Agenda 02/27/2002 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
RURAL FRINGE FINAL HEARING AGENDA
February 27, 2002
9:00 a.m.
Max Hasse Jr. Community Park
Golden Gate Boulevard, Naples, 34120
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
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February 27, 2002
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. Pledge of Allegiance
Transmittal Draft of Collier County Growth Management Plan (GMP) Amendments
addressing the requirements of the Final Order (AC-99-02) issued by the State of
Florida Administration Commission on June 22, 1999, excluding the Eastern Lands
Portion of the Rural and Agricultural Assessment.
3. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
2
February 27, 2002
COLLIER COUNTY
Transmittal Growth
Management Plan
Amendments
For The
RURAL FRINGE
AGRICULTURAL
ASSESSMENT AREA
February 27, 2002
FINAL ORDER
F, inal Order Page 1 of 17
Collier County Natural Resources
GROWTH MANAGEMENT PLAN
Final Order
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STATE OF FLORIDA
ADMINISTRATION COMMISSION
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
and
COLLIER COUNTY AUDUBON
SOCIETY, INC., and FLORIDA
WILDLIFE FEDERATION,
CASE NO. ACC-99-002
v. DOAH CASE NO. 98-0324GM
FINAL ORDER NO. AC-99-002
Interv
COLLIER COUNTY, a political
subdivision of the State of Florida,
Respondem,
and
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Final Order
COLLIER COUNTY SCHOOL
BOARD,
Intervenor.
Page 2 of 17
FINAL ORDER
This cause came before the Governor and Cabinet sitting as the Administration Commission
(Commission), on June 22, 1999, on the Recommended Order entered pursuant to Section 163.3184(10)
(b), Florida Statutes, in Division of Administrative Hearings Case No.
98-0324GM.
Background and Introduction
On April 6, 1996, Collier County (County) adopted an Evaluation and Appraisal Report (EAR) for its
local comprehensive plan. On November 14, 1997, the County adopted EAR-based amendments to its
plan. On December 24, 1997, the Department of Community Affairs (Department) issued its Notice and
Statement of Intent to find the County's EAR-based amendments not "in compliance" as defined in
Section 163.3184(1)(b), Florida Statutes.
Pursuant to Section 163.3184(10)(a), Florida Statutes, the Department's petition for formal
administrative heating was forwarded to the Division of Administrative Hearings, and an Administrative
Law Judge was assigned. A five day formal hearing was conducted in May 1998, in Naples, Florida.
The Administrative Law Judge issued a Recommended Order on March 19, 1999, finding all challenged
EAR-based amendments not "in compliance." No parties filed exceptions to the Recommended Order.
Upon our review of the record and the Recommended Order, this Commission hereby adopts all
of fact and conclusions of law in the Recommended Order.
Compliance Determination
Pursuant to Section 163.3184(11), Florida Statutes, the Commission is authorized to take fmal agency
action regarding whether comprehensive plan amendments are "in compliance." The Commission finds
that all of the County's EAR-based amendments at issue in this proceeding are not "in compliance," and
should be rescinded and not made effective. The specific amendments are as follows:
1. Intergovernmental Coordination Element Policy
1.2.6 (Ordinance No. 97-56).
2. Public Facilities Element / Natural Groundwater
Aquifer Recharge Subelement Objective 1.2 and
Policies 1.2.1 through 1.2.4 (Ordinance No. 97-59).
3. Public Facilities Element / Drainage Subelement
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Policy 1.1.2 (Ordinance No. 97-61).
4. Housing Element (Ordinance No. 97-63).
5. Golden Gate Area Master Plan Policies 2.1.4 and
2.2.3 (Ordinance No. 97-64).
6. Conservation and Coastal Management Element
Objectives 1.1 and 1.3, and Policies 1.1.1, 1.1.2, 1.1.3,
1.3.1; Objective 12.1 and Policy 12.1.2; Policy 12.2.5;
Objective 6.3; Objective 7.3; Objective 9.4; Objective
9.5; and Objective 11.6 (Ordinance No. 97-66).
7. Future Land Use Element Policy 3.1.d and the
Future Land Use Map depiction of the Coastal High
Hazard Area (Ordinance 97-67).
Collier County should rescind these amendments not later than September 14, 1999, and should not
make these amendments effective.
Remedial Actions
Pursuant to Sections 163.3184(11) and 163.3189(2)(b), Florida Statutes, the Commission is authorized
to specify remedial actions which would bring the plan amendments into compliance. The Commission
directs the County to complete the following Remedial Amendments and Interim Amendments.
I. Remedial Amendments
The County shall develop and transmit the following remedial amendments to the Department in
accordance with the schedule set forth in this order.
A. Adopt provisions into the Collier County Comprehensive Plan to guide school siting as follows:
1. Public schools and school facilities shall be an
allowable use in all land use categories in areas
designated "Urban" on the Future Land Use Map.
2. Public schools and school facilities shall be an
allowable land use in all land use categories in areas
designated "Estates" north of Interstate 75 and all
areas designated "Settlement District."
3. Public schools and school facilities shall not be
allowed in any area designated "Conservation,"
"Natural Resource Protection Area,"
"Agricultural/Rural," or the Big Cypress Area of
Critical State Concern.
4. As necessary, require the adoption of Land
Development Regulations to implement these
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provisions.
B. Coordinate with the South Florida Water Management District and adopt provisions into the Collier
County Comprehensive Plan to provide measurable and adequate levels of protection to be extended to
groundwater resources and aquifer recharge areas as follows:
1. Classify the aquifer recharge areas in the County by
recharge amount per year. Identify all prime or high
aquifer recharge areas adopted by the South Florida
Water Management District Governing Board.
2. Adopt Goals, Objectives, and Policies to protect the
functions of all aquifer recharge areas. Prime or high
recharge areas shall enjoy the most stringent
protections.
3. Adopt Goals, Objectives, and Policies applicable to
all development regarding the protection of
groundwater quality and quantity.
4. As necessary, require the adoption of Land
Development Regulations to implement these
provisions.
C. Adopt provisions into the Collier County Comprehensive Plan to establish guidelines and criteria for
discharge rates and adequate water management capacity to protect natural drainage features as follows:
1. Establish a drainage level of service for all
development which is based on at least the following
criteria:
a. rate and quantity;
b. quality; and
c. basin.
2. Require stormwater discharge to meet or exceed all
State and Federal guidelines.
3. As necessary, require the adoption of Land
Development Regulations to implement these
provisions.
D. Adopt provisions into the Collier County Comprehensive Plan regarding farmworker housing that
would be based upon the best available data and that would contain guidelines and criteria for the
location of such housing as follows:
1. Utilize the most recent data available from the
Shimberg Center at the University of Florida, the 1999
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"Study on Migrant Farmworker Housing" prepared by
the University of Florida, Florida Department of State,
and Southwest Florida Regional Planning Council, or
other best available data.
2. Based on the data specified immediately above,
adopt Goals, Objectives, and Policies to:
a. provide an adequate supply
of farmworker housing,
including measurable goals
such as additional new units
per year;
b. provide locational
guidelines to ensure that the
housing best suits the needs
of the farmworkers by close
location to transportation
opportunities, shopping
opportunities, health care,
and the like; and
c. ensure maximum use of
available funds to establish
new housing units and to
improve substandard
farrnworker housing.
3. Based on the data specified above, adopt Goals,
Objectives, and Policies to eliminate substandard
farmworker housing.
4. As necessary, require the adoption of Land
Development Regulations to implement these
provisions.
E. Amend the Collier County Comprehensive Plan to contain provisions to ensure hurricane evacuation
times are maintained or reduced as follows:
1. Amend Objective 12.1 in the Coastal and
Conservation Element to provide for the maintenance
or reduction in hurricane evacuation times.
2. Eliminate the language in Objective 12.1 that
merely requires the "continued encouragement" of
certain undertakings.
3. Adopt policies to accomplish Objective 12.1
through specific programs and activities.
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4. As necessary, require the adoption of Land
-- Development Regulations to implement these
provisions.
F. Amend Coastal and Conservation Element Policy 12.2.5 to define the coastal high hazard area as at
least that area in the category 1 evacuation zone as defined in the 1996 Southwest Florida Regional
Planning Council Hurricane Evacuation Study Update.
G. Adopt into the Collier County Comprehensive Plan provisions to ensure storage tank regulations
protect groundwater quality as follows:
1. Require implementation of a storage tank
compliance program, which shall either be (a)
incorporated into the Plan by reference, or (b)
sufficiently described in the Plan so as to be
enforceable and measurable.
2. Require coordination with the Department of
Environmental Protection to ensure appropriate
protection for storage tanks located in existing or
planned water wellfields, as well as those located in
high or prime groundwater recharge areas.
3. As necessary, require the adoption of Land
Development Regulations to implement these
provisions.
H. Adopt provisions into the Collier County Comprehensive Plan to implement the following industrial
septic tank provisions:
1. Encourage heightened treatment standards for septic
tanks located in existing or planned water wellfields,
as well as those located in high or prime groundwater
recharge areas.
2. As necessary, require the adoption of Land
Development Regulations to implement these
provisions.
I. Adopt into the Collier County Comprehensive Plan the following provisions for Coastal Barrier and
Beach System Management:
1. Restrict densities on undeveloped coastal barriers to
one unit per five acres. Include at least the following
as undeveloped coastal barriers:
a. Wiggins Pass Unit FL-65P
b. Clam Pass Unit FI-64P
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c. Keywaydin Island Unit P-
16
d. Tigertail Unit FI-63-P
e. Cape Romano Unit P-15
2. Require beachfront development to protect and
restore dune vegetation.
3. Require site alterations to concentrate impacts in
previously disturbed areas.
4. Require boathouses, boat shelters, dock facilities,
and other like facilities to avoid impacts to existing
seagrass beds.
5. As necessary, adopt Land Development Regulations
to implement these provisions.
J. Adopt into the Collier County Comprehensive Plan provisions to protect wellheads
and wellfields as follows:
1. Require groundwater quality to meet all applicable
State and Federal water quality standards not later than
January 2002, and to maintain said quality thereafter.
2. Adopt maps depicting existing and planned future
wellfields.
3. Adopt maps depicting existing wellheads and
wellhead protection areas or wellfield risk
management zones. These zones should be drawn as
follows:
a. W-l: The land
immediately surrounding the
wellhead and extending 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: The land between the
W-1 boundary and the ten
percent ground water capture
zone boundary line (which
approximates the two year
ground water travel time to
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the wellfield).
c. W-3: The land between the
W-2 boundary and the
twenty-five percent ground
water capture zone boundary
line (which approximates the
five year ground water travel
time to the wellfield).
d. W-4: The land between the
W-3 boundary and the one
hundred percent ground
water capture zone boundary
line (which approximates the
twenty year ground water
travel time to the wellfield).
4. Restrict land uses 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-l,
W-2, W-3.
c. Future solid waste storage,
collection, and recycling
storing hazardous products
and hazardous wastes:
prohibited in W-l, W-2, W-3.
d. Future non-residential uses
involving hazardous products
in quantities exceeding 250
liquid gallons or 1,000
pounds of solids: provide for
absorption or secondary
containment in W-1, W-2,
W-3.
e. Future domestic
wastewater treatment plants:
prohibited in W-1.
f. Future land disposal
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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 & W-2,
conditional use required in
W-3 & W-4.
i. Conditional uses shall be
granted only in extraordinary
circumstances and where
impacts of the development
will be isolated from the
Surficial and Intermediate
Aquifer.
5. As necessary, adopt Land Development Regulations
to implement these provisions.
K. Amend the future land use map series to depict the coastal high hazard area as at least that area in the
category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council
Hurricane Evacuation Study Update.
Furthermore, the County is ordered to coordinate with the Department of Environmental Protection
regarding storage tanks and with the Department of Environmental Protection and Department of Health
regarding industrial septic tanks to avoid duplication of efforts, and the appropriate jurisdictional
agencies to ensure compliance with wetland permitting requirements. The County shall cooperate with
the Department of Environmental Protection in the determination, listing and restoration of impaired
water bodies as may be required by the provisions of the Watershed Restoration Act of 1999.
In accordance with the schedule set forth in this order, the Department of Community Affairs shall
review these proposed remedial amendments and issue its Objections, Comments, and
Recommendations Report; the County shall thereafter proceed to adopt the remedial amendments; and
the Department shall review these amendments and issue its Notice of Intent. A copy of the Notice shall
be provided to the Commission.
II. Interim Amendments
The above-cited remedial amendments do not address several amendments deemed to be not "in
compliance." Specifically, issues regarding South Golden Gate Estates (Ordinance No. 97-64), Natural
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Resource Protection Areas (Ordinance No. 97-66), Wetland Protection (Ordinance No. 97-66) and
--Wildlife Protection (Ordinance No. 97-66) are not resolved by the above remedial amendments.
These issues are to be addressed by "The Collier County Rural and Agricultural Area
Assessment" (Assessment). The Assessment will allow Collier County the opportunity to devise a
community-based approach to bring the EAR-based amendments into compliance by a community-
created plan for the future. This plan will take the form of future amendments to the Collier County
comprehensive plan. The Commission encourages the County to consider the appropriateness of
undertaking this Assessment in phases designed to address short-term as well as long-term community
needs and geographical differences. Any amendments resulting from a phased assessment must be
coordinated with remedial amendments required herein as well as any furore phased amendments.
The Assessment must be a collaborative, community-based effort with full and broad-based public
participation. The Assessment must be undertaken with heightened cooperation and assistance from
State and Regional agencies. These agencies are hereby directed to provide necessary information
regarding natural resources, water quality and quantity, sustainable development patterns, and other
issues as they may arise. The agencies are also directed to consider purchase of areas identified as
sensitive or otherwise warranting permanent protection from the impacts of development.
The Geographic Scope of the Assessment Area ("Area") shall be as follows:
Includes: All lands designated Agricultural/Rural
Big Cypress Area of Critical State Concern
Conservation lands outside the Urban boundary
South Golden Gate Estates
Excludes: All Urban designated areas
Northern Golden Gate Estates
The Settlement District
Regarding lands in public or private ownership for conservation purposes such as the CREW Trust
lands, Corkscrew Swamp Sanctuary, Picayune Strand State Forest, Collier-Seminole State Park,
Rookery Bay National Estuarine Research Reserve, Cape Ramano-Ten Thousand Islands Aquatic
Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Everglades
National Park, and Big Cypress National Preserve, the Assessment will rely upon the information and
management plans already in existence for these lands. The Assessment shall focus its data collection
efforts on privately-owned lands. In coming forward with any comprehensive plan amendments based
on the Assessment or any phase thereof, the County shall take the information from both the privately-
held lands and the publicly-held lands into account, and shall ensure that any ensuing plan amendments
are coordinated with the biological and hydrological needs of these conservation lands such as
interconnected wetland systems and listed species habitat.
At a minimum, the Assessment must identify means to accomplish the following:
1. Identify and propose measures to protect prime
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agricultural areas. Such measures should prevent the
premature conversion of agricultural lands to other
uses.
2. Direct incompatible uses away from wetlands and
upland habitat in order to protect water quality and
quantity and maintain the natural water regime as well
as to protect listed animal and plant species and their
habitats.
3. Assess the growth potential of the Area by
the potential conversion of rural lands to other uses, in
appropriate locations, while discouraging urban
sprawl, directing incompatible land uses away from
critical habitat and encouraging development that
utilizes creative land use planning techniques
including, but not limited to, public and private
schools, urban villages, new towns, satellite
communities, area-based allocations, clustering and
open space provisions and mixed use development.
The Assessment shall recognize the substantial
advantages of innovative approaches to development
which may better serve to protect environmentally
sensitive areas, maintain the economic viability of
agricultural and other predominantly rural land uses,
and provide for the cost-efficient delivery of public
facilities and services.
Public participation will be the hallmark of this planning effort. The participation must be wide in scope
with broad community input. State and Regional agencies are hereby directed to participate and assist in
the effort. The County shall ensure community input through workshops, public opinion surveys, and
committees as necessary to undertake various tasks in the study.
During the period in which this Assessment is being undertaken, it is necessary to establish interim
development provisions for the Area. These interim development provisions are essential to respond to
the deficiencies identified in the Recommended Order.
Residential and other uses in the Area for which completed applications for development approval,
rezonings, conditional uses, subdivision approval, site plan approval, or plats were filed with or
approved by Collier County prior to June 22, 1999, shall be processed and considered under Collier
County comprehensive plan as it existed and was in effect on June 22, 1999. All other development shall
be subject to the following interim development provisions.
Until the Assessment is complete and comprehensive plan amendments to implement the Assessment
are in effect, the only land uses and development allowable in the Area shall be those set forth in the
Collier County Comprehensive Plan (FLUE, LU-I-39-45) and Land Development Code (Section 2.2.2)
in effect on June 22, 1999, for the Agricultural/Rural District, except the following uses are prohibited
and shall not be allowed:
1. New golf courses or driving ranges.
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2. Extension or new provision of central water and
sewer service into the Area.
3. New package wastewater treatment plants.
4. Residential development except farmworker
housing or housing directly related to support farming
operations, or staff housing (12 du/acre) and other
uses directly related to the management of publicly-
owned land, or one single family dwelling unit per lot
or parcel created prior to June 22, 1999.
5. Commercial or industrial development except gas
and telephone facilities, electric transmission and
distribution facilities, emergency power structures, fire
and police stations, emergency medical stations.
6. Transient residential such as hotels, motels, and bed
and breakfast facilities.
7. Zoo, aquarium, botanical garden, or other similar uses.
8. Public and Private schools.
9. Collection and transfer sites for resource recovery.
10. Landfills.
11. Social and fraternal organizations.
12. Group care facilities.
13. Sports instructional schools and camps.
14. Asphaltic and concrete batch making plants.
15. Recreational Vehicle Parks.
Agricultural activities shall be subject to permitting requirements oft he South Florida Water
Management District and other regulatory authorities, as currently required.
If the County elects to address a specific geographic portion of the Area as a phase of the Assessment,
the above-listed interim land use controls shall be lifted from the specific geographic area upon
completion of the applicable phase of the Assessment and the implementing comprehensive plan
amendments for that phase becoming effective.
The Camp Keis Strand, CREW Lands, Okaloacoochee Slough, Belle Meade, and South Golden Gate
Estates shall be mapped and identified as Natural Resource Protection Areas (NRPAs). The general
location of these areas shall be identified in the proposed amendments setting forth the Assessment and
establishing the Interim Development Provisions. These areas shall be refined as actual data and analysis
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is made available. Within these NRPAs, only agriculture and directly-related uses and one single family
:lwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed.
The restriction on uses in the Area, including NRPAs, during the Assessment, or any phase thereof, shall
not affect or limit the continuation of existing uses. "Existing uses" shall also include those uses for
which all required permits have been issued, or uses for which completed applications have been
received by the County prior to June 22, 1999. The continuation of existing uses shall include
expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use
and do not require a rezoning or comprehensive plan amendment. Nothing in this order should be
construed as an endorsement or rejection of any part of any particular development.
In accordance with the schedule set forth in this order, the County shall develop and transmit proposed
Interim amendments to describe and initiate the Assessment and establish the Interim Development
Provisions; the Department of Community Affairs shall review these proposed remedial amendments
and issue its Objections, Recommendations, and Comments Report; the County shall thereafter proceed
to adopt these amendments; and the Department shall review these amendments and issue its Notice of
Intent. A copy of the Notice shall be provided to the Commission.
The County shall also adopt Land Development Regulations to implement the Interim Development
Provisions.
The Assessment shall be implemented through effective plan amendments three years from the date of
this Final Order, or the parties shall either:
1. Request an extension of the three year requirement
which may be authorized by the Administration
Commission; or
2. Appear before the Administration Commission and
present arguments as to sanctions or alternative
remedial actions.
The County may present comprehensive plan amendments for the Area prior to the three year deadline if
they effectuate and are consistent with the provisions of the Final Order.
The Department of Community Affairs shall confer with all parties and file with the Administration
Commission a progress report two years after entry of this Final Order.
Schedule for Remedial and Interim Plan Amendments
The County and the Department shall comply with the provisions of this order in accordance with the
following schedule:
1. The County shall rescind the EAR-based amendments determined not "in compliance" no later than
September 14, 1999.
2. The County shall develop and transmit to the Department the Interim Amendments (Assessment and
Interim Development Provisions) no later than September 14, 1999. The Department shall issue its
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Objections, Recommendations, and Comments Report (ORC) thirty (30) days from the date of the
~ :ansmission. The County shall have thirty (30) days from the date on which the ORC is issued to adopt
the Interim Amendments. The Department shall issue its Notice of Intent for the Interim Amendments
not later than forty-five (45) days from the date on which those Amendments were adopted.
3. The County shall adopt land development regulations to implement the Interim Development
Provisions no later than November 14, 1999.
4. The County shall develop and transmit to the Department the Remedial Amendments (Items A - K)
no later than November 30, 1999. The schedule for Department review and County adoption shall be as
set forth in Section 163.3184, Florida Statutes.
5. No later than June 22, 2002, all plan amendments necessary to implement the findings and results of
the Assessment, or any phase thereof, shall be effective or the parties shall request further action by the
Administration Commission as provided for in this order. No amendments resulting fi:om the
Assessment shall become effective prior to the effective date of the Remedial Amendments.
Sanctions
Pursuant to Section 163.3189(2)(b), Florida Statutes, Collier County may elect to make the above-listed
plan amendments effective notwithstanding the determination of non-compliance in this Final Order. If
Collier County rescinds the above-listed plan amendments by September 14, 1999, no sanctions shall be
imposed for the determination of non-compliance. The Commission retains jurisdiction to impose
sanctions if Collier County fails to rescind these amendments and instead elects to make any of the
above-listed amendments effective, or if the County fails to adopt the Remedial Amendments and
Interim Amendments identified above.
The following are the potential sanctions to be imposed:
1. All state agencies will be directed not to provide
funds to increase the capacity of roads, bridges, or
water and sewer systems within the boundaries of
Collier County.
2. Collier County will not be eligible for grants
administered under the following programs:
a. Florida Small Cities
Community Development
Block Grant Program, as
authorized by Sections
290.041-290.049, Florida
Statutes.
b. Florida Recreation
Development Assistance
Program, as authorized by
Chapter 375, Florida Statutes.
c. Revenue sharing pursuant
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to Sections 206.60, 210.20
and 218.61 and Chapter 212,
Florida Statutes, to the extent
not pledged to pay back
bonds.
In the event the County elects to make the plan amendments effective, fails to rescind the not "in
compliance" amendments, or fails to adopt the Remedial Amendments and Interim Amendments, the
Department shall inform the Commission of the failure and shall recommend sanctions to be imposed.
Notice of Rights
Any party to this order has the right to seek judicial review of the order pursuant to Section 120.68,
Florida Statutes, and Rules 9.030(b)(1)(c) and 9.110, Florida Rules of Appellate Procedure. To initiate
an appeal of this order, a notice of appeal must be filed with the Clerk of the Commission, Office of
Planning and Budgeting, Executive Office of the Governor, the Capitol, Room 2105, Tallahassee,
Florida 32399-0001, and with the appropriate District Court of Appeal within 30 days of the day this
order is filed with the Clerk of the Commission. The notice of appeal filed with the District Court of
Appeal must be accompanied by the filing fee specified in Section 35.22(3), Florida Statutes, and must
be substantially in the form prescribed by Rule 9.900(a), Florida Rules of Appellate Procedure.
You waive your fight to judicial review if the notice of appeal is not timely filed with the Clerk of the
Commission and the appropriate District Court of Appeal.
Mediation under Section 120.573, Florida Statutes, is not available with respect to the issues resolved by
this order.
DONE and ORDERED this
day of June, 1999.
Donna Arduin, Secretary
Administration Commission
FILED with the Clerk of the Administration Commission this
day of June, 1999.
Clerk, Administration Commission
CERTIFICATE OF SERVICE
http://project.neighborhoodamerica'c°m/c°llier-rural/d°cs/FinalOrder'htm
4/6/2001
Final Order
Page 16 of 17
I HEREBY CERTIFY that a true and correct copy of the forgoing was delivered to the following
persons by United States Mail or hand delivery this ~ day of June, 1999.
Honorable Jeb Bush
Governor
The Capitol
Tallahassee, Florida 32399
Honorable Katherine Harris
Secretary of State
The Capitol
Tallahassee, Florida 32399
Honorable Robert Milligan
Comptroller
The Capitol
Tallahassee, Florida 32399
Honorable Bill Nelson
Insurance Commissioner
The Capitol
Tallahassee, Florida 32399
Honorable Bob Butterworth
Attorney General
"-' The Capitol
Tallahassee, Florida 32399
Honorable Tom Gallagher
Commissioner of Education
The Capitol
Tallahassee, Florida 32399
Honorable Bob Crawford
Commissioner of Agriculture
The Capitol
Tallahassee, Florida 32399
Daniel Woodring, Esquire
Governor's Legal Office
The Capitol, Room 209
Tallahassee, Florida 32399
Steven M. Seibert, Secretary
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Thomas W. Reese, Esquire
2951 61st Avenue South
St. Petersburg, Florida 33712
David Jordan, Acting General Counsel
Shaw P. Stiller, Assistant General Counsel
Colin M. Roopnarine, Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Marjorie M. Student, Esquire
Rodney C. Wade, Esquire
Assistant County Attorneys
3301 East Tamiami Trail
Naples, Florida 34112
htto://proiect.neighborh°°damerica'c°m/c°llier-mral/d°cs/FinalOrder'htm
4/6/2001
Final Order
Kenneth B. Cuyler, Esquire
"'Director
Roetzel & Andress
District
850 Park Shore Drive
Naples, Florida 34103
Page 17 of 17
James Harvey, Interim Executive
South Florida Water Management
Post Office Drawer 24680
West Palm Beach, Florida 33416-4680
David B. Struhs, Secretary
Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 10
Tallahassee, FL 32399-2400
Robert G. Brooks, Secretary
Department of Health
1317 Winewood Blvd.
Tallahassee, FL 32399-0700
Honorable John C. Norris
Chairwoman
Collier County Board of Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
Honorable Pamela S. Mac 'kie,
Collier County Board of Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
Honorable James D. Carter
Collier County Board of Commissioners
3301 E. Tamiami Trail
Naples, Florida 34I 12
Honorable Barbara B. Berry
Collier County Board of Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
Honorable Timothy J. Constantine, Vice Chair
Collier County Board of Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
DONNA ARDUIN, Secretary
Administration Commission
updated 8/18/99
http://proj ect.neighborhoodamerica.com/collier-rural/d°cs/FinalOrder'htm
4/6/2001
SUMMARY OF PUBLIC
PARTICIPATION
RURAL FRINGE AREA ASSESSMENT
PUBLIC PARTICIPATION ACTIVITIES
Web Site - repository for all information: Posting of meeting agendas, minutes,
documents - 24/7 hour accessibility.
54 Advertised Public Meetings RFAC.
Signage in RFAC area notifying motorists/residents of Assessment.
Brochures/handouts outlining Final Order and Assessment Issues.
Channel 11, broadcasts and rebroadcasts.
Community Character Committee.
Conceptual Report to BCC June 2001 (all property owners individually notified).
Florida Chambers Growth Management Short Course Presentation (Orlando)
2000, 1999.
Naples Chamber Leadership Collier Classes, 2000, 2001,2002.
Big Corkscrew Island Community Property Owners (12-10-01).
Golden Gate Master Plan Restudy Committee.
Community Character & Smart Growth Horizon Committee.
Golden Gate Committee Meeting (12-13-01 and 1-9-02).
11 EAC Growth Management Subcommittee (various meetings during 2000,
2001).
EAC Transmittal Hearing (January 23, 2002 with full page ad in NDN) (February
6, 2002).
DSAC (February 6, 2002).
CCPC Transmittal Hearing (February 7, 2002, with Full page ad in NDN).
BCC Transmittal Hearing (February 27, 2002, with Full page ad in NDN &
Individual property owner notification).
EXECUTIVE SUMMARY
TRANSMITTAL DRAFT OF COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP)
AMENDMENTS ADDRESSING THE REQUIREMENTS OF THE FINAL ORDER (AC-99-02)
ISSUED BY THE STATE OF FLORIDA ADMINISTRATION COMMISSION ON JUNE 22, 1999,
EXCLUDING THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL
ASSESSMENT.
OBJECTIVE: To have the Board of County Commissioners review for Transmittal the attached draft GMP
Amendments intended to address the requirements of the Final Order, excluding the Eastern Lands portion of
the Rural and Agricultural Assessment (Assessment).
CONSIDERATIONS:
Back~round
Pursuant to the Final Order imposed by the Governor and Cabinet on June 22, 1999, the State of Florida has
mandated certain revisions to Collier County's Growth Management Plan. The Final Order directs the
County to conduct a Rural and Agricultural Area Assessment (the "Assessment") to collect the appropriate
data, gather public input and to develop amendments to the Growth Management Plan. Major issues to be
addressed by the Assessment include protecting wetlands, wildlife and their habitats, protecting prime or
unique agricultural lands from the premature conversion to other uses, and assessing the growth potential of
the Area by assessing the potential conversion of these rural lands to other uses, in appropriate locations. All
of this is to occur while discouraging urban sprawl, directing incompatible land uses away from critical
habitat and encouraging development that utilizes creative land use planning techniques. Such techniques
may include, but are not limited to, public and private schools, urban villages, new towns, satellite
communities, area-based allocations, clustering and open space provisions and mixed use development.
The Final Order allows the County to conduct the Assessment in phases. Accordingly, Collier County has
divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area, also
known as the "Immokalee Area Study." The Final Order requires that the County adopt GMP Amendments
developed as a result of the Assessment process by June 22, 2002, excluding the "Eastern Lands Area", for
which adoption of the GMP amendments is required by November 1, 2002. As part of this process, Collier
County has established the Rural Fringe Area Oversight Committee (RFAC) and the Eastern Lands Area
Oversight Committee (ELAC) to address the planning for each respective area. The Final Order notes that
public participation will be the "hallmark" of this planning effort. The primary mechanisms to involve and
inform the public and solicit community input during the Assessment process have included: advertised
meetings of the advisory committees; an interactive Rural Assessment web site containing all pertinent
documents, meeting agendas and minutes; presentations to various BCC advisory committees and
community, civic, and professional organizations; presentation to various stakeholder groups; and, several
special public meetings and workshops. The RFAC, for example, has held some 54 advertised meetings over
the past two years.
to the Collier County Board of County Commissioners (BCC) at a special advertised
owners in the Rural Fringe Area were notified by mail of this special meeting. The
(and the special BCC meeting) was as follows:
Conceptual Report
On June 13, 2001, a Conceptual Report on the Rural Fringe portion of the Assessment process was presented
No.
FEB 2 7 2002
· To inform the Board and the public of the various alternative land use strategies and tools that have
been developed by staff and the Rural Fringe Committee (with input from the public stakeholders and
from various interest groups);
· To respond to questions from the Board and the public regarding these strategies;
· To obtain direction from the Board regarding these strategies in order to facilitate the development of
specific amendments to the Collier County Growth Management plan, which will address the
requirements of the Final Order in this phase of the Assessment for the Rural Fringe lands; and
· To allow for additional public input and participation directly to the Board of County Commissioners.
GMP Amendments
The strategies contained in the draft Transmittal amendments are intended to address the requirements of the
Final Order in such a way as to balance private property rights with strategies to protect the County's vast
natural resources, particularly wetlands and listed species and their habitat. The major policy issues
addressed through these proposed GMP amendments are as follows:
· Protection of wetlands and listed species and their habitat;
· Upland protection measures;
· Measures to protect private property rights;
· Discouraging urban sprawl;
· Encouraging the use of innovative land use planning techniques;
· Impacts to adjacent public lands;
· Economic impacts; and,
· Conversion of rural lands to other land uses.
It should be noted that the Final Order also called for the development of measures to protect agricultural
land, and to foster the continued economic viability of agriculture in Collier County. In part, this will be
accomplished through strategies (in the form of Comprehensive Plan Goals, Objectives and Policies) that
prevent the premature conversion of agricultural lands. The vast majority of agricultural operations in
Collier County occur in the Eastern Lands Area portion of the Assessment Area. For this reason, measures
to prevent the premature conversion of agricultural lands and to foster the continued economic viability of
agriculture will be addressed as part of the Eastern Lands Area portion of the Assessment. Nevertheless,
certain provisions, such as Transfer of Development Rights (TDR), Clustering, and Rural Villages,
developed through the Rural Fringe Assessment process primarily as strategies to protect natural resources
and private property rights, may also have the effect of fostering the economic viability of agriculture and
reducing the premature conversion of agricultural lands.
The GMP Transmittal amendments may apply to specific areas of the County, such as the proposed Rural
Fringe Mixed Use District, or may apply universally throughout the County, such as the proposed wetland
and wildlife protection policies. [Note: any policies which are intended to apply Countywide do not apply to
the portion of the Assessment identified on the FLUE as the Eastern Lands portion of the Assessment Area
(aka the Immokalee Study Area), as the Assessment for this area has not yet been completed.]
The Rural Fringe Mixed Use District represents a transitional area between suburban lands in Golden Gate
Estates and the County's urban lands, and between the urban area and the vast natural lands and significant
agricultural operations farther to the east. The GMP amendments that apply to the Rural Fringe Mixed Use
District have been developed with consideration of the unique characteristics of this transitional area. The
Rural Fringe Area contains significant wetlands and valuable wildlife habitat. The data indicates that
portions of these lands provide habitat for a number of listed species, including FI{ :ida Panthers_ Black.,
Bears, Wood Storks, and Red Cockaded Woodpeckers.
I~1o.
2 FEB 2 7 2092
The GMP Amendments utilize a balanced approach, employing both regulations and incentives, to address
the requirements of the Final Order. Some of the proposed policies are employed at the landscape scale and
others at the site-specific scale. In terms of natural resource protection strategies, an American Planning
Association Report, entitled Habitat Protection Planning: Where the Wild Things Are, defines these terms as
follows~:
Landscape Scale
"Landscape refers to a large land area (i.e., multiple square miles) that contains habitat for
wildlife. A watershed offers an excellent example of what we mean by a landscape. Within a
landscape there are usually different types of vegetation arranged in a mosaic, much like a
patchwork quilt."
Site-Specific Scale
"Scale is the relative size of an area of interest. If we focus on a relatively small area, say the
area around a house or a single subdivision, our focus is fine scale. If we pay attention to a
much larger area, (i.e., a county or a watershed, we are looking at course scale."
The report goes on to state, "...development influences wildlife at two fundamentally different scales
m the broad 'landscape' scale and the more focused 'site' [specific] scale... Scale, in turn, determines
the usefulness of actions to modify the impacts of development." The utilization for these depends on
the development history of a given area. The continuum of development in Collier County extends
from the relatively vast and un-urbanized eastern lands, with relatively few owners and parcels, to the
"semi-rural" Fringe area and/or to the suburban large-lot platted North Golden Gate Estates, to the
predominantly developed urban area.
Landscape scale natural resource protection strategies work best in rural areas where large areas of
undeveloped land are prevalent. In urban areas, site-specific strategies work best due to the fragmentation of
natural areas, but may work in concert with landscape-scale strategies. In the transitional Rural Fringe area,
both strategies have been employed to varying degrees to ensure a balance between protection of natural
resources and protection of private property rights.
RFAC Recommendations
A letter from David Ellis, Chair of the RFAC, summarizing the work of the RFAC is included with this
Executive Summary.
EAC And CCPC Recommendations
The EAC met to consider these amendments on January 23, and February 6, 2002. The CCPC met on
February 7, and February 11, to consider these amendments. The actions of the EAC and CCPC are
contained in summary report included with this Executive Summary and entitled "Actions of the
EAC/CCPC."
Hot Button Issues
Although there is significant consensus between staff, the EAC and the CCPC with respect to many of the
! American Planning Association PAS Report 4/470/471 Habitat Protection Planning: Where the Wild Thin
Duerksen, Donald L. Elliott, N. Thompson Hobbs, Erin Johnson, and James R. Miller. May 1997.
~s Are. Christopher J.
No.
FEB 2 7 2002
proposed amendments, conflict remains on a few issues, and a number of these "Hot Button Issues" are
likely to rise to the forefront during the Board's public hearing on these draft Transmittal Amendments. Staff
and several consultants will be in attendance to summarize these issues and provide the Board and the Public
with the rationale for the proposed amendments as they relate to these topic areas. These "Hot Button Issues"
include:
1. The County's ability to regulate bona fide agricultural uses in environmentally sensitive areas.
2. The overall viability of the proposed TDR process and methods to enhance the likelihood of success of
that program.
3. The North Belle Meade Overlay, including the North Belle Meade NRPA (Agreement between the
Interveners and Private Property Owners).
FISCAL IMPACT:
Implementation of these GMP amendments will require a significant number of Land Development Code
revisions. Development of these revisions may require consulting services in addition to staff time. In
addition, there will be future operational impacts that will likely necessitate additional staff resources,
particularly in the area of environmental review.
GROWTH MANAGEMENT IMPACT:
These amendments are necessitated by the Final Order.
RECOMMENDATION: That the Board transmit the attached GMP Amendments to the Department of
Community Affairs.
PREPARED BY:
D. I~o~en~."~r., P.E. 1! --
Natural Resources Director
Stan Litsinger, AICP
Comprehensive Planning Manager
Date
ate
APPROVED BY:
Joseph ~~mlnist~
Com~elopment land Environmental Services Division
4
FEB 2 1 2002
RESOLUTION 02-
A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO:
THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND
RELATED MAPS, THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT AND THE POTABLE WATER AND
SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES
ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE
RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL
AND AGRICULTURAL ASSESSMENT AREA INCLUDING CERTAIN
OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED
WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO
IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION
COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-
02 (DOAH CASE NO. 98-0324GM). THESE AMENDMENTS DO NOT
INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND
AGRICULTURAL ASSESSMENT AREA.
Whereas, on April 6, 1996, Collier County adopted an Evaluation and
Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section
163.3191, Florida Statutes; and
Whereas, on November 14, 1997, Collier County adopted the EAR-based amendments
to its Growth Management Plan; and
Whereas, on December 24, 1997 the Department of Community Affairs (DCA) issued its
Notice and Statement of Intent to find the County's EAR-based amendments, and to find certain
of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance
as defined by Section 163.3184(1)(b), Florida Statutes; and
Whereas, following a hearing the Administrative Law Judge issued a Recommended
Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and
Whereas, the Administration Commission on June 22, 1999 found the EAR-based
amendments not in compliance and entered a Final Order directing Collier County to perform a
3 year Rural and Agricultural Assessment of the Growth Management Plan to identify measures
to protect agricultural areas, direct incompatible land uses away from wetlands and upland
habitat and assess the growth potential of the area; and
Whereas, the Final Order provides that the County may conduct the Assessment in
phases; and
Whereas, the County has divided the Assessment into two geographical areas, the
Rural Fringe Area and the Eastern Lands Area; and
Whereas, on August 3 and September 14, 1999 the BCC created the Rural Fringe Area
Oversight Committee (RFAC) to assist in the assessment of the area of the County commonly
referred to as the Rural Fringe Area; and
Whereas, the RFAC, with the collaboration of the public, and county planning and
environmental staff have completed the Assessment for the Rural Fringe Area and have
developed amendments to the County's Growth Management Plan; and
Whereas, the Collier County Planning Commission has considered the proposed Rural
Fringe Assessment Area Amendments to the Growth Management Plan pursuant to the
authority granted to it by Section 163~3174, Florida Statutes, and has recommended approval of
said Rural Fringe Assessment Area Amendments to the Board of County Commissioners; and
Whereas, upon receipt of Collier County's proposed Rural Fringe Assessment Area
Amendments, the DCA will review the Rural Fringe Assessment Area Amendments as set forth
in Section 163.3184, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Rural Fringe
Assessment Area Amendments and any maps related thereto attached hereto and incorporated
by reference herein as composite Exhibit A for the purpose of transmittal to the Department of
Community Affairs thereby initiating the required State evaluation of such Amendments prior to
final adoption and State determination of compliance with the Final Order of the Administration
Commission, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review
of Local Government Comprehensive Plans and Determination of Compliance.
THIS Resolution adopted after motion, second and majority vote.
Done this __ day of ,2002
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Attest as to Chairman's
Signature only.
BY:
JAMES N. COLETTA, Chairman
Approved as to form and legal sufficiency:
MarjorieqM. Student, Assistant County Attorney
2002 Resolution/Rural Fringe Area Assessment/June 22, 1999 Administration Commission's Final Order
T 53 S J T 52 $
T 51S
T50S
T 49 S
T 48 S
T 47S
T 46 S
/
/
DADE COUNTY 8ROWARD COUNTY
Actions by the Collier County Environmental Advisory Council (EAC) and the Collier
County Planning Commission (CCPC) Regarding the Draft Rural Fringe GMP
Amendments.
The EAC held an advertised public meeting on January 23, and on February 6, 2002 to consider the draft
GMP amendments resultant from the Rural Fringe based portion of the Rural and Agricultural Assessment.
The following council members were in attendance: Chairman Thomas Sansbury, Ed Carlson, Michael G.
Coe, Lieutenant Colonel Retired, Erica Lynne, Ph.D.; Alfred F. Gal, Jr., William Hill, Ph.D., and Larry
Stone. Approximately 40 members of the public were in attendance, and some 12 members of the public
spoke.
The CCPC held an advertised public meeting on February 7 and February 11, 2002 to consider the draft
GMP amendments resultant from the Rural Fringe based portion of the Rural and Agricultural Assessment.
The following council members were in attendance: Chairman Ken Abemathy, Mark Strain, Lindey
Addlestien, Paul Midney, and Dwight Richardson. Approximately 30 members of the public were in
attendance, and some 15 members of the public spoke.
The following is the action taken as denoted by the EAC and the CCPC:
EAC Motion 1: Recommendation to remove the Receiving Area designation on the 5 sections of land that
constitute the Big Corkscrew Island Community, leaving these lands in a "neutral" (neither Sending or
Receiving) status. Motion carried 7-0.
CCPC Motion 1: Recommendation to support the EAC motion. Motion carried 5-0.
NOTE: THIS RECOMMENDATION HAS BEEN INCORPORATED INTO THE DRAFT
AMENDMENTS.
EAC Motion 2: Recommendation to designate Lands located in the Eastern Portion of the Rural
Assessment Area, directly east of Orange Tree and Everglades Boulevard, and directly north of County
Road 858 (Oil Well Road) and forming a notch surrounded on three sides by Golden Gate Estates, as
Receiving Lands. Motion carried 7-0
CCPC Motion 2: Recommendation that these lands not be designated as Receiving Lands as they fall
within the Eastern Lands Portion of the Assessment since these lands will be addressed as part of that
effort. Motion carried 5-0
NOTE: THE DRAFT AMENDMENTS DO NOT ADDRESS LANDS THAT FALL WITHIN THE
EASTERN LANDS PORTION OF THE ASSESSMENT.
EAC Motion 3: Recommendation to allow for a transfer of development rights into the Urban area in
conjunction with infill development. Motion carried 7-0
CCPC Motion 3: Recommendation to support the EAC motion to allow for a transfer of development
rights. In addition, the CCPC recommended that the provision allow for up tolor 2 dwelling units per acre,
to be transferred into the Urban area in conjunction with infill development for parcels up to 20 acres.
Motion carried 5-0.
