shorelines shall be .,inttel t o ,Restored and then — maintained, when appropriate, developed coastal barriers and developed shorelines, by establishing mechanisms or projects which limit the effects of development and which help in the restoresatioii of the natural functions of coastal barriers, including araete 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. Words underlined are added; words GtFUGk through are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 26 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 10.6: [Revised text, page 49] The Count.. At " Conserve 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 F-ef shoreline development projects where that require an EIS isr-equir-ed, shall rp ovide an analysis sl}a44 that demonstrates that the project will remain fully functional for its intended use after a six -inch rise in sea level. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** GOAL 12: [Revised text, page 52] THE COUNTY SHA TO MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE 12.1: [Revised text, page 52] The Geuf y w-." -„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 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 Managemei4 Depaftffiefl.t 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] Eellier The County wi44 shall develop continue to enhance and maintain a comprehensive public awareness program. The program will be publicized prior to May 30`h of each year. Evacuation zones, public shelters and evacuation routes shall be printed i n 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 X11 shall be determined at the rate of 20 square feet per person. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words stfuek thpeugh are deleted. TRANSMITTAL —AS APPROVED BY BCC ON 4 -24 -12 27 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 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 melt 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. * ** * ** * ** * ** * ** 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 1St 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 14azafd Local Mitigation Strategy f7CTt " through the identification and review of new or ongoing local hazard mitigation projects including, identifying the appropriate funding sources for such projects. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.1.11: [Revised text, page 53] The County wiJ4 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" (493 2007). Policy 12.1.12: [Revised text, page 53] The County wi44 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 will shall continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement Words underlined are added; words strask thpough are deleted. TRANSMITTAL — AS APPROVED BY BCC ON 4 -24 -12 28 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element - BCC Transmittal Hearing 4 -25 -12 grants, Hazard Mitigation and Pre - disaster Mitigation Grant Programs funding, and 4em available funds identified in the State's annual shelter deficit studies. Poliey 12.1.14.! [Deleted text, page 53] 4 ( TT T Collier- r'',,,, „t„ shat Prre�te- adoption -- e€- �e- 289� � �p�te- �- lwenter�� -�T�n� evaluate whether- to inelude huffiea-ae shelters in t4e 5 year- sehe"le of Capital h:npfevements. Policy 12.1.14-5: [Revised text, page 55] All new nursing homes and assisted living facilities that are licensed f r .r ^r° than 15 elients will 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 411). 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 54] r811ie f count„ is rdueting a u,,,...;cane E.,.,,.,,.,tio Stud., If warranted by the results of that 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 r^,,..+., 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. * ** * ** * ** * ** * ** 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 zene as presently defined in the 2011 2404- 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 * ** * ** * ** * ** * ** Words underlined are added; words strask -thmugh are deleted. TRANSMITTAL - AS APPROVED BY BCC ON 4 -24 -12 29 Exhibit "A" EAR -based GMP Amendments Conservation and Coastal Management Element — BCC Transmittal Hearing 4 -25 -12 OBJECTIVE 12.3: [Revised text, page 55] The r,,,,pA , shall aDevelop and maintain a task force that will plan and guide a unified County response to post - hurricane disasters. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 12.3.2: [Revised text, page 55] Aftef a hufrieafie that neeessita4ed an evaeuatien7, tThe Board of County Commissioners shall meet to hear preliminary damage assessments after a hurricane that has necessitated an evacuation. Thissw will be acne pfief to ° efttf y of the pepulatien. At that time, the Commission will may 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 or C^"' °r Gee , the Gemfn uait<, Deyel^pm°^* and Eiwifemnental Sen4ees Growth Management Division Administrator, the r,,,,,.,fehe„�; <,° Pla mp==g Di eetef, the- Zoning -and Land Development Services Rev Director, the Bureau of Emergency Services Management Director and other members as directed by the Board of County Commissioners, such as. The Board should alse ;,,,.,,,a° representatives from municipalities within Collie the County that have received damage from the a storm to beeome members of the Reeevefy Task Fo o z-ccJn- rvrcc. * ** * ** . * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 12.4: [Revised text, page 56] The County shall make every reasonable effort to meet the emergency preparedness requirements of people Persons with sSpecial 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. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** EAR Exhibit A -CCME — BCC Transmittal FINAL updated to April 25, 2012 G:\CDES Planning Services \Comprehensive\2011 EAR -BASED GMP AMENDMENTS \Post -BCC transmittal - EAR -based GMPAs \Exhibit A CCME per BCC Approval - EAR -based Amendments - 4- 25- 12.docx MM Words underlined are added; words stfusk thedgh are deleted. TRANSMITTAL —AS APPROVED BY BCC ON 4 -24 -12 30 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 Goal, Objectives and Policies Capital Improvement Element (CIE) IL 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, suff ee water stormwater management systems, potable water systems, sanitafy sewer- 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. Words underlined are added; words stcask thmugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 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 (LAMP) 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)1.. 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 apprepriate relevant, appropriate and professionally accepted 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, of wastewater treatment, and dfainage — 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. Words underlined are added; words StFUGk theugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 2 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 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. Words underlined are added; words s#FUsk t Ngh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 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 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. 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 (FIHS). B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the e *eept'^~ of these en the Flerida h-Aratate Highway 3` ). M — Eellier- Ge , FDOT sets and maintains the LOS and for I -75. The standards for I -75 are as follows: Words underlined are added; words stnfsk thFOUgh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 4 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 EXISTING EXISTING TRANSITIONING RURAL AREA URBANIZED AREA URBANIZED AREA I -75 RD G G C. County Suf f „° Wat 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 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 Dfai age,' '^ * °r 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 E. County Sanitafy Sewef Wastewater Treatment Systems: [Revised text, page 6] Cauffty 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 G45 of Naples 14 5 bK.. o..., per- .,wr.tu re. day in the uuiuvv Ever-glades Git�. — inn ,,alle,,s „;t„ da -y Words underlined are added; words Neagh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing F. County Solid Waste Disposal Facilities: 3 -21 -12 [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-.9 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 (FINANCIAL 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 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 Words underlined are added; words stFuGk ttFough are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 6 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 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, 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, n,ffaee 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] Effective with plan ample * t ,' 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 Man agement Element including, but not limited to arterial and collector roads, sen 'tEe— wastewater treatment systems, potable water supply systems, sure water stormwater management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas, and park and recreation facilities. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 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.] Words underlined are added; words 6#64 thFaugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal_ Hearing 3 -21 -12 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, 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. * ** * ** * ** * ** * ** 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 Figuf° DI's' 1.1 "Collier County Water District Boundaries ", and Figure PW -2 and Figii.° DIxr 2.1 "Existing and Future Potable Water Service Areas ", in the Potable Water Sub - Element of the Public Facilities Element, and on Figure 84 WT 1 and Figur SS x-1.1, "Collier County Sewer District Boundaries ", and Figure &S-2 WT-2 ° ^a >~; cc 24, "Existing and Future Sewer Wastewater Treatment Service Areas ", in the Sanitafy Sewe 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. 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; Words underlined are added; words straw# are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 8 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 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. * ** * ** * ** * ** * ** 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, 5affitar-y Sewer— Wastewater Treatment, 13minage 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. 