NOTE: STAFF CONCURS WITH THIS RECOMMENDATION. THE DRAFT AMENDMENTS
REFLECT A POLICY ALLOWING UP TO 1 DWELLING UNIT PER ACRE TO BE
TRANSFERRED FROM SENDING LANDS TO URBAN INFILL PARCELS. THE DCA, IN THEIR
PRELIMINARY COMMENTS ON THE DRAFT GMPS, ALSO RECOMMENDS THAT THE
COUNTY CONSIDER THE TRANSFER OF DEVELOPMENTS RIGHTS FROM SENDING
LANDS TO THE URBAN AREA (UNDER LIMITED CRITERIA).
EAC Motion 4: Recommendation to maintain the current boundaries of the Belle Meade Natural Resource
Protection Area. (NRPA), and not to exclude a one-mile wide strip running north and south immediately
adjacent to the Urban Fringe lands [as requested by Tim Hancock, AICP, on behalf of a client]. Motion
carried 7-0.
CCPC Motion 4: Recommendation to support the EAC motion. Motion carried 4-1 with Mr. Addelstein
dissenting.
NOTE: THIS RECOMMENDATION IS CONSISTENT WITH THE DRAFT GMP LANGUAGE.
EAC Motion 5: Recommendation to remove "Asphalt and concrete batch-making plants" and "Facilities
for the collection, transfer, processing and reduction of solid waste" from the list of permitted uses in
Receiving Lands. Motion carried 7-0.
CCPC Motion 5: Recommendation no_._!t to support the EAC motion, and to leave these uses as permitted
uses in Receiving designated lands. Motion carried 3-2, with Mr. Abernathy and Mr. Strain
dissenting.
NOTE: STAFF CONCURS WITH THE CCPC MOTION. THE DRAFT AMENDMENTS
INCLUDE THESE USES AS PERMITTED USES IN RECEIVING DESIGNATED LANDS.
EAC Motion 6: Recommendation to eliminate all density bonuses in the Rural Fringe Mixed Use District,
requiring any density increase to be achieved solely through the TDR process. Motion carried 6-1, with
Mr. Sansbury dissenting.
CCPC Motion 6: Recommendation no__!t to support the EAC motion. Motion carried 5-0.
NOTE: STAFF CONCURS WITH THE CCPC MOTION. THE DRAFT AMENDMENTS
PROVIDE FOR LIMITED DENSITY BONUSES IN CONJUNCTION WITH RURAL VILLAGES
AND ENHANCED NATIVE VEGETATION PRESERVATION IN RECEIVING AREAS.
EAC Motion 7: Recommendation to prohibit the Transfer of Development Rights from privately held
properties in Sending Lands, where such lands have a conservation easement or other similar development
restriction or preservation status in perpetuity. Motion carried 7-0.
CCPC Motion 7: Recommendation to support the EAC motion. Motion carried 5-0.
NOTE: THIS RECOMMENDATION HAS BEEN INCORPORATED INTO THE DRAFT
AMENDMENTS.
EAC Motion 8: Recommendation to prohibit golf courses, except unimproved, natural, and non-irrigated
rough areas, from being located in green belts around Rural Villages, or in any other preservation areas.
Motion carried 6-1, with Mr. Sansbury dissenting.
CCPC Motion 8: Recommendation to prohibit golf courses, except unimproved, natural, and non-irrigated
rough areas, where adjacent to natural reservations (NRPAs or Conservation lands). Motion carried 5-0.
NOTE: THE RECOMMENDATION OF THE CCPC IS CONSISTENT WITH THE LANGUAGE
IN THE DRAFT AMENDMENTS WITH RESPECT TO BUFFERS ADJACENT TO NATURAL
RESERVATIONS.
EAC Motion 9: Request a thorough review of the legal constraints, if any, on regulating agriculture in
Sending Lands and in Receiving Lands in order to prevent negative impacts to habitat, or wetland
hydrology. Motion carried 7-0.
CCPC Motion 9: While generally concurring with and supporting the need to regulate agricultural in
Sending Lands, the CCPC did not take a motion regarding this issue as the legal opinion requested by the
EAC had been prepared and considered by both the EAC and CCPC.
NOTE: THE ISSUE OF REGULATING AGRICULTURE IN THE ENVIRONMENTALLY
SENSITIVE "SENDING" LANDS IS A "HOT BUTTON" ISSUE THAT WILL LIKELY BE
DISCUSSED AT LENGTH AT THE BOARD'S TRANSMITTAL HEARING. MARTHA
CHUMBLER, OF THE LAW FIRM OF CARLTON FIELDS, OUTSIDE COUNSEL TO
COLLIER COUNTY, WILL BE IN ATTENDANCE TO DISCUSS HER LEGAL OPINION ON
THIS MATTER.
EAC Motion 10: Recommendation to require agricultural uses to adhere to the same preservation standards
as other uses in the Rural Fringe Mixed Use District. Motion carried 7-0.
CCPC Motion 10: The CCPC did not take a motion on this issue since it is directly related to the legal
question of whether or not the County can regulate agriculture under the provisions of the State of Florida
"Right to Farm Act."
NOTE: THE DRAFT AMENDMENTS ALLOW AGRICULTURAL USES IN SENDING LANDS,
BUT ONLY ALLOW UNIMPROVED PASTURE USES AFTER UNITS HAVE BEEN
TRANSFERRED FROM SENDING LANDS, AND PROHIBIT ANY TDRs FOR 25 YEARS ON
LANDS THAT HAVE BEEN CLEARED FOR AGRICULTURAL USES (AFTER THE GMP
ADOPTION DATE).
EAC Motion 11: Recommendation that staff explore with the BCC and With DCA the possibility of using
the North Golden Gate Estates lands as a receiving area. Motion carried 7-0.
CCPC Motion 11: Recommendation no~t to support the EAC motion, as North Golden Gate Estates lands
are outside of the Assessment area and therefore this is an issue that should be considered by the Golden
Gate Area Master Plan Restudy Committee. Motion carried 5-0
NOTE: STAFF CONCURS WITH THE CCPC ACTION ON THIS ITEM.
EAC Motion 12: Recommendation to remove all currently approved PUDs and other approved projects
from the Sending Designation, in order to prohibit Transfer of Development Rights from these lands.
Motion carried 7-0.
CCPC Motion 12: Recommendation no__!t to support the EAC motion. Motion carried 5-0.
NOTE: THERE ARE NO APPROVED PUDS IN SENDING LANDS. THERE ARE VERY FEW
CONDITIONAL USES APPROVED FOR GOLF COURSES. STAFF SUPPORTS DESIGNATING
THESE AREAS AS SENDING LANDS, ALLOWING FOR THE TRANSFER OF UNITS FROM
THESE LANDS AND TREATING THESE PROPERTY OWNERS IN THE SAME MANNER AS
OTHER SENDING LANDS PROPERTY OWNERS.
EAC Motion 13: Revise proposed CCME Policy 6.2.7 to prohibit any loss of storage or conveyance
resultant from direct impacts to wetlands shall not be permitted. Motion carried 6-1.
CCPC Motion 13: Recommendation no.__!t to support the EAC motion. Motion carried 5-0.
NOTE: THE DRAFT AMENDMENTS REQUIRE ANY LOSS OF STORAGE OR CONVEYANCE
AS A RESULT OF IMPACTS TO WETLANDS TO BE MITIGATED FOR ON-SITE.
EAC Motion 14: Recommendation to remove the proposed Secondary Receiving designation from the
lands south of Immokalee Road. Motion carried 7-0.
CCPC Motion 14: Recommendation to support the EAC motion. Motion carried 5-0
NOTE: STAFF CONCURS WITH THE EAC AND CCPC RECOMMENDATIONS. THE DRAFT
AMENDMENTS AND THE DRAFT FUTURE LAND USE MAP (FLUM) HAVE BEEN REVISED
ACCORDINGLY.
EAC Motion 15: Recommendation to amend CCME Policy 7.3.2 to include regular inspections (as
opposed to nightly) "to ensure coastal properties comply with proper lighting conditions" and to ensure
compliance with prohibitions on overnight storage of furniture and other equipment during sea turtle
nesting season. Motion carried 7-0.
CCPC Motion 15: Recommendation to support the EAC motion. Motion carried 5-0.
NOTE: STAFF CONCURS WITH THE EAC AND CCPC RECOMMENDATIONS. THE DRAFT
AMENDMENTS HAVE BEEN REVISED ACCORDINGLY.
The following motions were made by the EAC at their February 6, 2002 meeting:
EAC Motion 16: On page 48 of the FLUE, delete 6a)l, 6a)2 and 6a)3. Motion carried 7-0.
CCPC Motion 16: Recommendation to remove 6a)1 and 6a)3. Motion carried 5-0.
NOTE: STAFF CONCURS WITH THE CCPC MOTION TO ONLY ALLOW UNIMPROVED
PASTURE AS A PERMITTED AGRICULTURAL USE ON SENDING LANDS AFTER TDRs
HAVE BEEN TRANSFERRED FROM SUCH LANDS. THE DRAFT AMENDMENTS REFLECT
THIS LANGUAGE.
EAC Motion 17: All new agricultural activities (including expansions of existing agricultural activities)
that negatively affect wetlands, shall be prohibited. Motion carried 7-0.
CCPC Motion 17: The CCPC did not take a motion on this issue since it is directly related to the legal
question of whether or not the County can regulate agriculture under the provisions of the State of Florida
"Right to Farm Act," and further wetland permitting is handled by the jurisdictional agencies.
NOTE: AS CURRENTLY DRAFTED, AGRICULTURE IS A PERMITTED USE IN SENDING
LANDS AND IS ONLY REGULATED AFTER TDRs HAVE BEEN SENT FROM SENDING
LAND. (THUS IT IS VOLUNTARY.)
EAC Motion 18: Beach raking shall be prohibited during Sea turtle season. Motion carried 6-1 with Mr.
Carlson dissenting.
CCPC Motion 18: Recommendation no__~t to support the EAC motion as the County_recently adopted
regulation allowing beach raking during turtle nesting season after an inspection by county staff has been
conducted. Motion carried 5-0.
NOTE: STAFF DOES NOT CONCUR WITH THE EAC RECOMMENDATION.
EAC Motion 19: At the interface of the receiving lands and NRPA's or conservation lands (in areas A and
D only [northernmost and southernmost Receiving Lands, respectively]), there shall be a one half (1/2)
mile buffer, in the lands designated receiving, that shall remain neutral. Motion carried 6-1 with Mr. Gal
dissenting.
CCPC Motion 19: Recommendation no._It to support the EAC motion, and to support the buffer standards
recommended by staff, with the elimination of the exception to the minimum 300 foot buffer requirement
for single-family if a fence or wall is built. Motion carried 5-0.
NOTE: STAFF RECOMMENDS A MINIMUM 300-FOOT BUFFER WHICH MAY INCREASE
DUE TO HYDROLOGIC OR SPECIES IMPACTS OR CONCERNS. STAFF CONCURS WITH
THE ELIMINATION OF ANY EXCEPTION TO THIS REQUIREMENT FOR SINGLE-FAMILY
AND THE DRAFT AMENDMENTS HAVE BEEN REVISED TO REMOVE THIS EXCEPTION.
EAC Motion 20: Support the concept of having a minimum density associated with golf courses, tied to
the TDR program. Motion carried 6-0.
CCPC Motion 20: Recommendation to support the EAC motion. Motion carried 5-0.
NOTE: STAFF CONCURS WITH THE EAC AND CCPC RECOMMENDATIONS AND THE
DRAFT AMENDMENTS INCLUDE A MINIMUM DENSITY OF 0.4 DWELLING UNITS PER
ACRE FOR GOLF COURSES (FREESTANDING OR WITH A RESIDENTIAL COMPONENT).
ADDITIONAL CCPC ACTIONS:
CCPC Motion 21: Recommendation that the following uses be identified as Conditional Uses (rather than
Permitted Uses) in Sending and Conservation designated lands: Essential Services (excluding those
necessary to serve the principal uses); Staff housing in conjunction with safety service facilities and
essential services; Commercial uses accessory to other permitted uses; and, Oil and mineral extraction and
related processing excluding earth-mining.
NOTE: STAFF CONCURS WITH THIS RECOMMENDATION AND THE DRAFT
AMENDMENTS REFLECT THIS REVISION.
CCPC Motion 22: Recommendation that the following changes be implemented to Rural Villages:
A) Limit the minimum size to 300 acres and maximum size to 1,500 acres, except in the Receiving area
south of the Belle Meade, which may be up to 2,500 acres in size.
B) Require that there be a minimum separation distance of 3 miles between Rural Villages.
C) Reduce the minimum density to 2.0 units per acre and maximum density to 3.0 units per acre.
D) Require that beyond the base density of one dwelling unit per five acres, the minimum density be
achieved through an equal combination of TDRs and Bonus units. That is, for each TDR acquired, one
bonus unit will be granted.
Motion carried 5-0
NOTE: STAFF CONCURS WITH THESE RECOMMENDATION AND THE DRAFT
AMENDMENTS REFLECT THESE REVISIONS.
CCPC Motion 23: Recommendation that the following change be implemented to Green Belts within Rural
Villages:
A) In addition to the average 500-foot width requirement for Green Belts, in no case shall the Green Belt be
less than 300 feet in width.
Motion carried 5-0.
NOTE: STAFF CONCURS WITH THIS RECOMMENDATION AND THE DRAFT AMENDMENTS
REFLECT THIS REVISION.
6
CCPC Motion 24: Recommendation that where schools sites are co-located with other public facilities, the
preservation standard be reduced to 30%. Motion carried 5-0.
NOTE: STAFF CONCURS WITH THIS RECOMMENDATION AND THE DRAFT AMENDMENTS
REFLECT A POLICY THAT ALLOWS FOR A 30% PRESERVATION STANDARD WHERE
SCHOOLS AND OTHER PUBLIC FACILITIES ARE CO-LOCATED. THIS MAY OCCUR IN
RECEIVING AND NEUTRAL AREAS. (SCHOOLS ARE NOT PERMITTED IN SENDING AREAS.)
THIS IS AN INCENTIVE TO CO-LOCATE SUCH FACILITIES AND WILL HAVE AN
INSIGNIFICANT IMPACT IN THE OVERALL PRESERVATION STRATEGY.
CCPC Motion 25: Recommendation that should the County not be able to regulate agriculture in Sending Lands
under the Right-to-Farm Act, the County should implement a 25-year prohibition on the TDR process for any
properties that have been legally cleared for agriculture in Sending Lands. Motion carried 5-0.
NOTE: STAFF CONCURS WITH THIS RECOMMENDATION AND THE DRAFT AMENDMENTS
REFLECT A POLICY THAT ESTABLISHES A 25-YEAR PROHIBITION ON THE USE OF TDRs IN
SENDING LANDS FOR PROPERTIES THAT HAVE BEEN CLEARED FOR AGRICULTURAL
PURPOSES (AFTER JUNE 22, 2002).
CCPC Motion 26: Recommendation that the County require agency permits or letters prior to the issuance of
building permits countywide, where data show the likelihood of wetlands or listed species concerns.
NOTE: STAFF CONCURS WITH THIS RECOMMENDATION. THE DRAFT AMENDMENTS
REFLECT A POLICY THAT REQUIRES THE COUNTY TO WORK WITH THE AGENCIES TO,
WITHIN ONE YEAR, CREATE A SET OF MAPS IDENTIFYING AREAS WHERE BUILDING
PERMITS MAY BE ISSUED INDEPENDENT OF COUNTY ENVIRONMENTAL REVIEWS, AND
WHERE THERE IS A HIGH PROBABILITY OF WETLANDS OR LISTED SPECIES CONCERNS.
WITHIN THESE HIGH-PROBABILITY AREAS, PERMITS OR LETTERS FROM THE
RESPECTIVE AGENCIES WILL BE REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
OVERALL MOTIONS FOR APPROVAL: Both the EAC and CCPC voted to forward the amendments
to the BCC with a recommendation of approval, subject to the above motions. Both the EAC and CCPC
took separate motions for each of the affected Elements or Sub-Elements.
EAC Motion 21: Subject to the applicable foregoing recommended amendments, additions or deletions,
motion to approve the amendments to the Conservation and Coastal Management Element (CCME.)
Motion carried 6-1, with Ms. Lynne dissenting.
CCPC Motion 27: Subject to the applicable foregoing recommended amendments, additions or deletions,
motion to approve the amendments to the Conservation and Coastal Management Element (CCME.)
Motion carried 5-0.
EAC Motion 22: Subject to the applicable foregoing recommended amendments, additions or deletions,
motion to approve the amendments to the Public Facilities Element, Potable Water and Sanitary Sewer
Sub-Elements. Motion carried 7-0.
CCPC Motion 28: Subject to the applicable foregoing recommended amendments, additions or deletions,
motion to approve the amendments to the Public Facilities Element, Potable Water and Sanitary Sewer
Sub-Elements. Motion carried 5-0.
EAC Motion 23: Subject to the applicable foregoing recommended amendments, additions or deletions,
motion to approve the amendments to the Future Lands Use Element (FLUE) and Future Lands Use Map
(FLUM). Motion carried 7-0.
CCPC Motion 29: Subject to the applicable foregoing recommended amendments, additions or deletions,
motion to approve the amendments to the Future Lands Use Element (FLUE) and Future Lands Use Map
(FLUM). Motion carried 5-0.
CE31A
Todd E. Gates
Willlr Crawford
Bob Guldldes
Trevor Tlbetr~
Biff Splnelll
Dlno Longo
Larry SIs¢o
Nelson Bordeau
David
DIRECTORS
De. Id pac~ta
Mike Bari
David J. ~
James McCord
Ed Belon
~ year
Steve Idcidan~s
Dales Disney
FeW Wec~Uc~dg
~ Yeer Prof~simal
Withe Mc Leod
~ LeGroy
Ghrts LeCroy
Dersld pace~
J,l
~k J. F~ce. Esq.
January 23, 2002
The Members of the Rural Fringe Committee
From: David Ellis, Chairman
Re: Accomplishment/Rural Fringe Committee
Dear Fellow Members of the Rural Fringe Committee:
As we gather today for our last official meeting, I reflect back over the last 2 plus
years that we have been together and the struggles and successes which we have
accomplished. As you are aware our committee began to meet in October of 1999
and since that date we have conducted 53 public meetings, been in session for
approximately 200 hours and each of you have contributed hundreds of additional
hours in this overall effort.
Although we have not always agreed on every issue, we have always treated each
other with respect and have debated the issues in a proper collegial atmosphere. We
have consistently received citizen input and have been lead by competent
professional County staff members. I believe that we are indeed fortunate and' our
work product has benefited from the tireless efforts of Bob Mulhere, Bill Lorenz,
Start Litsinger, Mack Hatcher and Linde Bedtelyon.
When the Rural Fringe Committee was originally conveyed we were given the
assignment of completing as assessment of approximately 94,000 acres of land to
ensure that the 3 principles of the Final Order could be addressed. These. three
principles were:
1. Prevent the premature conversion of agricultural lands.
2. Direct incompatible development away from wetlands and upland habitat.
3. Prevent Urban Sprawl.
The Final Order required that our decisions would be based upon data and analysis
and that public involvement would be a cornerstone of the final assessment.
Seven of the original lO-member committee have served throughout the overall
assignment. We have been blessed by quality additions and benefited greatly from
the leadership of Tom Conrecode during his time as Chairperson. It has indeed been
my privilege to be your chairperson for the conclusion of this overall process.
COLLIER BUILDING INDUSTRY ASSOCIATION, INC.
4779 Enterprise Avenue · Naples, Florida 34104 * (941) 436-6100 Fax (941) 436-3878
http://www. CBIA.net
NAHB
I firmly believe that our committee has accomplished the assignment as given by the Board of
Count Commissioners. The highlights of our success include:
1. Public participation - 53 public meetings, invaluable public input from citizens of Collier
County, educational information from various reading sources supplied by citizens.
2. Data and Analysis - The County staff and various citizens and consultants have provided
us with volumes of technical specifications and data. We have leanmt about natural
resources, agricultural lands, wildlife habitat, and the basic parameters needed to maintain
viable ecological systems through the data which has been supplied.
3. The policy recommendations of our committee address the three components of th~ Final
Order and provide policy recommendations to the Board of County Commissioners. I
believe these balance the protection of the environment of this portion of Collier County
with reasonable development potential. These policy statements include:
a. The establishment of future development corridors along Immokalez Road, US
41, and 1-75.
b. The establishment of Natural Resource Protection Areas in the North Belle Menciz
area, and Corkscrew Sanctuary area.
c. Tho establishment of a Transfer of Development Right~ program thereby
returning to property owne~ some value which may bz lo~t through the
preservation requirements of tho Natural Resource Protection Areas.
d. Tho establishmmt of reasonable open space and site preservation standards for
developments occurring in the development corridors.
e. Tho creation of a Transition Central Water and Sewer District which will provide
central facilities for development occurring beyond tho current urban boundary.
f. Tho establishment of Rural character recommendatiom along tho arteria~ which
transverse the Rural Fringe area to ensure that future development~ maintain a
Through these and other policy recommendations I firmly believe that tho efforts of our committee
will have long-term positive impact on the future of Collier County. I commend each of yon for
your dedicated service and appreciate the manner in which you have conducted this important
assessment for our community.
Rural Fringe Assessment Committee
Collier County Commissioners
County Manager Tom Olliff
DEPARTMENT
JEB BUSH
Governor
STATE OF FLORIDA
OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
STEVEN M. SEIBERT
Secretary
February 7, 2002
Mr. Stan Litsinger
Collier County Comprehensive Planning Manager
2800 North Horseshoe Drive
Naples, Florida 34104
Dear Mr. Litsinger:
We have reviewed the preliminary transmittal of the Growth Management Plan
amendment for the County Rural Agricultural Assessment area received on January 11, 2002.
You have asked that we provide a courtesy review of the document identifying items that could
be improved upon in order to better address the requirements of the Final Order. Firstly, we
congratulate the County's staff and the Rural Fringe Committee for putting together such an
impressive document. It is obvious from the content that a lot of effort was put into its
preparation. We have reviewed the document and comment as follows:
Future Land Use Element:
Page 32; Density Blending: It is not clear in the report the number of properties that will be
affected by the density blending provision and the extent to which it will promote the aim to
direct incompatible land uses away from environmentally sensitive areas. Please identify the
properties that would be affected. Also, we recommend the inclusion of language stating that
this provision applies only to properties that straddle the Urban and Rural Fringe Land Use
Dislxicts as of the effective date of this amendment.
Page 39; Interim Provisions for the Assessment Area: The proposal to replace the phrase "in
effect" with the word "adopted" is not consistent with the Final Order. The comprehensive plan
amendment can only be implemented after it has been declared effective pursuant to the
provision established in Chapter 163, Florida Statutes, and not upon adoption.
Page 40; Interim NRPAs: What is the justification for continuing to list South Golden Gates
Estates as an interim NRPA? Based on available information, it should be established as a
NRPA and not as an interim NRPA.
2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2'100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFtCE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOU,?dH(3 & COMMUNITY DEVELOPMENT
2796 Ovemeas Highway, Suite 212 2555 Shurm~rd Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumerd Oak Boulevard
Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee. FL 32399-2100
/.ar~ '>~ac,.'>an~ (850) 488-2356 (850) 413-9969 (850) 488-7956
Mr. Stan Litsinger
February 7, 2002
Page Two
Page 42; TDR:
1. The key component of the County's proposed natural resource protection program is the
transfer of development fights (TDR). The primary incentive for the TDR appears to be a
density of one dwelling unit per acre as opposed to one dwelling unit per five acres on the
receiving land without the utilization of TDR densities. It has not been demonstrated in
the data and analysis that this incentive alone will be sufficient to attract developers to
purchase TDR densities from the sending areas. This notion appears apparent when you
consider the fact that at the moment they can develop at a gross density of one dwelling
unit per five acres with a golf course while counting the unit that could have located in
the golf course part of the property which could lead to a net density of one dwelling unit
per acre. Thus, the TDR density incentive may not be strong enough to attract developers
to utilize TDR densities. One action that could be taken is to require, as a condition for a
golf course development, the purchase of TDRs. Alternatively, the golf course should be
excluded from the calculation when determining density.
2. The receiving lands for the TDR are located in the Rural areas, the same areas, which,
because of their environmentally sensitive nature, the County is trying to direct
developments away from to more suitable areas. This will result in higher density
development in rural areas that are, at the moment, lacking in infrastructure. It may be
more beneficial if the County establishes some portions of the urban areas as receiving
lands so as to maximize the utilization of existing infrastructure in the urban areas and
reduce pressure to develop environmentally sensitive rural lands.
3. The essential services that will be allowed in the sending areas should be defined in the
plan.
4. The criteria for the location of schools in item 1, page 45 does not include collocation and
proximity to residential uses.
Page 49; Rural Vffiages: The concept of rural village is a very good one. However, the only
criterium established for their location is that they "may not be located any closer than 1.0 mile
from another Rural Village." This criterium will not adequately guide the location of Rural
Villages. The County needs to establish guidelines that promote and direct their location to parts
of the County with existing or planned infrastructure so as to maximize the efficient utilization of
public services.
Page 53; Conservation Designation: According to various provisions in the plan, (FLUE, page
53, CCME Policy 6.2.3, items (1) and (3), page 25) one of the main strategies for natural
resources protection in the County is the designation of conservation category. However, the
Mr. Stan Litsinger
February 7, 2002
Page Three
plan (see FLUE page 53 (1)a., allows one dwelling unit per 5 acres and 1 dwelling units per 3
acres, in conservation areas; a level of development that is too intense for conservation areas and
will not ensure the protection of environmentally sensitive natural resources. It will be
appropriate for the County to reevaluate the conservation category and assign to this land use
category a suitable land use density that will offer a greater protection for conservation areas and
forward the County's goal and objective to protect natural resources.
Page 56; NRPAs: The County has established some guidelines for development in the NRPAs
that are located within the Rural Fringe Areas (i.e., development controls associated with either
sending or receiving zones). However, no similar development controls and guidelines have
been established for the other NRPAs such as the Clam and CREW NRPAs. Also, in CCME
(pages 3 and 4) references are made to the NRPAs and their assigned uses in the FLUE; however,
it is not clear from the reading the FLUE, the uses that are allowed in all the NRPAs. The
County should establish comparable and analogous development guidelines and controls for all
the NRPAs including Clam Bay and CREW NRPAs. The guidelines should direct incompatible
land uses away from these areas so as to ensure the protection of environmentally sensitive
natural resources.
CCME:
Page 21; Minimum Open Space Standards: Objective 6.1 states that the County shall protect
nature vegetative communities through the application of minimum preservation requirements".
In view of this objective, the open space requirement for a golf course of 15 percent is too small
and could potentially result in the preservation of less vegetative communities. As matter of fact,
it appears unusual that the open space requirement for a residential development is higher that of
golf courses. The County should raise the golf course standards to a minimum of 25 percent
which will provide greater protection for vegetative communities.
Page 22; Native Preservation Retention: Policy 6.1.2 (1)b., requires the preservation of 90
percent of the native vegetation in NRPAs sending lands; but in Item7b of the same policy, it
allows up to 25 percent off-site preservation for sending lands. The two provisions appear to be
internally inconsistent, since allowing 25 percent off-site preservation will reduce the amount of
retained vegetation below the 90 percent threshold.
Page 23; Plant Species: Zeric oak should be included in the list of plant species in item 7a.2. of
Policy 6.1.2.
Bonus Density for Preservation: Item 8 of Policy 6.1.2 (page 24); provides a density bonus for
the preservation of existing natural resources. However, no incentive has been established for
restoration of natural resources. The County needs to emphasis not only preservation, but
Mr. Start Litsinger
February 7, 2002
Page Four
restoration as well and should include, in the plan, a more substantive incentive program that will
promote and encourage the restoration and maintenance of natural resources in NRPAs..
Infrastructure Element.:
It is apparent that the proposed amendment will result in increased level of development
in the County. Nevertheless, no data and analysis have been provided regarding the availability
facilities to serve the increased level of develoPment. The County needs to evaluate the public
facility capacity for roads, sewer, potable water, solid waste, and stormwater management, in
view of the proposed increase in development. The analysis should quantify and indicate tl'.e
existing capacity without the proposed amendment, and the projected capacity with the
amendment in the case of roads. In the case sewer and potable water, the analysis should indicate
the existing demand without the amendment, and the resulting demand due to the amendment,
and indicating any surplus or deficit. All analyses should be based on the adopted level of
service standards and the maximum development allowed under the proposed amendment. If a
deficit results, the County should include, with the amendment, a revision to the Five Year
Schedule of Capital Improvements showing the programmatic improvements that will be
implemented to ensure the availability of adequate capacity to meet the adopted level of service
standards for the various facilities.
We thank you for the opportunity to review the draft amendment and look forward to
working with the County on this amendment proposal. Please note that the comments stated in
this letter are preliminary and informal at this time and do not represent the Department of
Community Affairs' formal review of the amendment. The Department will conduct a formal
review upon receipt of the officially transmitted amendment. Enclosed are the comments from
the Department of Environmental Protection. The other agencies will forward their comments to
you directly. If you have any questions on this matter, please call Bernard O. Piawah, Planning
Manager, at (850) 922-1810.
Yours since/ely, ~
Mike McDaniel
Growth Management Administrator
Enclosure:
MM/bp
cc Mr. Bob Mulhere, Director of Planning, RWA Inc.
Mr. Bill Lorenze, Collier County Natural Resources Director
Rural Fringe Committee
DEPARTMENT
JEB BUSH
Governor
STATE OF FLORIDA
OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
STEVEN M. SEIBERT
Secretary
February 7, 2002
Mr. Stan Litsinger
Collier County Comprehensive Planning Manager
2800 North Horseshoe Drive
Naples, Florida 34104
Dear Mr. Litsinger:
We have reviewed the preliminary transmittal of the Growth Management Plan
amendment for the County Rural Agricultural Assessment area received on January 11, 2002.
You have asked that we provide a courtesy review of the document identifying items that could
be improved upon in order to better address the requirements of the Final Order. Firstly, we
congratulate the County's staff and the Rural Fringe Conunittee for putting together such an
impressive document. It is obvious from the content that a lot of effort was put into its
preparation. We have reviewed the document and comment as follows:
Future Land Use Element:
Page 32; Density Blending: It is not clear in the report the number of properties that will be
affected by the density blending provision and the extent to which it will promote the aim to
direct incompatible land uses away from environmentally sensitive areas. Please identify the
properties that would be affected. Also, we recommend the inclusion of language stating that
this provision applies only to properties that straddle the Urban and Rural Fringe Land Use
Districts as of the effective date of this amendment.
Page 39; Interim Provisions for the Assessment Area: The proposal to replace the phrase "in
effect" with the word "adopted" is not consistent with the Final Order. The comprehensive plan
amendment can only be implemented after it has been declared effective pursuant to the
provision established in Chapter 163, Florida Statutes, and not upon adoption.
Page 40; Interim NRPAs: What is the justification for continuing to list South Golden Gates
Estates as an interim NRPA? Based on available information, it should be established as a
NRPA and not as an interim NRPA.
2555 SHUMARD OAK BOULEVARD ° TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRJTICAJ. STATE CONCERN RELD OFFICE COMMUNITY PUU~NING EMERGENCY MANAGEMENT HOUSIHG & COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
,~er,~ Aoa nn~ tR.~ 41:~..9cJ69 (850) 488-7956
Mr. Stan Litsinger
February 7, 2002
Page Two
Page 42; TDR:
The key component of the County's proposed natural resource protection program is the
transfer of development rights (TDR). The primary incentive for the TDR appears to be a
density of one dwelling unit per acre as opposed to one dwelling unit per five acres on the
receiving land without the utilization of TDR densities. It has not been demonstrated in
the data and analysis that this incentive alone will be sufficient to attract developers to
purchase TDR densities from the sending areas. This notion appears apparent when you
consider the fact that at the moment they can develop at a gross density of one dwelling
trait per five acres with a golf course while counting the unit that could have located in
the golf course part of the property which could lead to a net density of one dwelling unit
per acre. Thus, the TDR density incentive may not be strong enough to attract developers
to utilize TDR densities. One action that could be taken is to require, as a condition for a
golf course development, the purchase of TDRs. Alternatively, the golf course should be
excluded from the calculation when determining density.
o
The receiving lands for the TDR are located in the Rural areas, the same areas, which,
because of their environmentally sensitive nature, the County is trying to direct
developments away from to more suitable areas. This will result in higher density
development in rural areas that are, at the moment, lacking in infrastructure. It may be
more beneficial if the County establishes some portions of the urban areas as receiving
lands so as to maximize the utilization of existing infrastructure in the urban areas and
reduce pressure to develop environmentally sensitive rural lands.
The essential services that will be allowed in the sending areas should be defined in the
plan.
The criteria for the location of schools in item 1, page 45 does not include collocation and
proximity to residential uses.
Page 49; Rural Villages: The concept of rural village is a very good one. However, the only
criterium established for their location is that they "may not be located any closer than 1.0 mile
from another Rural Village." This criterium will not adequately guide the location of Rural
Villages. The County needs to establish guidelines that promote and direct their location to parts
of the County with existing or planned infrastructure so as to maximize the efficient utilization of
public services.
Page 53; Conservation Designation: According to various provisions in the plan, (FLUE, page
53, CCME Policy 6.2.3, items (1) and (3), page 25) one of the main strategies for natural
resources protection in the County is the designation of conservation category. However, the
Mr. Stan Litsinger
February 7, 2002
Page Three
plan (see FLUE page 53 (1)a., allows one dwelling trait per 5 acres and 1 dwelling units per 3
acres, in conservation areas; a level of development that is too intense for conservation areas and
will not ensure the protection of environmentally sensitive natural resources. It will be
appropriate for the County to reevaluate the conservation category and assign to this land use
category a suitable land use density that will offer a greater protection for conservation areas and
forward the County's goal and objective to protect natural resources.
Page 56; NRPAs: The County has established some guidelines for development in the NRPAs
that are located within the Rural Fringe Areas (i.e., development controls associated with either
sending or receiving zones). However, no similar development controls and guidelines have
been established for the other NRPAs such as the Clam and CREW NRPAs. Also, in CCME
(pages 3 and 4) references are made to the NRPAs and their assigned uses in the FLUE; however,
it is not clear from the reading the FLUE, the uses that are allowed in all the NRPAs. The
County should establish comparable and analogous development guidelines and controls for all
the NRPAs including Clam Bay and CREW NRPAs. The guidelines should direct incompatible
land uses away from these areas so as to ensure the protection of environmentally sensitive
natural resources.
CCME:
Page 21; Minimum Open Space Standards: Objective 6.1 states that the Count), shall protect
nature vegetative communities through the application of minimum preservation requirements".
In view of this objective, the open space requirement for a golf course of 15 percent is too small
and could potentially result in the preservation of less vegetative communities. As matter of fact,
it appears unusual that the open space requirement for a residential development is higher that of
golf courses. The County should raise the golf course standards to a minimum of 25 percent
which will provide greater protection for vegetative communities.
Page 22; Native Preservation Retention: Policy 6.1.2 (1)b., requires the preservation of 90
percent of the native vegetation in NRPAs sending lands; but in Item7b of the same policy, it
allows up to 25 percent off-site preservation for sending lands. The two provisions appear to be
internally inconsistent, since allowing 25 percent off-site preservation will reduce the amount of
retained vegetation below the 90 percent threshold.
Page 23; Plant Species: Zeric oak should be included in the list of plant species in item 7a.2. of
Policy 6.1.2.
Bonus Density for Preservation: Item 8 of Policy 6.1.2 (page 24); provides a density bonus for
the preservation of existing natural resources. However, no incentive has been established for
restoration of natural resources. The County needs to emphasis not only preservation, but
Mr. Stan Litsinger
February 7, 2002
Page Four
restoration as well and should include, in the plan, a more substantive incentive program that will
promote and encourage the restoration and maintenance of natural resources in NRPAs..
Infrastructure Element:
It is apparent that thc proposed amendment will result in increased level of development
in the County. Nevertheless, no data and analysis have been provided regarding the availability
facilities to serve the increased level of develoPment. The County needs to evaluate the public
facility capacity for roads, sewer, potable water, solid waste, and stormwater management, in
view of the proposed increase in development. The analysis should quantify and indicate tl-.e
existing capacity without the proposed amendment, and the projected capacity with the
amendment in the case of roads. In the case sewer and potable water, the analysis should indicate
the existing demand without the amendment, and the resulting demand due to the amendment,
and indicating any surplus or deficit. All analyses should be based on the adopted level of
service standards and the maximum development allowed under the proposed amendment. If a
deficit results, the County should include, with the amendment, a revision to the Five Year
Schedule of Capital Improvements showing the programmatic improvements that will be
implemented to ensure the availability of adequate capacity to meet the adopted level of service
standards for the various facilities.
We thank you for the oppommity to review the draft amendment and look forward to
working with the County on this amendment proposal. Please note that the comments stated in
this letter are preliminary and informal at this time and do not represent the Department of
Community Affairs' formal review of the amendment. The Department will conduct a formal
review upon receipt of the officially transmitted amendment. Enclosed are the comments from
the Department of Environmental Protection. The other agencies will forward their comments to
you directly. If you have any questions on this matter, please call Bernard O. Piawah, Planning
Manager, at (850) 922-1810.
Yours since~rely, ~
Mike McDaniel
Growth Management Administrator
Enclosure:
MM/bp
cc Mr. Bob Mulhere, Director of Planning, RWA Inc.
Mr. Bill Lorenze, Collier County Natural Resources Director
Rural Fringe Committee
Thomas W. Reese
Attorney At Law
2951 61't Avenue South
St. Petersburg, Florida 33712
(727) 867-8228
Fax (727) 867-2259
e-mail: TWReeseEsq~aol.com
February 11, 2002
Nancy Anne Payton
Southwest Florida Field Representative
Florida Wildlife Federation
2590 Golden Crate Parkway
Suite 109
Naples, FL 34105
Bradley Comell
Environmental Policy Advocate
Collier County Audubon Society, Inc.
556 109th Avenue North
Naples, FL 34108
Collier County's Authority to Regulate Agricultural Uses:
Florida's Right to Farm Act
Dear Nancy and Brad:
You have asked me to research and render a legal opinion on the issue of whether Collier
County has the authority to adopt land use planning criteria to protect environmental resources
from agricultural activities and uses. Specifically, you asked me to address the issue of whether
subsection 6 of the "Florida Right to Farm Act" (Section 823.14(6), Fla~ Stat.), enacted in 2000,
has repealed Collier County's authority to adopt land use planning criteria which protect sensitive
natural resources from agricultural activities and uses.
I have researched the issue, including the January 31, 2002 memorandum by Martha
Harrell Chmnber, Esq. on the "Florida Right to Farm Act" ("Act') and discussing the Act with
Ms. Chumber. It is my opinion that Collier County has historically had, and continues to have,
the authority to adopt land use planning criteria to protect environmental resources from existing
and new agricultural activities and uses. It is my opinion that the Act, as currently enacted, does
not prohibit Collier County from adopting land use planning criteria, as opposed to
environmental regulations, which protect sensitive natural resources from existing and new
agricultural activities and uses.
SUMMARY OF REASONS FOR MY CONCLUSION
1. The Act Only Applies To Existing Bona Fide Farm Operations.
Nancy Anne Payton
Bradley Comell
February 11, 2002
Page 2
2. The Act Recognizes The Authority of Counties's Land Use and Zoning Authority
Over Agriculture.
3. The Act Only Prohibits Duplicative BMP Regulations, It Does Not Prohibit Land
Use Planning And Zoning Criteria Which Direct Incompatible Agric.ultural Uses Away
From Sensitive Natural Resources.
4. The Act Exempted Plans For Protection and Restoration of the Everglades
System.
5. Ms. Chumbler's Interpretation of The Act Conflicts With Article I1, Section 7 of
the Florida Constitution.
A. Historic Land Use Authority of ~ocal Governments Over _Agriculture
Local governments have a long history of having the authority to exercise land use
planning and zoning authority over agricultural activities and uses. Counties may adopt
ordinances which abate or prohibit agricultural activities which are nuisances per se or nuisances
in fact, and adopt ordinances which restrict or prohibit agricultural activities for the purpose of
"promot[ing] the public health, safety, and welfare even if the activity is not so obnoxious as to
constitute a nuisance." Pasco CounW v. Tampa Farm Service. Inc, 573 So.2d 909, 912 (fn
4)(Fla. 2~ DCA 1991).
The source of the land use authority of Florida counties is Section 125.01(1)(g), Fla. Stat.
("prepare and enforce comprehensive plans for the development of the county"), Section
125.01(1)(h), Fla. Stat. ("establish, coordinate, and enforce zoning and business regulations as
are necessary for the protection of the public"), and Section 163.3177(6Xa), Fla. Stat. (Must
designate the general distribution, location and extent of agricultural uses, and adopt density and
intensity standards for agricultmal uses).
The "Local Government Comprehensive Planning and Land Development Regulation
Act" (a.k.a. the Growth Management Act) and the Department of Community Affairs (DCA)
Chapter 9J-5 rule distinguish between the authority of local governments to adopt land use plans
and zoning and state agency environmental regulations. (See, Fla. Admin. Code 9J-5.013(3)(b)).
Local governments routinely use their land use and zoning authority with regard to
agricultural uses. Collier County's comprehensive plan not only limits the land use designations
where agricultural uses are permitted, the Coastal and Conservation Management Element
Nancy Anne Payton
Bradley Comell
February 11, 2002
Page 3
(CCME) subjects agriculture to various native vegetation protection criteria. CCME 11.3.15
subjects agriculture and timbering to the native vegetation preservation requirement of CCME
11.3.9. CCME Policy 6.4.8 subjects agriculture to the vegetation preservation requirements of
Objective 6.4 and the policies thereunder. Another example is Hillsborough County's land
alteration requirement with which agriculture must comply. 0tillSborough County LDC Article
IV). Section 4.01.03.C. 10 of the LDC expressly subjects "agricultural operations" to obtain a
land alteration permit for activities which either impedes or diverts surface water flow in a
manner which adversely impacts offsite property, or adversely impacts environmentally sensitive
areas (e.g., mapped Si~tynificant Wildlife Habitat and wetlands), or remove than 500 cubic yards
of material off-site. Hillsborough County has successfully enforced this ordinance in the Circuit
Court against agricultmal operations for violation of the ordinance. (See attached Motion for
Temporary Injunction in Case No. 94-02821 and Order on Hillsborough County's Motion for
temporary Injunction).
B. Overview of the Florida Ri?h~ to Farm Act
The Act was first adopted in 1979 as Section 823.14, Fla. Stat. It is under Chapter 823,
Fla. Stat. which deals with public nuisances. Section 823.14(2); Fla. Stat. states that
"The Legislature further finds that agricultural activities conducted on farm land
in urbanizing areas are potentially subject to lawsuits based upon the theory of
nuisance and that these suits encourage and even force the premature removal of
the farm land from agricultural use. It is the purpose of the act is "to protect
reasonable agricultural activities conducted on farm land from nuisance suits."
(e.s.).
In 1991, the Second District Court of Appeal held that the Act was applicable to
established farm operations, but the Act did not constitute "an unfettered license fro farmers to
alter the environment of their locale merely because the practices which they used in 1982 were
acceptable at that time."
In 2000, the Florida Legislature amended the Act by adding a new Subsection 6. No
changes were made to any other section of the Act. The original Legislative Findings and
Purpose set forth in Section 823.14(2), Fla. Stat. remained unchanged. Section 823.14(6), Fla.
Stat., entitled "Limitation on Duplication of Government Regulation," provides that
"It is the intent of the Legislature to eliminate duplication of reg, ulatorv authority
over farm operations as expressed in this subsection. Except as otherwise
provided part of a statewide or regional program. When an activity of a farm
operation takes place within a wellfield protection area as defined in any wellfield
Nancy Anne Payton
Bradley Comell
February 11, 2002
Page 4
protection ordinance adopted by a local government, and the adopted best-
management practices or interim measure does not specifically address wellfield
protection, a local government may regulate that activity pursuant to such
ordinance. This subsection does not limit the powers and duties provided for in s.
373.4592 or limit the powers and duties of anY local gov .er.n. meat to address an
emergency as provided for in chapter 252."
Since the adoption of subsection 6 of the Act in 2000, I am unaware of any local
government amending or repealing any of the land use plan or zoning criteria which are
applicable to agricultural uses and operations.
C. Reasons Which Support My Ol~inion
1. The Act Only Applies To Existing Bona Fide Farm Operations
The Act only applies to existing bona fide farm operations which were not a nuisance at
the _time of its established operation. (Section 823.14(4)('0), Fla. Stat.). The Act does not apply to:
a) geographic expansions of existing bona fide farm operations, and b) significant or substantial
changes in existing bona fide farm operations. Pasco County v. Tampa Farm Service. Inc,, 573
So.2d 909 (Fla. 2~d DCA 1990).
Subsection 6 specifically restricts the provisions of Subsection 6 to "existing" bona fide
farm operations. The "[e]xcept as otherwise provided for in this section" language of the second
sentence of Subsection 6 limits the provisions of subsection 6 to existing agricultural operations.
Activities to expand the size of existing bona fide farm operations by land clearing (i.e.,
converting native pasture to improved pasture, row crops, or citrus) is not protected by the Act.
Such activities are not existing farm activities. Land clearing is a significant and substantial
change in the farm operation and its adverse impact on natural resources.
2. The Act Recmrnizes County Land Use and Z~nin~ Authogity Over Agriculture
The reference of the Act to "a bona fide farm operation" under Section 1.93.461, Fla. StaL
expressly recognized the fight of local governments to adopt land use and zoning criteria for farm
operations. Subsection 6 of the Act specifically provides that protection to "a bona fide farm
operation on land classified as agricultural land pursuant to s. 193.461 .'
In Shultz v. Love PGI Parmers. LP, 731 So.2d 1270 (Fla. 1999), all seven justices held
that county agricultural zoning criteria are one of the factors that the County Tax Assessor may
consider under Section 193.461, Fla. Stat., while -the court split 4-3 on the issue of whether
"zoning alone" is the determinative factor for the County Tax Assessor to utilize in determining
Nancy Anne Payton
Bradley Comer
February 11, 2002
Page $
what constitutes a bona fide farm operation for tax purposes.
Because Section 832.14(6), Fla. Stat. clearly expresses the intent of the Florida
Legislature to provide protection to bona fide farm operations pursuant to Section 193.461, Fla.
Stat., it is improper to refer to any Legislative staff analysis of the Act as Ms. Chumbler did in
footnote 1 of her analysis. 12inker Materials Corporation V. City of North' Miami, 286 So.2d 552,
554 (Fla. 1973) (The legislative history of an act is important only where there i~ doubt as to
what is meant by the language employed).
3. The Act Only Prohibits Duplicative BMP Rec, ulafions~ It Does Not Prohibit
Land Use Piannin_~ And Zoning Criteria Which Direct Incompatible A~_rlculmrai
Uses Away From Sensitive Natural Resources
The Act prohibits local governments fxom adopting duplicative regulatory programs, it
does not prohibit adoption of appropriate land use categories and appropriate agricultural use
standards for environmentally sensitive uplands.
Subsection 6 of the Act only protects existing Section 193.461, Fla. Stat. bona fide farm
operations from duplicative Best Management and Practices (BMPs) regulations. It does not
prohibit local governments, such as Collier County, from adopting land use planning and zoning
criteria which direct incompatible agricultural uses and intensities away fi'om sensitive natural
reso~.
DCA has long recognized the distinction between a regulatory ~stem and ~
~. (See, Fla. Admin. Code Rules 9J-5.013(3)Co), 9J-5.013(2)(b)(4), and 9J-
5,.013(2)(c)(5)). A regulatory system consists of environmental permitting activities of agencies
such as: a) the Florida Department of Environmental Protection (DEP) for activities such as
wetland alteration, surface and groundwater discharges, industrial waste, etc., b) Water
Management Districts (WlVlD) for activities such as water use, wetland alteration, surface water
management, etc., and c) the Florida Department of Agriculture and Consumer Services (DOAS)
such as aquaculture, shadehouse ferns, citrus, and grasses, pesticide application, sale of plants,
etc. The BlVlPs which regulate agriculture do not deal with the issue of the compatibility of the
agricultural use with sensitive natural resources. Rather, the BMPs and the Act deal with whether
existing farm operations are nuisances.
Land use planning deals with designating land use activities that are suitable and
compatible with the natural features of land (elevation, soils, wildlife, public facilities, etc.). The
primary purpose of directing incompatible new agricultural uses away from sensitive natural
resources is the promotion of the public health, safety and welfare, not the restriction of existing
nuisances.
Nancy Anne Payton
Bradley Comell
February 11, 2002
Page 6
Additionally, the Act does not expressly repeal the authority of local governments to
enact land use planning and zoning criteria to direct incompatible ~ricultural uses and
intensities away from sensitive natural resources.
4. The Act Exempted P!an~ For Protection and ..
Restoration of the Ever~glades System
Subsection 6 of the Act stated that it does not limit the powers and duties to implement
Section 373.4592, Fla. Stat. which provides for the protection and restoration of the unique
"Everglades ecological system" and its diverse species of wildlife and plant life. Collier County
is the western portion of the "Everglades ecological system," one of the most critical parts of the
"Everglades ecological system."Thus, the Act does not prohibit Collier County's authority to
adopt land use planning criteria to conserve and protect the Everglades ecological system from
agricultural activities and uses.
5. _Ms. Chumbler's Interpretation of the Act Conflicts With
Article II, Section 7 of the Florida Constitution
When possible, a statute must be interpreted so as not to conflict with Se constitution.
Firestone v, News-Press Publisbin? CompanY. Inc., 457 So.2d 457 (Fla. 1989); Russo v. Alters
724 So.2d 1151 (Fla. 1998).
Ms. Chumbler's interpretation of the Act would prohibit Collier County from directing
incompatible agricultural uses and intensities away from sensitive natural resources of the
Everglades ecological system. Such an interpretation would result in there not being adequate
Florida laws to for the conservation and protection of Florida's natural resoumes as required by
Article II, Section 7 of the Florida Constitution. Florida's agricultural BMPs do not adequately
conserve and protect the natural resources of Collier County concerning Florida panther habitat,
Florida black bear habitat, and numerous other listed flora and fauna. Florida's Environmental
Resources permit (ERP) does not adequately protect essential Florida panther habitat necessary
for hunting. The ERP merely protects currently utilized Florida panther dennings sites, not
unused Florida panther denning sites, and not Florida panther feeding habitat.
Additionally, the Florida Fish and Wildlife Conservation Commission (FWCC) laws also
inadequately protect and conserve Florida's natural resources. Neither the Florida Constitution
(Article IV, Section 9 of the Fla. Constitution) nor any existing Florida Statute (Chapter 372, Fla.
Stat.) specifically require the FWCC to regulate development activities that impact upon the
habitat of endangered or threatened species. Man,ore Chapter of Izaak Walton League of
America v. FGFWFC, 13 FALR 485, 513 (FGFWFC 1990).
FAX NO. : Feb. 10 2082 86:33RM R?
~ROM :
Nancy A,ne Payton
Bradley Comell
February 11, 2002
Page 7
CONCLUSION
Collier County has historically had, and continues to have, the authority to ado~ land use
planning criteria to protect environmental resources from existing and new agricultural activities
and uses. the Act, as currently enacted, does not prohibit Collier County from adopting land use
planning oiteria, as opposed to environmental regulations, which protect sensitive natural
resources from existing and new agricultural activities and uses.
lwy yours, .
To:
From:
Date:
Re:
Robert Mulhere
Martha Harrell Chumbler
January 31,2002
Collier County's Authority to Regulate Agricultural Operations:
Florida's Right to Farm Act
In connection with the adoption of amendments to comprehensive plan
provisions relating to the Rural Fringe and Rural Lands, an issue has arisen regarding
the extent to which the County may include measures designed to protect
environmental resources from intensive agricultural operations. As we have discussed
earlier, section 823.14, Florida Statutes, the Florida Right to Farm Act ('~the Act"),
severely restricts a Iocargovernment's authority to impose restrictions on farm
operations. This memorandum provides a more detailed analysis of the effect of the
Act.
The Act, as first adOpted in 1979, was intended to protect existing farming
operations from nuisance suits that arose when historically agricultural areas became
more urbanized. Specifically, subsection (1) of the Act specifically states that the
purpose of the Act is "to protect reasonable agricultural activities conducted on farm
land from nuisance suits." "Farm operation" is broadly defined as
all conditions or activities by the owner, lessee, agent,
independent contractor, and supplier which occur on a farm
in connection with the production of farm products and
includes, but is not limited to, the marketing of produce at
roadside stands or farm markets; the operation of machinery
and irrigation pumps; the generation of noise, odors, dust,
and fumes; ground or aerial seeding and spraying; the
application 'of chemical fertilizers, conditions, insecticides,
pesticides, and herbicides; and the employment and use of
labor.
§ 823.14(3)(b), Fla. Stat. "Farm" is defined as "the land, buildings, support facilities,
machinery, and other appurtenances used in the production of farm or aquaculture
products." § 823.14(3)(a), Fla. Stat.
TAL~522012.02 1
As originally enacted, however, the Act did not restrict a local government's
authority to regulate agricultural land uses via its comprehensive plan. In 1996, the
Department of Community Affairs entered a final order stating that
[t]he Florida Right to Farm Act does not, expressly or
impliedly, preempt the requirements of Chapter 163, Part Il,
Florida Statutes, limit a local government's ability to regulate
uses on land within its jurisdiction, or authorize unfettered
destruction of native vegetative communities on lands
designated as agricultural in a local government's
comprehensive plan.
Heartland Envtl. Council, Inc. v. Department of Community Affairs, ER FALR 96:185;
DCA-96-261,-FOI-G,,M, (Dep't of Community Affairs 1996).~ However, the 2000 Florida
Legislature clarified the Act, by adopting subsection (6), which states:
It is the intent of the Legislature to eliminate duplication of
regulatory authority over farm operations as expressed in
this subsection. Except as otherwise provided for in this
section and s. 487.051(2), and notwithstanding any other
provision of law, a local government may not adopt any
ordinance, regulation, rule, or policy to prohibit, restrict,
regulate, or otherwise limit an activity of a bona fide farm
operation on land classified as agricultural land pursuant to
s. 193.461, where such activity is regulated through
implemented best-management practices or interim
measures developed by the Department of Environmental
Protection, the Department of Agriculture and Consumer
Services, or water management districts and adopted under
chapter 120 as part of a statewide or regional program.
When an activity of a farm operation takes place within a
wellfield protection area as defined in any well field
protection ordinance adopted by a local government, and the
adopted best-management practice or intedm measure does
not specifically address wellfield protection, a local
government may regulate that activity pursuant to such
ordinance. This subsection does not limit the powers and
~ The staff analysis of the original bill creating subsection (6) of the Act describes the new language as
"prohibit[ing] local governments from restricting the practice of agriculture through the use of local
development ordinances" and specifically identifies the bill's purpose as "cladf[ying] the preemption issue
between state and local governments regarding agriculture." Senate Staff Analysis, SB 1848 (March 16,
2000).
TAL0522012.02 2
duties provided for in s. 373.45922 or limit the powers an
duties of any local government to address an emergency as
provided for in chapter 252.
§ 823.14(6), Fla. Stat.
Put simply, the new subsection imposes a broad prohibition on local government's
authority to restrict certain farm operations through land development ordinances.
However, there are exceptions to its applicability.
First, local governments retain their authority to regulate pesticides through
building and zoning regulations, regardless of whether such regulations impact farm
operations. § 487.051(2), Fla. Stat. Consequently, the County could include provisions
in its comprehensive plan or land development regulations relating to the use of
pesticides within protected or sensitive areas.
Second, local governments may regulate or prohibit changes or expansions in
existing farm operations that create more noise, odor, dust, or fumes, when the existing
farm operation is adjacent to a homestead or business that was in existence on March
15, 1982. § 823.14(5), Fla. Stat.
Third, the farm operation must be a bona fide farm operation on land classified
on the ad valorem tax rolls as agricultural, pursuant to section 193.461, Florida Statutes.
In Schultz v. Love PGI Partners, LP, 731 So. 2d 1270 (Fla. 1999), the Florida Supreme
Court determined that "the actual physical activity being conducted on the land," rather
than its zoned use was the key to determining whether the property should be classified
as agricultural. Id. at 1271. If there is an actual farm operation on the property and
none of the other exceptions mentioned herein apply, a local government may not
classify or zone land in such a manner as to preclude agriculture and thereby escape
the applicability of the Right to Farm Act.3
Fourth, the prohibition on local regulation applies only to those farm operations
that are subject to best management practices or interim measures ("BMPs") that have
been promulgated, through formal rulemaking, by the Department of Environmental
Protection ("DEP"), Department of Agriculture and Consumer Services ("DACS"), or
z Section 373.4592 relates to the management and restoration of the Everglades.
3 Notably, in his dissenting opinion, Justice Anstead criticized the Love PGI Partners opinion as
"tantamount to ignoring the entire land use regulatory scheme the legislature has mandated to regulate
growth in Florida." It view of this dissent, it is clear that the majority was aware of the potential affect of
the decision on the ability of local governments to regulate agricultural operations through land use
regulations.
TAI. g522012.02 3
water management district ("WMD"). At present, BMPs have been adopted that
regulate the following types of agricultural operations.:
DACS:
5E-1.023
Cultivation of Shadehouse Ferns, Citrus,
and Bahia and Bermuda Grass
5L-3.004
Aquaculture4
62-670
Dairy Operations Within the Lake
Okeechobee Drainage Distdct
Feed Lots
Commercial Egg Production Facilities
South Florida WMD.:
40E-63.091(2) All Discharges in the Everglades
Agricultural Area
40E-400.470(2) Seasonal Crops
40E-400.900(5)(h) Silviculture
Those agricultural operations not subject to one or more of these adopted BMPs can be
regulated through local government land use regulations. For example, dairy
operations outside the Okeechobee Drainage District could be so regulated. However,
from the information currently available to us, it appears that most - if not all of the
farm operations in Collier County fall within at least one of the BMP categories.
Fifth, a local government may adopt wellfield protection ordinances that are
applicable to agricultural operations, unless the adopted BMPs specifically address
wellfield protection. Since none of the adopted BMP make specific mention of wellfield
protection, Collier County could limit or even prohibit certain agricultural activities if such
limitation or prohibition were enacted as a wellfield protection measure.
Finally, section 823.14(6) does not limit a local government's authority, under
chapter 252, to act in response to emergencies. An "emergency" is defined as "any
4 see also Fla. Adrnin. Code R. 62-660.820, which - although not specifically identified as BMPs -
establishes additional criteria applicable to fish farms.
TAL~522012.02 4
occurrence, or threat thereof, whether natural, technological, or manmade, in war or
peace, which results or may result in substantial injury or harm to the population or
substantial damage to or loss of property." § 252.34(3), Fla. Stat.
While these various exceptions do somewhat narrow the applicability of the Right
to Farm Act, the scope of the prohibition imposed is still very broad. For the purpose of
this analysis, it is assumed that the exceptions identified above have little or no
applicability to Collier County. Thus, for example, while Collier County might enact
general provisions limiting the amount of natural vegetation that must be preserved on a
site, those provisions could not be applied to bona fide agricultural operations unless
those operations were of a type not covered by an adopted BMP. Similarly, Collier
County could not adopt provisions prohibiting the cultivation of large, monolithic tracts of
citrus, unless the existing citrus operation was located next to a homestead or business
that existed before March 15, 1982, and the expansion would increase noise, dust,
odor, or fumes.
However, it may be possible to exercise some control over agricultural operations
through use of voluntary incentive programs. A transfer of development rights ("TDR")
program, for example, might include a proviso that land from which development rights
are transferred ("Sending Land") be placed in a conservation easement that precludes a
future activities that destroy or impact native vegetation, including agricultural activities
such as clearing. Essentially, the owner the Sending Land has not been prohibited,
restricted, regulated, or limited with respect to the use of his land for agricultural
operations but, instead, has voluntarily elected to give up the right to farm the Sending
Land in exchange for something else of greater value - either money or the enhanced
development potential of the property to which the development rights are transferred
("the Receiving Land").
It must be noted that subsection (6) of the Right to Farm Act was enacted less
than two years ago and there are not yet any appellate decisions construing it. In
addition, while there may be some local jurisdictions that currently have comprehensive
plan provisions that do regulate agriculture, some of these predate subsection (6) and
none appear to have been challenged in any case or other proceeding that culminated
in a final order. The judiciary may ultimately construe subsection (6) to have either a
more limited, or a more expansive, applicability than is indicated in this memorandum.
Conceivably, even an incentive program, such as the TDR program, that permits a land
owner to voluntarily give up the right to engage in agricultural operations in exchange
for the right to undertake more intensive development elsewhere could challenged as
violative of the Right to Farm Act.
TAL~522012.02 5
To: Robert Muihere
From:
Martha Harrell Chumbler
Date:
February 20, 2002
Re:
Collier County's Authority to Regulate Agricultural Operations:
Florida's Right to Farm Act
This memorandum is provided for the specific purpose of responding to the
February 11,2002, letter from Thomas W. Reese to Nancy A. Patton and Bradley
Cornell, relating to Collier County's Authority to Regulate Agricultural Uses. My
memorandum of January 31,2002, continues to reflect my interpretation of section
823.14(6) and the bases for that interpretation.
Mr. Reese raises five points in support of his position. Each are separately
addressed below.
1. Applicability of Section 823.14(6) to Geographic Expansions of and
Significant Changes to Bona Fide Farm Operations
Mr. Reese asserts that section 823.14(6), Florida Statutes - part of the Florida
Right to Farm Act - applies only to existing bona fide farm operations. He further
contends that existing farm operations are limited both by geographic size and location
and by the nature of the farm operation. For example, according to Mr. Reese's
position, any geographic expansion of a farm operation that occurs after the date on
which the original farm operation was established would enjoy no protection under
section 823.14(6). Furthermore, any significant or substantial changes in the farm
operation would operate to divest the operation of the any protection under section
823.14(6).
The statute itself supports neither position. Subsection 823.14(5) expressly
addresses changes in farm operations and states that the Right to Farm Act does not
apply to protect such changes in two circumstances: 1) the changes increase noise,
odor, dust, or fumes; and 2) there was an established homestead or business adjacent
to the farm operation as of March 15, 1982. Under well-established rules of statutory
construction, the express mention of this limitation on the Act's applicability indicates
that, where the two expressly mentioned circumstances are not present, there is no
such limitation on the Act's applicability.
Nor does the legislative history of 823.14(6) support Mr. Reese's position. The
2000 Florida Legislature had before it several different bills that were intended to limit or
preempt the authority of local governments to adopt any limitations on agricultural
activities. One of those bills - CS for CS for Senate Bill 1904 - expressly prohibited
local governments from adopting "laws, ordinances, regulations, rules, or policies to
prohibit, restrict, regulate, or otherwise limit any continuing farm operation on land
currently engaged in bona fide production of a farm product .... If that bill had
been adopted, or if the Legislature had inserted references to "continuing farm
operations" or land "currently engaged in farm production" in the bill that was adopted,
there would be some validity to Mr. Reese's position. However, the reality is that when
given a choice between a bill that specifically limited its application to current farm
operations and one that had no such limiting language, the Legislature chose to adopt
the latter.
Thus, in my opinion, with the exception of those farm operations adjacent to
existing homesteads or business as of March 15, 1982, the correct interpretation of
section 823.14(6) is that it applies to any activity of a bona fide farm operation,
regardless of when that farm operation was established and regardless of whether the
farm operation has changed.
2. The Significance of the Statute's Reference to Section 193.461, Fla. Stat.
Both Mr. Reese and I contend that the reference in section 823.14(6) to "a bona
fide farm operation on land classified as agricultural land pursuant to s. 193.461" factors
significantly into the proper construction and applicability of section 823.14(6). Mr.
Reese concludes that the reference indicates a continued authority of local
governments to adopt zoning and other land use ordinances that establish criteria
applicable to farm operations. Based upon the majority opinion of the Florida Supreme
Court in $chultz v. Love PGI Partners, LP, 731 So. 2d 1270 (Fla. 1999), as well as the
district court decision in that same case, Love PGI Partners, LP v. $chultz, 706 So. 2d
887 (Fla. 5th DCA 1998), I reach the opposite conclusion.
Section 193.461 authorizes county property appraisers to classify land as either
agricultural or nonagricultural, for purposes of ad valorem taxation. Like section
823.14(6), section 193.461 limits agricultural lands to those used for bona fide
agricultural purposes, defining that phrase to mean "good faith commercial agricultural
use of the land." § 193.461 (2)(b), Fla. Stat. In the Love PGI Partners case, property
owners challenged a property appraiser's denial of their claim for agricultural
classification of land in Citrus County. As to one of the parcels under dispute, the issue
was whether land being used for cattle grazing could properly be classified as
agricultural when such use was prohibited by the Citrus County Comprehensive Plan.
Both the Fifth District Court of Appeal and the majority of the Florida Supreme
Court found that the determinative factor in classifying land under section 193.461 is the
actual, physical use of the property. While zoning could be a factor considered in
making the classification, but would always be superceded if the facts established that
the property was actually being put to a good faith commercial agricultural use. In other
words, a local government may not avoid the section 823.14(6) reference to land
classified as agriculture under section 193.461 by simply adopting comprehensive
planning provisions or zoning that precludes agriculture in a certain area.
Having said this, it must be noted that, in order to enjoy the protection afforded
by section 823.14(6), a farm operation must be both a bona fide farm operation and on
property classified, for ad valorem tax purposes, as agricultural. Subsection
193.461 (4)(a) identifies the folloWing situations in which land must be reclassified from
agricultural to nonagricultural:
1. when the land has been diverted from an agricultural use to a
nonagricultural use;
2. when the land is no longer being utilized for agricultural purposes; and
3. when, at the property owner's request, the land is rezoned to a
nonagricultural use.
While the first two of these once again focus upon the actual use of the property, the
third does not.
Furthermore, subsection 193.461 (4)(b) allows a board of county commissioners
to itself reclassify land from agricultural to nonagricultural if two factors are present: 1)
the land is contiguous to the urban or metropolitan area; and 2) the continued use of the
land as agricultural would impede the timely and orderly expansion of the community?
Section 193.461 provides no other basis for a reclassification by a county government.
3. Effect of Section 823.14(6) on Land Use Planning and Zoning Criteria
Mr. Reese essentially contends that comprehensive plan provisions and zoning
criteria are not regulations and, therefore, section 823.14(6) does not preclude the
County's adoption of plan provisions or zoning ordinances that merely direct certain
agricultural activities away from environmentally sensitive lands. However, Mr. Reese
overlooks the expansive language of section 823.14(6), which prohibits a local
government from adopting "any ordinance, regulation, rule, or policy to prohibit, restrict,
regulate, or otherwise limit" agricultural activities. The Legislature clearly did not intend
to limit the preemptive language of section 823.14(6)to the authority local governments
to adopt regulations but, instead, intended to prohibit any type of limitation from being
adopted. A zoning criteria or comprehensive plan provision that precludes agriculture
within certain land use classifications certainly is a limitation on agriculture.
Mr. Reese's further suggests that section 823.14(6) should not be so broadly
construed because all of the applicable best management practices ("BMPs") do not
deal specifically with the compatibility of agriculture with natural resources. Again, this
suggestion is not well founded. Section 823.14(6) creates only one situation in which
the breath of the BMP has any bearing on the preemptive effect of the statute.
Specifically, where the applicable BMPs do not expressly address well field protection,
the local government may adopt ordinances designed to provide such protection. The
statute does not give the local government that same authority where the BMPs do not
address natural resource protection. As indicated above, the express mention of this
~ This provision was adopted by the Legislature prior to the adoption of section 823.14(6) and it is not
entirely clear how a court will construe the two provisions together.
3
exception for well field protection, indicates that no such exception was intended for
other purposes.
4, Powers and Duties Assigned to Local Governments Under Section
373.4592
Section 823.14(6) states that it "does not limit the powers and duties provided for
in s. 373.4592 [relating to improvement and management of the Everglades] .... "Mr.
Reese reads this to mean that the County can adopt ordinances or plan provisions
designed to protect the Everglades. However, what he neglects to mention is that
section 373.4592 grants no such authority to any local government. In fact, section
373.4592 imposes powers and duties to enact regulations or limitations on property and
activities affecting the Everglades only upon the Department of Environmental
Protection ("DEP") and the South Florida Water Management District ("SFWMD"). In
fact, one of the BMPs applicable to agricultural operations was adopted by SFWMD in
furtherance of its responsibilities under section 373.4592.
Since section 373.4592 grants no power and imposes no duties on the County, it
offers no basis for an argument that the County may adopt limitations on agricultural
activities.
5. Article II, Section 7, of the Florida Constitution
As Mr. Reese notes, article II, section 7, of the Florida Constitution provides that
it is state policy to conserve and protect natural resoumes and requires that adequate
provision be made for such conservation and protection. However, nothing in the
constitution specifies that this must be accomplished through local comprehensive plans
or zoning ordinances. Mr. Reese's real contention is that the state statutes adopted to
protect natural resources are inadequate and, therefore, the local governments must fill
the gaps. Nothing in the conStitution suggests such a result.
Page 1 of 1
Bernard Piawah - Collier County GMP comments
From:
To:
Date:
Subject:
"Barienbrock, Andy" <Andy. Barienbrock@dep.state.fl.us>
<roger.wilburn@dca.state.fl.us>, <Mike.mcdaniel@dca.state.fl.us>
1/28/02 5:14 PM
Collier County GMP comments
Roger and Mike,
Sorry about the late comments. I have been tied up with Everglades
Restoration meetings. I have attached my comments. A couple of the comments
refer to sections of the plan the county did not change, but it may be
beneficial to add something now since they are doing this submittal. If you
have any questions, let me know.
Thanks,
Andy
<<GMP comments.doc>>
.......... c, l~.//t-" .\'~XrlXlT~tAXX/q~\TF ,%4P',~W'~ 130002 HTM 2/4/02
Page 40
Page 42
Page 44
Page 45
Page 45
Page 46
Page 47
Page 48
Page 50
Collier County GMP Comments
FLUE
(I) references to "interim"
NRPA's wouldn't these just become "NRPAS"
B 1. "TDR" appears to be a good way to help ensure protection of lands, however
I would recommend that there be a requirement to use TDRs when developing a
golf course community in the rural fringe.
6) (1) add language to the end of the sentence stating "or other program with
equivalent or more stringent standards."
(3)(e) typo add "u" to "se" The department would recommend adding (3)(0 "the
implementation of a ground water monitoring plan which monitors primary and
secondary drinking water standards on a semiannual basis (wet/dry season).
(5) last sentence somewhat confusing. What littoral shelf area requirements? The
only thing I see is a requirement that no more than 25% of the shoreline be rip rap
or vertical walls how does this translate to acres? How does that translate to an
acre per acre site preservation?
Does the creation of a littoral zone habitat actually equal the preservation of
mature cypress and pine habitats?
B) 6.c) The Department likes the idea of restricting earth mining in the secondary
receiving lands.
3. next to last line spaces between "5acresin"
at the top d) If golf courses are defined as open spaces then restrictions like
requirements for using TDR's should be included.
D)I. Three lines from the end. Are agricultural operations and golf courses really
consistent with the idea of a green belt?
CCME
Page 3
Page 22
Page 23
Page 23
Line above "North Belle Meade Study Area" add "al" to addition"
(7) (a) take "s" off of"requires"
(3) Similar concerns to using stormwater system vegetation as "native vegetation"
(4) ( c ) good provision
Page 29
Page 31
Page 32
Page 45
SS-2
SS-6
PW-6
Policy 6.3.1.
I would suggest the inclusion of a requirement for marinas to conform to DEP
criteria for "Clean Marinas".
(1) a. (2) add "provided golf course runoff is not directed towards the natural
areas".
(1) a. (4) Add "Pervious" before nature
Policy 10.3.14 Change "DER" to "DEP". Since they are changing the document
they might as well update agency references.
Policy 1.2.1 I know they haven't changed this portion but due to the number
of capacity problems the county's wastewater facilities have experienced they
may want to use a higher more conservative level of service standard than
121 gpcd
Policy 1.5.2 "DER" to "DEP"
Policy 1.8.2 "DER" to "DEP"
2
RECEIVED
BIG CYPRESS BASIN FEB 1 1 2002
SOUTH FLORIDA ¥¥A]'~1( ~LANAGEMENT D~sTmcr NATIIRAI RF-e~l!IRCIz{I
6089 Janes Lane, Naples, FL 34109
(941) 597-1505 * Suncom72'l_-7920 ° Fax (941)597-4987 * www.sfwmd.gov/organ/2_bcb.htrrd
GOV 08-04-05
February8,2002
Mr. Michael McDaniel
Growth Management Administration
2555 Shumand Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. McDaniel:
Subject: Comments on Rural Fringe Draft Document
This document has been reviewed by District engineers and environmental scientists and is a
culmination of their recommendations. Much of the rural fringe area consists of variegated areas
of swamps, marshes and sloughs that rejuvenate aquifers on which both urban and rural
populations rely for water supply. We must not lose sight of the importance of these natural
characteristics.
GENERAL COMMENTS
One of staff's biggest concerns still has to do with the indirect effects on wetlands we are trying
to protect, as a result of water table drawdowns associated with drainage that would be required
to allow the residential densities proposed for portions of the receiving areas. If we really are
trying to protect these wetlands, we would need buffers from drainage canals or ditches on the
order of 1 mile in the northern Receiving Areas and 2 miles in the southern Receiving Areas. In
this context, uses of these buffer lands that did not require drainage could be allowed. In
addition, interconnection of wetlands will be an important concept to maintain throughout the
progression process of future development. Allowing water to move naturally will provide flood
attenuation, water quality improvement, and aquifer recharge. Not recognizing the importance of
these features in past developments has resulted in us trying to find and create flowways for
surface water movement.
There were missing sections, indicated by disconnects between pages 23-24 and 24-25.
SPECIFIC COMMENTS
Future Land Use Element
Page 11, (3.3) The City of Naples is currently performing an aquifer performance test to
determine the hydrogeologic characteristics of the Lower Tamiami Aquifer and overlaying and
.... underlying semi-confining units is Golden Gate Estates. This information may be helpful to the
County in protecting well heads.
DIRECTOR
BIG CYPRESS BASIN GOVERNING BOARD
Trudi K. Williams, Chairperson, Ex officio - Ft. Myers
Mary Ellen Hawkins, Vice Chair - Naples
Clarence $. Tears, Jr.
Patricia Carroll, Secretary. - Naples Alicia E. Abbott - Marco Island
Garrett S. Richter - Naples Fred N. Thomas, Jr. - bnmokalee
Mr. Michael McDaniel
February 8, 2002
Page 2
Page 12, (3.4) The existing network of groundwater quality monitoring does not appear to be
adequate. The coverage of the network needs to be extended throughout Collier County in
conjunction with USGS to better understand and identif)' quality and quantity issues.
Page 13, (4.2) The County needs to adopt a county-wide ordinance that promotes conservation of
its groundwater supply incorporating the wellfield protection zones, and the recommendations of
the Lower West Coast Water Supply Plan.
Page 44, (4.) "The minimum project size ..... is 40 contiguous acres". It should be made clear
"40 blocks", and that someone could not just start adding smaller
that these are contiguous acre
parcels to an existing 40 acre block and gerrymandering the block through an area as they are
able to acquire parcels.
Page 44, (5.b.) ". .... and, the impacts of prescribed burning on adjacent and nearby lands." We
would replace "impacts of" with "need for" in this sentence. Regular prescribed burning is the
single best means to protect structures from wildfires because of the reduction in fuels.
Prescribed burning should not be considered an impact, but rather a necessity that should be
planned for in the design of any community.
Page 49, (2.) This comes across as primarily cosmetic, rather than a real attempt to maintain the
rural character of the area. Communities along roads are part of a rural landscape. We have
concerns about the attraction of wildlife to native vegetation in the vicinity of roads, where they
would be more likely to be killed than if the native vegetation was located far from the roads.
Page 49, (3.B. and C.) Having Rural Villages that are 1.5 to over 5 miles in diameter that could
have only 1 mile between them does not present a picture of a rural landscape, but rather
something more like classic urban sprawl. Staff recommends a much greater separation distance.
One recommendation by staff was at least 10 miles.
Page 50, (C.3.b.) If there are not sufficient designated Sending Lands to make the trades that
would allow increased densities in a Rural Village, we should not allow the arbitrary reduction or
waiver of this requirement. This loophole could undermine the whole concept of TDRs, at least
for Rural Villages.
Page 50, (3.D.1.) A greenbelt of 500 feet around a Rural Village, or concentrated in certain
portions of the Rural Village, is unlikely to stop urban sprawl, particularly if it supports
recreational uses, such as golf courses.
Conservation and Coastal Management Element
Page 22, (Policy 6.1. I .(3)) Where there are examples of a variety of native plant communities to
be preserved on a site, their ability to function naturally and support wildlife would be greatly
enhanced when they are located adjacent to one another.
Mr. Michael McDaniel
February 8, 2002
Page 3
Page 22, (Policy 6.1.1.(6)) "....open space, recreational amenities, and preserved wetlands .... "
seem like an odd mix. We can see how preserved wetlands could offset native vegetation
requirements, but not how something called "open space (e.g., golf courses) or recreational
amenities would qualify. They are just completely different types of landscapes.
Page 22, (Policy 6.1.1.(7(c))) "....the landscape plan shall recreate a native plant community .... "
Add the word "similar" in front of"native plant community".
Page 24, (Policy 6.1.4) "...shall be restored to recreate a native plant community ..... "Add the
word "similar" in front of "native plant community".
Page 30, (Policy 6.5.1) Leave in the words "within 1000 feet of" and do not substitute
"contiguous to".
Page 30, (Policy 6.5.2) Leave in the word "near" and do not substitute "contiguous to".
Page 31, (Policy 6.5.2 (1)) "...shall include those areas of natural preserves, natural or man-
made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or
man-made open space requirements". We would rewrite this as "....shall include those areas of
natural preserves, natural lakes, and other natural open space requirements". It is difficult to
picture natural lands falling into the same open lands category as man-made lakes, golf courses,
recreational areas, and required yard set-back areas. The former requires no alteration of the
hydrologic regime, while the latter requires drainage during wet periods and irrigation during dry
periods. The former supports natural communities of plants and animals, while the latter supports
very altered communities. In addition the altered open space environment impacts the hydrology
and wildlife populations of nearby natural lands. These man-made landscapes should be
considered an intensive land use, and not something comparable to natural lands. As such,
mitigation or TDR sending units should be required for them in a manner similar to that required
for other intensive land uses.
Page 31, (Policy 6.5.2 (l)a.) Eliminate uses listed in number 2 and 3 from this section.
Page 31, (Policy 6.5.2 (1)b.) A fence or wall should not be allowed to reduce the buffer distance.
Page 31, (Policy 6.5.2 (1)c.) Seems like instead of"...(1) through (3) .... "it should be "...(2)
through (4) .... ".
Page 32, (Policy 6.5.2 (1)f.) Add "on this and all adjacent sites" at the end of the sentence.
Mr. Michael McDaniel
February 8, 2002
Page 4
RURAL FRINGE AREA ASSESSMENT
Supporting CCME Objective 6.1 and Attendant Policies
We have concerns about the amount of wetlands being impacted in receiving units with increased
density. Providing flood protection for these areas will result in resource impacts.
Supporting CCME Objective 6.2 and Attendant Policies
Page 3 of 7
Paragraph 1 "within the within" delete one within.
Should you require additional information or clarification, please do not hesitate to contact me.
Director
CST/amc
William D. Lorenz, P.E., Director
Collier County Natural Resource Department
3301 East Tamiami Trail, Building H
Naples, FL 34112
REPLY TO
ATTENTION OF
Planning Division
Ecosystem Restoration Branch
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P. O. BOX 491~
JACKSONVILLE, FL.~ 32232-0019
February 4, 2002
RECEIVED
FEB 0 7 2002
NATUP~L RESOURCES
~PARTHENT
C
Mr. William Lorenz, P.E.
Collier County Natural Resource Department Director
Collier County Government
2800 North Horseshoe Drive
Naples, Florida 34104
Dear Mr. Lorenz:
Thank you for the opportunity to review the Collier County Rural Agricultural
Assessment, Draft Growth Management Plan Amendments, dated January 7, 2002.
This office acknowledges the amended goals, objectives, and policies of the Growth
Management Plan as an acceptable and encompassing plan for Collier County's future.
We especially commend the foresight to recognize the value of a balanced community,
where natural habitats, rural and urban areas each contribute to an enhanced quality of
life. Your plan offers incentive concepts and calls for creativity. These are the key
elements to allow Collier County to effectively carry out all of its objectives.
Thank you for keeping us informed of your progress. Should you have any
questions, please contact Mrs. Kelly Unger at 904-232-2050.
Sincerely,
James C. Duck
Chief, Planning Division
C
~ burgeson_b
Sent:
To:
Subject:
lorenz w
Wednesday, February 06, 2002 8:10 AM
burgeson_b; litsinger_s
FW: More input on Rural Fringe
FYI
Bill Lorenz
Collier County Natural Resources Director
3301 E. Tamiami Trail
Naples, Florida 34112
Tele: (941)732-2505
Fax: (941)774-8282
..... Original Message .....
From: Brad and Martha Miller Cornell
[mailto:millercornell@mindspring-com]
Sent: Tuesday, February 05, 2002 3:33 PM
To: Bob Mulhere; hatcher m; lorenz w
Subject: More input on R~ral Fring~
Hello Bob, Mac and Bill,
Following are some more specific comments regarding the Rural Fringe
amendments. These are being shared with the CCPC, but I also want to
----hare
hem with you all. I know you're making some adjustments as we all
prepare
for the Transmittal, I hope it is still possible to consider these in
the
process. Most of this is familiar to you, including ideas from Dr.
Nicholas. Thanks, Brad
1. FLUE, p. 42, "Rural Fringe Mixed Use District": Transfer of
Development
Rights (TDR) concept is very good. Small changes recommended:
a.) Adjust the sending and receiving numbers based on conservation
easements
extinguishing density that may be in Sending Areas but won't send.
b.) Rural Villages need modification: limit to 3, make smaller, increase
density for efficiency, increase distance between to more than 3 miles,
explicitly follow smart growth principles.
c.) Golf courses need to be considered development with some equation to
density. It is an intensive use which strongly impacts the natural
habitats, and rural character and qualities of the areas. We should
require
TDR's to be used to build these non-rural projects as part of receiving
area
residential development.
d.) Corkscrew Island community does not want to participate and could be
left out with little impact to the TDR program.
e.) In order to maximize the viability of TDR, consider strongly
expanding
Orange Tree at approx. 4 units per acre using TDR units only.
~ f.) Allow transfer of TDR units to the Urban Area, which should be a
prime
receptor for density. This should be coupled, perhaps, with minimum
smart
growth design and density standards that would make better and more
efficient use of those TDR units.
2. CCME Policy 6.1.3 on p. 24, and elsewhere implied: Agricultural land
use
~"~t be brought into policies to protect resources by applying intensity
andards. We contend the County's counsel is incorrect in saying local
gov
't cannot apply such intensity standards to ag because of the Right to
Farm
Act. Our counsel offers confirmation that this is indeed possible (we
will
share this research with you shortly) and we believe including Ag land
uses
in protection policies is absolutely necessary for successful resource
protection.
3. CCME Objective 6.2 and its policies starting p. 25: Wetland
Protections
in Receiving Areas need to be stronger than deferral to Agencies.
a.) Need strong local protection program for small, seasonal wetlands
usually written off by the agencies. Included in such a program would be
increased ratios for higer quality wetland destruction, no allowance of
upland compensation for wetland destruction, and minimum equality in
function of mitigation acres to destroyed acres.
b.) Do not lessen mitigation when impacted wetlands are exotics infested
(as
the agencies do) - wetland functions are still mostly there.
c.) Stronger protection of Collier wetlands will require increased
staffing.
Poor staffing is a big reason the Army Corps, DEP and Water Mgmt Dist
struggles with effective wetland protection and permitting. Make this
recommendation to the BCC.
c.) Clustering policy (Policy 6.2.3 at end) should have smaller minimum
--~ot
£zes for effective clustering - more efficient.
d.) If we must defer to the agencies on wetland protection, then
institute a
new policy of requiring agency permits or at least letters on both
wetlands
and listed species issues before issuing local building permits. (This
is a
good idea, regardless of program.)
4. CCME Objective 6.5 on p. 30: Protecting Natural Reservations from
Receiving lands projects needs a couple fixes:
a.) No intensive development should be allowed within 300 feet of the
boundary of the reservation, including residential yards with walls.
(see
policy 6.5.2 uses on p.31)
b.) Even though implied, explicitly state that no development should be
allowed in any wildlife corridors/trails (see. bottom of p.31 - add this
specification).
c.) Include "sending-lands" in the definition of "natural reserve" (see
Objective 6.5 on p.30)
d.) Explicitly state that buffering of all wetlands should require "no
water
table drawdown at the wetland edge" to ensure no negative project
impacts to
the County's wetlands. (see last sub-policy on p.32 under 6.5.2). This
responsibility is the developer's.
5. North Belle Meade area should be a Natural Resource Protection Area
~--a s
3roposed in staff's amendments, but Collier County Audubon Society and
~lorida Wildlife Federation are just completing work on a sector plan
with a
predominant land owner which should provide the best protections for the
resources in this area, we feel. This plan will be shared with you at
2
the
Feb. 7 meeting.
~-~* In spite of all these details, we believe staff is proposing a good
3rall program for protecting natural resources in the Rural Fringe and
we
support the concept of Transfer of development rights coupled with
strong
preservation and wildlife protection standards throughout. Our major
issue
of contention is only the inclusion of agricultural land uses in these
policies.
FLUE
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
FUTURE LAND USE ELEMENT
Prepared By
Collier County Planning Services Department
Comprehensive Planning Section
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
October, 1997
AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN
FUTURE LAND USE ELEMENT
Symbol Date Amended Ordinance No.
** May 9, 2000 Ordinance No. 2000-25
*** May 9, 2000 Ordinance No. 2000-26
(I) May 9, 2000 Ordinance No. 2000-27
(11) May 9, 2000 Ordinance No. 2000-30
(111) May 9, 2000 Ordinance No. 2000-33
(IV) December 12, 2000 Ordinance No. 2000-87
**** March 13, 2001 Ordinance No. 2001-11
(V) March 13, 2001 Ordinance No. 2001-12
Note:
CV)
Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County
Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and
policies at issue in Administration Commission Case No. ACC-99-02
(DOAH Case No. 98-0324GM).
Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County
Growth Management Plan, having the effect of rescinding certain EAR-based objectives and
policies at issue in Administration Commission Case No. ACC-99-02
(DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental
Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge
Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public
Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No.
97-64), Conservation and Coastal Management Element (Ord. No. 97-66), and the Future Land
Use Element and Future Land Use Map (Ord. No. 97-67); and re-adopts Policy 2.2.3 of the
Golden Gate Area Master Plan.
Indicates adopted portions
The support document will be updated as current information becomes available.
Scrivener's Ordinance correcting omissions on Flue Map
Plan Amendment CP-2000-3,4,5,7 & 11 by Ordinance No. 2001-12 on March 13, 2001
I1.
TABLE OF CONTENTS
SUMMARY
OVERVIEW
A.
B.
C.
PURPOSE
BASIS
UNDERLYING CONCEPTS
Protection of Natural Resource Systems
Coordination of Land Use & Public Facilities
Management of Coastal Development
Provision of Adequate & Affordable Housing
Attainment of High Quality Urban Design
Improved Efficiency and Effectiveness in the
Land Use Regulatory Process
Protection of Private Property Rights
SPECIAL ISSUES
Coordination of Land Use and Public Facility Planning
Level of Service Standards
Vested Rights
FUTURE LAND USE MAP
*IMPLEMENTATION STRATEGY
* GOALS, OBJECTIVES AND POLICIES
* FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
Urban Designation
Density Rating System
Agricultural/Rural Designation
Estates Designation
Conservation Designation
Overlays and Special Features
* FUTURE LAND USE MAP SERIES
*Future Land Use Map
*Mixed Use & Interchange Activity Centers
*Properties Consistent by Policy (5.9, 5.10, 5.11 )
*Natural Resources - Wetlands
(I)* Wellhead Protection Areas
(IV)* Bayshore/Gateway Triangle Redevelopment Overlay Map
Support Document:
Public Facilities
Natural Resources - Waterwells, Cones of Influence
River, Bays, Lakes, Floodplains, Harbors, and
Minerals (includes lands acquired for conservation
and lands proposed for acquisition for conservation)
Soils
III. SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS
(Separate Table of Contents)
Page
3-65-9
011
· l. 0-~. ~.'!. 3-20
4-7--4421-59
4460
Words 3tr','.ck tkrcugh are deleted; words underlined are added.
Page 3
SUMMARY
The Future Land Use Element includes three major sections:
Overview,
Implementation Strategy,
And
Land Use Data and Analysis.
The Overview simply provides an introduction as to the purpose, basis, underlying concepts and
special issues addressed by the Element.
The Implementation Strategy is where the Element is brought into effect. Included are the Goals,
Objectives, Policies and Future Land Use Map.
The third section consists of Support Document: Land Use Data and Analysis. The information
found there provides a basis for the Implementation Strategy and serves to meet the requirements
of Section 9J-5.006, Florida Administrative Code, minimum requirements for the Future Land Use
Element.
Words struck through are deleted; words underlined are added.
Page 4
I. OVERVIEW
A. PURPOSE
The geographic framework for growth in Collier County is established by the Future Land Use
Element. As such, the Element is central to planning for: protection and management of natural
resources~;public facilities~; coastal and rural development~; and, housing and 'Jrba,", community
character and design. The Element is also important to the County's system of land development
regulations and to private property rights.
The purpose of the Future Land Use Element is to guide decision-making by Collier County on
regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element
controls the location, type, intensity and timing of new or revised uses of land. The land use
strategy in this Element is closely coordinated with a strategy for provision of public facilities as
found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan, and
with the strateqies to protect and conserve natural resources as found in the Conservation and
Coastal Manaqement Element.
B. BASIS
This Element is based in large part on the Future Land Use Element adopted as part of the 1983
and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans
have served Collier County well, therefore, a general continuation is provided. The best
characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future
Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts,
thus intensive land uses, to those areas. Moreover, this Element includes a strategy for the
protection of natural resources and a.qri-business predominant in Rural/Aqricultural Desiqnated
Areas, by employing various regulations and incentives to direct incompatible land uses away from
such natural resources and to enhance the economic viability of agri-business.
In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the
summation of the detailed planning conducted for each of the other portions of the Comprehensive
Plan. Data, analysis and implementation strategies from the various elements have contributed to
the geographic framework through the configuration of the designations on the Future Land Use
Map and the associated standards for use of land.
The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan
form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local
Comprehensive Planning and Land Development Regulation Act" and Chapter 9J-5, Florida
Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and
Determination of Compliance," provide detailed requirements on the scope and content of the
Element.
Finally, major contributions to this Element have been provided by the public through the following: · Collier County Citizens Advisory Committee in conjunction with the Evaluation and
Appraisal Report adopted by the Board of County Commissioners in April, 1996,
· The Rural Fringe Area Oversiqht and Eastern Lands Area Oversiqht Committees;
· The Environmental Advisory Council;
· Tthe Collier County Planning Commission, which is the local planning agency,; and,
· Other groups and individuals, through both written and verbal input, at, or as a result of,
hundreds of duly advertised public workshops and meetings.
C. UNDERLYING CONCEPTS
The land use strategy established by this Element is based on a series of concepts, which emerge
from the foundation cited earlier. The policy direction and implementation mechanisms closely
relate to these underlying concepts.
Words struck through are deleted; words underlined are added.
Page 5
Protection of Natural Resource Systems
Collier County is situated in aw unique, sensitive and intensely interactive physical environment.
Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous
groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora
and fauna, ncluding many species that are Federally and/or State listed, warrantin.q special
protection; extensive and highly productive estuarine systems; and. many miles of sandy beach.
In addition to their habitat value, :l:these natural resources perform functions '.¥h!ch that are vital to
the health, safety and welfare of the human population of the County, and serve as a powerful
magnet to attract and retain visitors and residents. Therefore, protection and management of
natural resources for long-term viability is essential to support the human population, ensure a
high quality of life, and facilitate economic development. Important to this concept is management
of natural resources on a system-wide basis.
The Future ILand Use Element is designed to protect and manage natural resource systems in
several ways=:
· Urban Designated Areas on the Future Land Use Map are located and configured to guide
concentrated population growth and intensive land development away from areas of great
sensitivity and toward areas more tolerant to development.
· Within the Urban Designated Areas this Element encourages Planned Unit Development
zoning and assigns maximum permissible residential density based on the gross land area.
Through site plan review procedures in the Land Development Regulations (LDRs),
c!tcr~ticn and ccnstructicn development is guided to the portions of the property that is of
lesser environmental quality,,,,v,v .... *"'.v,v,~,,.* *'".~ ~...,..~.,,,..,,., '~ .... ' .....+ thus, in effect, constituting an
on-site transfer or clusterinq of development rights. Aisc, ~
· A broader "off-site" Transfer of Development Rights (TDR) provision, set forth in this
Element and primarily applicable to the Rural Frinqe Mixed Use District cxlsts in thc L=nd
n .... ~ ....., ,= .... ,..,~,-...c is a key component of the County's overall strateqy to direct
incompatible land and uses away from important natural resources, including large
connected wetland systems and listed species and their habitat.
· An Area of Critical State Concern Overlay is included on the Future Land Use Map to
ensure implementation of all applicable Land Development Regulations in the
Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand
Islands areas.
· The County has adopted several Natural Resource Protection Area (NRPA) overlays,
which are intended to maintain the connection between, and the preservation of, large
connected wetland systems and critical habitat areas for listed species by allowing very
limited land uses and through hi.qh native veqetation preservation standards and buffers
from adiacent land uses. These NRPA overlay areas are primarily located within
Aqricultural/Rural desiqnated areas where these larqe connected wetlands systems and
habitat areas occur.
· The County's Land Development Regulations provide standards for protection of
groundwater, particularly in close vicinity to public water supply wells a~-ex¢~]~ by
implementinq policies set forth in the Natural Groundwater Aquifer Recharge Element.
· Natural resources are also protected throuqh close spatial and temporal coordination of
land development with the availability of adequate infrastructure (public or private facilities)
to ensure optimized accommodation of human impacts, particularly in relation to water
supply, sewage treatment, and management of solid waste. This coordination is
accomplished through the provision of public facilities as detailed in the Capital
Improvements and Public Facility Elements and throuqh the Level of Service Standards
(LOS) found herein.
Words -~ .... '- *~ ..... ~
............. ~,, are deleted; words underlined are added.
Page 6
Of crucial importance to the relationship between natural resources and land use is the completion
and implementation of multi-objective watershed management plans as described in the Drainage
Element. Water is the greatest integrator of the physical environment in that it links together
dynamic ecological and human systems. Therefore, the watershed management plan must take
into account not only the need for drainage and flood protection but also the need to maintain
water table levels and an approximation of natural discharge to estuaries. The watershed
management plans will have implications for both water management and land use practices.
Coordination of Land Use and Public Facilities
At the heart of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the
requirement that adequate service by public facilities must be available at the time of demand by
new development. This requirement is achieved by spatial coordination of public facilities with
land uses through the Future Land Use Map; and temporal coordination through L=':=I cf
LOS Sstandards. The ~vel~[-Ser,,,~e LOS Sstandards are binding - no final local Development
Order may be issued which is not consistent with the Concurrency Management System. Binding
L~';c! cf Scr';!c~ LOS Sstandards have been established for roads, water supply, sewage
treatment, water management, solid waste and parks. While the standards in the Capital
Improvements and Public Facility Elements serve to guide public provision of infrastructure, within
the context of the Future Land Use Element the Sstandards serve to assure the availability of
adequate facilities_whether public or private.
The Urban Service Area concept manifested in this Element is crucial to successful coordination of
land development and the provision of adequate public facilities. It is within Urban Designated
Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus
the more intensive land uses. Since Urban Designated Areas are where intensive land uses are
guided, it is also where fiscal resources are primarily concentrated for the provision of roads, water
supply, sewage treatment and water management. Alcc, Never-the-less, facilities and services
such as parks, gcwrnm~nt~,,~,,N' ,;,.~,.,.~,=~, schools, a"d,, emergency and other essential services, and
improvements to the existing road network ~r~ ,..;,.,...~;,,, ,,.,,.~,~,.~ ,,,;,~,;.,, ,.N..., r~ ,. o ;,., .. .. ,..,~ ~ ....
are anticipated Qoutside of the Urban Designated Areas, primarily within the areas known as
North Golden Gate Estates and the Rural Frinqe Mixed Use District. In the case Q_f._desianated
Receivinq Lands within the Rural Frinqe Mixed Use District, in order to protect natural resources
and private property ri.qhts, extension of central sewer and water is permitted in order to: support
the TDR program; allow for maximum utilization of clusterinq of allowable residential density;
foster the development of rural villaqes; and, as an incentive to encoura,qe the use of other
innovative plannin.q techniques. ,-.,.,,,,, ...... ;,.,,,~..o.,, ,~,..~ .... .- ..... ;~o;N,,......., *N, ,~ ,... ~. ~,.~.
,~..~. ,v.~, ~, ..~.~. ,~ ~ ..... ,~,~ ,~ ,~,0~ ~, .~,.~ .... ,,~, ..~, ~,,~
sewe~. It is important that the Urban Designated Area not be so large that public facilities cannot
be efficiently and effectively planned for and delivered; and not be so small that the supply of land
available for development is extremely limited with resultant lack of site selection options and
competition leading to elevated land prices. It is also important that the time frames for land use
and public facility planning be coordinated as discussed later in this Overview.
Management of Coastal Development
Two major coastal development issues in Collier County are the protection of natural resources
and the balancing of risk in natural hazard areas.
Words "~ .... "-~ ..... ~
............. ~.. are deleted; words underlined are added.
Page 7
Extensive populated areas in Collier County are vulnerable to periodic salt-water inundation from
tropical storms or hurricanes. It is extremely important that an acceptable balance between at-risk
population and evacuation capability be achieved. In addition, public and private investment in
such vulnerable areas must be carefully considered.
This issue is addressed here and in the Conservation and Coastal Management Element through
several measures. A Coastal Management Area is identified on the Future Land Use Map
essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category
1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning
areas. Within the Coastal Management Area maximum permissible residential density is limited in
recognition of the level of risk, the existing deficiency of evacuation shelter space and existing
patterns of density. A Coastal High Hazard Area is identified in Conservation and Coastal
Management Element and policies are provided. Finally, coastal natural hazards are addressed
through Land Development Regulations already in effect relating to coastal building standards, per
Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in
the FEMA Flood Insurance Program.
Provision of Adequate and Affordable Housinq
An emerging issue in Collier County is the availability of adequate and affordable housing for Iow
and moderate-income populations. The Future Land Use Element encourages the creation of
affordable housing through provisions which allow for increased residential density if the proposed
dwelling units would be affordable based on the standards found in the Housing Element.
Attainment of Hi.qh Quality Urban Design
The report of the Regional/Urban Design Team for the Naples area, dated April 1987, and
subsequent recommendations of the PJUDAT Citizen Committee, provide another underlying
concept. While the Growth Management Plan as a whole provides the requisite foundation for
superior urban design through a sound framework for growth (protection of natural resources,
thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future
Land Use Element provides several additional measures.
Major attention is given to the patterns of commercial development in Collier County. Concern
about commercial development relates to transportation impacts both on a micro (access to road
network) and macro (distribution of trip attractors and resultant overall traffic circulation) level and
it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to
adopt standards for road access has been accomplished through the Access Control Policy
adopted by Resolution and the Access Management Plans for Mixed Use Activity Centers included
in the Land Development Regulations. The Future Land Use Element includes improved
Iocational criteria for commercial development. The Mixed Use Activity Centers are intended to
provide for concentrated commercial development but with carefully configured access to the road
network. Superior urban design is therefore promoted by carefully managing road access,
avoiding strip commercial development, improving overall circulation patterns, and providing for
community focal points.
A second urban design initiative relates to Corridor Management Plans. The Future Land Use
Element committed to the completion of such plans for two roadways initially and to extend the
concept to other roads in the future. The plans will identify an urban design theme for a particular
road and recommend a package of Land Development Regulations (land use, height, setback,
landscaping, signage, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to
achieve that theme. The City of Naples and Collier County have cooperated on the first roads to
be treated with this approach. The Streetscape Master Plan adopted by the Board of County
Words ztruch through are deleted; words underlined are added.
Page 8
Commissioners identifies appropriate landscaping treatments for the different corridors in the
County.
Collier County has also adopted Design Standards for all commercial development into the Land
Development Code. These development standards include building design, parking lot
orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards
will provide for quality development that is responsive to the Community's character.
Improved Efficiency and Effectiveness in the Land Use Regulatory Process
Attention has been devoted to improving the land use regulatory process through straightforward
requirements and procedures. This has led to the style and structure of this Plan; a reorganization
of the development review process; and the compilation of all Land Development Regulations into
a single, unified Land Development Code.
Protection of Private Property Rights
Important to every facet of this Element is maintenance of a careful balance between private
property rights and the general public interest. Although sound land use management by
definition establishes limits on use of property, care has been taken to ensure the limits are
rational; fair; based on the health, safety and welfare of the public; and that due process is
provided. Of particular importance is the issue of vested rights, which is addressed later in this
Overview.
D. SPECIAL ISSUES
Coordination of Land Use and Public Facility Planning
It is important that the time frames of land use planning and public facilities planning be
coordinated. During the development of the Urban Area Buildout Study it became clear that an
incongruity existed in that under the1989 Collier County Comprehensive Plan, enough land in the
western coastal area was designated Urban for approximately 275,000 dwelling units (inclusive of
the City of Naples) with a population of 458,000, with buildout occurring between 2019 and 2046,
depending on the growth rate of the County. Of this, approximately 120,000 dwelling units were
built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough
land had been included for approximately 39,000 dwelling units with a build-out time hOrizon of
2105. These buildout time frames are contrasted by the time frames for public facility planning
which are at 10 years for all facilities except roads where a 2020 financially feasible plan exists for
the County. The 2020 plan is designed to accommodate approximately 246,500 dwelling units and
a population of 393,100 (inclusive of the City of Naples).
As previously discussed, Level of Service Standards for public facilities which are binding on land
development are adopted for roads, water supply, sewage treatment, water management, parks
and solid waste. Of these, the first are most closely tied to the development of a property -
adequate roads, water, sewer and water management must be on or adjacent to a property in
order for it to be developed. Parks and solid waste are a matter of ensuring adequate countywide
capacity. To narrow the issue further, it is recognized that the approach to adequate water
management is regulatory - a level of on-site storm flood protection is required. In the case of
water and sewer, the County has provided utility systems, which are substantial and expanding.
Thus, the critical issue becomes coordination of land use and transportation time frames.
The difficulties that this incongruity - in land use planning and transportation planning time frames
- could lead to, include:
- An internally inconsistent Plan;
- Failure to reserve adequate right-of-way at time of zoning;
- Condemnation of land after zoning or after development in order to obtain adequate
right of way;
Words struck through are deleted; words underlined are added.
Page 9
Temporary prohibitions on issuance of Development Orders due to violations of Level
of Service Standards; and
Progressive lowering of Level of Service Standards.
The Comprehensive Plan responds to the time frame discrepancy through immediate action and
through process oriented commitments. First, the Traffic Circulation Element includes an
Objective to coordinate with the Future Land Use Element and a policy to complete long range
transportation planning. The Urban Area Buildout Study was prepared to assist in the
development of a long range "vision" of the Coastal Urban Area with a specific focus on the
infrastructure improvements needed to accommodate the Urban area's potential growth based on
the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the
urban area population while Phase II was an analysis of infrastructure needed to accommodate
that population. Second, the Density Rating System has been adjusted to moderate maximum
permissible densities in areas subject to long range congestion. Third, commercial development
opportunities in the form of Mixed Use Activity Centers are provided to include a mixture of uses
which has the potential to lessen the impact on the transportation system. Fourth, the Level of
Service Standards that are binding on the issuance of Development Orders are adopted as part of
this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation
Program has been established and implemented which reviewed and modified, where possible,
zoning with a higher density or intensity than provided for in the 1989 Comprehensive Plan.
The areas identified as subject to long range traffic congestion consist of the western coastal
Urban Designated Area seaward of a boundary marked by Airport Road (including an extension
north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake
Hammock Road consistent with the Activity Center's residential density band located at the
southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951
(including an extension to the east). The basis for this determination was the 2015 Transportation
Plan which forecasts future land use based on existing development, potential development and
population projections. The land use forecasts are the basis for projected unconstrained traffic
circulation from which, once compared to the existing roadway network, future roadway needs are
derived. The 2020 Financially Feasible Road Plan, as well as the Needs Assessment Plan, which
represents buildout of the Urban Area, have not met with public acceptance. Therefore, the
strategy discussed above is promoted, which include: extend time frame of transportation
planning; moderate maximum permissible densities in areas subject to long range congestion;
provide commercial development opportunities which serve to modify the overall traffic circulation
pattern; and re-evaluate existing zoning.
Level of Service Standards
Standards for adequate service for roads, water, sewer, water management, parks and solid
waste are adopted as a part of the Capital Improvements Element. While a major purpose of the
standards in the Capital Improvements Element is to drive the funding of facility expansion
commensurate with the demand created by population growth, the major purpose for inclusion in
this Element is to serve as a regulatory tool.
Objective 2 states:
... No local Development Order shall be issued unless required public facilities meet the
requirements of the Concurrency Management System found in the Capital Improvements
Element...
As discussed in the previous section, implementation of the Standards will rely on the following
strategies:
Parks - Annual Certification of Adequate Capacity;
Solid Waste - Annual Certification of Adequate Capacity;
Water Management - Project-Specific Regulatory Requirement;
Words struck through are deleted; words underlined are added.
Page 10
Sewage - Project-Specific Capacity Test (may be provided publicly or privately as a central or
individual system);
Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or
individual system); and
Roads - Project-Specific Capacity Test.
It is recognized that difficulties may arise in situations where the County is not providing the facility
or service but is responsible for implementation of a regulatory Level of Service Standard. This is
the case with State Roads running through the County; with independent and City of Naples water
and sewer districts within the County; and conversely, with County Roads running through the City
of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service
Standard with the "funding" Level of Service Standard. However, if there is a failure by the service
provider, adjustment to the regulatory effort may be forced. For example, if the State Department
of Transportation allows a road to fall below its "funding" standard, (which is the same as the
County's "regulatory" standard) and there is no commitment to accelerate funding and
construction, four options are available:
A moratorium may be imposed but may not be sustainable if there is no commitment to
improve the road by a definite and reasonable time;
- The County may improve the road;
The private sector may improve the road; or
- The regulatory Level of Service Standard may be lowered through a Comprehensive Plan
amendment process.
Vested Rights
The issue of vested rights for approved but unbuilt development is an important consideration in
the Future Land Use Element. The issue emerges with regard to existing zoning which is
inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential
dwelling units in relation to the difficulty of forecasting development trends and resultant facility
needs; with regard to transportation planning time frames and right-of-way needs; and with regard
to approved but unbuilt commercial zoning (C-1-C-5 and PUD) in 1995 which found that of the
approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43%, are developed.
This Comprehensive Plan responds to the vested rights issue by establishing a program which
reviewed all previously approved zoning. Within three years after Plan was adopted, all zoning
was reviewed. If it is was determined to be inappropriate and is not vested, the zoning was
adjusted to an appropriate classification. Annually thereafter, zoning will be re-evaluated on the
fifth anniversary of its approval as identified in the Land Development Regulations. (See Appendix
C of the Support Document for a complete discussion of the vested rights issue).
E. FUTURE LAND USE MAP
The Future Land Use Map depicts the desired extent and geographical distribution of land uses in
the County. Mixed-use categories are used to generally describe the character of allowed
development. Within each of these categories, a range of uses are is permitted based upon
specific standards as described in the Designation Description Section of this Element. These
uses include residential, commercial, industrial, agricultural, recreational, conservation,
educational, community, and public facilities.
The Future Land Use Map series includes additional map series:
Future Land Use Map - Mixed Use Activity Centers and Interchange Activity Centers
Future Land Use Map - Properties Consistent by Policy (5.9, 5.10, 5.11 )
Future Land Use Map - Natural Resources: Wetlands;
The following Future Land Use Maps are located in the Support Document:
Future Land Use Map - Public Facilities, which shows existing and planned public facilities;
Words struck thrcugh are deleted; words underlined are added.
Page 11
Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays,
Lakes, Floodplains, Harbors and Minerals (this map also shows those
properties proposed for public acquisition by the State Department of
Environmental Protection Conservation and Recreational Lands
Program (CARL) and the South Florida Water Management District's
Save Our Rivers Program);
Future Land Use Map - Natural Resources: Soils.
Words struck through are deleted; words underlined are added.
Page 12
II. IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
GOAL:
TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN
A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL
PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S
HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING
REQUIREMENTS AND LOCAL DESIRES.
OBJECTIVE 1:
Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be
consistent with designations outlined on the Future Land Use Map. The Future Land Use Map
and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all
Development Orders effective with the adoption of this Growth Management Plan. Standards and
permitted uses for each Future Land Use District and Subdistrict are identified in the Designation
Description Section. Through the magnitude, location and configuration of its components, the
Future Land Use Map is designed to coordinate land use with the natural environment including
topography, soil and other resources; promote a sound economy; coordinate coastal population
densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of
urban sprawl.
Policy 1.1:
The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts
for:
A. URBAN
1.
2.
3.
4.
5.
6.
7.
(Il) 8.
9.
(V)10.
B, URBAN
1.
2.
(V) 3.
4.
C. URBAN
1.
- MIXED USE DISTRICT
Urban Residential Subdistrict
Urban Residential Fringe Subdistrict
Urban Coastal Fringe Subdistrict
Business Park Subdistrict
Office and Infill Commercial Subdistrict
PUD Neighborhood Village Center Subdistrict
Traditional Neighborhood Design Subdistrict
Orange Blossom Mixed-Use Subdistrict
Goodlette/Pine Ridge Commercial Infill Subdistrict
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict
- COMMERCIAL DISTRICT
Mixed Use Activity Center Subdistrict
Interchange Activity Center Subdistrict
Livingston/Pine Ridge Commercial Infill Subdistrict
Business Park Subdistrict
- INDUSTRIAL DISTRICT
Business Park Subdistrict
Policy 1.2:
The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use
Districts and Subdistricts for:
A. AGRICULTURAL/RURAL- MIXED USE DISTRICT
1. Rural Commercial Subdistrict
B. RURAL FRINGE MIXED USE DISTRICT
..... ~- *~ ..... ~ are deleted; words underlined are added.
Words ~ ............ ~..
Page 13
BC. RURAL - INDUSTRIAL DISTRICT
CD.RURAL - SETTLEMENT AREA DISTRICT
Policy 1.3:
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts: as described in the Golden Gate Area Master Plan.
Policy 1,4:
The CONSERVATION Future Land Use Designation shall include a Future Land Use District.
Policy 1.5:
Overlays and Special Features shall include: A. Area of Critical State Concern Overlay
B. ~'""3° '''~ =""~ ...... ,.., r. .... r" '~ .... "-" North Belle Meade Overlay
C. Natural Resource Protection Area Overlays
D. Airport Noise Area Overlay
(IV)E. Bayshore/Gateway Triangle Redevelopment Overlay
OBJECTIVE 2:
The coordination of land uses with the availability of public facilities shall be accomplished through
the Concurrency Management System of the Capital Improvements Element and implemented
through the Adequate Public Facilities Ordinance of the Land Development Code.
Policy 2.1:
The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public
Facilities which shall include a determination of the existing conditions of capital public facilities,
determine the remaining available capacity, forecast future needs in the five year capital
improvement schedule and identify needed improvements and funding to maintain the level of
service adopted in Policy 1.1.5 of the Capital Improvements Element.
Policy 2.2:
Deficiencies or potential deficiencies that have been determined through the Annual Update and
Inventory Report on capital public facilities may include the following remedial actions: establish an
area of significant influence for roads, add projects to the Capital Improvements Element or defer
development until improvements can be made or the level of service is amended to ensure
available capacity.
Policy 2.3:
Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires
the certification of public facility availability prior to the issuance of a final local development order.
OBJECTIVE 3:
Land Development Regulations have been adopted to implement this Growth Management Plan
pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources,
the availability of land for utility facilities, promote compatible land uses within the airport noise
zone, and to provide for management of growth in an efficient and effective manner.
Policy 3.1:
Land Development Regulations have been adopted into the Land Development Code that contain
provisions to implement the Growth Management Plan through the development review process
and include the following provisions:
Words s~ .... ~' ~ ..... ~
............ 9,, are deleted; words underlined are added.
Page 14
ao
co
(I) d.
eo
go
h°
The Collier County Subdivision Code shall provide for procedures and standards for the
orderly development and subdivision of real estate in order to ensure proper legal
description, identification, documentation and recording of real estate boundaries and
adequate infrastructure for development.
Protect environmentally sensitive lands and provide for open space. This shall be
accomplished i,", p3.'-t through various Land Use Desi.qnations that restdct hi.qher intensity
land uses and require specific land development standards for the remaininq allowable
land uses and through the adoption of NRPA Overlays and integration of State of Florida
Big Cypress Area of Critical State Concern regulations into the Collier County Land
Development Code. This shall also be accomplished through regulations such as
minimum open space and native vegetation preservation requirements, and through
incentives that encouraqe the use of creative land use plannin.q techniques and
innovative approaches to development in the County's A.qricultural/Rural Desi.qnated
Area.
Drainage and stormwater management shall be regulated by the implementation of the
South Florida Water Management District Surface Water Management regulations.
Identified potable water wellfields are depicted on the Future Land Use Map Series as
wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management
Element specifies prohibitions and restrictions on land use in order to protect these
identified wellfields.
Regulate signage through the Sign Ordinance, which shall provide for frontage
requirements for signs, shared signs for smaller properties, definitions and establishment
of an amortization schedule for non-conforming signs.
The safe and convenient on-site traffic flow and vehicle parking needs shall be
addressed through the site design standards as well as site development plan
requirements which include: access requirements from roadways, parking lot design and
orientation, lighting, building design and materials, landscaping and buffering criteria.
Ensure the availability of suitable land for utility facilities necessary to support proposed
development by providing for a Public Use Zoning District for the location of public
facilities and other Essential Services.
The protection of historically significant properties shall be accomplished, in part, through
the adoption of the Historic/Archaeological Preservation Regulations which include the
creation of an Historic/Archaeological Preservation Board; provides for the identification
of mapped areas of Historic/Archaeological probability; requires a survey and
assessment of discovered sites; and provides a process for designation of sites,
structures, buildings and properties.
The mitigation of incompatible land uses with the area designated as the Naples Airport
Noise Zone shall be accomplished through regulations which require sound-proofing for
all new residential structures within the 65 LDN Contour as identified on the Future Land
Use Map; recording the legal descriptions of the noise contours in the property records
of the County and through an inter-local agreement to notify the Naples Airport Authority
of all development proposals within 20,000 feet of the airport which exceed height
standards established by the Federal Aviation Administration.
Words struc]~ thrcugh are deleted; words underlined are added.
Page 15
No development orders shall be issued which are inconsistent with the Growth
Management Plan, except for where a Compatibility Exception or Exemption has been
granted or where a positive Determination of Vested Rights has been made pursuant to
the Zoning Reevaluation Program.
Policy 3.2:
The Land Development Regulations have been codified into a single unified Land Development
Code (Ordinance 91-102). The development review process has been evaluated and improved to
focus on efficiency and effectiveness through unification of all review staff in a single
organizational unit and through streamlining procedures.
OBJECTIVE 4:
In order to improve coordination of land uses with natural and historic resources, public facilities,
economic development, housing and urban design, the Future Land Use Element shall be
continually refined through detailed planning. Future studies might address specific geographic or
issue areas. All future studies must be consistent with the Growth Management Plan and further
its intent.
Policy 4.1:
A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into
this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources,
Future Land Use, Water Management, Public Facilities and other considerations.
Policy 4.2:
A detailed Master Plan for the Immokalee has been developed and was incorporated into this
Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources,
Future Land Use, Public Facilities, Housing, Urban Design, Land Development Regulations and
other considerations. Major purposes of the Master Plan shall be coordination of land use and
transportation planning, redevelopment or renewal of blighted areas and elimination of land uses
inconsistent with the community's character.
Policy 4.3:
A detailed Master Plan for Marco Island has been developed and was incorporated into this
Growth Management Plan in January 1997. The Master Plan addresses Population, Public
Facilities, Future Land Use, Urban Design, Land Development Regulations and other
considerations.
Policy 4.4:
Corridor Management Plans have been developed by Collier County in conjunction with the City of
Naples. The Plans identify appropriate urban design objectives and recommend Land
Development Regulations and Capital Improvements to accomplish those objectives. Plans have
been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road,
and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management
Plans may be prepared as directed by the Board of County Commissioners. The goals for each
Corridor Management Plan will be established prior to the development of the Plan. Corridors that
may be considered jointly with the City of Naples include:
a. Pine Ridge Road from US 41 to Goodlette-Frank Road;
b. Davis Boulevard from US 41 to Airport Road;
c. US 41 from Creech Road to Pine Ridge Road; and
d. US 41 from Davis Boulevard to Airport Road.
The Board of County Commissioners will determine the boundaries of the corridors selected and
the time frame for completion.
Words "~ .... "~-~' ..... "' are deleted; words underlined are added.
Page 16
Policy 4.5:
An Industrial Land Use Study has been developed and a summary incorporated into the support
document of this Growth Management Plan. The study includes a detailed inventory of industrial
uses, projections of demand for industrial land, and recommendations for future land use
allocations and Iocational criteria. Upon completion of the Economic Plan, a study will be
undertaken to identify the need for additional Industrially designated land within the Coastal Urban
Area.
Policy 4.6:
Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land
Use Map have been developed and incorporated into the Collier County Land Development Code.
The intent of the Access Management Plans is defined by the following guidelines and principles:
a. The number of ingress and egress points shall be minimized and shall be combined and
signalized to the maximum extent possible.
b. Spacing of access points shall meet, to the maximum extent possible, the standards set
forth in the Collier County Access Management Policy (Resolution #92-442, adopted
August 18, 1992).
c. Access points and turning movements shall be located and designed to minimize
interference with the operation of interchanges and intersections.
d. Lots, parcels, and subdivisions, which are created, shall be encouraged to dedicate
cross-access easements, rights-of-way, and limited access easements, as necessary
and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are
complied with.
Policy 4.7:
Redevelopment Plans for existing commercial and residential areas may be considered by the
Board of County Commissioners. These plans may consider alternative land use plans,
modifications to development standards, and incentives that may be necessary to encourage
redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program,
changes to the density and intensity of use permitted may be considered, in order to encourage
redevelopment in these areas. Some of the specific areas that may be considered by the Board of
County Commissioners for redevelopment include:
a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road;
b. Bayshore Drive between U.S. 41 East and Thomasson Drive;
c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road;
d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road;
e. U.S. 41 North in Naples Park;
f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and,
g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores
#1.
Policy 4.8:
Maintain and update, on an annual basis, the following demographic and land use information:
existing permanent population, existing seasonal population, projected population, existing
dwelling units, and projected dwelling units. Included with this database shall be a forecast of the
geographic distribution of anticipated growth.
Policy 4.9
Prepare a Rural and Agricultural Area Assessment, or any phase thereof, and adopt plan
amendments necessary to implement the findings and results of the Assessment, or any phase
thereof, pursuant to the Final Order (AC-99-002) issued by the Administration Commission on
Words -~ .... '- ~ ..... ~
............. 9-, are deleted; words underlined are added.
Page 17
June 22, 1999. The geographic scope of the assessment area, public participation procedures,
interim development provisions, and the designation of Natural Resource Protection Areas on the
Future Land Use Map are described in detail in the Agricultural/Rural Designation Description
Section.
Policy 4.10
Public participation and input shall be a primary feature and goal of the planning and assessment
effort. Representatives of state and regional agencies shall be invited to participate and assist in
the assessment. The County shall ensure community input through each phase of the
Assessment which may include workshops, public meetings, appointed committees, technical
working groups, and established advisory boards including the Environmental Advisory Committee
and the Collier County Planning Commission in each phase of the Assessment.
OBJECTIVE 5:
In order to promote sound planning, protect environmentally sensitive lands and habitat for listed
species while protecting private property rights, ensure compatibility of land uses and further the
implementation of the Future Land Use Element, the following general land use policies shall be
implemented upon the adoption of the Growth Management Plan.
Policy 5.1:
All rezonings must be consistent with this Growth Management Plan. Property zoned prior to
adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning
Re-evaluation Program are consistent with the Growth Management Plan and designated on the
Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted
to these properties, and to other properties deemed consistent with this Future Land Use Element
via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use,
permitted number of dwelling units, and the overall intensity of development allowed by the new
zoning district, except as allowed by Policy 5.11 are not increased.
Policy 5.2:
All proposed development shall be reviewed for consistency with the Comprehensive Plan and
those found to be inconsistent with the Plan by the Board of County Commissioners shall not be
permitted.
Policy 5.3:
Discourage unacceptable levels of urban sprawl in order to minimize the cost of community
facilities by:confining urban intensity development to areas designated as Urban on the Future
Land Use Map~;,~,~"'~,,~ ,.j~'" requiring that any changes to the Urban Designated Areas be contiguous
to an existing Urban Area boundary,;, and by encouraqing the use of creative land use plannin.q
techniques and innovative approaches to development in the County's A.qricultural/Rura
Desiqnated Area, which will better serve to protect environmentally sensitive areas, maintain the
economic viability of agriculture and other predominantly rural land uses, and provide for cost
efficient delivery of public facilities and services.
Policy 5.4:
New developments shall be compatible with, and complementary to, the surrounding land uses,
subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91-102,
adopted October 30, 1991, as amended.
Policy 5.5:
Encourage the use of e)dstmej land presently z-ened desi.qnated for urban intensity uses before
desic~natin(~ ~ develef~Re~ ef-other areas for urban intensity uses. This shall occur by
Words struck-thrcugh are deleted; words underlined are added.
Page 18
planning for the expansion of County owned and operated public facilities and services to existing
z-eP, e~ lands designated for urban intensity uses, the Rural Settlement District (Oran.qetree PUD),
and the Rural Fringe Mixed Use District before servicing ethe¢ new areas.
Policy 5.6:
Permit the use of clustered residential development,,,,~,, ~' .... ;,-,-,~, Planned Unit Development
techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of
development rights, agricultural and conservation easements and other innovative approaches, in
order to conserve open space and environmentally sensitive areas. Continue to review and
amend the zoning and subdivision regulations as necessary to allow and encourage such
innovative land development techniques.
Policy 5.7:
Encourage recognition of identifiable communities within the urbanized area of western Collier
County. Presentation of economic and demographic data shall be based on Planning
Communities and commonly recognized neighborhoods.
Policy 5,8:
Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care
Units, Assisted Living Facility, and Nursing Homes, shall be permitted subject to the definitions
and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102,
adopted October 30, 1991) and consistent with the Iocational requirements in Florida Statutes
(Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not
more than six (6) persons, shall be permitted in residential areas.
Policy 5.9:
Properties which do not conform to the Future Land Use Element but are improved, as determined
through the Zoning Re-evaluation Program described in Policy 3.1 K, shall be deemed consistent
with the Future Land Use Element and identified on the Future Land Use Map Series as Properties
Consistent by Policy.
Policy 5.10:
Properties for which exemptions based on vested rights, dedications, or compatibility
determinations, and compatibility exceptions have been granted, as provided for in the Zoning
Re-evaluation Program established pursuant to Policy 3.1K, and identified on the Future Land Use
Map series as Properties Consistent by Policy, shall be considered consistent with the Future
Land Use Element. These properties shall be considered consistent with the Future Land Use
Element only to the extent of the exemption or exception granted and in accordance with all other
limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing
contained in this policy shall exempt any development from having to comply with any provision of
the Growth Management Plan other than the zoning reevaluation program.
Policy 5.11:
Properties determined to comply with the former Commercial under Criteria provision of the Future
Land Use Element shall be deemed consistent with the Future Land Use Element. These
properties are identified on the Future Land Use Map Series as Properties Consistent by Policy.
These properties are not subject to the building floor area or traffic impact limitations contained in
this former provision.
Policy 5.12
Properties rezoned under the former Industrial Under Criteria, or with the provision contained in
the former Urban-Industrial District which allowed expansion of industrial uses adjacent to lands
Words struck through are deleted; words underlined are added.
Page 19
designated or zoned Industrial provision as adopted in Ordinance 89-05 in January, 1989, shall be
deemed consistent with the Future Land Use Element. These properties are identified on the
Future Land Use Map Series as Properties Consistent by Policy.
Policy 5,13
The following properties identified by Ordinance #98-82; 98-91; 98-94; 99-02; 99-11; 99-19; 99-33;
and 2000-20; located in Activity Centers #1, 2, 6, 8, 11 & 18 were rezoned pursuant to the Activity
Centers boundaries designated in the 1989 Comprehensive Plan, as amended. Those properties
were rezoned during the interim period between the adoption of the Future Land Use Element in
October, 1997 which was not effective due to the notice of intent finding the Future Land Use
Element not "in compliance". Those properties, identified herein, which have modified the
boundaries of the 1997 Activity Centers are deemed consistent with the Future Land Use Element.
Words ...... ~- ~ .... Gu are deleted; words underlined are added.
Page 2 0
(IV)
FUTURE LAND USE DESIGNATION
DESCRIPTION SECTION
The following section describes the land use designations shown on the Future Land Use Map.
These designations generally indicate the types of land uses for which zoning may be requested.
However, these land use designations do not guarantee that a zoning request will be approved.
Requests may be denied by the Board of County Commissioners based on criteria in the Land
Development Code or on special studies completed for the County.
I. URBAN DESIGNATION
Urban Designated Areas on the Future Land Use Map include two general portions of Collier
County: areas with the greatest residential densities, and areas in close proximity, which have or
are projected to receive future urban support facilities and services. It is intended that Urban
Designated Areas accommodate the majority of population growth and that new intensive land
uses be located within them. Accordingly, the Urban Area will accommodate residential uses and
a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and
Marco Island, represents less than 10% of Collier County's land area.
The boundaries of the Urban Designated Areas have been established based on several factors,
including: patterns of existing development; patterns of approved, but unbuilt, development;
natural resources; water management; hurricane risk; existing and proposed public facilities;
population projections and the land needed to accommodate the projected population growth.
Urban Designated Areas will accommodate the following uses:
a. Residential uses including single family, multi-family, duplex, and mobile home. The
maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that
follow.
Non-residential uses including:
1. Essential services as defined by the most recent Land Development Code.
2. Parks, open space and recreational uses;
3. Water-dependent and water-related uses (see Conservation and Coastal Management
Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan
contained in the Land Development Code);
Child care centers;
Community facilities such as churches group housing uses, cemeteries, schools and
school facilities co-located with other public facilities such as parks, libraries, and
community centers, where feasible and mutually acceptable;
Safety service facilities;
Utility and communication facilities;
Earth mining, oil extraction, and related processing;
Agriculture;
Travel trailer recreational vehicle parks, provided the following criteria are met:
(a) The density is consistent with that permitted in the Land Development Code;
(b) The site has direct principal access to a road classified as an arterial in the
Transportation Element, direct principal access defined as a driveway and/or local
roadway connection to the arterial road, provided the portion of the local roadway
intended to provide access to the RV park is not within a residential neighborhood
and does not service a predominately residential area; and
(c) The use will be compatible with surrounding land uses.
5.
7.
8.
9.
(V)10.
Words struck through are deleted; words underlined are added.
Page 21
(II)(IV)(V)12.
15.
11. Support medical facilities such as physicians' offices, medical clinics, treatment,
research and rehabilitative centers, and pharmacies provided the dominant use is
medical related and located within % mile of existing or approved hospitals or medical
centers which offer primary and urgent care treatment for all types of injuries and
traumas, such as, but not limited to, North Collier Hospital. The distance shall be
measured from the nearest point of the tract that the hospital is located on or approved
for, to the project boundaries of the support medical facilities. Approval of such support
medical facilities may be granted concurrent with the approval of new hospitals or
medical centers which offer primary and urgent care treatment for all types of injuries
and traumas. Stipulations to ensure that the construction of the support medical
facilities are concurrent with hospitals or medical centers shall be determined at the
time of zoning approval. Support medical facilities are not allowed under this provision
if the hospital or medical center is a short-term leased facility due to the potential for
relocation.
Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD
Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict,
Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use Subdistrict,
Goodlette/Pine Ridge Commercial Infill Subdistrict and Vanderbilt Beach/Collier
Boulevard Commercial Subdistrict, and in the Urban Commercial District, Mixed Use
Activity Center Subdistrict, and Interchange Activity Center Subdistrict, and
Livingston/Pine Ridge Commercial Infill Subdistrict, and in the Bayshore/Gateway
Triangle Redevelopment Overlay.
13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to
a golf course or retail sales accessory to manufacturing, so long as restrictions or
limitations are imposed to insure the commercial use functions as an accessory,
subordinate use. Such restrictions or limitations could include limiting the size and/or
location of the commercial use and/or limiting access to the commercial use.
14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban
- Mixed Use District, and in the Urban Commercial District, certain quadrants of
Interchange Activity Centers.
Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the
Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as permitted
in the Bayshore/Gateway Triangle Redevelopment Overlay.
16. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban
Commercial District and Urban-Industrial District.
A. Urban - Mixed Use District
This District, which represents approximately 116,000 acres, is intended to accommodate a variety
of residential and non-residential land uses, including mixed-use developments such as Planned Unit
Developments. Certain industrial and commercial uses are also allowed subject to criteria.
This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and
water-related land uses are permitted within the coastal region of this District. Mixed-use sites of
water-dependent and water-related uses and other recreational uses may include water-related
parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such
as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent
and/or water-related land use shall encourage the use of the Planned Unit Development technique
and other innovative approaches to conserve environmentally sensitive features and to assure
compatibility with surrounding land uses.
Priorities for shoreline land use shall be given to water dependent principal uses over
water-related land uses. In addition to the criteria of compatibility with surrounding land uses and
consistency with the siting policy of the Conservation and Coastal Management Element (Policy
Words struck-through are deleted; words underlined are added.
Page 22
11.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependent
and water-related uses:
a. Presently developed sites;
b. Sites where water-dependent or water-related uses have been previously
established;
c. Sites where shoreline improvements are in place;
d. Sites where damage to viable, naturally functioning wetlands, or other
environmentally sensitive features, could be minimized.
Port of the Islands is a unique development, which is located within the Urban Designated Area,
but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the
development was determined "vested" by the State of Florida, thus exempting it from the
requirements of Chapter 380, Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of Florida Department of Community
Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is
eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that
the overall residential density and commercial intensity does not exceed that permitted under
zoning at time of adoption of this Plan.
1. Urban Residential Subdistrict
The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural
resource constraints and where existing and planned public facilities are concentrated.
This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use
District. Maximum eligible residential density shall be determined through the Density Rating
System but shall not exceed 16 dwelling units per acre except in accordance with the
Transfer of Development Rights Section of the Land Development Code.
(IV)
2. Urban Coastal Frin.qe Subdistrict
The purpose of this Subdistrict is to provide transitional densities between the Conservation
Designated Area and the Urban Designated Area. It includes that area south of US 41
between the City of Naples and Collier-Seminole State Park, including Marco Island and
comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to
facilitate hurricane evacuation and to protect the adjacent environmentally sensitive
Conservation Designated Area, residential densities shall be limited to a maximum of 4
dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per
acre through provision of Affordable Housing and Transfer of Development Rights, and
except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. Rezones are
recommended to be in the form of a Planned Unit Development. The Marco Island Master
Plan shall provide for density, intensity, siting criteria and specific standards for land use
districts on Marco Island.
3. Urban Residential FrinRe Subdistrict
The purpose of this Subdistrict is to provide transitional densities between the Urban
Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres
and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a
maximum density of 1.5 units per gross acre, subject to the following conditions: and are not
subject to the Density Rating System:
a. All rezones are encouraged to be in the form of a Planned Unit Development; and
b. Proposed development in the area shall be fully responsible for all necessary water
management improvements, including the routing of all on-site and appropriate off-site
water through the project's water management system, and a fair share cost of
Words struck through are deleted; words underlined are added.
Page 2 3
necessary improvements to the CR 951 canal/out-fall system made necessary by new
development in the area.
4. PUD Nei.qhborhood Villa.qe Center Subdistrict
The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to
serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood
Village Center designation and uses shall be sized in proportion to the number of units to be
served, but in no event shall the acreage exceed 15 acres. The Neighborhood Village Center
uses may be combined with recreational facilities or other amenities of the PUD and shall be
conveniently located to serve the PUD. The Village Center shall not have independent
access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of
construction of the Neighborhood Village Center shall be controlled so that it occurs
concurrent with the residential units. The Planned Unit Development district of the Land
Development Code shall be amended within one (1) year to provide standards and principles
regulating access, location or integration within the PUD of the Village Center, allowed uses,
and square footage and/or acreage thresholds.
5. Business Park Subdistrict
The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-
industrial uses, designed in an attractive park-like environment with Iow structural density
where building coverage ranges between 25% to 45% and where landscaped areas provide
for buffering and enjoyment by the employees and patrons of the park. Business Parks shall
be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and
Urban Industrial District and may include the general uses allowed within each District, the
specific uses set forth below, and shall comply with the following general conditions:
a Business Parks shall be permitted to include up to 30% of the total acreage for non-
industrial uses of the type identified in "c" below, and will reserve land within the
industrially designated areas for industrial uses. The percentage and mix of each
category of use shall be determined at the time of zoning in accordance with the criteria
specified in the Land Development Code.
b Access to aderial road systems shall be in accordance with the Collier County Access
Management Policy and consistent with Objective 7 and Policy 7.1 of the Traffic
Circulation Sub-Element
c Non-industrial uses may include uses such as certain offices, financial institutions, retail
services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26
units per acre, and recreational facilities. Retail Uses shall be limited to those uses which
serve the employees of businesses within the Park or are related to the products, goods
and services that are manufactured, distributed, produced or provided by businesses in
the Park.
d When the Business Park is located within the Urban Industrial District or includes
industrially zoned land, those uses allowed in the Industrial Zoning District shall be
permitted provided that the total industrial acreage is not greater than the amount
previously zoned or designated industrial. When a Business Park is located in the Urban
Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to
light industry such as light manufacturing, processing, and packaging in fully enclosed
buildings; research, design and product development; printing, lithography and
publishing; and similar light industrial uses that are compatible with non-industrial uses
permitted in the district; and, the Planned Unit Development Ordinance or Rezoning
Ordinance for a Business Park project shall list specifically all permitted uses and
development standards consistent with the criteria identified in this provision.
e Business Parks must be a minimum of 35 acres in size.
Words struck through are deleted; words underlined are added.
Page 2 4
Business Parks located within Interstate Activity Center quadrants that permit Industrial
Uses shall also be required to meet the standards as stated under the Interstate Activity
Center Subdistrict for commercial and industrial land uses.
g Business Parks shall adopt standards for the development of individual building parcels
and general standards for buffering, landscaping, open space, signage, lighting,
screening of outdoor storage, parking and access management.
h When located in a District other than the Urban Industrial District, the Business Park
must have direct access to a road classified as an arterial in the Traffic Circulation Sub-
Element.
i Business Parks are encouraged to utilize PUD zoning.
j The maximum additional acreage eligible to be utilized for a Business Park Subdistrict
within the Urban-Mixed Use District is 500 acres, exclusive of open space and
conservation areas.
6. Office and In-fill Commercial Subdistrict
The intent of this Subdistrict is to allow Iow intensity office commercial or in-fill commercial
development on small parcels within the Urban-Mixed Use District located along arterial and
collector roadways where residential development, as allowed by the Density Rating System,
may not be compatible or appropriate. Lower intensity office commercial development
attracts Iow traffic volumes on the abutting roadway(s) and is generally compatible with
nearby residential and commercial development. The criteria listed below must be met for
any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting"
excludes intervening public street, easement (other than utilities) or right-of-way, except for
an intervening local street; and "commercial" refers to C-1 through C-5 zoning districts and
commercial components of PUDs.
a. The subject site abuts a road classified as an arterial or collector as identified on the five-
year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element
b. The site utilized for commercial use is 12 acres or less in size, and the balance of the
property in excess of 12 acres, if any, is limited to an environmental conservation
easement or open space;
c. The site abuts commercial zoning:
(i) On one side and non-commercial zoning on the other side; or,
(ii) On both sides;
d. The depth of the requested commercial does not exceed the depth of the abutting
commercial parcel(s);
e. Project uses are limited to office or Iow intensity commercial, except for land abutting
commercial zoning on both sides, as provided for in (c) above, the project uses may
include those of the highest intensity abutting commercial zoning district;
f. The parcel in question was not created to take advantage of this provision and was
created prior to the adoption of this provision in the Growth Management Plan on
October 28, 1997;
g. At time of development, the project will be served by central public water and sewer; and
h. The project will be compatible with existing land uses and permitted future land uses on
surrounding properties.
i. For those sites that have existing commercial zoning abutting one side, commercial
zoning used pursuant to this subsection shall only be applied one time to serve as a
transitional use and will not be permitted to expand.
j. The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the
Urban-Mixed Use District is 250 acres.
7. Traditional Neighborhood Design Subdistrict
The purpose of this provision is to encourage the development of Traditional Neighborhood
Design (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected
Words struck tkrcugk are deleted; words underlined are added.
Page 25
residential neighborhood projects that are centered around a village green with a mix of
commercial uses including retail, office and civic amenities that complement each other.
Residential uses are often located above retail uses. A grid pattern is the basis for the
transportation network. The main street component of the TND is appropriately integrated in
the TND and sized in proportion to the scale of the project with a maximum of 15 acres of
commercial permitted. Standards shall be developed in the Land Development Code which
will regulate access, permitted uses, square footage and/or acreage thresholds, lot frontage
dimensions, street widths, setbacks, and other standards that are integral to the TND
concept.
(11)
8. Oranqe Blossom Mixed-Use Subdistrict
The intent of this district is to allow for limited small-scale retail, office and residential uses
while requiring that the project result in a true mixed-use development. The Activity Centers
to the North and South provide for large-scale commercial uses, while this subdistrict will
promote small scale mixed-use development with a pedestrian orientation to serve the homes
both existing and future in the immediate area. This Subdistrict is intended to be a prototype
for future mixed-use nodes, providing residents with pedestrian scale development while also
reducing existing trip lengths for small-scale commercial services. Commercial uses for the
purpose of this section are limited to those allowed in the C-1, C-2 and C-3 zoning districts
except as noted below. The development of this subdistrict will be governed by the following
criteria:
a. Rezoning is encouraged to be in the form of a PUD.
b. A unified planned development with a common architectural theme which has shared
parking and cross access agreements will be developed.
c. Retail uses will be capped at a maximum of 5,000 sq. ft. per acre for the total project.
d. Office uses will be capped at a maximum of 7,000 sq. ft. per acre for the total project.
e. Residential development will be subject to the density rating system.
f. Maximum lot coverage for buildings is capped at 17.5% for the total project.
g. No more than 25% of the total built square footage will be devoted to single story
buildings.
h. Primary entrances to all retail and commercial uses shall be designed for access from
the interior of the site. Buildings fronting on Airport Road and Orange Blossom Road
will provide secondary accesses facing those streets.
i. All four sides of each building must be finished in a common architectural theme.
j. A residential component equal to at least 25% of the allowable maximum base density
under the density rating system must be constructed before the subdistrict completes
an aggregate total of 40,000 square feet retail of office uses.
k. Residential units may be located both on the North and South side of Orange Blossom
Drive.
I. Integration of residential and office or retail uses in the same building is encouraged.
m. Pedestrian connections are encouraged to all perimeter properties where feasible and
desired by adjoining property owners.
n. No building footprint will exceed 5,000 square feet. Common stairs, breezeways or
elevators may join individual buildings.
o. No building shall exceed three stories with no allowance for under building parking.
p. Drive-through establishments will be limited to banks with no more than 3 lanes
architecturally integrated into the main building.
q. No gasoline service stations will be permitted.
r. All buildings will be connected with pedestrian features.
s. Twenty foot wide landscape Type D buffers along Orange Blossom Drive and Airport-
Pulling Road and a 20 foot wide Type C buffer along all other perimeter property lines
will be required.
t. Parking areas will be screened from Airpod-Pulling Road and Orange Blossom Drive.
Words struc!c through are deleted; words underlined are added.
Page 2 6
u. The Office and Infill Commercial Subdistrict provision is not applicable to any properties
adjacent to this Subdistrict.
9. GoodlettelPine Rid.qe Commercial Infill Subdistrict
This subdistrict consists of 31 acres and is located at the ,ortheast quadrant of two major
arterial roadways, Pine Ridge Road and Goodlette-Frank Road. In addition to uses allowed in
the Plan, the intent of the Goodlette/Pine Ridge Commercial Infill Subdistrict is to provide
shopping, personal services and employment for the surrounding residential areas within a
convenient travel distance. The subdistrict is intended to be compatible with the neighboring
Pine Ridge Middle School and nearby residential development and therefore, emphasis will
be placed on common building architecture, signage, landscape design and site accessibility
for pedestrians and bicyclists, as well as motor vehicles.
Access to the Goodlette/Pine Ridge Commercial Infill Subdistrict may feature a traffic
signalized access point on Goodlette-Frank Road, which may provide for access to the
neighboring Pine Ridge Middle School. Other site access locations will be designed
consistent with the Collier County access management criteria.
Development intensity within this district will be limited to single-story retail commercial uses,
while professional or medical related offices, including financial institutions, may occur in
three-story buildings. A maximum of 275,000 square feet of gross leasable area for retail
commercial and office and financial institution development may occur within this subdistrict.
Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross
leasable area on the south +/-23 acres. No individual retail tenant may exceed 65,000 square
feet of gross leasable area.
Unless otherwise required by the South Florida Water Management District, the .87+/- acre
wetland area located on the northeastern portion of the site will be preserved.
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict
This Subdistrict is located on the north side of the intersection between the two (2) major
roadways of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 33.45
acres of land. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is
to provide convenient shopping, personal services and employment for neighboring
residential areas. The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce
driving distances for neighboring residents and assist in minimizing the road network required
in this part of Collier County. This subdistrict is further intended to create a neighborhood
focal point and any development within this Subdistrict will be designed in a manner to be
compatible with the existing and future residential and institutional development in this
neighborhood.
Development intensity for this Subdistrict shall be limited to a maximum of 200,000 square
feet of gross leasable floor area.
Rezonings are encouraged to be in the form of a PUD zoning district which must contain
development standards to ensure that all commercial uses will be compatible with neighboring
residential and institutional uses. In addition to retail uses and other uses permitted in the
Plan, financial institutions, business services, and professional and medical offices shall be
permitted. Retail uses shall be limited to a single-story. Financial services and offices shall
be limited to three stories. All principal buildings shall be set back a minimum of one (1) foot
from the Subdistrict boundaries for each foot of building height. Development within the
Subdistrict shall be required to have common site, signage and building architectural
elements. The property shall provide for potential interconnection with adjacent properties.
Words struck through are deleted; words underlined are added.
Page 27
MAP 5 A
GOODLETTEIPINE RIDGE COMMERCIAL INFILL SUBDISTRICT
PINE RIDGE ROAD (C.R. 896) PINE RIDGE ROAD (C.R. 896)
r I i i i I I I I I I I I I
IMDICAT[I
C OMNIEI:IOI~L Il'iF:ILL
Words struck through are deleted; words underlined are added.
Page 2 8
Uv)
DENSITY RATING SYSTEM
This Density Rating System is only applicable to areas designated Urban, Urban - Mixed Use
District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe
Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan,
Golden Gate Area Master Plan, and Marco Island Master Plan. The Density Rating System
is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density
cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable
Housing and Transfer of Development Rights, and except as provided for in the
Bayshore/Gateway Triangle Redevelopment Overlay. This Density Rating System only
applies to residential dwelling units. Within the applicable Urban Designated Areas, a base
density of 4 residential dwelling units per gross acre is permitted, though not an entitlement.
This base level of density may be adjusted depending upon the characteristics of the project.
a. Density Bonuses
Consistency with the following characteristics may add to the base density. Density bonuses
are discretionary, not entitlements, and are dependent upon meeting the criteria for each
bonus provision and compatibility with surrounding properties, as well as the criteria in the
Land Development Code. All new residential zoning shall be consistent with the Density
Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use
Element.
1. Conversion of Commercial Zonin_cl
If the project includes conversion of commercial zoning which is not located within an
Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with
the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be
added for every I acre of commercial zoning which is converted. These dwelling units
may be distributed over the entire project. The project must be compatible with
surrounding land uses.
2. Proximity to Mixed Use Activity Center or Interchange Activity Center
If the project is within one mile of a Mixed Use Activity Center or Interchange Activity
Center and located within a residential density band, 3 residential units per gross acre
may be added. The density band around a Mixed Use Activity Center or Interchange
Activity Center shall be measured by the radial distance from the center of the
intersection around which the Mixed Use Activity Center or Interchange Activity Center is
situated. If 50% or more of a project is within the density band, the additional density
applies to the gross acreage of the entire project. Density bands are designated on the
Future Land Use Map and shall not apply within the Estates Designation or for properties
within the Traffic Congestion Area.
3. Affordable Housing
To encourage the provision of affordable housing within the Urban Designated Area, a
maximum of up to 8 residential units per gross acre may be added to the base density if
the project meets the definitions and requirements of the Affordable Housing Density
Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102,
adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Housing
projects must provide appropriate mitigation consistent with Policy 13.1.2 of the
Conservation and Coastal Management Element.
Words st ........... 9- are deleted; words underlined are added.
Page 29
4. Residential In-ill!,
To encourage residential in-fill in urban areas ,;;!th p!_f existing development outside of the
Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may
be added if the following criteria are met:
(a) The project is 40 20.acres or less in size;
(b) At time of development, the project will be served by central public water and
sewer;
(c) The project is compatible with surrounding land uses;
(d) The property in question has no common site development plan with adjacent
property;
(f) There is no common ownership with any adjacent parcels; and
(g) The parcel in question was not created to take advantage of the in-fill residential
density bonus and was created prior to the adoption of this provision in the Growth
Management Plan on January 10, 1989.
(h) Of the maximum 3 additional units, up to one (1) dwe lin,q unit per acre may be
transferred by right from Receivin.q Lands to infill parcels. Within one year, the
County will adopt LDRs to implement this "by right" Rural-to-Urban transfer
process.
5. Roadway Access
If the project has direct access to 2 or more arterial or collector roads as identified in the
Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added.
Density credits based on future roadways will be awarded if the developer commits to
construct a portion of the roadway (as determined by the County Transportation
Department) or the road is scheduled for completion during the first five years of the
Capital Improvements Plan. The Roadway Access bonus is not applicable to properties
located within the Traffic Congestion Area.
6. Transfer of Development Rights
To encourage preservation/conservation of natural resources, density transfers are
permitted within that portion of the Urban designated area subject to this Density Rating
System, and from Sendin.q Lands in the Agricultural/Rural Desi.qnation in conjunction
qualified infill development. However, density shall not be transferred into the Coastal
~ Hi.qh Hazard Area from outside the Coastal ~ High Hazard
Area. Lands lying seaward of the Coastal Ma~a~eme~ Hi.qh Hazard Boundary,
identified on the Future Land Use Map, are within the Coastal ~ High Hazard
Area. Density may be increased above and beyond the density otherwise allowed by the
Density Rating System in accordance with the Transfer of Development Rights (TDR)
Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91-102, on
October 30, 1991, as amended.
b. Density Reduction
Consistency with the following characteristic would subtract density:
1. Traffic Con.qestion Area
If the project is within the Traffic Congestion Area, an area identified as subject to long
range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic
Congestion Boundary is shown on the Future Land Use Map and consists of the western
coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road
(including an extension north to the Lee County boundary), Davis Boulevard, County
Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity
Center's residential density band located at the southwest quadrant of the intersection of
Rattlesnake Hammock Road and County Road 951 (including an extension to the east).
Words ............... are deleted; words underlined are added.
Page 30
Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic
Congestion Area if their only access is to a road forming the boundary of the Area;
however, if that property also has an access point to a road not forming the boundary of
the Traffic Congestion Area it will not be subject to the density reduction.
c. Density Conditions:.
The following density condition applies to all properties subject to the Density Rating System.
1. Maximum Density
The maximum permitted density shall not exceed 16 residential dwelling units per gross
acre within the Urban designated area, except when utilizing the Transfer of
Development Rights (TDP,) Section 2.2.24.10 of the Land Development Code adopted by
Ordinance #91-102, on October 30, 1991, as amended.
d. Density Blendin_~;
This provision is intended to encourage unified plans of development and to preserve
wetlands, wildlife habitat, and other natural features that exist within proiects that straddle thu
Urban Mixed Use and Rural Frin.qe Mixed Use Districts. The allowable gross density for thc
entire project in ag(~reqate may be distributed throu.qhout the proiect, regardless of whethe,
or not the density allowable for a portion of the proiect exceeds that which is otherwisc
permitted.
1. Conditions and limitations
(a) The project must straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts;
(b} The Rural Frin.qe Mixed Use portion of the proiect is desi.qnated as Receivincl Land;
(c) The property in agclreclate is a minimum of 80 acres in size;
(d) At least 25% of the project is located within the Urban Mixed Use District; The entire
proiect is located with the Collier County Sewer and Water District Boundaries and
will utilize central water and sewer to serve the proiect unless interim provisions fo,
sewer and water are authorized by Collier County;
(e) The project is currently zoned or will be rezoned to a Planned Unit Development;
(f) Density shifted to the Rural Fringe Mixed Use District from the Urban Mixed Use
District is located on impacted lands, or it is demonstrated that the development o,,
the site has been located so as to preserve and protect the highest quality nativu
vegetation and/or habitat on-site and to maximize the connectivity of such nativu
veqetation and/or habitat with adiacent preservation and/or habitat areas.
(cl) The entire proiect shall meet the applicable preservation standards of the Rural
Fringe Mixed Use District. These preservation requirements shall be calculated upon
and apply to the total proiect area.
B. Urban Commercial District
This District is intended to accommodate almost all new commercial zoning; a variety of residential
uses, including higher densities for properties not located within the Urban Coastal Fringe or
Urban Residential Fringe Subdistricts; and a variety of non-residential uses.
1. Mixed Use Activity Center Subdistrict
Mixed Use Activity Centers have been designated on the Future Land Use Map Series
identified in the Future Land Use Element. The locations are based on intersections of major
roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise
approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be
~ ~,,~- ~ ..... ~ deleted; words underlined are added.
Words ~t ........... 9,, are
Page 31
discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by
the land use designations identified in the Marco Island Master Plan and Future Land Use
Map.
The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial
zoning in locations where traffic impacts can readily be accommodated, to avoid strip and
disorganized patterns of commercial development, and to create focal points within the
community. Additionally, some commercial development is allowed outside of Mixed Use
Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill
Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood
Design Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge
Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict,
Livingston/Pine Ridge Commercial Infill Subdistrict, the Bayshore/Gateway Triangle
Redevelopment Overlay and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use
Element.
Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the
various land uses - which may include the full array of commercial uses, residential uses,
institutional uses, hotel/motel uses at a density consistent with the Land Development Code
~hall be determined during the rezoning process based on consideration of the factors listed
below.
For residential development, if a project is within the boundaries of a Mixed Use Activity
Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe
Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be
distributed throughout the project, including any portion located outside of the boundary of
the Mixed Use Activity Center.
The factors to consider during review of a rezone petition are as follows:
Rezones within Mixed Use Activity Centers are encouraged to be in the form of a
Planned Unit Development. There shall be no minimum acreage limitation for such
Planned Unit Developments except all requests for rezoning must meet the requirements
for rezoning in the Land Development Code.
- The amount, type and location of existing zoned commercial land, and developed
commercial uses, within the Mixed Use Activity Center and within two road miles of the
- Mixed Use Activity Center;
Market demand and service area for the proposed commercial land uses to be used as a
guide to explore the feasibility of the requested land uses;
Existing patterns of land use within the Mixed Use Activity Center and within two radial
miles;
- Adequacy of infrastructure capacity, particularly roads;
- Compatibility of the proposed development with, and adequacy of buffering for, adjoining
properties;
- Natural or man-made constraints;
- Rezoning criteria identified in the Land Development Code;
Conformance with Access Management Plans for Mixed Use Activity Centers contained
in the Land Development Code;
Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact
Analysis, and a site plan/master plan indicating on-site traffic movements, access point
locations and type, median opening locations and type on the abutting roadway(s),
location of traffic signals on the abutting roadway(s), and internal and external vehicular
and pedestrian interconnections;
Words struck tkrcu~k are deleted; words underlined are added.
Page 32
- Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future
adjacent projects;
Conformance with the architectural design standards as identified in the Land
Development Code.
The approximate boundaries of Mixed Use Activity Centers have been delineated on the
maps located at the end of this section as part of the Future Land Use Map Series. The
actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location
are specifically defined on the maps and shall be considered to delineate the boundaries for
those Mixed Use Activity Centers.
# 1 Immokalee Road and Airport Road
# 6 Davis Boulevard and Santa Barbara Boulevard
# 8 Airport Road and Golden Gate Parkway
#11 Vanderbilt Beach Road and Airport Road
#12 US 41 and Pine Ridge Road
#13 Airport Road and Pine Ridge Road
#15 Golden Gate Parkway and Coronado Boulevard
#16 US 41 and Airport Road
#17 US 41 and Rattlesnake-Hammock Road
#18 US 41 and Isles of Capri Road
#20 US 41 and Wiggins Pass Road
The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and
Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or developed
property. Activity Center #6 is approximately 60% commercially zoned and/or developed.
For purposes of these specifically designated Activity Centers, the entire Activity Center is
eligible for up to 100%, or any combination thereof, of each of the following uses:
commercial, residential, and/or community facilities.
Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity
Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of
development in the form of a Planned Unit Development, Development of Regional Impact or
an area-wide Development of Regional Impact. Property owners within Mixed Use Activity
Centers shall be required to utilize the Master Planned Mixed Use Activity Center process.
# 2 US 41 and Immokalee Road
# 3 Immokalee Road and CR 951
# 5 US 41 and Vanderbilt Beach Road
# 7 Rattlesnake-Hammock Road and CR 951
#14 Goodlette-Frank Road and Golden Gate Parkway
In recognition of the benefit resulting from the coordination of planned land uses and
coordinated access points to the public road network, Master Planned Activity Centers are
encouraged through the allowance of flexibility in the boundaries, mix and location of uses
permitted within a designated Mixed Use Activity Center and may be permitted to modify the
designated configuration. The boundaries of Master Planned Mixed Use Activity Centers
depicted on the Future Land Use Map Series are understood to be flexible and subject to
modification during final site design; however, the approved amount of commercial
development shall not be exceeded. The actual mix of land uses shall be determined using
the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for
a project to qualify as a Master Planned Mixed Use Activity Center:
1. The applicant shall have unified control of the majority of a quadrant in a
designated Activity Center. Majority of the quadrant shall be defined as at least
51% of the privately owned land within any Activity Center quadrant. However, if
Words struck through are deleted; words underlined are added.
Page 3 3
a property owner has less than 51% ownership within a quadrant, that property
owner may still request a rezoning under the provisions of a Mixed Use Activity
Center Subdistrict subject to the maximum acreage allowed in Paragraph 2
below. Property owners with less than 51% ownership are encouraged to
incorporate vehicular and pedestrian accesses with adjacent properties within the
Activity Center. Any publicly owned land within the quadrant will be excluded from
acreage calculations to determine unified control;
2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be
same as for designated Activity Centers; however, a Master Planned Mixed Use
Activity Center encompassing the majority of property in two or more quadrants
shall be afforded the flexibility to redistribute a part or all of the allocation from
one quadrant to another. The maximum amount of commercial permitted at
Activity Centers # 3 and #7 is 40 acres per quadrant for a total of 160 acres
maximum in the entire Activity Center, the balance of the of the land uses shall be
for residential and/or community facilities. Activity Center #14 shall have a
maximum of 45 acres for commercial use, the balance of the land uses shall be
for residential and/or community facilities. Activity Centers #2 and #5 have
approximately 80% of the area zoned or developed for commercial uses. For
purposes of these two Activity Centers, the entire Activity Center is eligible for up
to 100% or any combination thereof, of the following uses: commercial, residential
and/or community facilities.
3. The location and configuration of all land uses within a Master Planned Mixed Use
Activity Center shall be compatible with and related to existing site features,
surrounding development, and existing natural and manmade constraints.
Commercial uses shall be oriented so as to provide coordinated and functional
transportation access to major roadways serving the Activity Center, and
functionally related or integrated with surrounding land uses and the planned
transportation network; and
4. Adjacent properties within the Activity Center that are not under the unified control
of the applicant shall be considered and appropriately incorporated (i.e.
pedestrian and vehicular interconnections) into the applicant's Master Plan.
New Mixed Use Activity Centers may be proposed if all of the following criteria are met and
an amendment is made to delineate the specific boundaries on the Future Land Use Map
series for Mixed Use Activity Centers:
· The intersection around which the Mixed Use Activity Center is located consists
of an arterial and collector road, or two arterial roads, based upon roadway
classifications in the Traffic Circulation Element.
· The Mixed Use Activity Center is no closer than two miles from any existing
Mixed Use Activity Center, as measured from the center point of the intersections
around which the existing and proposed Mixed Use Activity Centers are located.
· Market justification is provided demonstrating need for a Mixed Use Activity
Center at the proposed location.
2. Interchange Activity Center Subdistrict
Interchange Activity Centers have been designated on the Future Land Use Map at each of
the three Interstate 75 interchanges and include numbers 4, 9 and 10. The boundaries of
these Interchange Activity Centers have been specifically defined on the maps located at the
end of this Section as part of the Future Land Use Map Series. Any changes to the
boundaries of these Interchange Activity Centers shall require an amendment to the Future
Land Use Map Series.
Words struck through are deleted; words underlined are added.
Page 34
Interchange Activity Centers ~ and #10 allow for a mixture of land uses - which may include
100% or any combination thereof, of each of the following uses: the full array of commercial
uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density
consistent with the Land Development Code, and Business Parks; and industrial uses as
identified below in the southwest and southeast quadrants of Interchange Activity Center #4.
No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of
uses shall be determined during the rezoning process based on consideration of the same
factors listed under the Mixed Use Activity Center Subdistrict.
Interchange Activity Center # 9 shall be subject to the requirement of the development of an
Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to
Naples. The IMP process shall be initiated by the property owners and/or their
representatives by meeting with the County planning staff within 60 days of the adoption of
this Growth Management Plan amendment and a finding of compliance from the Department
of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable
vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by
Resolution by the Board of County Commissioners. All rezones thereafter shall meet the
intent of the vision statement.
(111)
Subsequent to the development of the vision statement, new projects within Activity Center
#9 are encouraged to have a unified plan of development in the form of a Planned Unit
Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include
the full array of commercial uses; residential and non-residential uses; institutional uses;
Business Park; hotel/motel uses at a density consistent with the Land Development Code;
industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of
land uses shall meet the intent of the vision statement and be defined during the rezoning
process. The entire Interchange Activity Center is eligible for up to 100% of the entire
acreage to be developed for any of the uses referenced above, except the maximum amount
of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange
Activity Center # 9. The factors to consider during review of a rezone petition shall be in
compliance with the vision statement and those included for the Mixed Use Activity Center.
For residential development, if a project is within the boundaries of an Interchange Activity
Center, which is not within the Urban Residential Fringe Subdistrict and not within the
Estates Designation, up to 16 residential units per gross acre may be permitted. This density
may be distributed throughout the project, including any portion located outside of the
boundary of the Activity Center.
Based on the unique location and function of Interchange Activity Centers, some Industrial
land uses that serve regional markets and derive specific benefit when located in the
Interchange Activity Centers shall be allowed, provided each such use is reviewed and found
to be compatible with existing and approved land uses. Industrial uses shall be limited to:
manufacturing, warehousing, storage, and distribution.
The following conditions shall be required to ensure compatibility of Industrial land uses with
other commercial, residential and/or institutional land uses in the Interchange Activity
Centers; to maintain the appearance of these Interchange Activity Centers as gateways to
the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the
adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall
contain specific language regarding the permitted Industrial land uses, compatibility
requirements, and development standards consistent with the following conditions. Site-
specific development details will be reviewed during the Site Development Plan review
process.
- Landscaping, buffering and/or berming shall be installed along the Interstate;
Words struck through are deleted; words underlined are added.
Page 35
(v)
- Fencing shall be wooden or masonry;
- Wholesale and storage uses shall not be permitted immediately adjacent to the
right-of-way of the Interstate;
- Central water and sewage systems shall be required;
- State Access Management Plans, as applicable;
- No direct access to the Interstate right-of-way shall be permitted;
-Joint access and frontage roads shall be established when frontage is not adequate to
meet the access spacing requirements of the Access Control Policy, Activity Center
Access Management Plans, or State Access Management Plans, as applicable;
-Access points and median openings shall be designed to provide adequate turning radii to
accommodate truck traffic and to minimize the need for U-turn movements;
-The developer shall be responsible to provide all necessary traffic improvements - to
include traffic signals, turn lanes, deceleration lanes, and other improvements deemed
necessary - as determined through the rezoning process;
- A maximum floor area ratio (FAR) for the designated Industrial land uses component of the
projects shall be established at 0.45.
3. Livin.qstonlPine RidRe Commercial Infill Subdistrict
This Subdistrict consists of 17.5 acres and is located at the southeast quadrant of Livingston
Road, a collector roadway and Pine Ridge Road, a minor arterial roadway. In addition to
uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict
is to provide shopping, personal services and employment for the surrounding residential
areas within a convenient travel distance and to provide commercial services in an
acceptable manner along a new collector roadway. The Subdistrict is intended to be
compatible with the neighboring commercial, public use and high density residential
properties and will utilize well-planned access points to improve current and future
traffic flows in the area.
If permitted by the South Florida Water Management District, emergency access to the
North Naples Fire District fire station located immediately east of the property will be
provided improving response times to all properties located south along Livingston Road.
Interconnection to adjacent properties immediately to the South and immediately to the East
will be studied and provided if deemed feasible, as a part of the rezoning action relating to
the subject property.
Building height is limited to one story with a 35 foot maximum for all retail and general
commercial uses. General and medical office uses are limited to three stories with a 50-foot
maximum height. Any project developed in this Subdistrict may be comprised of any
combination of retail commercial and/or office uses, provided that the total square footage
does not exceed 125,000 square feet.
A minimum 50-foot buffer of existing native vegetation will be preserved along all project
boundaries located adjacent to areas zoned agricultural.
3. Business Park Subdistrict
The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-
industrial uses, designed in an attractive park-like environment with Iow structural density
where building coverage ranges between 25% to 45% and landscaped areas provide for
buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be
allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth
under the Business Park Subdistrict in the Urban-Mixed Use District.
Words struch through are deleted; words underlined are added.
Page 36
C. Urban - Industrial District
The Industrial Land Use District is reserved primarily for industrial type uses and comprises
approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted.
Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses.
The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban -
Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use
District. Industrially designated areas shall have access to a road classified as an arterial or
collector in the Traffic Circulation Element, or access may be provided via a local road that does
not service a predominately residential area. Intensities of use shall be those related to:
a. Manufacturing;
b. Processing;
c. Storage and warehousing;
d. Wholesaling;
e. Distribution;
f. High technology;
g. Laboratories;
h. Assembly;
i. Computer and data processing;
j. Business services;
k. Other basic industrial uses as described in the Industrial Zoning District of the Land
Development Code;
I. Business Park uses as discussed below and as described in the Business Park Zoning
District of the Land Development Code; and
m. Support commercial uses, such as child care centers and restaurants.
1. Business Park Subdistrict
The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-
industrial uses, designed in an attractive park-like environment with Iow structural density
where building coverage ranges between 25% to 45% and landscaped areas provide for
buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be
allowed as a Subdistrict in the Urban Industrial District subject to the criteria set forth under
the Business Park Subdistrict in the Urban-Mixed Use District.
II. AGRICULTURAL/RURAL DESIGNATION
Rural & Agricultural Area Assessment
The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the
Final Order (AC-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of
Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, Collier County is required to
prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased.
The Geographic Scope of the Assessment Area shall be as follows:
Includes:
All land designated Agricultural/Rural, except as noted below;
Big Cypress Area of Critical State Concern (ACSC), except as noted below;
Conservation lands outside the Urban Boundary, except as noted below, and;
South Golden Gate Estates._
Excludes:
All Urban designated areas;
Northern Golden Gate Estates;
The Settlement District.
The Assessment has been completed for these areas:
The Rural Frin.qe Mixed Use District,
Words struck.through are deleted; words
Page 37
underlined are
added.
The area identified as Secondary Sendin.q Lands on the FLUM, which is within the
ACSC; and,
North Belle Mead, Belie Meade, and CREW NRPAs.
The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full
and broad-based public participation and assistance from applicable State and Regional agencies.
At a
1.
minimum, the Assessment must identify the means to accomplish the following:
Identify and propose measures to protect prime agricultural areas. Such measures should
prevent the premature conversion of agricultural lands to other uses.
Direct incompatible uses away from wetlands and upland habitat in order to protect water
quality and quantity and maintain the natural water regime as well as to protect listed animal
and plant species and their habitats.
Assess the growth potential of the Area by assessing the potential conversion of rural lands to
other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible
land uses away from critical habitat and encouraging development that utilizes creative land
use planning techniques including, but not limited to, public and private schools, urban villages,
new towns, satellite communities, area-based allocations, clustering and open space
provisions and mixed use development. The Assessment, or any phase thereof, shall
recognize the substantial advantages of innovative approaches to development which may
better serve to protect environmentally sensitive areas, maintain the economic viability of
agricultural and other predominantly rural land uses, and provide for the cost efficient delivery
of public facilities and services.
(i)
Interim Development Provisions for the Agricultural/Rural Assessment Area
Amendments based on the Assessment shall be completed by June 22, 2002 for the Rural Frin.qe
Area, and by November 1, 2002 for the balance of the Assessment Area. Residential and other
uses in the Area for which completed applications for development approval, rezoning, conditional
use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County
prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan as it
existed on June 22, 1999. If the County elects to address a specific geographic portion of the Area
as a phase of the Assessment, the interim land use controls shall be lifted from the specific
geographic area upon completion of the applicable phase of the Assessment and the
implementing Comprehensive Plan amendments for that phase becoming effective. Until the
Assessment is complete and comprehensive plan amendments to implement the Assessment, or
any phase thereof, are in effect the only land uses and development allowable in the area shall be
those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code
(Section 2.2.2) in effect on June 22, 1999 for the Agricultural/Rural District, except the following
uses are prohibited and shall not be allowed:
1. New golf courses or driving ranges.
2. Extension or new provision of central water and sewer service into the Area.
3. New package wastewater treatment plants.
4. Residential development except farmworker housing or housing directly related to support
farming operations, or staff housing (12 du/ac) and other uses directly related to the
management of publicly-owned land, or one single family dwelling unit per lot or parcel created
prior to June 22, 1999.
5. Commercial or industrial development except gas and telephone facilities, electric
transmission and distribution facilities, emergency power structures, fire and police stations,
emergency medial stations.
6. Transient residential such as hotels, motels, and bed and breakfast facilities.
7. Zoo, aquarium, botanical garden, or other similar uses.
8. Public and private schools.
Words struck *~ ..... ~ are deleted; words underlined are added.
Page 38
9. Collection and transfer sites for resource recovery.
10. Landfills
11. Social and fraternal organizations.
12. Group care facilities.
13. Sports instructional schools and camps.
14. Asphalt and concrete batch making plants.
15. Recreational Vehicle Parks
These interim development standards shall not affect or limit the continuation of existing uses.
Existing uses shall also include those uses for which all required permits have been issued, or
uses for which completed applications have been received by the County prior to June 22, 1999.
The continuation of existing uses shall include expansions of those uses if such expansions are
consistent with or clearly ancillary to the existing use and do not require a rezoning or
comprehensive plan amendment.
Interim Natural Resource Protection Areas (NRPAs)
The following areas shall be generally mapped and identified as interim Nature! Resource
Protection ,~,roas (NRPAs-): Camp Keais Strand, ~=.R~,LL~, Okaloacoochee Slough, ~
,Meade and South Golden Gate Estates.
These interim N:tura! Roso'.-'rco ProtEct!on ,^,roas (NRPAs-)'are designated on the Future Land
Use Map:
1. Within these areas, only agriculture and directly-related uses and one single family dwelling
unit per parcel or lot created prior to June 22, 1999, shall be allowed;
2. These interim development standards shall not affect or limit the continuation of existing uses.
Existing uses shall also include those uses for which all required permits have been issued, or
uses for which completed applications have been received by the County prior to June
22,1999. The continuation of existing uses shall include expansions of those uses if such
expansions are consistent with or clearly ancillary to the existing use and do not require a
rezoning or comprehensive plan amendment;
3. The general location shall be identified on a map as the interim NRPAs and shall be refined as
actual data and analysis is made available during the Collier County Rural and Agricultural
Area Assessment.
(I) The Agricultural/Rural Land Use Designation is for those areas that are remote from the
existing development pattern, lack public facilities and services, are environmentally sensitive
or are in agricultural production. Urbanization is not promoted, therefore most allowable land
uses are of Iow intensity in an effort to maintain and promote the rural character of these
lands.
The following uses and densities are generally permitted ~, under this District Designation --~
subject to the Interim Development Provisions+, where applicable - but may not be permitted in
all Districts and Subdistricts, and may be subiect to specific criteria, conditions, development
standards; permitted densities may be greater, or lesser, than that stated below, in some
Districts and Subdistricts.
a. Agricultural uses such as farming, ranching, forestry, bee-keeping;
b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for
legal non-conforming lots of record;
c. Habitat preservation uses;
d. Parks, open space and recreational uses, golf courses;
e. Essential services as defined in the Land Development Code;
f. Safety service facilities;
g. Community facilities such as churches, group housing uses, cemeteries; and schools which
shall be subject to the following criteria:
Words~,."+ .... ~- ~..~v~g~., are deleted; words underlined are added.
Page 39
(v) o.
· Site area and school size shall be subject to the General Educational Facilities Report
submitted annually by the Collier County School Board to the Board of County
Commissioners.
· The Site must comply with the State Requirements for Educational Facilities adopted
by the State Board of Education.
· The site shall be subject to all applicable State or Federal regulations.
h. Communication and utility facilities, except for central water and sewer facilities as noted
above;
i. Migrant labor housing as provided in the Land Development Code;
j. Earthmining, oil extraction and related processing;
k. Asphalt plant as a Conditional Use as defined in the Land Development Code provided that
the asphalt plant: is compatible with surrounding land uses; is not located in a County, State
or Federal jurisdictional wetland area and any required buffer zones; is not located within
1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as
depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural
reservation;
I. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf
course or retail sales of produce accessory to farming, so long as restrictions or limitations
are imposed to insure the commercial use functions as an accessory, subordinate use.
Such restrictions or limitations could include limiting the size and/or location of the
commercial use and/or limiting access to the commercial use;
m. Commercial uses as principal uses, ~;';*~';" *~'~' D .... ~ "' ......;2! ~,,~,,~;~*r;,-* ~,.-,-,--~ upon
c:,r4ter4a;
Industrial uses; '"~*~'~" +~'~ ~ .... ' ',"'~,,~*-~"' District
Travel trailer recreational vehicle parks, provided the following criteria are met:
1. The density is consistent with the Land Development Code;
2. The site has direct principal access to a road classified as an arterial in the
Transportation Element, direct principal access defined as a driveway and/or local
roadway connection to the arterial road, provided the portion of local roadway intended to
provide access to the RV park is not within a residential neighborhood and does not
service a predominately residential area; and
3. The use will be compatible with surrounding land uses.
(I) A. A,qricultural/Rural - Mixed Use District
The purpose of this District is to protect and encourage agricultural activities, conserve and
preserve environmentally sensitive areas, provide for Iow-density residential development, and
other uses identified under the Agricultural/Rural Designation. These areas generally lack public
facilities and services. Urbanization is not promoted, therefore most allowable land uses are of
Iow intensity in an effort to maintain and promote the rural character of these lands. Residential
uses are allowed as follows listed below, subject to the Interim Development Provisions.'-
Dwellinq units may be transferred from that portion of this District desi.qnated on the Future Land
Use Map as Secondary Lands to areas desi.qnated as Receiving Lands, as provided for in the
Rural Frinqe Mixed Use District.
a. Low density residential dwelling units, at a maximum density of one dwelling unit per five
gross acres, except for legal non-conforming lots of record;
b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with
conservation uses, at a density in accordance with the Land Development Code;
c. Group housing uses at a density in accordance with that permitted in the Land Development
Code;
d. Staff housing in conjunction with safety service facilities and essential services, at a density
in accordance with the Land Development Code;
e. Farm labor housing in accordance with the Farm Labor Housing provision in the Land
Development Code;
..... ~- ~ ..... ~ are deleted; words underlined are added.