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 Words underlined are added; words stFUGk thFough are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 9 Exhibit "A" EAR -based GMP Amendments Capital Improvement Element — BCC Transmittal Hearing 3 -21 -12 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 Exhibit A-CIE — BCC Transmittal FINAL updated to April 25, 2012 G: \CDES Planning Services \Comprehensive\2011 EAR -BASED GMP AMENDMENTS \Post -BCC transmittal - EAR -based GMPAs \Exhibit A CIE per BCC Approval - EAR -based Amendments - 4- 25- 12,docx CS Words underlined are added; words stFYGk thpaugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 10 Exhibit "A" EAR -based GMP Amendments Stormwater Management Sub - Element — BCC Transmittal Hearing 3 -21 -12 Goal, Objectives and Policies Public Facilities Element/Drainage Sub - Element (DS -E) GOALS, OBJECTIVES AND POLICIES [Revised text, page 3] DRAINAGE SUB ELEMENT GOAL: [Rephrased to improve format as a "goal ", revised text, page 3] COLLIER IEV (;0 NTY SHALL r L 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 FA CILITY PLANNING FOR DRAINAGE SYSTEMS): [Rephrased to improve format as an "objective ", revised text, page 3] The County shall Utilize the Annual Update and Inventory Report on Public Facilities (AUIR) process to update the Dr-ai3 ^ e Atlas Maps County Geographic 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. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 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 mana ement 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 * ** * ** * ** * ** * ** Words underlined are added; words strask ttt are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 1 Exhibit "A" EAR -based GMP Amendments Stormwater Management Sub - Element— BCC Transmittal Hearing 3 -21 -12 OBJECTIVE 2: Rephrased to improve format as an "objective ", revised text, page 4] The Caunt', 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. Policy 2.1: [Revised text, pages 4, 5, 6] level of seFviee will be di f a if a NOW "I i ■I MA Words underlined are added; words stfask thmugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 2 Exhibit "A" EAR -based GMP Amendments Stormwater Management Sub - Element — BCC Transmittal Hearing MiSCEL A NEnr m INTEP OR WETLA -14D QVQfl 3 -21 -12 Policy 2.1: The levels of service standards (LOSS) for drainage facilities and stormwater management systems appear in Policy 1.5; subsection "C" in the Capital Improvement Element. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** OBJECTIVE 3: [Rephrased to improve format as an "objective ", revised text, page 6] 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. Words underlined are added; words strusk thFsugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 3 Exhibit "A" EAR -based GMP Amendments Stormwater Management Sub - Element — BCC Transmittal Hearing 3 -21 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 3.4: [Revised text, page 61 County improvements to, and maintenance of existing drainage facilities shall be a priority over new construction projects in the urban and estates designated areas_ (exel sive 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 G^,,,,+y shat a 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] Capital ImpfevemeRt Element of this Plan. These pfojeets shall be undeftaken in e8er-dinatieft with the B.5 Cypress B a.4+1 Se A Froi ai WA cr- Management n' s+rrcr+ c v ccr vr ar. County capital stormwater mana ement 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. 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] The CetR4y shall eenfii+ue to 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). Words underlined are added; words steUsk thfeugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 4 Exhibit "A" EAR -based GMP Amendments Stormwater Management Sub - Element - BCC Transmittal Hearing 3 -21 -12 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 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 County 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 -af Revie,A 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: Words underlined are added; words stFUGk t4gugh are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 5 Exhibit "A" EAR -based GMP Amendments Stormwater Management Sub - Element — BCC Transmittal Hearing 3 -21 -12 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. 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 for- EnVir-enmental Reseur-ee Pe Appheations Environmental Resource Permit Information Manual, Volume IV, 2009 ". 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 d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and h. Other relevant, appropriate and professionally accepted 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 Exhibit A- Stormwater Management Sub -E — BCC Transmittal FINAL updated to April 25, 2012 G:ICDES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTS1Post -BCC transmittal - EAR -based GMPAs\Exhibit A Drainage per BCC Approval - EAR -based Amendments - 4- 25- 12.docx CS Words underlined are added; words 6tFUGk thFough are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 6 Exhibit "A" EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub- Element — BCC Transmittal Hearing 3 -21 -12 Goal, Objectives and Policies Public Facilities Element/Natural Groundwater Aquifer Recharge Sub - Element (NGWAR) GOALS, OBJECTIVES AND POLICIES [Revised text, page 1] ]NT A TT TD A T GROUNDWATER A Q IFE D EGH A D GE SUB ELEMENT GOAL: [Rephrased to improve format as a "goal ", revised text, page 1] n E COUNTY SHALL 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 Coup y shall eonti ue to r _Review every live 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 bienaial 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 1 ] The County shall revise and update its 3- dimensional computer models of ground ,. atef 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. Policy 1.3: [Revised text, page 1 The County shall maintain and update data on existing land uses and land use activities that possess the greatest potential for gr-etmd wter groundwater contamination. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 1.5: [Revised text, page 1 ] 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 offieial pubheatiefts dated April, 2000 (and sehedu ete be published Lower West Coast Water Supply Plan, as amended. OBJECTIVE 2 (PROTECTION OF GROUNDWATER QUALITY): [Rephrased to improve format as an "objective ", revised text, page 1] Protect groundwater from pollutant discharges that may cause exceedance of applicable Federal and State water quality standards. Words underlined are added; words stRIG14 through are deleted. TRANSMITTAL FINAL — BCC 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element — BCC Transmittal Hearing 3 -21 -12 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 Rev4e,,, Elated r.,,,,..,,.., 2004 Environmental Resource Permit Information Manual, Volume IV, 2009. G .etmd w of 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 linage Stormwater Management Sub - Element. Policy 2.3: [Revised text, page 2] The County standards for protecting the quality of gfound water 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 ground - =:Pater 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 QUALITYMONITORING): [Rephrased to improve format as an "objective ", revised text, page 2] The (''^,,,,,tt, shall eenti ue to e 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 gf eund wa4ef groundwater protection program. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Policy 3.4: [Revised text, page 3] The County shall continually gather and evaluate appfepfiate relevant, appropriate and professionally accepted data for the purpose of refining and improving the groundwater quality monitoring database used in the County's 3- dimensional =once groundwater model. Words underlined are added; words strask -threes are deleted. TRANSMITTAL FINAL - BCC 4 -24 -12 2 Exhibit "A" EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element — BCC Transmittal Hearing 3 -21 -12 Policy 3.5: [Revised text, page 3] Collier County shall continue to conduct water resource planning with appropriate County, City of Naples, and South Florida Water Management District staff to provide for ground water groundwater resource development, utilization, and conservation. OBJECTIVE: 4 (PUBLIC EDUCATION WITH REGARD TO GROUNDWATER PROTECTION ISSUES): [Rephrased to improve format as an "objective ", revised text, page 3] Provide the public with educational materials concerning gr-o na water groundwater protection issues in Collier County. These fftay materials include, but shall not be are not limited to, the preparation of annual technical publications of ger 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 f'D'L RECHARGE AREAS AND GROUNDWATER RESOURCES): [Rephrased to improve format as an "objective ", revised text, page 31 The County shall immplefnet4 Continue implementing plans to preserve e al gfound water groundwater recharge areas and gy-ound water groundwater resources, aiid will along with reviewing, evaluateiqg, and revisein (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 s r,,.^,. groundwater needs. Policy 5.2: [Revised text, page 3] The County shall continue to identify cfitieal 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 eritieal recharge areas. * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** Words underlined are added; words stFUGk thrsugh are deleted. TRANSMITTAL FINAL — BCC 4 -24 -12 Exhibit "A" EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element — BCC Transmittal Hearing 3 -21 -12 Policy 5.5: [Revised text, page 4] 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 special events, such as its hazardous waste collection day, at least 'wiee p° year targeting residential households bt4 alse and allowing small businesses to participate to insure consumer demand is met. * ** * ** * ** * ** * ** page break * ** * ** * ** * ** * ** MAP CHANGES: 1. Map 1, Groundwater Recharge to the Surficial Aquifer • This map is to be updated. 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer • This map is to be updated. EAR Exhibit A -NGWAR Sub -E — BCC Transmittal FINAL updated to April 25, 2012 G.1CDES Planning ServicWComprehensive12011 EAR -BASED GMP AMENDMENTS1Post -BCC transmittal - EAR -based GMPAs\Exhibit A NGWAR per BCC Approval - EAR -based Amendments - 4- 25- 12.docx CS Words underlined are added; words StFUGk are deleted. TRANSMITTAL FINAL — BCC 4 -24 -12 4 Patricia L. Moraan From: LenbergerSteve <SteveLenberger @colliergov.net> Sent: Tuesday, September 04, 2012 12:21 PM To: Bob Kransowski; Brad C; David Durrell; DHN; Don; Doug Fee; Eric Staats (estaats @naplesnews.com); Laura Layman; Marcia Cravens; Minutes and Records; Nancy Payton; Nicole Ryan; Patricia L. Morgan; RKS (rks @jbglaw.net); SCHAPIN43 @aol.com Cc: BrownAraque, Summer Subject: September 5, 2012 EAC meeting Attachments: 5 -Sept - Draft EAC stormwater management memo 090212.pdf, 5 -Sept - population information for draft memo.pdf Attached is additional information which was requested to be distributed for the meeting tomorrow. Thank you! Stephen Stephen Lenberger Senior Environmental Specialist Surface Water and Environmental Planning Section Natural Resources Department Growth Management Division — Planning and Regulation 239 -252 -2915 Steve Len berger @coIliergov. net m l., deb Ronda Law e, mau admesses are, records' if ymu do not won yogi e -rya i arlldre" " >s r .erased In response to a pub :ir, fet.c,rrf ^, requeasi.. do not. Send .:,t. #e:n;f;;ratf to tti > .nt;:y. '°r5'.t.a:f_ r.., F t tl 3,_ o'fk:(.: by tek pho e- or In urriti g MEMORANDUM DATE: TO: Collier County Board of County Commissioners (BCC) FROM: Collier County Environmental Advisory Council (EAC) RE: Stormwater Management (DRAFT) Pursuant to Section 2- 1193(a) of the Collier County Code of