Words s
Page 40
Recreation camps as defined in, and at the density allowed by, the Land Development Code.
Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of
Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI
together with part of Section 29, Township 51 South, Range 27 East, at a density greater
than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously
approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek
DRI; and fudher provided that no residential units shall be located on that part of Section 29
within the Fiddler's Creek DRI; and further provided that South Florida Water Management
District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres.
Rural Commercial Subdistrict
Within the Agricultural/Rural - Mixed Use District, commercial development, up to a
maximum of 200 acres, may be allowed providing the following standards for intensity of use
are met and subject to the Interim Development Provisions:
a. The project, or that portion of a larger project, which is devoted to commercial
development, is 2.5 acres or less in size;
b. The project, or that portion of a larger project which is devoted to commercial
development, is no closer than 5 miles, measured by radial distance, from the nearest
developed commercial area, zoned commercial area or designated Mixed Use Activity
Center;
c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the
Land Development Code;
d. The project is located on an arterial or collector roadway as identified in the Traffic
Circulation Element; and
e. The project is buffered from adjacent properties.
B. Rural Fringe Mixed Use District
The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District
consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significanl.
portions of this District are adiacent to the Urban area or to the semi-rural, rapidly develoDinq,
large-lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural
Fringe Mixed Use District do not represent a significant portion of the County's activu
a.qricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed
Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and
distinct property owners. Alternative land use strategies have been developed for the Rural
Fringe Mixed Use District, in part, to consider these existin.q conditions.
The Rural Fringe Mixed Use District provides a transition between the Urban and Estates
Designated lands and between the Urban and Agricultural/Rural and Conservation designated
lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach,
including both regulations and incentives, to protect natural resources and private property
rights, providing for large areas of open space, and allowing, in designated areas, appropriate
types, density and intensity of development. The Rural Fringe Mixed Use Distdct allows for a
mixture of urban and rural levels of service, including limited extension of central water and
sewer, schools, recreational facilities, commercial uses and essential services deemed
necessary to serve the residents of the District. In order to preserve existing natural resources,
including habitat for listed species, to retain a rural, pastoral, or park-like appearance from thu
major public riqhts-of-way within this area, and to protect private property rights, the followin.q
innovative planning and development techniques are required and/or encouraged within the
District.
Words struck through are deleted; words underlined are added.
Page 41
Transfer of Development Ri.qhts (TDR), and Sendin.q and Receivin.q Desi.qnations:
The primary purpose of the TDR process within the Rural Fringe Mixed Use District is tu
establish an equitable method of protectin,q and conserving the most valuablc
environmental lands, includinq large connected wetland systems and significant areas ol
habitat for listed species, while allowin~ property owners of such lands to recoup lost value
and development potential through an economically viable process of transferring suci-,
rights to other more suitable lands. Within the Rural Fringe Mixed Use District and within
designated areas of the Aqricultural/Rural Mixed Use District, residential density may be
transferred from lands designated as Sending Lands (Primary and Secondary) to lands
designated as Receiving Lands on the Future Land Use Map, subiect to the following:
A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use
District that have been identified as being most appropriate for development and tu
which residential development units may be transferred from areas designated as
Sending Lands. Based on the evaluation of available data, these lands have a lesse~
degree of environmental or listed species habitat value than areas designated as
Sending and qenerally have been disturbed through development, or previous o~
existing agricultural operations. Various incentives are employed to direct development
into Receiving Lands and away from Sending Lands, thereby maximizing native
vegetation and habitat preservation and restoration. Such incentives include, but are
not limited to: the TDR process; clustered development; density bonus incentives; and,
provisions for central sewer and water. Within Receiving Lands, the followin.q
standards shall apply:
1. Maximum Density: The base residential density allowable for designated Receiving
Lands is 0.2 dwelling units per acre. The maximum density achievable in Receivin.q
Lands through the TDR process is 1.0 dwelling unit per acre. This maximum density
is exclusive of the Density Blending provisions and any density bonuses authorized
in this Plan that may be applicable to designated Receiving Lands. Dwellinq Units
may only be transferred into Receiving Lands in whole unit increments (fractiona~
transfers are prohibited).
2. Clustering: Where the transfer of development rights is employed to increase
residential density within Receiving Lands, such residential development shall be
clustered in accordance with the followinq provisions:
a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the proiect.
Where County sewer or water services may not be available concurrent with
development in Receiving Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size allowable for a single-family detached dwelling unit is one
acre.
c) The clustered development shall be located on the site so as to provide to the
greatest de.qree practicable: protection for listed species habitat; preservation o~'
the highest quality native vegetation; connectivity to adiacent natural
reservations or preservation areas on adiacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
3. Minimum Project Size: The minimum project size required in order to receive
transferred dwellinq units is 40 contiguous acres.
4. Emergency Preparedness:
a) In order to reduce the likelihood of threat to life and property from a tropical
storm or hurricane event, community facilities, schools, or other public buildings
shall be designed to serve as storm shelters if located outside of areas that are
likely to be inundated during storm events, as indicated on the Sea, Lake, and
Overland Surge from Hurricane Map for Collier County. Impacts on evacuation
Words struck through are deleted; words underlined are added.
Page 42
b)
routes, if any, must be considered as well. Applicants for new residential or
mixed use developments proposed for Receivinq Lands shall work with the
Collier County Emer.qency Manaqement staff to develop an Emerqency
Preparedness Plan to include provisions for storm shelter space, a plan for
emergency evacuation, and other provisions that may be deemed appropriate
and necessary to miti.qate against a potential disaster.
Applicants for new developments proposed for Receiving Lands shall work with
the Florida Division of Forestry, Collier County Emergency Manaqement staff,
and the Managers of any adiacent or nearby public lands, to develop a Wildfire
Prevention and Mitiqation Plan that will reduce the likelihood of threat to life and
property from wildfires. This plan will address, at a minimum: proiect structural
desi,qn; the use of materials and location of structures so as to reduce wildfire
threat; firebreaks and buffers; water features; and, the impacts of prescribed
burnin.q on adiacent or nearby lands.
Permitted Uses: Uses within Receiving Lands are limited to the followinq:
a) Agricultural uses such as farming, ranching, forestry and bee-keeping;
b) Sin.qle-family residential dwelling units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan subiect to the development of appropriate
development standards to ensure that the transitional semi-rural character of
d)
e)
f)
g)
h)
i)
i)
k)
the Rural Frinqe Mixed Use District is preserved. These development standards
include, but are not limited to: building heights; desiqn standards; and, buffers
and setbacks.
Rural Villages, subiect to the provisions set forth in II. B.3 of this element.
Dormitories, duplexes and other staff housinq, as may be provided in
conjunction with conservation uses, at a density in accordance with the Land
Development Code.
Group care facilities at a density in accordance with that permitted in the Land
Development Code.
Staff housing in coniunction with safety service facilities and essential services,
at a density in accordance with the Land Development Code.
Farm labor housing in accordance with the Farm Labor Housing provision in the
Land Development Code.
Sporting and Recreational camps as defined in, and at the density allowed by,
the Land Development Code.
Essential services as defined in the Land Development Code.
Golf courses or driving ranqes, subiect to the followin.q standards:
(1) The minimum density shall be 2 dwellinq units per 5 acres (0.4 units per
acre). In addition to the base density, this minimum shall be achieved by
acquirin.q TDRs from Sending Lands.
(2) Golf courses shall be desiqned, constructed, and managed in accordance
with the Audubon International's Gold Signature Proqram.
(3) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Manaqement Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995.
(4) To protect ground and surface water quality from fertilizer and pesticide
usa.qe, qolf courses shall demonstrate the followin.q management practices:
(a) The use of slow release nitro.qen sources;
(b) The use of soil and plant tissue analysis to adjust timinq and amount of
fertilization applications;
Words struck through are deleted; words underlined are added.
Page 4 3
(c) The use of an integrated pest manaqement program using both
biological and chemical aqents to control various pests;
(dj The coordination of pesticide applications with the timing and application
of irriqation water;
(e) The use of the procedure contained in IFAS Circular 1011, Mana.qin.q
Pesticides for Golf Course Maintenance and Water QualitF Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality
ensure water conservation, golf courses shall incorporate the followinq in
their desiqn and operation:
(a) Irrigation systems shall be desiqned to use weather station information
(5) To
(6
(b)
(c)
and moisture-sensinq systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotransporation rates.
As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its
policies;
Native plants shall be used exclusively except for special purpose areas
such as golf greens, fairways, and building sites. Within these excepted
areas, landscaping plans shall require that at least 75% of the trees and
50% of the shrubs be freeze-tolerant native Floridian species. At least
75% of the required native trees and shrubs shall also be drought
tolerant species.
Stormwater management ponds shall be designed to mimic the functions of
natural systems: by establishing shorelines that are sinuous in configuration
in order to provide increased length and diversity of the littoral zone. A
Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site preservation
area requirements, on an acre- to- acre basis, shall be given for littoral
shelves that exceed these littoral shelf area requirements
(7) Site preservation and native veqetation retention requirements shall be the
same as those set forth in the Rural Fringe Mixed Use District criteria. Site
preservation areas are intended to provide habitat functions and shall meet
minimum dimensions as set forth in the Land Development Code. These
standards shall be established within one year.
I) Commercial development as permitted under the Rural Commercial Subdistrict
of this element, or as part of an approved Rural Village. Within one year of
adoption of these amendments, the County will develop appropriate standards
for commercial development within Rural Villages, with particular focus on
design, scale, and access provisions that will maintain the rural character or
semi-rural character of the District.
m) Research and Technology Parks within an approved Rural Villaqe. Within one
year of adoption of these amendments, the County will develop appropriate
standards for Research and Technolo.qy Parks within Rural Villages, with
particular focus on design, scale, and access provisions that will maintain the
rural character or semi-rural character of the District.
n) Zoo, aquarium, botanical garden, or other similar uses.
o) Public and private schools, subject to the followinq criteria:
· Site area and school size shall be subject to the General Educational
Facilities Report submitted annually by the Collier County School Board to
the Board of County Commissioners.
Words struck through are deleted; words underlined are added.
Page 44
B)
P)
q)
· The Site must comply with the State Requirements for Educational Facilities
adopted by the State Board of Education.
· The site shall be subject to all applicable State or Federal requlations.
Facilities for the collection, transfer, processin.q and reduction of solid waste.
Community facilities, such as, places of worship, child care facilities,
cemeteries, social and fraternal orqanizations.
r) Sports instructional schools and camps.
s) Earth-mininq, oil and mineral extraction and related processing.
t) Asphalt and concrete batch-makinq plants.
Density Blendinq: Subiect to the provisions set forth in the density rating system.
Open Space and Native Veqetation Preservation Requirements:
a) Usable Open Space: Within Receivinq Lands projects greater than 40 acres in
size shall provide a minimum of 70% usable open space. Usable Open Space
includes active or passive recreation areas such as parks, playgrounds, golf
courses, waterways, lakes, nature trails, and other similar open spaces. Usable
Open Space shall also include areas set aside for conservation or preservation
of native veqetation and landscape areas. Open water beyond the perimeter of
the site, street right-of-way, except where dedicated or donated for public uses,
driveways, off-street parking and Ioadinq areas, shall not be counted towards
required Usable Open Space.
b) Native Veqetation Preservation: Native veqetation shall be preserved as set
forth in the Conservation and Coastal Management Element Policy 6.1.2.
Neutral Lands: Neutral Lands have been identified for limited semi-rural residential
development. Available data indicates that Neutral Lands have a hiqher ratio of native
vegetation, and thus higher habitat values, than lands desiqnated as Receiving Lands,
but these values do not approach those of Sendinq Lands. Therefore, these lands are
appropriate for limited development, if such development is directed away from existing
native ve.qetation and habitat. A lower maximum gross density is prescribed for Neutral
Lands when compared to Receivinq Lands. Additionally, certain other uses permitted
within Receivinq Lands are not authorized in Neutral Lands. Within Neutral Lands, the
following standards shall apply:
1. Maximum Density: 1 dwelling unit per 5 gross acres (0.2 units per acre).
2. Permitted Uses:
a) Agricultural uses such as farminq, ranching, forestry and bee-keeping;
b) Single-family residential dwellinq units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Dormitories, duplexes and other staff housinq, as may be provided in
coniunction with adiacent conservation uses, at a density in accordance with the
Land Development Code.
d) Group care facilities at a density in accordance with that permitted in the Land
Development Code.
e) Staff housinq in conjunction with safety service facilities and essential services,
at a density in accordance with the Land Development Code.
f) Farm labor housinq in accordance with the Farm Labor Housinq provision in the
Land Development Code.
g) Sporting and Recreational camps as defined in, and at the density allowed by,
the Land Development Code.
h) Essential services as defined in the Land Development Code.
i) Golf courses or drivinq ranges, subject to the followinq standards:
(1) The minimum density shall be 2 dwellinq units per 5 acres (0.4 units per
acre). In addition to the base density, this minimum shall be achieved by
acquiring TDRs from Sendinq Lands.
Words struck through are deleted; words underlined are added.
Page 4 5
(2)
{3)
(4)
Golf courses shall be desiqned, constructed, and managed in accordance
with the Audubon International's Gold Siqnature Proqram.
(5) To
(6
In order to prevent the contamination of soil, surface water and qround
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Manaqement Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995.
To protect ground and surface water quality from fertilizer and pesticide
usage, .qolf courses shall demonstrate the following management practices:
(a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(c) The use of an integrated pest management program usinq both
bioloqical and chemical agents to control various pests;
(d). The coordination of pesticide applications with the timing and application
of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Mana.qin.q
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality
ensure water conservation, .qolf courses shall incorporate the followinq in
their design and operation:
(a) Irrigation systems shall be designed to use weather station information
and moisture-sensinq systems to determine the optimum amount of
irrigation water needed considerinq soil moisture and
evapotransporation rates.
(b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its
policies;
(c) Native plants shall be used exclusively except for special purpose areas
such as .qolf greens, fairways, and building sites. Within these excepted
areas, landscaping plans shall require that at least 75% of the trees and
50% of the shrubs be freeze-tolerant native Floridian species. At least
75% of the required native trees and shrubs shall also be drouqht
tolerant species.
Stormwater manaqement ponds shall be desiqned to mimic the functions of
natural systems: by establishing shorelines that are sinuous in confiquration
in order to provide increased lenqth and diversity of the littoral zone. A
Littoral shelf shall be established to provide a feedinq area for water
dependent avian species. The combined lenqth of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site preservation
(7)
area requirements, on an acre- to- acre basis, shall be given for littoral
shelves that exceed these littoral shelf area requirement-~
Site preservation and native veqetation retention requirements shall be the
same as those set forth in the Rural Frinqe Mixed Use District criteria. Site
preservation areas are intended to provide habitat functions and shall meet
minimum dimensions as set forth in the Land Development Code. These
i)
k)
standards shall be established within one year.
Zoo. aauarium, botanical garden, or other similar uses.
Public and private schools1 subject to the followinq criteria:
· Site area and school size shall be subject to the General
Educational
Facilities Report submitted annually by the Collier County School Board to
the Board of County Commissioners.
Words -~ .... ~- ~ ..... ~
............. 9,, are deleted; words underlined are added.
Page 46
· The Site must comply with the State Requirements for Educational Facilities
adopted by the State Board of Education.
· The site shall be subiect to all applicable State or Federal requlations.
I) Facilities for the collection, transfer, processing and reduction of solid waste.
m) Community facilities, such as, places of worship, child care facilities, cemeteries,
social and fraternal orqanizations.
n) Sports instructional schools and camps.
Native veqetation and preservation requirements: Native veqetation shall be
preserved as set forth in the Conservation and Coastal Manaqement Element
Policy 6.1.2.
C) Sendin.q Lands: Sendinq Lands are those lands that have the hiqhest deqree of
environmental value and sensitivity and generally include siqnificant wetlands, uplands,
and habitat for listed species. Sendinq Lands are desiqnated as either Primary or
Secondary.
1. Primary Sending Lands are located entirely within the Rural Frinqe Mixed Use
District. Based upon their location, Primary Sendinq Lands are the principal target
for preservation and conservation. Private Property owners of lands desiqnated as
Primary Sending Lands may transfer density to Receivinq Lands within the Rural
Fringe Mixed Use District, and to lands within the Urban Desiqnated Area subiect to
limitations set forth in the Density Rating System. All privately owned lands within
the Rural Frin.qe Mixed Use District that have a Natural Resource Protection Area
(NRPA) Overlay are desi.qnated Primary Sending Lands.
2. Secondary Sending Lands consist of 6,550_+ acres of land located adiacent to and
predominantly south of US 41 East, and adjacent to and predominantly west of
SR29, surrounding Everglades City and Chokoloskee Island, and depicted on
Future Land Use Map. Designated Secondary Sending Lands also have hiqh
environmental value in that the data indicates that they are 99% tidal wetlands.
However, Secondary Sending Lands are siqnificantly removed from both the Urban
desi.qnated and Rural Frinqe Mixed Use District and therefore are not subject to
si.qnificant development pressure. Therefore, these Secondary Sendin.q Lands am
also targeted for preservation and conservation throuqh incentives for privat~
property owners, including but not limited to the Transfer of Development Rights,
but at a lower transfer rate than Primary Sending Lands. Private Property owners of
lands designated as Secondary Sending Lands may transfer density from those
lands to lands desiqnated as Receiving Lands within the Rural Frinqe Mixed Use
District, and to lands within the Urban Designated Area subiect to limitations set
forth in the Density Rating System.
3. Maximum Transfer Rate: Dwellinq Units may be transferred from Primary Sendinq
Lands at a maximum rate of 0.2 dwelling units per acre (1 dwelling unit per five
acres). Dwelling Units may be transferred from Secondary Sending Lands at a
maximum rate of 0.1 dwelling units per acre (1 dwellin.q unit per 10 acres).
Transfers may only occur in whole number increments (fractional transfers are
prohibited). In the case of leqal nonconforminq lots or parcels in existence as of
June 22, 1999, where such lot or parcel is less than 5 acres in size, one dwelling
unit may be transferred from said lot or parcel.
4. Limitations and Procedures:
a) Transfers shall not be allowed from sendinq lands where a conservation
b)
easement or other similar development restriction prohibits residential
development.
The transfer of units shall be recorded in
public records utilizin.q a le.qal
instrument determined to be appropriate by the County Attorney's Office. Said
instrument shall clearly state the remaininq allowable lands uses on the subject
Words struck through are deleted; words underlined are added.
Page 47
property after all, or a portion, of the residential density has been transferred
from the property.
c) Where residential density has been transferred from Sendinq Lands, such lands
may be retained in private ownership or may be sold or deeded by gift to
another entity.
5. Permitted Uses: Permitted uses within Primary and Secondary Sending Lands are
limited to the followinq:
a) A.qricultural uses such as farminq, ranching, forestry, bee-keeping.
b) Detached sinqle-family dwelling units, including mobile homes where the Mobile
Home Zoninq Overlay exists, at a maximum density of one dwellinq unit per lot
or parcel, which existed on or before June 22, 1999. For the purpose of this
provision, a lot or parcel which is deemed to have been in existence on or
before June 22, 1999 is 1 ) a lot or parcel which is part of a subdivision recorded
in the public records of Collier County, Florida; or 2) a lot or parcel which has
limited fixed boundaries, described by metes and bounds or other specific legal
description, the description of which has been recorded in the public records of
Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which
has limited fixed boundaries, for which an aqreement for deed was executed
prior to June 22, 1999.
c) Habitat preservation and conservation uses.
d) Passive parks and other passive recreational uses.
e) Sporting and Recreational Camps, as defined in, and at the density allowed by,
the Land Development Code;
f) Essential Services necessary to serve permitted uses identified in Section 5.a)
through 5.e) such as the followinq: private wells and septic tanks; utility lines;
sewaqe lift station and water pumping stations necessary to serve the Rural
Transition Water and Sewer District;
6. Conditional Uses:
a) The following uses are conditionally permitted subject to approval throu.qh a
public hearinq process:
(1) Essential services as defined in the Land Development Code.
(2) Public facilities, including solid waste and resource recovery facilities, and
public vehicle and equipment storaqe and repair facilities, shall be permitted
within Section 25, Township 50S, Range 26E, on lands adjacent to the
existing County landfill.
(3) Oil and mineral extraction and related processing, excludinq earth-mining.
(4) Commercial uses accessory to permitted uses 5.a), 5.c) and 5.d), such as
retail sales of produce accessory to farming, or a restaurant accessory to a
park or preserve, so long as restrictions or limitations are imposed to insure
the commercial use functions as an accessory, subordinate use.
b) In addition to the criteria set forth in the Land Development Code, Conditional
Uses shall be allowed subject to the following additional criteria:
(1) The applicant shall submit a plan for development that demonstrates that
wetlands, listed species and their habitat are adequately protected. This
plan shall be part of the required ElS as specified in Policy 6.1.7' of the
Conservation and Coastal Manaqement Element.
(2) Conditions may be imposed, as deemed appropriate, to limit the size,
location, and access to the conditional use.
7. Where residential density is transferred from Primary or Secondary Sendinq Lands,
allowable uses shall be limited to the followinq:
a) Cattle grazing on unimproved pasture where no clearing is required;
b). Detached sin.qle-family dwelling units, including mobile homes where the Mobile
Home Zoninq Overlay exists, at a maximum density of one dwelling unit per lot
Words struck through are deleted; words underlined are added.
Page 48
or parcel, which existed on or before June 22, 1999, provided at least 1.0
dwelling unit is retained. For the purpose of this provision, a lot or parcel which
is deemed to have been in existence on or before June 22, 1999 is 1) a lot or
parcel which is part of a subdivision recorded in the public records of Collier
County, Florida; or 2) a lot or parcel which has limited fixed boundaries,
described by metes and bounds or other specific legal description, the
description of which has been recorded in the public records of Collier County
Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed
boundaries, for which an agreement for deed was executed prior to June 22,
1999.
c) Habitat preservation and conservation uses.
d) Passive parks and passive recreational uses.
e) Essential services, as authorized in Sending Lands.
f) Oil and mineral extraction and related processinq, excluding earth mininq, if a
Conditional Use for such is approved..
Native Veqetation shall be preserved as set forth in the Conservation and Coastal
Manaqement Element Policy 6.1.2.
D) Additional TDR Provisions: Within one year of adoption of this plan amendment,
Collier County will amend its land development regulations to adopt a formal process
for authorizing and trackinq the Transfer of Development Rights. This process will
include, at a minimum:
1. The establishment of a simple, expeditious process whereby private property
owners may, by right, "sell" residential dwelling units from lands desiqnated as
"Sending Lands". Said units may then be "transferred" by right to lands desiqnated
as "Receivinq Lands". Once established, the TDR program shall be
administratively reviewed and approved, requiring no further public hearinq or
Board approval if consistent with the provisions for administrative approval.
2. The establishment of a process for trackinq and recording all transfers of residential
units in the public records of Collier County. This shall include the identification of
the entity or department responsible for on-going administration of the TDR
proqram. In addition, the County shall consider the feasibility of establishinq a "TDR
Bank," to be administered by the County or some other not-for-profit governmental
or quasi-governmental public aqency established for this purpose. As part of these
considerations, projections for an annual budqet for administration of the TDR
program shall be developed which would include the proiected costs and fundinq
associated with initial purchase of residential development rights.
3. The establishment of a process to evaluate the TDR program and the deqree to
which it is beinq utilized, culminating in an annual report to the Board of County
Commissioners on the Rural Frinqe Mixed Use District TDR program.
4. The TDR process shall be the only mechanism to achieve increased density within
Receiving Lands, excluding the Density Blending provisions of this Plan, and any
density bonuses authorized in the Rural Frinqe Mixed Use District.
5. A 25-year prohibition on utilizinq TDRs where a parcel has been cleared for
agricultural purposes, effective June 22, 2002.
Buffers Adjacent to Major Public Riqhts-of-way: In order to maintain and enhance the
rural character within the Rural Frinqe Mixed Use District, within one year of adoption of
this amendment, Collier County will adopt land development regulations establishinq
buffering standards for developments adiacent to existing or proposed arterial and collector
public roadways. These standards shall include, but are not limited to: applicability
provisions, including establishing a minimum project size below which these requirements
shall not apply; the degree to which water features, including water manaqement lakes and
Words "~ .... ~- ~ ..... ~
............. 9,, are deleted; words underlined are added.
Page 49
canals, may be a part of this buffer; credits for existing native veqetation that is to be
retained; and, credits toward any open space and native vegetation preservation
requirements.
3. Rural Villa.qes: Rural Villaqes may be approved within the boundaries of the Rural Frin,qe
Mixed Use District in order to: maximize the preservation of natural areas and wildlife
habitat within the Rural Frinqe Mixed Use District; to reduce the need for residents of the
District and surroundinq lands to travel to the County's Urban area for work, recreation,
shopping, and education; and, to enhance the provision of limited urban and rural levels of
service through economies of scale. Rural Villages shall include the followinq: a mixture of
residential housinq types; institutional uses; commercial uses; and, recreational uses, all of
which shall be sufficient to serve the residents of the Villaqe and the surroundinq lands.
Rural Villages shall include several distinct neiqhborhoods, including village centers. The
Village center shall be the primary location for commercial uses. In addition, the following
criteria and conditions shall apply:
A) Process for Approval: Within one year of the date of adoption of this amendment, the
Collier County Land Development Code shall be amended to include provisions for the
establishment of Rural Villaqes. These provisions will establish specific development
regulations, standards, and land use mix requirements. Subsequent to the creation of
these provisions, applications shall be submitted in the form of a Planned Unit
Development (PUD) rezone and, where applicable, in coniunction with a Development
of Reqional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes,
or in coniunction with any other Florida provisions of law that may supercede the DRI
process.
B) Locational Restrictions: A Rural Villaqe may not be located any closer than 3.0 miles
from another Rural Village.
C) Rural Villaqe Sizes and Density:
1. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres,
except within Receivinq Lands south of the Belle Meade NRPA where the maximum
size may not exceed 2,500 acres. The Rural Village size is exclusive of the
required green belt area. Rural Villaqes shall include a Villaqe Center and a
minimum of two distinct neiqhborhoods.
2. The minimum and maximum gross density of a Rural Villaqe shall be 2.0 units per
gross acre and 3.0 units per acre, respectively. The density calculation for a Rural
Village may include the base residential density permitted for the green belt area, if
such density is shifted to the Rural Village area.
3. Density may be achieved as follows:
a) The base density for the A.qricultural/Rural Desiqnation of 0.2 dwelling units per
acre (1.0 dwellinq units per five acres) for lands within the Rural Villaqe, and the
land area designated as a greenbelt surroundinq the Rural Villa.qe, is granted by
right for allocation within the desiqnated Rural Villaqe.
b) The additional density necessary to achieve the minimum required density for a
Rural Village shall be achieved by an equal amount of TDRs and bonus units.
That is, for each TDR acquired one bonus unit shall be granted.
c) Additional density between the minimum and maximum amounts established
herein may be achieved throuqh TDRs or throuqh a 0.5 unit bonus for each unit
that is provided for lower income residents and for entry level and workforce
buyers.
D) Open Space and Environmental Protection:
1. Greenbelts: In addition to the requirements for parks, village greens, and other open
space within the Rural Village, a greenbelt averaging 500 feet in width but not less
than 300 feet in width, shall be required at the perimeter of the Rural Village. The
Greenbelt is required to ensure a permanent un-developable edge surroundinq the
Words struck through are deleted; words underlined are added.
Page 50
E)
F)
Rural Village, thereby discouraging sprawl. Greenbelts may only be designated on
Receivinq Lands. The allowable residential density shall be shifted from the
designated Greenbelt to the Rural Villaqe. The greenbelt may be concentrated to a
greater deqree in areas where it is necessary to protect listed species habitat,
includinq wetlands and uplands, provide for a buffer from adjacent natural
reservations, or provide for wellfield or aquifer protection, Golf courses and existinq
agriculture operations are permitted within the greenbelt, subject to the native
veqetation preservation requirements specified below in paragraph 2.
Open Space and Native Veqetation Retention.
a) Native Veqetation shall be preserved as set forth in the Conservation and
Coastal Manaqement Element Policy 6.1.2.
b) Open Space: Within the Rural Villaqe and required Greenbelt, in a.q.qre.clate, a
minimum of 70% of Open Space shall be provided.
3. An environmental impact statement for the Rural Villaqe and surroundinq greenbelt
area shall be submitted an accordance with Policy 6.1.7 of the CCME.
Public Facilities and Services:
1. An analysis shall be conducted and submitted in conjunction with the PUD rezone
and/or DRI application evaluating the demand and impacts on levels of service for
public facilities and the cost of such facilities and services necessary to serve the
Rural Villaqe. This evaluation shall identify projected revenue sources for services
and any capital improvements that may be necessary. At a minimum, the analysis
shall consider the following:
a) Stormwater/drainaqe facilities;
b) Potable water provisions and facilities;
c) Reuse or "Grey" water provisions for irriqation;
d) Central sewer provisions and facilities;
e) Park facilities;
f) Law enforcement facilities;
g) School facilities;
h) Roads, transit, bicycle and pedestrian facilities and pathways;
i) Solid Waste facilities.
As part of the development of Rural Villaqe provisions, land development regulations
shall identify specific design and development standards for residential, commercial
and other uses. These standards shall protect and promote a Rural Villaqe character
and shall include requirements for parks, greens, squares, and other public places. In
addition to the public spaces required as a part of a Villaqe Center or neiqhborhood.
Rural Villages shall incorporate a Villaqe Park and neiqhborhood parks. In addition, the
followinq shall be addressed:
1. Rural Village, Village Center and neiqhborhood desiqn guidelines and development
standards:
· A formal street layout, using primarily a grid design and incorporating village
greens, squares and civic uses as focal points.
· Neighborhoods and the village center will be connected throuqh local and
collector streets and shall incorporate traffic calminq techniques as may be
appropriate to discouraqe high-speed traffic.
· Consideration shall be given to the location of public transit and school bus
stops.
· Pedestrian paths and bikeways shall be desiqned so as to provide access and
interconnectivity.
· The siting of both schools and housing units within the villaqe shall consider the
minimization of businq needs within the community.
Words struck-through are deleted; words underlined are added.
Page 51
· Each Rural Villaqe shall be served by a binary road system that is accessible by
the public and shall not be gated. The road system within the villaqe shall be
designed to meet County standards and shall be dedicated to the public.
· A Rural Village shall not be split by an arterial roadway~
· Interconnection between the Rural Villaqe and adjacent developments shall be
encouraqed.
Specific allocations for land uses includinq residential, commercial and other non-
residential uses within Rural Villages, shall include, but are not limited to:
· A mixture of housinq types, including single-family attached and detached, as
well as multi-family. Housing that is provided for lower income residents and for
entry level and workforce buyers shall receive a credit of 0.5 units for each unit
constructed. Collier County shall develop, as part of the Rural Villaqe Overlay, a
methodoloqy for determininq the rental and fee-simple market rates that will
qualify for such a credit, and a system for trackinq such credits.
· A mixture of recreational uses, including parks and village .qreens.
· Civic, community, and other institutional uses.
· A mixture of lot sizes, with a desiqn that includes more compact development
and attached dwellinq units within neiqhborhood centers and the Villaqe Center,
and reduced net densities and increasinqly larger lot sizes for detached
residential dwellinqs generally occurrin.q as development extends outward from
the Village Centers.
· A mixture of retail, office, and services uses.
Specific development standards, includin.q but not limited to, maximum net
densities; required yards; landscaping and bufferinq, and buildin.q hei.qhts.
If requested by the Collier County School Board durinq the PUD and/or DRI review
process, school sites shall be provided and shall be located to serve a maximum
number of residential dwellinq units within walkinq distance to the schools. Where
a school site is requested and provided, a credit toward any applicable school
impacts fees shall be provided based upon an independent evaluation/appraisal of
the value of the land and/or improvements provided by the developer.
Exemptions from the Rural Frinqe Mixed Use District Development Standards - As
provided for in the Final Order, the requirements of this District shall not apply to, affect or
limit the continuation of existinq uses. Existinq uses shall include those uses for which all
required permits were issued, or uses for which completed applications were received by
the County prior to June 22,1999. The continuation of existinq uses shall include
expansions of those uses if such expansions are consistent with or clearly ancillary to the
existing uses. Hereafter, such previously approved developments shall be deemed to be
consistent with the Plan's Goals, Objectives and Policies and for the Rural Frinqe Mixed
Use District, and they may be built out in accordance with their previously approved plans.
Chanqes to these previous approvals shall also be deemed to be consistent with the Plan's
Goals, Policies and Objectives for the Rural Frinqe Mixed Use District as Ionq as they dn
not result in an increase in development density or intensity.
(I) l~C. Rural - Industrial District
The Rural - Industrial District, which encompasses approximately 600 acres of existing industrial
areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type
uses, subject to the Interim Development Provisions. Besides basic Industrial uses, limited
commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to
Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural -
Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. ,All
industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic
Circulation Element, or access may be provided via a local road that does not service a
Words struck through are deleted; words underlined are added.
Page 52
predominately residential area. No new industrial land uses shall be permitted in the Area of
Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling,
and production ("oil extraction and related processing") shall not be deemed to be industrial land
uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities
of use shall be those related to:
a. Manufacturing;
b. Processing;
c. Storage and warehousing;
d. Wholesaling;
e. Distribution;
f. Other basic industrial uses as described in the Industrial Zoning District in the Land
Development Code;
g. Support commercial uses, such as child care centers and restaurants.
(V)CD. Rural - Settlement Area District
This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range
27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967
and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property
has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning
granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT
dated the 27th day of January, 1986. This Settlement Area is commonly known as Orangetree
PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards.
III. ESTATES DESIGNATION
The Estates Land Use Designation encompasses lands which are already subdivided into
semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate
Estates Subdivision. The area is identified as having potential for population growth far removed
from supportive services and facilities. Expansion of the area shall be discouraged.
Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan
encompassing the Estates Designation was adopted by the Collier County Board of County
Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria
and development standards for specific land uses.
V. CONSERVATION DESIGNATION
The overall purpose of the Conservation Designation is to conserve and maintain the natural
resources of Collier County and their associated environmental, and recreational and economic
benefits. All native habitats possess ecological and physical characteristics that justify attempts to
maintain these important natural resources. Barrier Islands, coastal bays, ~.".d wetlands, and
habitat for listed species deserve particular attention because of their ecological value and their
sensitivity to perturbation. It is because of this that all proposals for development in the
Conservation Designation must be subject to rigorous review to ensure that the impacts of the
development do not destroy or unacceptably degrade the inherent functional values.
The Conservation Designation is intended to protect certain vital natural resource areas of the
County, which are primarily owned, pr!mcr!!:,,, by the public, although private in-holdings and
privately owned conservation areas do exist. This Designation includes such areas as Everglades
National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge,
Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine
Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon
Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation
Words struck thrcugh are deleted; words underlined are added.
Page 53
Designation may periodically change as properties are acquired by public entities or private land
manaqement or conservation groups.
Natural resource protection strateqies and Sstandards for development in the Conservation
Designation are found in the Conservation and Coastal Management Element and the County's
Land Development Regulations. The Conservation Designation will accommodate limited
residential development and future non-residential uses. The following uses are pet. mit. ted
authorized in this Designation=, subjoct ts tho Intorim Dovo!opmont Provisions !dont!fiod in tho
A,..,r;,-., df, ,r~IID, ~r'~l r't,~c.;,-~,-~.-~.;,.~n r'l~c.,~rinf;,-~, C~,,-,~;,.~.
a. Single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay
exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit
per 3 gross acres for private in-holdings within the Big Cypress National Presewe - each
dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre
parcel for private in-holdings within the Big Cypress National Prese~e.
b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with
conse~ation uses, at a density in accordance with that permitted in the Land Development
Code;
c. Group housing uses at a density in accordance with that permitted in the Land Development
Code;
Spo~inR and Recreationa~ camps as defined in, and at the density allowed by, the Land
Development Code.
e. Habitat prese~ation and consewation uses
~.f. Passive ~parks, ~ and other passive recreational uses;
by the State Board of Bdu~tlon.
m ~ Agriculture, except as limited by Chapter 823.14(6) Florida Statutes (Florida Right to Farm
Act}; and,
e. h Oil and mineral extraction and related processing excluding eadh-mining.
The following uses may be permitted as Conditional Uses:
a) The followinq uses are conditionally permitted subiect to approval through a public hearing
process:
(1) Essential so.ices as defined in the Land Development Code;
(2} Staff housing in conjunction with safety se~ice facilities and essential se~ices, at a
density in accordance with the Land Development Code;
(3) Oil and mineral extraction and related processing, excluding eadh-mining;
(4) Commercial uses accesso~ to permitted uses e, f and g above, such as retail sales of
produce accesso~ to farminq, or a restaurant accesso~ to a park or prese~e, so long
~ocds ct:'~ok ~5~oug5 a~e deleted; ~ocds undec~ed a~e added.
2age 54
as restrictions or limitations are imposed to insure the commercial use functions as an
b)
accessory, subordinate use.
In addition to the criteria set forth in the Land Development Code, Conditional Uses shall
be allowed subiect to the followinq additional criteria:
(1) The applicant shall submit a plan for development that demonstrates that wetlands,
listed species and their habitat are adequately protected. This plan shall be part of the
required ElS as specified in Policy 6.1.7 of the Conservation and Coastal Manaqement
Element.
(2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and
access to the conditional use.
V. OVERLAYS AND SPECIAL FEATURES
A. Area of Critical State Concern Overlay
The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida
Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The
Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban
(Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big
Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall
comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big
Cypress Area of Critical State Concern". Those regulations include the following:
1. Site Alteration
a. Site alteration shall be limited to 10% of the total site size, and installation of
non-permeable surfaces shall not exceed 50% of any such area. However, a minimum
of 2,500 square feet may be altered on any permitted site.
b. Any non-permeable surface greater than 20,000 square feet shall provide for release of
surface run off, collected or uncollected, in a manner approximating the natural surface
water flow regime of the area.
c. Soils exposed during site alteration shall be stabilized and retention ponds or
performance equivalent structures or systems maintained in order to retain run off and
siltation on the construction site. Restoration of vegetation to site alteration areas shall
be substantially completed within 180 days following completion of a development.
Re-vegetation shall be accomplished with pre-existing species or other suitable species
except that undesirable exotic species shall not be replanted or propagated. Exotic
species are listed below.
Australian Pine - (Casuarina spp.)
Bishopwood - (Bischofia javanica)
Brazilian Pepper- (Shinus terebinthfolius)
Melaleuca (cajeput) - (Melaleuca leucadendra spp.)
Downy Rosemyrtle - (Rhodomytus tomentosa)
Earleaf Acacia - (Acacia auriculiformis)
Catclaw Mimosa - (Mimosa pigra)
Java Plum - (Syzygium cumini)
d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants
specifically protected by this regulation include: All wetland plants listed by the Florida
Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code,
as amended.
d. Fill areas and related dredge or borrow ponds shall be aligned substantially in the
direction of local surface water flows and shall be separated from other fill areas and
ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds
shall provide for the release of storm water as sheet flow from their downstream end into
unaltered areas of vegetation. Access roads to and between fill areas shall provide for
Words struck through are deleted; words underlined are added.
Page 55
the passage of water in a manner approximating the natural flow regime and designed to
accommodate the 50 year storm. Fill areas and related ponds shall not substantially
retain or dived the total flow in or to a slough or strand or significantly impeded tidal
action in any portion of the estuarine zone.
f. Man-made lakes, ponds, or other containment works shall be constructed with a
maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral
extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral
shelves with nursery grown aquatic vegetation, restoration or revegetation of the property
and disposal of spoils or tailings shall be completed before abandonment of the site.
Existing quarrying lakes are exempt from this provision, except that whenever any person
carries out any activity defined in Section 380.04, Florida Statutes, as amended as
development or applies for a development permit as defined in Section 380.031, Florida
Statutes, as amended to develop any existing quarrying lake area, these regulations shall
apply.
g. Finger canals shall not be constructed in the Critical Area.
h. This rule shall not apply to site alterations undertaken in connection with the agricultural
use of land or for the conversion of land to agricultural use.
2. Drainage
a. Existing drainage facilities shall not be modified so as to discharge water to any coastal
waters, either directly or through existing drainage facilities. Existing drainage facilities
shall not be expanded in capacity or length except in conformance with paragraph (2)
below; however, modifications may be made to existing facilities that will raise the ground
water table or limit salt water intrusion.
b. New drainage facilities shall release water in a manner approximating the natural local
surface flow regime, through a spreader pond or performance equivalent structure or
system, either on site or to a natural retention, or natural filtration and flow area. New
drainage facilities shall also maintain a ground water level sufficient to protect wetland
vegetation through the use of weirs or performance equivalent structures or systems.
Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring
flows in a strand, slough or estuarine area.
c. New drainage facilities shall not discharge water into any coastal waters either directly or
through existing drainage facilities.
d. This rule shall not apply to drainage facilities modified or constructed in order to use land
for agricultural purposes or to convert land to such use.
3. Transportation
a. Transportation facilities which would retain, divert or otherwise block surface water flows
shall provide for the re-establishment of sheet flow through the use of interceptor
spreader systems or performance equivalent structures and shall provide for passage of
stream, strand, or slough water through the use of bridges, culverts, piling construction or
performance equivalent structures or systems.
b. Transportation facilities shall be constructed substantially parallel to the local surface
flow, and shall maintain a historic ground water level sufficient to protect wetland
vegetation through the use of weirs or performance equivalent structures or systems and
as feasible, the flows in such works shall be released to natural retention filtration and
flow areas.
c. Transportation facility construction sites shall provide for siltation and run-off control
through the use of settling ponds, soil fixing or performance equivalent structures or
systems.
4. Structure Installation
Words -~ .... '- ~ ..... ~
............. ~,, are deleted; words
Page 56
underlined are added.
a. Placement of structures shall be accomplished in a manner that will not adversely affect
surface water flow or tidal action.
b. Minimum lowest floor elevation permitted for structures shall be at or above the 100-year
flood level, as established by the Administrator of the Federal Flood Insurance
Administration. The construction of any structure shall meet additional Federal Flood
Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the
appropriate local agency.
c. This rule shall not apply to structures used or intended for use in connection with the
agricultural use of the land.
All Development Orders issued for projects within the Big Cypress Area of Critical State Concern
shall be rendered to the State of Florida Department of Community Affairs for review with the
potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative
Code, "Development Order Requirements for Areas of Critical State Concern".
B. North Belle Meade Overlay
The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for in
Receiving, NRPA and non-NRPA Sendinq Lands. Development and preservation standards within
this Overlay shall be as provided herein. [Note: Provisions and/or language for this overlay
shall be incorporated based upon action taken by the Board at the Transmittal Hearin.q,]
D.C. Natural Resource Protection Area Overlay
The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect
endangered or potentially endangered species and to identify large connected intact and relatively
unfra,qmented habitats which may be important for these listed species. NRPAs may include major
wetland systems and reqional flow-ways. These lands .qenerally should be the focus of any
federal, state, County or private acquisition efforts.
NRPAs are located in the followinq areas:
1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development);
2. CREW (Corkscrew Reqional Ecosystem Watershed);
3. North Belle Meade;
4. Belle Meade;
5. South Golden Gate Estates (interim);
6. Okaloacoochee Slough (interim); and
7. Camp Keais (interim).
NRPAs located in the Rural Frinqe Mixed Use District, or on nearby or adjacent Conservation
Designated Lands are identified as Primary Sendin,q Lands. Private property owners within these
NRP^s may transfer residential development rights from these important environmentally sensitiw
lands.
Words struck through are deleted; words underlined are added.
Page 57
G. D. Airport Noise Area Overlay
The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of
the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65,
70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the
Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise
contours. Residential and other noise sensitive land uses are considered "normally unacceptable"
in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no
regulatory effect. However, the Land Development Code contains an Airport Overlay District,
which regulates development near the Naples Municipal Airport.
(IV)
D-E. Bayshore/Gateway Trian.qle Redevelopment Overlay
The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map,
is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the
Board of County Commissioners on March 14, 2000. The intent of the redevelopment program is
to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by
providing incentives that will encourage the private sector to invest in this urban area. This
Overlay allows for additional neighborhood commercial uses and higher residential densities that
will promote the assembly of commercial uses and higher residential densities that will promote
the assembly of property, or joint ventures between property owners, while providing
interconnections between properties and neighborhoods. The intent of this Overlay is to allow for
more intense development in an urban area where urban services are available. One or more
zoning overlays will be adopted into the Collier County Land Development Code to aid in the
implementation of this Overlay. The following provisions and restrictions apply to this Overlay:
Mixed-Use Development: Mix of residential and commercial uses are permitted. For such
development, commercial uses are limited to C-1 through C-3 zoning district uses plus
hotel/motel use. Mixed-use projects will be pedestrian oriented and are encouraged to
provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to
encourage pedestrian use of the commercial area and to provide opportunity for nearby
residents to access these commercial uses without traveling onto major roadways. Parking
facilities are encouraged to be located in the rear of the buildings with the buildings oriented
closer to the major roadway to promote traditional urban development.
Residential uses are allowed within this Overlay. Permitted density shall be as determined
through application of the Density Rating System, and applicable FLUE Policies, except as
provided below and except as may be limited by a zoning overlay.
Non-residential/non-commercial uses allowed within this Overlay include essential services;
parks, recreation and open space uses; water-dependent and water-related uses; child care
centers; community facility uses; safety service facilities; and utility and communication
facilities.
Properties with access to US-41 East are allowed a maximum density of 12 residential units
per acre. In order to be eligible for this higher density, the project must be integrated into a
mixed-use development with access to existing neighborhoods and adjoining commercial
properties and comply with the standards identified in Paragraph #9, below, except for mixed
use projects developed within the "mini triangle" catalyst project site as identified on the
Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is
eligible for the maximum density of 12 units per acre, with development standards to be
approved by the Board of County Commissioners at a later time. For projects that do not
comply with the requirements for this density increase, their density is limited to that allowed
Words struck through are deleted; words underlined are added.
Page 58
o
o
by the Density Rating System and applicable FLUE Policies, except as may be limited by a
future zoning overlay.
Properties with access to Bayshore Drive, as identified in the Bayshore Drive Mixed Use
Zoning Overlay District, are allowed a maximum density of 12 residential units per acre. In
order to be eligible for this higher density, the property must meet the specific development
standards that will apply to residential and mixed-use development along the Bayshore Drive
corridor, and must comply with the standards identified in Paragraph #9, below. For projects
that do not comply with the requirements for this density increase, their density is limited to
that allowed by the Density Rating System and applicable FLUE Policies, except as may be
limited by a future zoning overlay.
The Bayshore Drive Zoning Overlay will be developed and adopted into the Land
Development Code in the present or next available amendment cycle. Expansion of existing
commercial zoning boundaries along Bayshore Drive within the Bayshore Drive Mixed Use
Zoning Overlay District will not be allowed until the zoning overlay is in place. Non-
commercially zoned properties within the Bayshore Drive Mixed Use Zoning Overlay District
may be eligible for in-fill, Iow-intensity commercial development provided they meet the
criteria listed below:
If one parcel in the proposed project abuts commercial zoning on one side, the
commercial zoning may be applied for the entire project site. The following requirements
must be met: joint access and/or vehicular interconnection; pedestrian interconnection;
and the entire project site must comply with Division 2.8 of the Land Development Code,
as may be modified by the Bayshore Drive Mixed Use Zoning Overlay.
The depth of a parcel for which commercial zoning is sought may exceed the depth of
the abutting commercially zoned property. Adequate buffers must be provided between
the commercial uses and non-commercial uses and non-commercial zoning.
c. The project must be compatible with existing land uses and permitted future land uses
on surrounding properties.
Parcels currently within the boundaries of Mixed Use Activity Center #16 will continue to be
governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed
for these properties within the Mixed Use Activity Center to provide specific development
standards.
Existing zoning districts for some properties within the Bayshore/Gateway Triangle
Redevelopment Overlay allow uses, densities and development standards that are
inconsistent with the uses, densities and development standards allowed within this Overlay.
These properties are allowed to develop and redevelop in accordance with their existing
zoning until such time as a zoning overlay is adopted which may limit such uses, densities
and development standards.
To qualify for 12 dwelling units per acre, mixed use projects within the Bayshore/Gateway
Triangle Redevelopment Overlay must comply with the following standards:
a. Buildings containing only commercial uses are limited to a maximum height of three
stories.
Words struck through are deleted; words underlined are added.
Page 59
10.
Buildings containing only residential uses are limited to a maximum height of three
stories except such buildings are allowed a maximum height of four stories if said
residential buildings are located in close proximity to US-41.
c. Buildings containing mixed use (residential uses over commercial uses) are limited to a
maximum height of four stories.
d. Hotels/motels will be limited to a maximum height of four stories.
e. For purposes of this Overlay, each 14 feet of building height shall be considered one
story.
f. For mixed-use buildings, commercial uses are permitted on the first two stories only.
g. Each building containing commercial uses only is limited to a maximum building footprint
of 20,000 square feet gross floor area.
h. One or more zoning overlays may be adopted which may include more restrictive
standards than listed above in Paragraphs a -g.
For properties outside of the Coastal High Hazard Area, any eligible density bonuses, as
provided in the Density Rating System, are in addition to the eligible density provided herein.
For properties within the Coastal High Hazard Area (CHHA), only the affordable housing
density bonus, as provided in the Density Rating System, is allowed in addition to the eligible
density provided herein. For all properties, the maximum density allowed is that specified
under Density Conditions in the Density Rating System.
11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density
bonuses as provided in #-4 and #5 above for that portion of the Overlay lying within the
CHHA, except that 156 dwelling units with direct access to US-41 East shall not be counted
towards this 388 dwelling unit limitation. These 388 dwelling units correspond with the
number of dwelling units to be rezoned from the botanical gardens sites, as provided for
below, resulting in a shift of dwelling units within the CHHA. There is no such density bonus
limitation for that portion of the Overlay lying outside of the CHHA.
12. The Botanical Garden, Inc. properties located in Section 23,Township 50 South and Range
25 East and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall
be limited to non-residential uses except for caretaker, dormitory, and other housing
integrally related to the Botanical Garden or other institutional and/or recreational open
space uses.
13. Within one year of the effective date of this amendment establishing the Bayshore/Gateway
Triangle Redevelopment Overlay, the properties to be developed with a botanical garden or
other non-residential use, will be rezoned from the present 388 residential zoning districts to
a non-residential zoning district(s). No portion of the dwelling unit density bonuses within the
CHHA can be utilized until a corresponding number of dwelling units has been rezoned from
the botanical gardens site(s), as provided for above.
Words struck through are deleted; words underlined are added.
Page 60
(IV)
FUTURE LAND USE MAP SERIES
Future Land Use Map
Mixed Use & Interchange Activity Centers
Properties Consistent by Policy (5.9,5.10,5.11)
Natural Resources Wetlands Map
(I) Wellhead Protection Areas
BayshorelGateway Triangle Redevelopment Overlay Map
Words ~ .... " ~ ..... ~
............. 9-, are deleted; words underlined are added.
Page 61
North Belle Meade
Overlay
NORTH BELLE MEADE SUB-DISTRICT - SECTOR PLAN
INDEX
A. IN GENERAL
1. Wildlife Crossing and Wildlife Corridor
2. Transportation
3. Greenway
4. Red Cockaded Woodpecker Habitat
Bo
Co
NRPA
1. Consolidation
2. Public Acquisition
3. Sending Area
4. TDRs
RECEIVING AREAS
1. NBM Rural Village
D. SENDING AREAS
1. TDRs
2. Mitigation Credit
4. Habitat Protection
5. Public Acquisition
Sector Language RBA additions 020602
NBM SECTOR PLAN
A.IN GENERAL
The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and
west and 1-75 to the south. This area comprises 24 sections of land + 15,360 acres depending on
the size of individual sections (see attached Future Land Use Map Exhibit ~ ). The North
Belle Meade area is unique to the Rural Fringe area because it is surrounded by areas that are
vested for development on three sides. Because this area is largely undeveloped and includes
substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife,
including endangered species. Within the North Belle Meade area are also areas that have been
previously impacted by canal construction and past clearing and agricultural practices which have
altered the natural hydroperiod. The challenge for the North Belle Meade area is to achieve a
balance of both preservation and opportunities for future development that takes into account
resource protection and the relationship between this area and the Estates developing around the
North Belle Meade area. Accordingly a more detailed and specific Sector Plan for North Belle
Meade is set forth in the Growth Management Plan. Unless otherwise specifically stated, no
other Goals, Objectives and Policies of the Future Land Use Element, Conservation and Coastal
Management Element , or Public Facilities Element in the Growth Management Plan or
implementing LDRs, including specifically but not limited to wetlands and wildlife protection,
shall be applicable to the North Belle Meade Receiving Lands other than this Sector Plan and its
implementing LDRs.
Within the North Belle Meade area are three distinct areas that require separate treatment
Sector Language RBA additions 020602
based on existing conditions within this area. These areas include the NRPA area, the receiving
area for the transfer of development rights and the sending area for the transfer of development
rights. These areas are the Natural Resource Protection Area (NRPA), the Receiving Area, and
the Sending Area as depicted on Exhibit ~ It is the intent to perform the physical planning
of the North Belle Meade Sending Lands within twelve (12) months after the effective date for
Red Cockaded Woodpeckers, Greenways and Wildlife Crossings.
Planning Considerations
1. Wildlife Crossing and Wildlife Corridor
* The County should support construction of a wildlife crossing under 1-75 connecting
North Belle Meade (NBM) and South Belle Meade (SBM), and the creation of a wildlife
corridor connecting NBM with the Florida Panther National Wildlife Refuge to the east.
2. Transportation
*An existing access road (presently providing access to County water wells) along the
northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and
improved, and an extension of Wilson Boulevard should be provided through Section 33,
Range 27 East comprising a collector or arterial road extending to the south to Interstate
75 via an interchange or service road for residential development should it commence in
Sections 21, 28 and 27, or in thc alternate a haul road along an extension of Wilson
Boulevard to service earth mining activities with a connection through Sections 32 and 31
to Landfill Road.
Sector Language RBA additions 020602
* Lands required for the extension of Wilson Boulevard will be dedicated to Collier
County at the time of rezoning. The right-of-way shall be a sufficient size to
accommodate collector road requirements should there be a demonstrated need.
*The western 1/4 of sections 22 and 27 will be buffered from the NRPA area to the east
by a buffer preservation that includes all of the eastern V2 of the western 1/4 of sections 22
and 27 which would consist of lake excavation areas between the Wilson Boulevard
extension road right-of-way and the NRPA.
Other than the new and improved Wilson Boulevard extension and service haul road as
described above, all new roads and improvements in the Sending Area shall be routed so
as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas
identified as environmentally sensitive wildlife habitat, wildlife corridors, or greenways,
unless there is no feasible and prudent alternative. Other than the referenced Wilson
Boulevard extension and service haul road, any new roads and improvements to existing
roads within sending areas shall be designed with aquatic species crossings, small
terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish
and Wildlife Conservation Commission criteria. The implementing Land Development
Regulations for the North Belle Meade Sector Plan shall address bike lanes and
pedestrian pathways.
3. Greenway
Sector Language RBA additions 020602
*A North Belle Meade Greenway shall be created within the NRPA or sending lands
following natural flowways, as contemplated in the Community Character Plan prepared
by Dover Kohl.
4. Red Cockaded Woodpeckers (RCW)
*RCW nesting and foraging habitat shall be mapped and protected from land use
activities within Sending Lands Only.
B. NRPA
The North Belle Meade NRPA includes seven sections of lands and two partial sections
or a total of +_5,440 acres and is located in the eastern portion of the North Belle Meade area.
This area comprises about thirty percent of the North Belle Meade Sector Plan area. The NRPA
area has concentrations of wetland land cover and listed species habitat, consistent with other
Rural Fringe NRPA's (see Exhibit #7). This consideration combined with the fragmented
ownership pattern and the state's desire to purchase significant portions of this area warrants a
different level of protection than in other NRPA areas, particularly for incentives for the
consolidation of lots to assist in the future preservation of lands.
In addition to use of TDRs, for purposes of also meeting native vegetation
retention and preservation requirements for Receiving Lands, native vegetation retained and/or
preserved with the NBM Sending Land shall be credited as onsite retention at a ratio of 1:1 for
North Belle Meade Receiving Lands.
Planning Considerations
1. Consolidation
Sector Language RBA additions 020602
* The County should amend the Land Development Code to encourage further
consolidation of small parcels.
2. Public Acquisition
* The County and the property owners should support acquisition of privately owned land
in the North Belle Meade NRPA area as a mechanism for protection.
3. Sendin A~..~
* The North Belle Meade NRPA shall be designated as a sending area for the Transfer of
Development Rights (TDR).
4. TDR.s.
*Owners of lands located in the North Belle Meade NRPA may transfer their
development rights to sections 21 and 28 and the west 1/4 of section 22 and 27, and/or
other suitable locations within the Rural Fringe Area at a ratio of 1 unit per 5 acres from
sending lands, or one unit per individual deeded parcel or lot that existed as of June 22,
1999, whichever is greater.
C. RECEIVING AREAS
Within the North Belle Meade Sector Area, Receiving Areas are identified for clustering
of residential dwelling units, central water and sewer service, and for the transfer of development
rights and comprise -+ 4,480 acres in the northern and northwestern portions of the North Belle
Meade area. The Receiving Areas are generally located in the northern portion of North Belle
Meade and are generally contiguous to Golden Gate Estates. Two sections are directly to the
south of the APAC Earth Mining Operation. The Receiving Area exhibits areas of less
environmental sensitivity than other portions of the North Belle Meade area, because of their
Sector Language RBA additions 020602
proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the
Receiving Area of North Belle Meade are located sections 21, 28 and the west ¼ of sections 22
and 27, which have been largely assembled under one property ownership. These lands are
located south of the existing APAC earth mining operation and have been largely impacted by
agricultural operations. The locations of sections 21 and 28 is just to the south and west of
Wilson Boulevard located in the southern portion of north Golden Gate Estates. Because an
earth mining operation and asphalt plant uses have existed for many years in the area, and the
surrounding lands in sections 21, 28 and the western halves of sections 22 and 27 contain locally
scarce Florida Department of Transportation grade rock for road construction, these uses are
encouraged to remain and expand on Sections 21 and 28 and on the western quarters of Sections
22 and 27.
The extension of Wilson Boulevard to the south with an ultimate connection to the
vicinity of Interstate 75, will serve to alleviate traffic congestion on Golden Gate Boulevard and
serve as an alternate evacuation route for Golden Gate Estates. Sufficient area for right-of-way is
available at the present time for the extension of this roadway. Additional right-of-way area may
be required outside of sections 21 and 28.
Because of the proximity of sections 21 and 28 and west 1/4 of section 22 and 27 to
Golden Gate Estates, as well as other locations in the North Belle Meade Receiving Area, they
are a logical locations for the development of a Rural Village or Neighborhood Village Center
with a mix of uses which may include clustering of residential uses and civic and institutional
uses, including limited retail uses at an intersection to be established with Wilson Boulevard.
Planning Considerations
Sector Language RBA additions 020602
7
1. North Belle Meade Rural Village
The standards for the Rural Villages/Commercial in the North Belle Meade area shall be
generally the same as provided for in policy 5.6 of the plan for the Rural Fringe Area,
however because of the Receiving Area's location adjacent to Estates and NRPA and
other sending lands, it does not have access to existing commercial uses, which should be
encouraged on North Belle Meade Receiving Lands. The following exceptions shall
apply:
* The minimum Rural Village size shall be 300 acres in the North Belle Meade Receiving
Area.
* The minimum gross density shall be 1.5 dwelling units per gross acre and a maximum
of 3 units per gross acre.
* A minimum of .5 dwelling units per gross acre shall be acquired through the transfer of
development rights. Sidewalks shall be required on both sides of the streets in the North
Belle Meade Rural Village
* Greenbelts shall not be required for any North Belle Meade Receiving Lands including
any Rural Village.
* Schools should be located within the North Belle Meade Rural Village whenever
possible in order to minimize busing of students and to collocate schools with public
facilities and civic structures such as parks, libraries, community centers, public squares,
greens and civic areas.
Elementary schools shall be accessed by local streets, pedestrian and bicycle facilities,
Sector Language RBA additions 020602
8
and shall be allowed in and adjacent to the Rural Village Center, provided such local
streets provide adequate access as needed by the School Board.
D. SENDING AREAS
Within the North Belle Meade area are + 5,440 acres of land that are identified as
Sending Areas for the transfer of development rights that are located in the western, eastern and
southern portion of the study area. The Sending Areas consist of the NRPA lands and another 6
and approximately 1/3 sections west of the NRPA (See Exhibit ~.). The sending areas are
locations where residential development is discouraged.
Endangered and threatened species are located within the Sending Areas, including
colonies of Red Cockaded Woodpeckers (see Exhibit ~.). Therefore, the protection of
endangered and threatened species including the protection of habitat are primary planning
considerations in this area.
Planning Considerations
1. TDRs
*Strongly encourage the transfer of development rights from the North Belle Meade
Sending Areas to other locations within the Rural Fringe or North Belle Meade area
outside the boundary of the NRPA.
2. Mitigation Credit
* Lands located in the NRPA and the adjoining buffer areas, which will be dedicated to a
public or private entity for conservation use may also be credited towards meeting any
governmental mitigation requirements and on a one to one acreage basis towards meeting
Sector Language RBA additions 020602
the onsite vegetation preservation requirements of North Belle Meade Receiving Lands.
3. Habitat Protection
* The Goals, Objectives and Policies of the Conservation and Coastal Management
Element for wildlife habitat protection shall apply to North Belle Meade Sending Lands.
4. Public Acquisition
*The County should support the public acquisition of sending areas in North Belle
Meade, particularly in locations where endangered or threatened species are located.
F:\users~BETSY~Wp9kE Naples Land Co~Settlement~ector Language RBA additions 020602.wpd
Sector Language RBA additions 020602
10
J ~
~
CCME
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Prepared By
Collier County Planning Services Department
Comprehensive Planning Section
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
October, 1997
AMENDMENTS TO GROWTH MANAGEMENT PLAN
CONSERVATION AND COASTAL MANAGEMENT ELEI~ENT
Symbol
~r
(i)
Date Amended
May 9, 2000
May 9, 2000
May 9, 2000
Ordinance No.
Ordinance No. 2000-25
Ordinance No. 2000-26
Ordinance No. 2000-27
Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County
Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives
and policies at issue in Administration Commission Case No. ACC-99-02
(DOAH Case No. 98-0324GM).
Ordinance No. 2000-26, amended Ordinance No. 69-05, as amended, the Collier County
Growth Management Plan, having the effect of rescinding certain EAR-based
objectives and policies at issue in Administration Commission Case No. ACC-99-02
(DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental
Coordination Element (Ord. No. 98.-56), Natural Groundwater Aquifer Recharge
Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public
Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan
(Ord. No. 97-64), Conservation and Coastal Management Element (Ord. No. 97-66), and
the Future Land Use Element and Future Land Use Map (Ord. No. 97-67); and re-adopts
Policy 2.2.3 of the Golden Gate Area Master Plan.
Ordinance No. 99-82, amended Ordinance No. 89-05, as amended, the Collier
County Growth Management Plan, pursuant to the Final Order dated June 22, 1999,
in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM).
This Ordinance was found "in compliance" by DCA, that determination was
Challenged, an Administrative Law Judge issued a Recommended Order that sided
with DCA, and DCA issued a Final Order finding the Ordinance "in compliance."
Indicates adopted portions
Note: the support document will be updated as current information becomes available.
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION,
CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS
NATURAL RESOURCES.
OBJECTIVE 1.1:
By August 1, 1994, the County will complete the development and implementation of a
comprehensive environmental management and conservation program that will ensure that the
natural resources, including species of special status, of Collier County are properly,
appropriately, and effectively identified, managed, and protected. Species of special status are
defined as species listed in the current "Official Lists of Endangered and Potentially
Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish
Commission.
Policy 1.1.1:
By August 1, 1989, appoint, and establish operational procedures for a technical advisory
committee to advise and assist the County in the activities involved in the development and
implementation of the County Environmental Resources Management Program.
Policy 1.1.2:
By the time mandated for the adoption of land development regulations pursuant to Chapter
163.3202, F.S., including any amendments thereto August 1, 1989 incorporate the goals,
objectives, and policies contained within this Element into the County's land development
regulations as interim environmental resources protection and management standards.
Policy 1.1.3:
By January 1, 1990, the County will have in place an appropriately administered and
professionally staffed governmental unit capable of developing, administering, and providing
long-term direction for the Collier County Environmental Resources Management Program.
Policy 1.1.4:
Ensure adequate and effective coordination between the Environmental Resources
Management Program staff and all other units of local government involved in land use
activities and regulations.
Policy 1.1.5:
Avoid unnecessary duplication of effort and continue coordination and cooperation with private,
Regional, State, and Federal agencies and organizations. Work with other local governments
to identify and manage shared natural resources.
Policy 1.1.6:
When developing the County conservation program, attempt to equitably balance the
relationship between the benefits derived and the costs incurred to both the public and private
sectors.
Policy 1.1.7:
Continue with the phased preparation and adoption of all natural resources management and
environmental protection standards and criteria needed for use in the Collier County land
Underline and Str!~:thrc'-'~hs reflect proposed changes to the current Growth Management Plan.
Page- 1 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
development review process. Implementation shall occur on an annual basis as standards and
criteria are developed.
Policy 1.1.8:
Continue with the phased preparation and adoption of all natural resources management and
environmental protection standards and criteria needed for use in the Collier County land
development review process. Implementation shall occur on an annual basis as standards and
criteria are developed.
OBJECTIVE 1.2:
Maintain the framework for an integrated, computer-based environmental resources data
storage, analysis, and graphics system and annually update the databases based on previous
year's analytical data in order to monitor the status of the County's natural resources and
propose potential protection measures when appropriate.
Policy 1.2.1:
As much as possible, the system will be compatible and capable of being tied into existing
geographic information and/or data management systems currently utilized by the South Florida
Water Management District, Southwest Florida Regional Planning Council, the Florida
Department of Environmental Protection, and the Florida Natural Areas Inventory.
Policy 1.2.2:
Data gathering will be coordinated with that of Federal, State and private resource management
organizations to minimize duplication of effort and enhance the quality of information.
Policy 1.2.3:
Collected and/or compiled data will be organized by established water-shed and sub-basin
units.
Policy 1.2.4:
County environmental resources data will be made available to both public and private entities
in order to promote and improve local environmental resources planning and management.
Policy 1.2.5:
The system will be maintained by the County staff and updated on a cooperative basis by
qualified public and private organizations.
OBJECTIVE 1.3:
Pursuant to Administration Commission Final Order AC-99-002 dated June 22, 1999, complete
the phased delineation, data gathering, management guidelines and implementation of the
NRPA program as part of the required Collier County Rural and Agricultural Assessment. The
purpose of NRPAs will be to protect endangered or potentially endangered species (as listed in
current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida",
published by the Florida Game and Fresh Water Fish Commission, the predecessor agency of
the Florida Fish and Wildlife Conservation Commission) and their habitats.
Pursuant to the Administration Commission Final Order, the County has mapped and identified
the Camp Keais Strand, CREW Lands, Okaloachoochee Slough, Belle Meade and South
Golden Gate Estates as NRPA's, with the express understanding that during the Rural and
Agricultural Assessment (Assessment) required by the Final Order, the goal of assisting in the
Underline and S~-~v~t~h~e~hs reflect proposed changes to the current Growth Management Plan.
Page - 2 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
protection of endangered species and their habitat will be further addressed and that
appropriate protection measures will be incorporated into comprehensive plan amendments to
be adopted at the conclusion of the Assessment. In the interim, and during the Assessment, a
development moratorium as set forth in the Final Order and in Ordinance 99-77 will be in place
until comprehensive plan amendments are adopted. The County has determined that the
development moratorium, the NRPA boundaries approved November 23, 1999, and the
additional restrictions that apply within the existing Area of Critical State Concern provide
sufficient protection for these resources on an interim basis until adoption of the final
comprehensive program to protect these resources. In selecting the final comprehensive
program the County, as part of the Assessment, will evaluate the NRPA program and its criteria
and implementation as well as other programs which may better provide adequate protection to
the resources.
Policy 1.3.1:
The program will, subject to completion of the Assessment and adoption of the comprehensive
plan amendments, include the following:
a. Identification of the NRP^s in map form as an overlay to the Future Land Use Plan Map.
Pursuant to the Final Order, the general areas of Camp Keais Strand, CREW Lands
Okaloachoochee Slough, Belle Meade and South Golden Gate Estates have been
mapped and identified as NRPAs on the Future Land Use Map. These areas shall be
further refined as the Assessment is implemented as a collaborative and community-
based effort.
All available data shall be further considered and refined during the Assessment to determine
the final boundaries of these NRPAs. As part of the Assessment, the County shall evaluate the
merits of including additional areas into these boundaries including, but not limited to, the area
of Northern Belle Meade, the area known as the "Stovepipe" to the north, northwest and
northeast of the Okaloachoochee Slough and the area southwest of the Okaloachoochee
Slough to the southeastern portion of the Camp Keais Strand which is south of Oil Well Road
(CR 858). Durin.q the Assessment for the Rural Frin.qe area, the County has determined that
CREW Trust lands1 the Belle Meade1 and a portion of the Northern Belle Meade shall be
identified as NRPAs. The ~ boundaries have been identified as NRPAs on the Futuru
Land Use Ma ' ' , These addit, ieP~
status of the other interim NRPAs and study areas are shown on the Future Land Use Map will
be addressed at the completion of the Assessment. Within there remaining study areas, the
following shall be the primary focus of addition study:
Underline and Str!?.cthrc'.'ghs reflect proposed changes to the current Growth Management Plan.
Page - 3 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
**** Stovepipe Study Area
(a) examine the level of existing and permitted agricultural improvements and impacts on
listed species and their habitat;
(b) examine whether the existing Area of Critical State Concern program affords sufficient
protection to listed species and their habitat;
(c) examine the possibility of acquisition of these properties by State or Federal programs,
including partial acquisition programs, an example of which would be conservation
easements;
(d) examine whether use of transfer of development rights would be appropriate in this area
and, if so, whether there should be any restrictions on their use;
(e) examine and analyze the Florida panther's use of agricultural lands and whether such
agricultural lands constitute critical habitat for the species; and
(f) examine and analyze whether any lands should be restored.
**** Oil Well Road (CR 858) Study Area
(a) examine the extent to which existing agricultural and mining operations, improvements
and facilities have impacted listed species and their habitat;
(b) examine documented movement of the Florida panther in the area;
(c) examine and analyze the Florida panther's utilization of agricultural lands and whether
~_.. such agricultural lands constitute critical habitat for the species;
(d) examine whether use of transfer of development rights would be appropriate in this area
and, if so, whether there should be any restrictions on their use; and
(e) determine whether the eastJwest wildlife corridor provided by the Florida Panther National
Wildlife Refuge and the Big Cypress National Preserve provides sufficient connectivity to
protect the species.
**** In addition to the moratorium referenced above, the County shall give notice to the Florida
Department of Community Affairs of all applications to develop or otherwise impact the above
special study areas.
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 for the CREW, North
Belle Meade, and Belle Meade NRPAs are those contained in the Future Land Use
Element. Ve.qetation preservation and other development standards for the NRPAs in thu
Rural Frin.qe Mixed Use District are found in other CCME policies;
d. A review process, integrated into the normal development application review, to ensure
that the guidelines and standards are being met and, in those cases where
Environmental Impact Statements are prepared, that the site-specific and cumulative
environmental impacts of development are being adequately assessed and addressed;
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
Underline and ,,~,~,,et4:u:e.~J~s reflect proposed changes to the current Growth Management Plan.
Page- 4 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2.27-02)
Conservation and Coastal Management Element
Permitting agencies for local regulation of activities that may alter the biological and
physical characteristics of NRPAs;
g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal
land acquisition programs for County areas qualifying as NRPAs.
**** The County recognizes that the NRPA program is not the only mechanism to protect significant
environmental resources and that the NRPAs being established at this time are of an interim
nature in conjunction with the development moratorium required by the Final Order. As a
consequence, the designation of an area as a NRPA or as part of a special study area is not
intended to affect property valuation on specific parcels. It is anticipated that the Assessment
will address all of the issues identified above and that the resulting comprehensive plan
amendments will provide resource protection measures best suited to meet the goals and
objectives of this comprehensive plan.
Policy 1.3.2:
Continue with management guidelines as defined within the County LDC that provide for the
management and conservation of the habitats, species, natural shoreline and dune systems for
the undeveloped coastal barrier and estuarine natural resources protection area.
Policy 1.3.3:
Guided by the Technical Advisory Committee, designate and adopt management guidelines
and performance standards for County natural resource protection areas. Implementation shall
occur on an annual basis as NRPAs and their implementation criteria are developed.
Policy 1.3.4:
Where possible, the implementation of the NRPA program shall be coordinated with the
preparation and implementation of watershed and sub-basin management plans.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page- 5 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 2:
THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER
RESOURCES.
OBJECTIVE 2.1:
By January 1, 2000, the County shall prepare Watershed Management Plans that will address
appropriate mechanisms to protect the County's estuarine and wetland systems..
Policy 2.1.1:
These Plans will evaluate activities in the watersheds that drain into the estuaries in order to
evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds
themselves.
Policy 2.1.2:
The Plans will provide for various tasks such as monitoring land-disturbing activities in the
watersheds, collecting canal flow and water quality data, stormwater quality data, and
assessing habitat changes.
Policy 2.1.3:
The Plans will also evaluate structural and non-structural controls for restoring historical
hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and
stormwater discharges to estuaries.
Policy 2.1.4:
All Watershed Management Plans should address the following concepts:
do
Appropriate wetlands are conserved;
Drainage systems do not unacceptably affect wetland and estuary ecosystems;
Surface water that potentially could recharge ground water is not unduly drained
away;
When feasible the extent and effects of salt-water intrusion are lessened;
The timing and flow of fresh water into the estuaries from the watershed shall, as
a minimum, not degrade estuarine resource value; and
The needs of the watershed's natural resources and human populations are
balanced;
The effects on natural flood plains, stream channels, native vegetative
communities and natural protective barriers which are involved in the
accommodation of flood waters; and
ho
Non-structural rather than structural methods of surface water management
should be considered first in and proposed new works.
Underline and Str!~th:c'.'gh= reflect proposed changes to the current Growth Management Plan.
Page - 6 -
Collier County
Growth Management Plan
Transmittal Public Hearing Dra~ (2-27-02)
Conservation and Coastal Management Element
Policy 2.1.5:
As appropriate, integrate environmental resources data collection, planning, and management
activities with the water management basin studies described in other parts of this Plan.
Policy 2,1.6:
Promote intergovernmental cooperation between Collier County and the municipalities of
Naples and Everglades City for consistent watershed management planning.
Policy 2.1.7:
Until the completion and adoption of individual watershed management plans, promote water
management permitting on a basin by basin approach.
OBJECTIVE 2.2:
All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal,
State, or local water quality standards.
Policy 2,2.1:
Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or
jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals,
Objectives, and Policies of this Element.
Policy 2.2.2:
In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems
should be designed in such a way that discharged water does not degrade receiving waters and
an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine
system. Non-structural methods such as discharge and storage in wetlands are encouraged.
Policy 2.2.3:
Chemical spraying for aquatic weed control should be conducted with extreme caution. The
use of appropriate biological and mechanical (use of harvesting equipment to remove
vegetation) controls in both the canal system and stormwater detention ponds is encouraged.
Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed.
Policy 2.2.4:
Continue and expand when needed the existing water quality monitoring program for sampling
canals and rivers and assess the data annually.
Policy 2.2.5:
By December 31, 1998, identify stormwater management systems that are not meeting State
water quality treatment standards.
OBJECTIVE 2.3:
All estuaries shall meet all applicable federal, state and local water quality standards.
Policy 2.3.1:
No new untreated point source discharge shall be permitted directly to the estuarine system or
rivers or canals that flow into the estuarine system.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page- 7 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 2.3.2:
Stormwater systems discharging directly to estuaries shall be designed to meet the same
requirements as stated in Policy 2.2.2.
Policy 2.3.3:
In an attempt to increase ground water levels and to restore the natural hydroperiod for the
natural freshwater input to the estuarine system, any future modification of public water control
structures in the watershed above the control structure which would amount to 50% or more of
the cost of a new structure shall be designed to retain as much water as appropriate.
Policy 2.3.4:
Continue to implement and refine a water quality and sediment monitoring program for the
estuarine system
Policy 2.3.5:
Continue to have staff coordinate with the City of Naples staff regarding coordinated and
cooperative planning, management, and funding programs for limiting specific and cumulative
impacts on Naples Bay and its watershed. At a minimum, this agreement includes the
following:
a. Insure adequate sites for water dependent uses,
b. Prevent estuarine pollution,
c. Control run-off,
d. Protect living marine resources,
e. Reduce exposure to natural hazards,
f. Ensure public access,
g. Provide a continuing monitoring program.
Policy 2.3.6:
Restrict development activities where such could adversely impact coastal water resources.
OBJECTIVE 2.4:
By June 30, 1998, complete a draft agreement with the Florida Department of Environmental
Protection regarding coordinated and cooperative planning, management and monitoring
programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and
their watersheds. The agreement shall identify the process for notifying FDEP of development
projects within the watersheds of these preserve areas.
Policy 2.4.1:
At a minimum the County shall notify Department of Environmental Protection of proposed land
development projects that could affect these preserves.
Policy 2.4.2:
The County shall request the Department of Environmental Protection staff to participate in the
development of future coastal and watershed management plans.
Underline and Str!~:thrc'--'ghs reflect proposed changes to the current Growth Management Plan.
Page- 8 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 2.4.3:
The County will request the cooperation of the Department of Environmental Protection to
gather data and information needed for monitoring water quality, habitat changes and land use
activities within the watersheds of these preserves.
OBJECTIVE 2.5:
The County will continue with the implementation of its estuarine management program by
requiring development to meet its current standards addressing stormwater management, and
the protection of seagrass beds, dune and strand, and wetland habitats.
Policy 2.5.1:
Identify land use activities that have the potential to degrade
quality.
the estuarine environmental
Policy 2.5,2:
This management program shall incorporate information obtained from the various watershed
management plans described elsewhere in this Element.
Policy 2.5.3:
This program shall in part be based on the estuarine data analyses and management
recommendations contained in the County's coastal management program's technical reports.
Underline and Str!~cthrc'-'~hs reflect proposed changes to the current Growth Management Plan.
Page- 9 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 3:
THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER
RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL
(I)
OBJECTIVE 3.1:
Ground water quality shall meet all applicable Federal and State water quality standards by
January 2002 and shall be maintained thereafter.
(I) Policy 3.1.1:
Wellhead protection areas identified on the Future Land Use Map Series shall be protected as
follows:
1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones
defined as follows:
a) W-1 is the land area surrounding the identified potable water wellfield wellheads
and extends to the five percent ground water capture zone boundary line (which
approximates the one year ground water travel time to the wellfield).
b) W-2 is the land area between the W-1 boundary line and the ten percent ground
water capture zone boundary line (which approximates the two year ground water
travel time to the potable water wellfield).
c) W-3 is the land area between the W-2 boundary line and the twenty-five percent
ground water capture zone boundary line (which approximates the five year ground
water travel time to the potable water wellfield).
d) W-4 is the land area between the W-3 boundary line and the 100 percent ground
water capture zone boundary line (which approximates the twenty year ground water
travel time to the potable water wellfieid).
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-l, W-2, W-3.
c) Future solid waste storage, collection, and recycling storing hazardous products and
hazardous wastes: prohibited in W-l, 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-l, W-2, W-3.
e) Future domestic wastewater treatment plants: prohibited in W-I.
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 Iow-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-l, W-2, and W-
3 shall meet all construction and operating standards contained in 64E-10, F.A.C. as
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 10 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
the rule existed on August 31, 1999 and shall implement a ground water monitoring
plan.
Conditional uses shall be granted only in extraordinary circumstances and where
impacts of the development will be isolated from the Surficial and Intermediate Aquifer.
(i)
OBJECTIVE 3.2:
The County shall implement a well construction compliance program under criteria specified in
the Collier County Well Construction Ordinance, which is designed to ensure proper
construction of wells and promote aquifer protection.
(i)
Policy 3.2.1:
County inspectors who are appropriately trained and knowledgeable of drilling and grouting
techniques required in Collier County will inspect the drilling and grouting process of ali types of
wells drilled in the County.
([)
Policy 3.2.2:
Implement the South Florida Water Management District's well construction standards in the
Collier County Well Construction Ordinance that will provide for inspections and penalties if well
drillers do not follow these standards.
(])
Policy 3.2.3:
A committee of well contractors and drillers, County staff, Health Department staff, and South
Florida Management District staff will continue to evaluate the need for well construction
standards that are more specific to Collier County and reflect Collier County conditions.
([)
Policy 3.2.4:
The County will inform well contractors and drillers and the public on the necessity for proper
well construction and hold. workshops for well drillers on proper techniques for well construction
in Collier County.
(i)
Policy 3.2.5:
The County shall cooperate with the South Florida Water Management District in identifying and
plugging improperly abandoned wells.
(i)
(i)
OBJECTIVE 3.3:
Continue to identify, refine extents of, and map zones of influence and contribution around
potable wellfields in order to identify activities that must be regulated to protect ground water
quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge
Sub-Element.)
Policy 3.3.1:
Maintain and refine a 3-dimensional computer model that calculates cones of depression
around significantly sized existing and planned potable wellfields.
Policy 3.3.2:
Use the results of this analysis to modify the calculated "cones of influence" and amend the
Comprehensive Plan to include these areas as "environmentally sensitive lands".
Underline and St~k, et~ reflect proposed changes to the current Growth Management Plan.
Page - 11 -
Collier County
Growth Management Plan
Transmittal Public Hearing Dra~ (2-27-02)
Conservation and Coastal Management Element
(I) Policy 3.3.3:
Continue to identity and delineate existing land uses that possess the greatest potential for
wellfield contamination.
(i)
Policy 3.3.4:
Continue to establish and apply technically and legally defensible criteria for determining and
mapping zones of protection.
(I) Former OBJECTIVE 3.3 and Policies 3.3.1, 3.3.2, 3.3.3, 3.3.4 [deleted]
OBJECTIVE 3.4:
Collect and evaluate data and information designed to monitor the quality of ground water in
order to identify the need for additional protection measures. (Refer to Objective 1.3 in the
Natural Ground Water Aquifer Recharge Sub-Element)
Policy 3.4.1:
Continue the existing water quality monitoring program to provide base-line data, evaluate
long-term trends, identify water quality problems, and evaluate the effectiveness of the County's
ground water protection program.
Policy 3.4.2:
Coordinate data gathering activities with State and Federal agencies to minimize duplication of
efforts and enhance the quality of information gathered.
Policy 3.4.3:
Assess the data annually to determine whether monitoring activities and County Ordinances
require expansion, modification or reduction.
Policy 3.4.4:
Gather and use appropriate data to refine and improve the database used in the County's
3-dimensional ground water model.
Underline and Str!~ethrc'.'ghs reflect proposed changes to the current Growth Management Plan.
Page - 12 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 4:
THE COUNTY SHALL CONSERVE, PROTECT AND
MANAGE THE COUNTY'S FRESH WATER RESOURCES.
APPROPRIATELY
OBJECTIVE 4.1:
Collect and evaluate data and information designed to more accurately determine water use in
Collier County such as the County's database tracking all permitted wells and wells having
consumptive use permits.
Policy 4.1.1:
Use as much as possible the existing reporting requirements and computer database of the
South Florida Water Management District.
Policy 4.1.2:
Work with the agricultural community to devise a method for determining agricultural pumpage.
Policy 4.1.3:
Compile from appropriate local, State, Federal and private organizations the water use
requirements of the native plant and animal community associations within the County.
OBJECTIVE 4.2:
The County will promote conservation of its water supply and by April 1, 1998, develop a
comprehensive conservation strategy, which will identify specific goals for reducing per capita
potable water consumption.
Policy 4.2.1:
Continue to rely on the South Florida Water Management District to take appropriate measures
to conserve water in emergency situations.
Policy 4.2.2:
Negotiate agreements with area golf courses to accept and use treated wastewater effluent for
irrigation when and where same is available from existing and future wastewater treatment
plants.
Policy 4.2.3:
Identify existing and future publicly owned lands suitable for irrigation with treated wastewater
effluent, such as government building grounds, parks and highway medians, and incorporate
these into future planning for effluent disposal.
Policy 4.2.4:
Identify existing and future privately owned lands suitable for irrigation with treated wastewater
effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks,
and incorporate these into future planning for effluent disposal.
Policy 4.2.5:
Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes
that are designed for water conservation purposes.
Policy 4.2.6:
Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes
that are designed for water conservation purposes.
Underline and Str~.e.t4weu~ reflect proposed changes to the current Growth Management Plan.
Page - 13 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 5:
THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE
ITS MINERAL AND SOIL RESOURCES.
OBJECTIVE 5.1:
Allow the extraction or use of mineral resources in the County provided such activities comply
with applicable industry and government standards regarding health, safety, and environmental
protection.
Policy 5.1.1:
The County shall allow mineral extraction operations as provided in the zoning code.
Policy 5.1.2:
A water use plan must be prepared by the applicant and approved by the County Water
Management Department before new mineral operations are permitted.
Policy 5.1.3:
Mineral extraction operations shall comply with standards and criteria as provided in the
County's Excavation and Blasting Ordinances.
Policy 5.1.4:
Depth of excavation and dewatering shall be restricted in areas where saline water can intrude
into the bottom of the pits. (Also, refer to Policy 3.3.1).
Policy 5.1.5:
Monitoring shall be required to determine compliance with State water quality standards.