Ordinances, the EAC is authorized to "Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County." The EAC seeks to raise awareness to environmental issues that should be assessed more thoroughly and evaluated in comparison with abutting counties listed below that may impact Collier County. The EAC hopes this memorandum will stimulate additional public debate and inspire new policy. Introduction. When we water our yards, landscaping, and agriculture Dudy's material], or during rainfall, water that isn't absorbed into the ground must flow somewhere depending on the nature of the topography and existing man -made infrastructure. How we manage this "stormwater" has public health and environmental consequences. Prior to intensified urbanization, surface waters flowed through wetlands in Collier County and into our primary estuaries.' Intense development over the past 70 years, including the extensive canal construction has substantially altered natural drainage patterns. Now all but the Ten Thousand Islands estuary are impaired with at least one type of pollutant directly linked to urbanization. ' Collier's major watersheds flow into five large estuaries: Ten Thousand Islands, Rookery Bay, Naples Bay, and Wiggins Pass. There are other smaller and important estuaries along our coastline that require protection. Collier County Watershed Management Plan The Watershed Management Plan (WMP)2 was developed to protect water resource quality and quantity within each drainage area or watershed. The WMP identifies serious environmental and public health issues including: 1) excessive fresh water discharges from canals (including ground water discharges) especially to Naples Bay; 2) reduced protection provided by current surface water systems; 3) pollutant loading associated with development may degrade water quality due to pollutant loading associated with development and agriculture; and 4) aquifer impacts due to canal discharge, reduced ground water recharge, and potable and agricultural withdrawal demands. Growth Management. The WMP unequivocally links land use with pollution in the "down stream" estuaries that are vital to this community. Collier's growth rate between 1990 and 2000 was . By comparison Florida's rate was 17.6 percent. Collier's total population, urban and rural, is approximately 330,000, and population growth is projected to be 376,000 in the year 2020, or percent. The planning community within Collier that has the highest project growth rate at percent is . Projected growth rates for the remaining planning communities are: North Naples (�, South Naples (�, Central Naples (), East Naples Golden Gate �_), Urban Estates (�, Rural Estates (_�, Marco, Royal Fakapalm, �), Corkscrew Immokalee(), and Big Cypress ( ). Growth management planning is essential to accommodate new development because future land use is the key to, among other things, restoring and protecting our estuaries. Intra County and Regional Coordination.. Collier County is diverse. With urbanized, rural fringe, rural, agricultural, and conservation areas. We have both incorporated cities and unincorporated areas. Growth management and stormwater management coordination is imperative. Uncoordinated decisions in one area likely will impact other areas. Preparation for population growth countywide within planning areas is vital. Understanding how other counties in our region accommodate development and manage stormwater is a necessity. The following provides a snapshot of regional stormwater strategies and offers recommendations for Collier County. 2 Prepared by Collier County Stormwater and Environmental Planning Section and Atkins North America, finalized November 2011 and accepted by the BCC on December 13, 2011. The WMP is online at' www.colliergov.net /Index.aspx ?page -2302. Pa The WMP was developed to satisfy a Growth Management Plan commitment to assess and protect water resources. The project was funded in 2007. Atkins (formerly PBSJ) was hired in 2009 to update the Big Cypress Basin hydrologic / hydraulic model, and develop the WMP. They reviewed existing reports, evaluated existing water resource conditions and developed alternatives to restore or mitigate identified problems. The WMP in and of itself is not intended to be regulatory. The WMP recommended initiatives may lead to regulations and /or regulatory policies. The Collier County recommendations serve as a guide in developing policies, programs, ordinances or regulations to restore and protect Collier water resources. For instance, nutrient pollution as a major contributor to our water quality. Phosphorous pollution from citrus, high density residential housing and field crops, and Nitrogen from citrus, field crops and residential -low density housing are identified concerns. Collier County recently enacted a Fertilizer Ordinance designed to reduce contributions in the urban area, but not agriculture. A comparison of Lee's GMP and LDC with those of Collier County regarding stormwater strategies suggests that both counties seem to be actually. How each funds stormwater management is different. Lee County is divided into "drainage districts" and charges a stormwater tax according to impact within these districts. Lee County It should be noted that Sarasota County also charges a stormwater taxes countywide. It appears eight to 10 Florida counties have taxes in place dedicated to improving and managing stormwater. South Florida Water Management District (SFWMD) was instrumental in determining the drainage districts and appropriate taxes for Lee County. Map series, quality and timeliness in Charlotte County is outstanding. The maps clearly show re- charge areas. In an effort to preserve floodplain areas, wetlands and aquifer re- charge areas, Charlotte County Charlotte limits development in those impacted areas. Charlotte County development in western part of the county concentrates on urban revitalization and infill encouraging development where stormwater management is already in place. Miami -Dade County Compromises in Miami -Dade stormwater system and aging infrastructure problems related to the stormwater system have been identified by the South Florida Regional Planning Council (SFRPC). 'The Everglades Plan to restore water flow will have a minor impact on the Big Cypress area in Collier County. Southeast Florida is focusing on very expensive and retroactive `fixes' for their stormwater and related infrastructure problems. As Collier County urbanizes, policies must prevent stormwater issues rather than "fixing" them after the fact. Monroe County requires that new single family and duplex homes located in subdivisions that do not have an existing stormwater management system must provide an on site stormwater management plan. Alterations of existing facilities which result in an increase in impervious area also fall under this requirement. Monroe County has an abundance of existing subdivisions which have not been built out. Most of these subdivisions were designed prior to requirements for including stormwater treatment systems. Monroe County As these subdivisions are built out there would be tendencies for the quantity of stormwater coming off them to increase while the quality deteriorates. The requirement for all new development to provide for stormwater treatment tends to reduce this problem. A similar requirement in Collier County would tend to reduce the trend in some of the existing large subdivisions that have many vacant 'lots to have increasing problems with flooding and deteriorating water quality at no significant cost to the County. The Sarasota Stormwater Management Plan illustrates the County's uses of multiple infrastructure for stormwater management: soft drainage approach, natural drainage ways, man made lakes, canals, road swales, and larger drainage pipes. Sarasota uses flooding protocols throughout the county. The County uses side berms to allow greater flows during flood event. Sarasota County Sarasota employs multiple flood control methods: larger lakes for better storage, over bank spillways, weir outflow structures, man made canals, larger road swales configured as a pan bottom, and canal flow structures. Sarasota has identified the following strategies for future improvements: reducing flow restrictions construction of new canals, and replace bridges that restrict flow. Recommendations. 1. Prepare a Collier County Low Impact Development Manual and then adopt Land Development Codes to implement innovative, cost neutral, onsite stormwater management. 2. Require onsite stormwater management, such as retention areas, for new construction in older large -lot subdivisions without treatment systems, rather than spending public funds on expensive swales and canals. 3. Adopt and implement growth management strategies, including incentives to direct new development into existing urban areas where stormwater management infrastructure is already in place. 4. Divide County into "drainage districts" and charges a stormwater tax according to impact within these districts. 5. Protect natural groundwater recharge areas by preserving natural sheet flow, particularly in areas of project high growth rates. 6. Work with SWIFWMD to identify and implement strategies for reducing nutrient pollution from agricultural operations (citrus and row crops) keeping harmful nutrients out of existing stormwater management systems. 5 From: BosiMichael Sent: Tuesday, September 04, 2012 9:21 AM To: LenbergerSteve Subject: RE: Information for draft EAC memo Steve, Below is the information regarding population. Thanks, mike The WMP unequivocally links land use with pollution in the "down stream" estuaries that are vital to this community. Collier's growth rate between 1990 and 2000 was 65 percent (152,099 in 1990 to 251,377 in 2000). By comparison Florida's rate was 17.6 percent. Collier's total population, urban and rural, for 2010 is estimated at 321,520, and population growth is projected to be 376,000 in the year 2020, or a 16.9 percent increase. The planning community within Collier that has the highest project growth rate at 370 percent is Corkscrew. Projected growth rates for the remaining planning communities are: North Naples (8.2 %), South Naples (26.9 %), Central Naples (4.3 %), East Naples (1.3 %), Golden Gate (5.2 %), Urban Estates (14 %), Rural Estates (3.8 %), Marco (1.6 %), Royal Fakapalm, (66.2 %), Corkscrew (370 %), Immokalee(8.9 %), and Big Cypress (15%). From: LenbergerSteve Sent: Tuesday, September 04, 2012 7:41 AM To: BosiMichael Cc: LorenzWilliam; KurtzGerald; WeeksDavid; MoscaMichele; BellowsRay Subject: Information for draft EAC memo Hi Michael! We have been requested by the vice - chairman of the EAC to assist with population growth rates and information identified in the attached draft memo to the BCC. Can your staff insert the requested information into the memo? Thank you! Stephen From: DickmanAndrew Sent: Monday, September 03, 2012 3:47 PM To: LenbergerSteve Subject: RE: September 29, 2012 EAC Subcommittee meeting Hi Steve, here's the draft of the subcommittee's memo on stormwater management that we want to discuss at the EAC. I'll need some staff assistance with the growth rates on the first page. Please get this out to the members and put it on the agenda. thanks. AD