Mining activities shall stop if water quality standards are violated as a result of the mining
operation.
OBJECTIVE 5.2:
Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate
assessment and mitigation of site specific and cumulative impacts resulting from mineral
extraction activities.
Policy 5.2.1:
The Program will define reclamation standards for the protection and restoration of wildlife
habitat.
OBJECTIVE 5.3:
On biennial basis, beginning in October, 1998, review and refine estimates of types and
quantities of existing ruinable mineral resources in Collier County, based in information
collected during previous biennium.
Policy 5.3.1:
Work with the Florida Department of Environmental Protection and the Florida Geological
Survey and local mining industry officials to inventory and evaluate the existing mineral
reserves in Collier County.
Underline and $t~<~fl;m~hs reflect proposed changes to the current Growth Management Plan.
Page - 14 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
OBJECTIVE 5.4:
The County shall maintain its program to control soil erosion through its regulations identifying
criteria to control and reduce soil erosion and sediment transport from construction and other
nonagricultural land disturbing activities.
Policy 5.4.1:
Rely on the USDA Natural Resources Conservation
appropriate soil conservation guidelines for agriculture.
Service to provide the County with
Underline and Str!kcthrc'--'Ghs reflect proposed changes to the current Growth Management Plan.
Page - 15 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND
APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND
WILDLIFE HABITAT.
r,,, [ ....
,.,,.,., ....,.',,.. r. .... ,,, k-,k;*,~*.- ~ ,..,, ,k,. adopt!ch '''j .... "J~" ,4 .... ~,.,p~...,., ...;,,..., ,~.,. r, .... ,,,
impo
6.4.~ and ~ '~ TM ,r. .... Gr. ,.,.G,.+;.,,~,.,.. r.,., ...... ," .... *,' ~*"' ~r,d dcvclcpmcnt .............
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......................... spcs',cs ,~, ,
By ' .... ~ ~ nno inventor; ,4,.,i .... ,4 propers ,4 .... i ..... , ..,....,4...a.....,4 ,..i,,.... ~. ,. .. .. ,4.. .. c~
............. cpsc:cs, .~, p',nc ................ ~, pra'.r:c ..........
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 16 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
^, .... *',',,',,~ .... dcciGr,3tsd ...... ; ...... *"[[ ......;*; ........
Underline and Strik=thrc':Ghs reflect proposed changes to the current Growth Management Plan.
Page - 17 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
thc ~"'"'~" Department c~ '"""; ...... *-'~ Protect!ch
Underline and Str!k:thrc'--'ghs reflect proposed changes to the current Growth Management Plan.
Page - 18 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
tr=,-, ~, iH,-, .-,,-, I ........ .................
........ prcccr;c ~'"";~ ^ ........ *; ......... , ,-,. ,,,h .......... * dcdlcct!cr..k,.~ll k,,~
C,~,
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 19 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
follows:
c;
d)
Thc ~;"+ "~'"'""" ''~ *" ~' ..... '~ cnhanco "";~'+; .... *""c ~'"~';*"*" c" ";*'~ ""'~ iht:ct
? +hit', ;,', n,,',+ .... +;,-,-,h',', +~,,,., concldcrct!c~ should ~'" glvcn +" + ..... '""+;
if +~';" ;" ""'+ ....+;....~,l,, +~'"" "++"'"'"+ +'" ucc ""+" .......""" + ....... +" lost
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 20 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
OBJECTIVE 6.1
The County shall protect native vegetative communities through the application of minimum
preservation requirements. The following policies provide criteria to make this objective
measurable. These policies shall apply to all of Collier County except for the Eastern Lands
Study Area and may be modified as future Growth Management Plan amendments are
proposed during the completion of the Collier County Rural and Aqricultural Assessment1 as
allowed by the Administration Commission's Final Order AC-99-002 dated June 221 1999.
Policy 6.1.1:
For the County's Urban Desi.qnated Area, native vegetation shall be preserved on-site throu,qh
the application of the followin.q preservation and ve.qetation 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.
Coastal Hiqh Hazard Area Non-Coastal Hiqh Hazard Area
Less than 2.5 acres 10% Less than 5 acres. 10%
Residential and Equal to or qreater Greater than 5 acres
Mixed Use than 2.5 ac. 25% and less than 20 acres. 15%
Development
Equal to or
qreater than 20 ac. 25%
Golf Course 40% 40%
Commercial and Less than 5 acres. 10% Less than 5 acres. 10%
Industrial
Development Equal to or qreater Equal to or
than 5 acres. 15% qreater than 5 acres. 15%
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 21 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
The followinq standards and criteria shall apply to the veqetation retention requirements
referenced above:
(1) For the purpose of this policy, "native vegetation" is defined as a vegetative community
having 75% or less canopy coverage of melaleuca or other invasive exotic 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 ve.qetation shall include canopy, under-story and ground cover
emphasizinq the larqest contiguous area possible.
(3) Areas that fulfill the native veqetation retention standards and criteria of this policy shall be
set aside as preserve areas. All on-site or off-site preserve areas shall be protected by a
permanent conservation easement to prohibit further development1 consistent with the
requirements of this policy.
(4) Selection of preservation areas shall reflect the followinq criteria in descending order of
priority:
a. Onsite wetlands shall be preserved pursuant to Policy 6.2.5 of this element;
b. 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 movement of wildlife
through the site. This criterion shall be consistent with the requirements of Policy 7.1.1
of this element. Parcels containing gopher tortoises shall protect the largest, most
contiguous .qopher tortoise habitat with the greatest number of active burrows, and
provide a connection to off site adiacent gopher tortoise preserves.
c. Upland habitat shall be part of the preservation requirement when wetlands alone do not
constitute all of the requirement. Upland habitats have the following descending order
of priority:
1. Any upland habitat that serves as a buffer to a wetland area,
2. Listed plant and animal species habitats,
3. Xeric Scrub,
4. Dune and Strand, Hardwood Hammocks,
5. Dry Prairie, Pine Flatwoods, and
6. All other upland habitats.
(5) Passive recreational uses such as pervious nature trails or boardwalks are allowed within
(6)
(7)
the preserve areas, as Ion.q as any clearing required to facilitate these uses does not impact
the minimum required vegetation.
A management plan shall be submitted 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, and maintenance of
permitted facilities.
Exceptions, by means of mitigation in the form of increased landscape requirements shall
be .qranted for parcels that can not reasonably accommodate both the preservation area
and the proposed activity. Criteria for allowing these exceptions include:
(a) Where site elevations or conditions requires placement of fill thereby harming or
reducin.q the survivability of the native vegetation in its existing locations;
(b) Where the existin.q vegetation required by this policy is located where proposed site
improvements are to be located and such improvements can not be relocated as to
(c)
protect the existing native ve.qetation;
Where native preservation requirements are not accommodated, the landscape plan
shall re-create a native plant community in all three strata (ground covers, shrubs and
trees), utilizing larger plant materials so as to more quickly re-create the lost mature
vegetation.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 22 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(8) This policy shall not be interpreted to allow development in wetlands, should the wetlands
alone constitute more than the portion of the site required to be preserved.
(9) Parcels that were leqally cleared of native vegetation prior to January 1989 shall be exempt
from this requirement.
(10) Existing native vegetation that is located contiguous to a 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) Preservation areas shall be interconnected within the site and to adjoining off-site
preservation areas or wildlife corridors.
Policy 6.1.2:
For the County's Rural Fringe Mixed Use District1 native veqetation shall be preserved on site
through the application of the following preservation and vegetation retention standards and
criteria:
Preservation and Native Vegetation Retention Standards:
a. Receiving Lands:
A minimum of 40% of the native vegetation present, not to exceed 25% of the total site
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.
c. Non-NRPA Sending Lands:
Calculated at the hiqher value of 80% of the native veqetation presentl or 80% of the
total site area;
d. NRPA Sending Lands:
Calculated at the higher value of 90% of the native vegetation present, or 90% of the
total site area.
e. Provisions a. throuqh 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 Mapl including nonconforming lots of record which existed on or before
June 221 19991 for lots1 parcels or fractional units of land or water equal to or less than
five (5) acres in size, the native vegetation clearing allowance shall be allowed, at a
minimum 20% or 251000 square feet of the lot or parcel or fractional unit1 whichever is
greater1 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
acres1 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 site1 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 75% or less canopy coverage of melalueca or other invasive exotic plant species.
The vegetation retention requirements specified in this policy are calculated on the amount
of "native vegetation" that conforms to this definition.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 23 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(2) The preservation of native vegetation shall include canopy, under-story and ground cover,
emphasizing the lar.qest contiguous area possible.
(3) Areas that fulfill the native veqetation retention standards and criteria of this policy shall be
set aside as preserve areas. All onsite or offsite preserve areas shall be protected by a
permanent conservation easement to prohibit further development, consistent with the
requirements of this policy.
(4) Selection of the preserve areas shall reflect the followin.q criteria in descending order of
priority:
a. Onsite wetlands shall be preserved pursuant to Policy 6.2.5 of this element;
b. 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 movement of wildlife
through the site. This criterion shall be consistent with the requirements of Policy 7.1.1
of this element. Parcels containing gopher tortoises shall protect the larqest, most
conti.quous gopher tortoise habitat with the greatest number of active burrows, and
provide a connection to off site adjacent gopher tortoise preserves.
c. Upland habitat shall be part of the preservation requirement when wetlands alone do not
constitute all of the requirement. Upland habitats have the followinq descending order
of priority:
1. Any upland habitat that serves as a buffer to a wetland area.
2. Listed plant and animal species habitats,
3. Xeric Scrub,
4. Dune and Strand, Hardwood Hammocks,
5. Dry Prairie, Pine Flatwoods, and
6. All other upland habitats.
(5) Passive recreational uses such as pervious nature trails or boardwalks are allowed within
(6)
(7)
(8)
the preserve areas, as long as any clearing required to facilitate these uses does not impact
the minimum required native vegetation.
A manaqement plan shall be submitted 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, and maintenance of
permitted facilities.
Off-site preservation shall be allowed to provide flexibility in the project design.
a. Within Receiving Lands1 off-site preservation shall be allowed for up to 50% of the
ve.qetation retention requirement.
1. Off-site preservation areas shall be allowed at a ratio of 1:1 if such off-site
preservation is located within designated Sending Lands or at a ratio of 1.5:1
anywhere else.
2. Like for like preservation shall be required for Tropical Hardwood and Oak
Hammock vegetative communities.
b. Within non-NRPA Sendinq 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 conti.quous to desiqnated Sendinq Lands and
shall be allowed at a ratio of 3:1.
c. Off-site preservation shall not be allowed in NRPA Sendinq Lands.
Density Bonus Incentives shall be qranted to encouraqe preservation amounts greater
than that required in this policy. This bonus shall be allowed only after the project density
reaches the maximum allowable density using TDRs. Density bonuses shall be limited to
no more than 10% of the allowed density, including any additional units allowed pursuant to
the TDR program or units allowed for Rural Villaqes. Within one (1) year of the effective
Underline and Std?.cthrcughs reflect proposed changes to the current Growth Management Plan.
Page - 24 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(9)
date of these amendments, Collier County shall adopt specific land development
re.qulations to implement this incentive pro.qram.
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) Existin.q native vegetation that is located contiquous 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 Obiective 6.5 of this element;
(11) Preservation areas shall be interconnected within the site and to adioinin.q off-site
(12)
preservation areas or wildlife corridors;
This policy shall not be interpreted to allow development in wetlands, should the wetlands
alone constitute more that the portion of the site required to be preserved.
Policy 6.1.3
Prohibited invasive exotic vegetation shall be removed from all new developments.
(1) Applicants for development permits shall submit and implement plans for invasive exotic
plant removal and Ion.q-term control.
(2) Maintenance plans shall describe specific techniques to prevent re-invasion by prohibited
exotic ve.qetation of the site in perpetuity.
(3) The County shall maintain a list of prohibited invasive exotic ve,qetation in the Land
Development Code and update it as necessary.
Policy 6.1.4
A.qriculture shall be exempt from the above preservation requirements contained in Policies
6.1.1 and 6.1.2 of this element provided that any new clearin.q of land for aqriculture shall not
be converted to non-a.qricultural development for 25 years. For any such conversions in less
than 25 years, the requirements of Policies 6.1 and 6.2 of this element shall be applied to the
site at the time of the conversion. The percenta.qe of native ve.qetation preserved shall be
calculated on the amount of ve.qetation occurring at the time of the a.qricultural clearinq, and if
found to be deficient, a native plant community shall be restored to re-create a native plant
community in all three strata (ground covers, shrubs and trees), utilizin.q larger plant materials
so as to more quickly re-create the lost mature ve.qetation.
Policy 6.1.5
Exemptions from the Rural Frin.qe Mixed Use District Development Standards - As provided for
in the Final Order, the requirements of this District shall not apply to, affect or limit the
continuation of existing uses. Existin.q uses shall include those uses for which all required
permits were issued, or uses for which completed applications were received by the County
prior to June 22,1999. The continuation of existing uses shall include expansions of those uses
if such expansions are consistent with or clearly ancillary to the existin.q uses. Hereafter, such
previously approved developments shall be deemed to be consistent with the Plan's Goals,
Policies and Obiectives for the Rural Fringe area, and they may be built out in accordance with
their previously approved plans. Chanqes to these previous approvals shall also be deemed to
be consistent with the Plan's Goals, Obiectives and Policies for the Rural Frin.qe 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, Ran.qe 49 S (+/-360 acres), the native ve.qetation
Underline and Str!~cthrcu.~hs reflect proposed changes to the current Growth Management Plan.
Page - 25 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
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 existinq land fill operations;
exotic removal will be required on the entire +/- 360 acres.
Policy 6.1.6
The County shall require native vegetation to be incorporated into landscape designs in order to
promote the preservation of native plant communities and to encourage water conservation.
This shall be accomplished by:
(1) Providing incentives for retaining existing native vegetation in landscaped areas;
(2) Establishing minimum native vegetation requirements for new landscapina: and
(3) For residential and commercial wet detention ponds within the Urban Desiqnated Area, ten
percent of the finished lake banks shall be planted with native aquatic vegetation on a
littoral shelf. Wet detention ponds within the Rural Fringe Mixed Use District, shall have a
littoral shelf with an area equal to 30% of the ponds surface area measured at the control
elevation and be planted with native aquatic vegetation.
Policy 6.1.7
An Environmental Impact Statement (ELS) is required, to provide a method to objectively
evaluate the impact of a proposed development, site alteration, or project upon the resources
and environmental quality of the project area and the community and to insure that planning
and zoning decisions are made with a complete understanding of the impact of such decisions
upon the environment, to encourage projects and developments that will protect, conserve and
enhance, but not degrade, the environmental quality and resources of the particular proiect or
development site, the general area and the greater community. An ElS shall be required for:
1. Any site with an ST or ACSC-ST overlay, or within the boundaries of Sendinq Lands or
NRPAs.
2. All sites seaward of the coastal manaqement boundary that is 2.5 or more acres.
3. All sites landward of the coastal management boundary that are ten or more acres.
4. Any other development or site alteration, which in the opinion of the development
services director, would have substantial impact upon environmental quality.
The ElS requirement does not apply to a single family or duplex use on a sinqle lot or parcel.
The ElS requirement may be waived subject to the following:
1. Aqricultural uses as defined in 9J-5.003(2), including aquaculture for native species.
2. After inspection by County staff and filinq of a written report, any land or parcel of land
has been so altered as to have irreparable damage to the ecological, drainage, or
groundwater recharge functions; or that the development of the site will improve or
correct the existing ecological functions or not require any maior alteration of the
existinq landforms, drainage, or flora and fauna elements of the property. For the
purpose of this policy, major alteration shall mean greater than 10% of the site.
3. Exemptions shall not apply to any parcel with an ST or ACSC-ST overlay, or within the
boundaries of Sending Lands or NRPAs except for single family homes or as otherwise
allowed by the ST or ACSC-ST criteria.
OBJECTIVE 6.2:
The County shall protect and conserve wetlands and the natural functions of wetlands. These
policies shall apply to all of Collier County except for the Eastern Lands Study Area and may be
modified as future Growth Management Plan amendments are proposed during the completion
Underline and ~,~,,et, h~u~6 reflect proposed changes to the current Growth Management Plan.
Page - 26 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
of the Collier County Rural and Agricultural Assessment, as allowed by the Administration
Commission's Final Order AC-99-002 dated June 22, 1999.
Policy 6.2.1
As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95
SFWMD land use and land cover inventory are mapped on the Future Land Use Map series.
These areas shall be verified by a jurisdictional field delineation, subiect to Policy 6.2.2 of this
element, at the time of project permitting to determine the exact location of jurisdictional
wetland boundaries.
Policy 6.2.2
Wetlands shall be defined pursuant to Section 373.019 Florida Statutes.
iurisdictional wetland boundaries are further described ,by the delineation
Section 373.421 Florida Statutes.
The location of
methodology in
Policy 6.2.3
Collier County shall implement a comprehensive process to ensure wetlands and the natural
functions of wetlands are protected and conserved. The process outlined within this policy is
primarily based on directing concentrated population growth and intensive development away
from larqe connected wetland systems. These wetland systems have been identified based on
their type, values, functions, sizes, conditions and locations within Collier County.
The large connected wetland systems that exist at the landscape scale in Collier County shall
be protected through various Land Use Designations and Overlays that restrict higher intensity
land uses and require specific land development standards for the remaining allowable land
uses. Collier County shall direct incompatible land uses away from these large landscape
scale wetland systems by the following mechanisms:
(1) Conservation Des~qnation
Best available data indicates that 76% of all wetlands found in Collier County are contained
(2~
within the boundary of the land designated as Conservatipn on the Future Land Use Map.
The overall purpose of the Conservation Designation is to conserve and maintain the
natural resources of Collier County and their associated environmental, recreational, and
economic benefits. The allowed land uses specified in the FLUE's Conservation
Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited
residential development and future non-residential development. These limitations support
Collier County's comprehensive process to direct concentrated population growth and
intensive land development away from large connected wetland systems.
Bi.q Cypress Area of Critical State Concern Overlay (ACSC)
Best available data indicates that 74% of the County's wetlands are within the Bio Cypress
Area of Critical State Concern Overlay. The land development regulations contained in the
ACSC Overlay District on the Future Land Use Map provide standards that facilitate the
goal of directing higher intensity land uses away from wetland systems. The development
standards for the ACSC Overlay specifies that site alterations shall be limited to 10% of the
total site. A larqe percentage of the land contained within the ACSC is also within the
Conservation Designation and thus is subiect to the land use limitations of that Land Use
(3)
Designation. (Land Use Des~qnation Section V.)
Natural Resource Protection Areas (NRPAs)
Major wetland systems and regional flow-ways were used as criteria to establish the NRPA
Overlay District as shown on the Future Land Use Map. These areas identify high
functioning wetland systems in the County and represent an additional 12% of County
Underline and Strikcthrcughc reflect proposed changes to the current Growth Management Plan.
Page - 27 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
wetlands that are not located in Conservation Lands.
Based on the relatively hi.qh
(4)
concentration of wetlands within NRPA designated lands1 incompatible land uses shall be
directed away from these areas. (Reference the FLUE Land Use Des~qnation Section fl (I)
for the specific land use restrictions.) Allowable land uses for the NRPAs that are located in
the Rural Fringe Mixed Use District are also subject to native veqetation and preservation
standards of 90%. (Reference CCME Po/icy 6.1.2)
Rural Fringe Mixed Use District Sendin.q Lands
Best available data indicates that 14,300 acres of wetlands are contained within designated
Sendinq Lands constituting 85% of land cover in these areas. Incompatible land uses are
directed away from the Rural Fringe Mixed Use District Sending Lands through an
incentive-based Transfer of Development Rights Program that allows land owners within
these Sending Lands to transfer their residential density out of the Sending Lands to Rural
Frin.qe Mixed Use District Receiving Lands. Incompatible land uses are also directed away
from Sending Lands by restricting allowable uses. (Reference FLUE Rural Frinqe Mixed
Use District.) Finally, allowable uses within these lands are also subject to native vegetation
retention and preservation standards of 80% to 90%. (Reference CCME Po#cF 6.1.2)
Collier County shall allow for more intensive development to occur in Rural Fringe Receivinq
Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the Urban
Desiqnated Areas subject to the land uses identified in the Future Land Use Element. These
areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the
coastal portion of the Urban Designated Area, the County finds that the wetland systems in
these areas are more fra.qmented and altered than those systems located within the
Conservation Lands, ACSC and NRPA overlays, and Rural Fringe Sending Lands.
On a project-specific basis, wetlands and wetland functions shall be protected throuqh the
followinq mechanisms:
(1) Federal and State jurisdictional agency review and wetland permittinq;
(2) Vegetation preservation policies supporting CCME Objective 6.1;
(3) Wetland protection policies supporting CCME Objective 6.2 and 6.3; and
(4) Clustering provisions specified in the FLUE (Reference FLUE Rural Frin.qe Mixed Use
District.).
Policy 6.2.4:
Past development has altered Collier County wetlands causing wetland systems to lose some
degree of functionality, especially within the Urban Designated Area, North Golden Gate
Estates, Rural-Settlement Area District and the Rural Frin.qe Mixed Use District Receiving
Lands. 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
Re.q-001, dated September 1997, and updated Auqust 1999, until such time as the District
adopts the proposed Unified Wetland Mitigation Assessment Method, described in draft form
and identified as F.A.C. Chapter 62-345-Uniform Wetland Mitigation Assessment Method. The
applicant shall submit to county staff, agency accepted WRAP scores. County staff shall
review this functionality assessment as part of the County's ElS provisions and shall use the
results to direct incompatible land uses away from the hi.qhest functioning wetlands according to
the requirements found in Policies 6.2.5, 6.2.6 and 6.2.7 of this element.
Underline and Str!.U. cthrcu~,h: reflect proposed changes to the current Growth Management Plan.
Page- 28 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 6.2.5:
Collier County shall direct land uses away from hiqher functioning wetlands by limiting direct
impacts within wetlands based upon the vegetation requirements of Policy 6.1.1 and 6.1.2 of
this element, the wetland functionality assessment described in Policy 6.2.4 of this element, and
the final permitting requirements of the South Florida Water Management District. A direct
impact is hereby defined as the dred.qin,q or fillinq of a wetland. This policy shall be
implemented as follows:
(1) The County shall apply the veqetation retention requirements of Policies 6.1.1 and 6.1.2 of
this element to preserve an appropriate amount of native vegetation on site. Wetlands shall
be preserved as part of this ve.qetation requirement accordin.q to the followinq criteria:
a. Wetlands having wetland functionality assessment scores of at least 0.65 shall be
preserved on site. The acreaqe requirements of Policy 6.1.1 and Policy 6.1.2 of this
element shall be met by preserving wetlands with the hiqhest wetland functionality
scores. Within one year, the County shall develop specific criteria to be used to
determine when wetlands having a functionality assessment score greater than 0.65
shall be required to be retained exceeding the acreage required by Policies 6.1.1 and
6.1.2 of this element.
b. Wetlands utilized by listed species or servinq as corridors for the movement of wildlife
shall be preserved on site.
c. Wetland flowways through the project shall be maintained.
d. Upland veqetative communities may be utilized to meet the veqetative preservation
requirements of Policy 6.1.1 and Policy 6.1.2 of this element when the wetland
functional assessment score is less than 0.65.
(2) All direct impacts shall be mitigated for pursuant to the requirements of Policy 6.2.7.of this
element.
(3) Sin.qle family residences shall follow the requirements contained within Policy 6.2.10 of this
element.
Policy 6.2.6
The County shall separate preserved wetlands from other land uses with appropriate buffering
requirements. The County shall require a minimum 50-foot ve.qetated upland buffer adiacent to
a natural water body, and for other wetlands a minimum 25-foot veqetated upland buffer
adjacent to the wetland. A structural buffer may be used in conjunction with a vegetative buffer
that would reduce the ve.qetative 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:
(1) The buffer shall be measured landward from the approved jurisdictional line.
(2) The buffer zone shall consist of preserved native vegetation. Where native veqetation does
not exist, native ve.qetation compatible with the existing soils and expected hydrolo._qic
conditions shall be planted.
(3) The buffer shall be maintained free of Category I invasive exotic plants, as defined by the
Florida Exotic Pest Plant Council.
(4) The followin.q land uses are considered to be compatible with wetland functions and are
allowed within the buffer:
a. Passive recreational areas, boardwalks and recreational shelters;
b. Pervious nature trails;
c. Water management structures;
d. Mitiqation areas;
e. Any other conservation and related open space activity or use which is comparable in
nature with the foregoing uses.
Underline and St~ reflect proposed changes to the current Growth Management Plan.
Page - 29 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(5) A structural buffer may consist of a stem-wall, berm, or vegetative hedqe with suitable
fencinq.
Policy 6.2.7
Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of
wetland functions.
(1) Mitigation Requirements:
a. "No net loss of wetland functions" shall mean that the wetland functional score of the
proposed mitiqation equals or exceeds the wetland functional score of the impacted
wetlands.
b. Loss of storaqe or conveyance volume resultinq from direct impacts to wetlands shall be
compensated for by providing an equal amount of storaqe or conveyance capacity on
site and within or adjacent to the impacted wetland.
c. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitiqation 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.
d. Prior to issuance of any final development order that authorizes site alteration, the
applicant shall demonstrate compliance with (a) through (c) of this policy. If a.qency
permits have not provided mitigation consistent with this policy, Collier County will
require miti.qation exceedin.q that of the jurisdictional aqencies.
e. Mitiqation requirements for sin.qle-family lots shall be determined by the State and
Federal agencies durin.q their permitting process, pursuant to the requirements of Policy
6.2.10 of this element.
(2) Mitigation Incentives:
a. Collier County shall encourage certain types of mitiqation 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.
b. Preferred mitigation activities that would qualify for these incentives include, but are not
limited, to the following:
1. Addinq wetland habitat to or restoring wetland functions within Rural Fringe Mixed
Use District Sending Lands,
2. Creatin.q, enhancinq or restorinq wading bird habitat to be located near wood stork1
and/or other wadinq bird colonies.
c. Within one (1) year of the effective date of these amendments, Collier County shall
adopt specific criteria in the LDC to implement this incentive program1 and to identify
other mitigation priorities.
Policy 6.2.8
Wetland preservation, buffer areas1 and mitigation areas shall be dedicated as conservation
and common areas in the form of deed restrictions or throuqh conservation easements and
shall be platted; and1 in the case of a Planned Unit Development (PUD), these areas shall also
be depicted on the PUD Master Plan. These areas shall be maintained free from trash and
debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.6(4) of
this element and shall not include any other activities that are detrimental to drainage1 flood
control, water conservation, erosion control or fish and wildlife habitat conservation and
preservation.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 30 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 6.2.9
The wetland functional assessment as described in Policy 6.2.4 shall be part of the County's
ElS requirements. The ElS will identify any proposed impacts to wetlands, proposed mitigation
strateqies and all buffering requirements.
Policy 6.2.10
Collier County shall rely upon federal and state wetland permitting for single-family residences
which are not part of an approved development project as follows:
(1) Such single-family residences shall be exempt from the wetland functionality assessment
requirements of Policy 6.2.4 of this element.
(2) For single-family residences within Southern Golden Gate Estates or within the Bi.q Cvpress
Area of Critical State Concern, the County shall require the appropriate federal and state
wetland-related permits before Collier County issues a building permit.
(3) Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier
(4)
County shall inform applicants for individual sin.qle-family buildinq permits that federal and
state wetland permits may be required prior to construction. The County shall also notify
the applicable federal and state aqencies of sinqle family building permits applications in
these areas.
Within one (1) year of the adoption of these amendments, Collier County shall work with
federal and state agencies to identify properties that have a hi.qh probabilities of wetlands or
listed species occurrence. The identification process will be based on Hydric soils data and
other applicable criteria. Once this identification process is complete, the County will
determine if it is sufficiently accurate to require federal and state wetland approvals prior to
issuing a building permit. The County shall use this information to inform property owners
of the potential existence of wetlands on their property.
Policy 6.2,11
The County shall provide for adequate staff to implement these provisions.
OBJECTIVE 6.3
The County shall protect and conserve submerged marine habitats.
Policy 6,3,1
The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100
feet of shoreline where impacts to sea-grass beds are less than 100 square feet. When more
than 100 square feet of sea-grass beds are impacted, then no more than 10 boat slips for every
100 feet of shoreline are allowed.
Policy 6.3.2
Impacts to sea-grass beds shall be minimized by Iocatinq boat docks more than 10 feet from
existing sea-grass beds. Where this is not possible, boat docks shall be sited to impact the
smallest areas of sea-grass beds possible, be no lower than 3.5 feet NGVD, have a terminal
platform no greater than 160 square feet, and have the access dock be no wider than 4 feet.
Policy 6.3.3
The protection of sea-grass beds shall be a factor in establishing new, or revising existing,
speed zones to regulate boat traffic.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
OBJECTIVE 6.7-4_
The County will protect, conserve and appropriately use ecological communities shared with or
tangential to State and Federal lands and other local governments.
Policy 6.;~,_1:
The County shall coordinate with adjacent counties, State and Federal agencies, other owners
of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect
unique communities located along the County's border by controlling water levels and enforcing
land development regulations with regard thereto.
Policy 6.74_1_1_2:
Continue to meet with the appropriate counties at a specified frequency to discuss upcoming
land development projects that would have an impact on ecological communities in both
Counties.
Policy 6.7-~_3:
The County shall assist to assure compliance with all State and Federal Regulations pertaining
to endangered and rare species living in such "shared" ecological systems.
OBJECTIVE 6.85:
The County shall protect natural reservations from the impact of surrounding development. For
the purpose of this Obiective and its related policies: natural reservations shall include only
Natural Resource Protection Areas (NRPAs) and designated Conservation Lands on the Future
Land Use Map; and, development shall include all projects except for permitting and
construction of single-family dwellinq units situated on individual lots or parcels.
Policy 6.85_.1:
All requests for lend development within !OOOfcct cf contiguous to natural reservations shall be
reviewed as part of the County's development review process.
Policy 6.85.2:
The following criteria """*~""'~ ~ .... ""~"" '"~';""*; ...... '~ '~'"';"~'~' "* "';" :' .... * shall apply
to development contiguous to P~-natural reservations in order to reduce negative impacts to
the natural reservations:
(1) The required open space shall be used to provide a buffer between the project and the
natural reservation. Open space allowed between the project's non-open space uses and
the boundary of the natural reservation shall include those areas of natural preserves,
natural or man-made lakes, golf courses, recreational areas, required yard set-back areas,
and other natural or man-made open space requirements. Existing agricultural operations
shall be allowed within the open space requirements with additional agricultural clearinq
allowed subject to best mana.qement practices, consistent with the provisions of the Right to
Farm Act.
a. The following open space uses are considered acceptable uses contiguous to the
natural reservation boundary:
(1) preservation areas;
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Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(2) qolf course rou.qhs maintained in a natural state;
(3) stormwater management areas;
(4) pervious nature trails and hikinq trails limited to use by nonmotorized vehicles.
The uses in paragraph a above are encouraqed to be located as to provide a buffer
between the natural reservation and more intensive open space uses, including
playgrounds, tennis courts, .qolf courses (excluding rou.qhs maintained in a natural
state), and other recreational uses and yards for individual lots or parcels, or open
space uses that are impervious in nature. In no case however shall these more
intensive open space uses be located closer than 300 feet to the~boundary of the natural
reservation.
In addition, where woodstork (M¥cteria americana) rookeries, bald ea.qle (Haliaeetus
/eucocephalus) nests, and wadinq bird roosts are found in the adjacent natural
reservation, the open spaces identified in sub-sections 1.a.(1) through (3) are
considered acceptable for placement within a buffer as specified below:
(1) Woodstork (M¥cteria americana) rookeries, bald ea.qle (Haliaeetus leucocephalus)
nests - 1,500 feet;
(2) Wading bird roost - 300 feet;
(3) These buffer distances shall only apply to the identified entity within the natural
reservations.
(4) These requirements shall be modified on a case by case basis, if such modifications
are based upon the review and recommendations from the USFWS and the
Co
FFWCC. Any such chan.qes shall be deemed consistent with the Growth
Management Plan.
d. Existing native veqetation that is located contiguous to the natural reservation shall be
preserved as part of the preservation requirements specified in Policy 6.1.1 and Policy
6.1.2 of this element.
e. Where wildlife corridors exist for listed species, provision shall be made to
accommodate the movement of the listed species through the proiect to the natural
reservation. The County shall consider the recommendations from the USFWS and the
FFWCC in the delineation of the corridors. Appropriate accommodations include:
(1) Use of fences, walls or other obstructions to encourage wildlife to use natural
corridors or to separate wildlife corridors from areas of human activity,
(2) Location of roads away from identified corridors;
(3) Use of appropriate roadway crossin.qs and si.qna.qe where it is unavoidable for
roadways to cross wildlife trails;
(4) Any other techniques recommended by the USFWS and the FFWCC.
f. Outside of this open space buffer, other permitted uses shall be located in such a
manner as to place the most intensive land uses the furthest distance from the natural
reservation.
.Cl. The County shall consider the recommendations by the USFWS and the FFWCC when
considering the placement of open space next to natural reservations and setback
distances from listed species as noted above. Any such chanqes shall be deemed
consistent with the Growth Management Plan.
(2) The wildlife protection criteria of Policy 7.1.1 shall also apply.
(3) Stormwater manaqement systems discharging directly to the natural reservation shall meet
the Outstandin.q Florida Water criteria of one-half inch of dry retention or retention
pretreatment as specified in Section 5.2.2(b), of the SFWMD's Basis of Review for
Environmental Resource Permit Applications within the South Florida Water Manaqement
District, August 2000.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(4) Proposed development shall demonstrate that ground water table drawdowns or diversions
will not adversely impact the natural reservation. Detention and control elevations shall be
set to protect the natural reservation and be consistent with surrounding land and project
control elevations and water tables. In order to meet these requirements, proiects shall be
designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review.
Underline and S.~ket~=~r~s reflect proposed changes to the current Growth Management Plan.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 7:
THE COUNTY SHALL PROTECT AND CONSERVE ITS
WILDLIFE.
FISHERIES AND
OBJECTIVE 7.1
The County shall direct incompatible land uses away from listed animal species and their
habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study
Area and may be modified as future Growth Manaqement Plan amendments are proposed
durinq the completion of the Collier County Rural and Aqricultural Assessment, as allowed by
the Administration Commission's Final Order AC-99-002 dated June 22, 1999.
Policy 7.1.1
Incompatible land uses are directed away from listed species and their habitats by the following
mechanisms:
(1) Conservation Designation on the Future Land Use Map
The overall purpose of the Conservation Desiqnation is to conserve and maintain the
natural resources of Collier County and their associated environmental, recreational and
economic benefits. These areas have been demonstrated to have hi,qh wildlife value. The
allowed land uses specified in the FLUE's Conservation Desiqnation will accommodate
limited residential development and future non-residential development. These limitations
help direct many incompatible land uses away from listed species and their habitats
contained in this Future Land Use Designation. (Reference FLUE: Future Land Use
Des~qnation, Description Section.)
(2) Biq Cypress Area of Critical State Concern Overlay (ACSC)
The land development requlations contained in the ACSC Overlay district provide standards
that facilitate the .qoal of directin,q incompatible land uses away from listed species and their
habitats. (Reference FLUE: Future Land Use Des~qnation, Description Section.)
(3) Natural Resource Protection Areas (NRPAs)
The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal
agencies' efforts to protect endanqered or potentially endangered species and their habitats
(Reference CCME: Obiective 1.3). These areas describe lar,qe, intact and relatively
unfra,qmented habitats important for many listed species. Allowable land uses within
NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements.) The
NRPA Overlay is intended to direct incompatible land uses away from listed species and
their habitats.
(4) Sending Lands (Transfer of Development Ri,qhts):
Sendin,q Lands are those lands that have a hiqh de.qree of environmental value and
sensitivity and generally include wetlands1 uplands, and habitat for listed species. Due to
their hi.qh environmental value, Sending Lands are tar.qeted for preservation and
conservation either throu.qh acquisition or throuqh incentives for private property owners.
Privately owned lands within the Rural Frinqe Mixed Use District that have a Natural
Resource Protection Area (NRPA) Overlay are considered to be Sendin,q Lands. Allowable
land uses within Sendin.q Lands are specified in the FLUE: Future Land Use Desi,qnation,
Description Section1 B. Rural Frin.qe Mixed Use District. These limitations help direct many
incompatible land uses away from listed species and their habitats.
(5) All other policies supportinq Objective 7.1 of this element.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 7.1.2
Non-agricultural development, excluding individual single family residences, shall be directed
away from listed species and their habitats by complyinq with the following guidelines and
standards:
(1) A wildlife survey shall be required for all parcels when listed species are known to inhabit
bioloqical 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) quidelines. 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 proiects where the wildlife survey indicated listed species are
utilizing the site, or the site is capable of supporting wildlife. These plans shall describe how
the project directs incompatible land uses away from listed species and their habitats.
(a) Mana.qement plans shall incorporate proper techniques to protect listed species and
their habitat from the neqative impacts of proposed development. Developments shall
be clustered to discourage impacts to listed species habitats. Open space and
veqetation 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 encouraqe wildlife to use wildlife corridors.
Appropriate roadway crossings and si.qnage shall be used where roads must cross
wildlife corridors
1. The followinq references shall be used, as appropriate, to prepare the required
management plans;
a. South Florida Multi-Species Recoven/Plan, USFWS, 1999.
b. Habitat Management Guidelines for the Bald Eaqle in the Southeast Region,
USFWS, 1987.
c. Ecoloqy and Habitat Protection Needs of Gopher Tortoise (Gopherus
polyphernus) Populations found on Lands Slated for Larqe Scale Development in
Florida, Technical Report No. 4, Florida Game and Fresh Water Fish
Commission, 1987.
d. Ecology and Development-Related Habitat Requirements of the Florida Scrub
Jay (Aphelocorna coerulescens), Technical Report No. 8, Florida Game and
Fresh Water Fish Commission, 1991.
2. The County shall consider any other techniques recommended by the USFWS and
the FFWCC, subiect to the provisions of Policy 7.1.2(3) of this element.
3. When listed species are directly observed on site or indicated by evidence, such as
denning, foraqin.q 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 Policies 6.1.1 and 6.1.2 of this element. The County shall also consider
the recommendations of other agencies, subject to the provisions of Policy 7.1.2(3).
(b) In order to protect the West Indian Manatee (Trichechus manatus) and its habitat, a
marina siting ratin.q system based on water depth, native marine habitat and manatee
abundance shall be used to limit new or expanded wet-slip densities to no more than 18
boat slips per 100 feet of shoreline for all multi-slip docking facilities with ten (10) slips or
more, and for all marina facilities. All multi-slip dockinq facilities with ten slips or more,
and all marina facilities, shall adopt and implement a Manatee Awareness and
Protection Plan to include an Education and Public awareness program and the posting
and maintaining of Manatee awareness signs. These requirements shall be consistent
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Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(c)
(d)
(e)
with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the
provisions of Policy 7.1.2(3) of this element.
In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest
along Collier County beaches, projects within 300 feet of the MHW line shall limit
outdoor lighting to that necessary for security and safety. Floodlights and landscape or
accent lighting shall be prohibited. These requirements shall be consistent with the
UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions
of Policy 7.1.2(3).
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.
Habitat preservation for the Florida scrub iay (Aphelocoma coerulescens) shall conform
to the quidelines contained in Technical Report No. 8, Florida Game and Fresh Water
Fish Commission, 1991. The required manaqement 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
(f)
scrub vegetation. These requirements shall be consistent with the UFWS South Florida
Multi-Species Recovery Plan, May 1999, subiect to the provisions of Policy 7.1.2(3) of
this element.
For the bald eagle (Haliaeetus leucocephalus), the required habitat manaqement plans
shall establish protective zones around the eaqle nest restricting certain activities. The
plans shall also address restricting certain types of activities during the nestinq season.
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) of this element.
(g)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
(h)
impacts to foraging habitat. Where adverse effects can not be avoided, measures shall
be taken to minimize on-site disturbance and compensate or mitiqate 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 Policy 7.1.2(3) of this
element.
In areas where the Florida black bear (Ursus americanus floridanus) may be present,
the manaqement 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 beam and
(i)
humans.
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 coq/I) 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 Iow intensity land uses (e.g., parks, passive recreational areas, golf courses).
Golf courses within the Rural Fringe Mixed Use District shall be designed and mana.qed
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
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the
provisions of Policy 7.1.2(3} of this element.
(j) The Management Plans shall contain a monitoring program for developments greater
than 10 acres.
The County may consider and utilize recommendations and letters of technical assistance
from the Florida Fish and Wildlife Conservation Commission and recommendations from the
(4)
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
chanqe the requirements contained within these wildlife protection policies and any such
change shall be deemed consistent with the Growth Management Plan.
All developments shall comply with all applicable federal and state permitting requirements
dealing with listed species protection.
OBJECTIVE 7.2
Historical data from 1990-1996 shows that the average number of manatee deaths in Collier
County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats.
t~z' ,-.I..~,-,..*;.,,-. '-.. ~,-,
yea,,~ave.~.. Through Policies 7.2.1 through 7.2.4, the County's objective is to minimize the
number of manatee deaths due to boat related incidents.
Policy 7.2.1:
G-''~*''''*,v_,w, ~.~,,,,,,,-,""*""*:"~ *~'"'"*",,,,~-,~. The County shall apply the marina siting, criteria contained in Policy
7.1.2 (2)(c) of this element in order to direct increased boat traffic away from sensitive manatee
habitats.
Policy 7.2.2:
· -,~,,,-,, *~, ..... *--"* *~'-"~* *" ;"" ..... ~ m3nctccs ;s ~'"'~' bc:ts. Sea-,qrass beds shall be
protected throuqh the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element.
Policy 7.2.3:
In order to protect manatees, marinas shall be discouraged in designated manatee critical
habitat unless other protective measures are provided. (Reference Policy 11.1.5).The County
shall maintain the manatee protection speed zones that were adopted in the Collier County
Manatee Protection Plan and make revisions as needed.
The County ;vii! shall continue to work with appropriate State and Federal agencies to identify
areas where the use of propeller driven boats may be restricted or prohibited, or where speed
zones may need to be restricted or changed.
Underline and Str!k=thrc,_'Ghs reflect proposed changes to the current Growth Management Plan.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Underline and ~ reflect proposed changes to the current Growth Management Plan.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
OBJECTIVE 7.3
Historical data from 1996-1999 shows that the avera,qe number of sea turtle disorientations is
5% of total nests. Throu.qh the followin.q policies, the County's objective is to minimize the
number of sea turtle disorientations.
Policy 7.3.1,
The County shall apply the li,qhting criteria contained in Policy 7.1.2(2)~c) of this element in
order to protect sea turtle hatchlin.qs from adverse li.qhtinq conditions.
Policy 7.3.2:
County staff shall conduct re.qular inspections to ensure coastal properties comply with proper
li.qhtinq conditions and with applicable prohibitions of overni,qht stora,qe of furniture and other
equipment durin.q sea turtle season (May I throu.qh October 30).
Policy 7.3.3:
The County shall update the public awareness materials desi,qned to inform coastal residents
and visitors how they can protect sea turtles.
OBJECTIVE 7.:t4_
The County shall continue to improve marine fisheries productivity by building additional
artificial reefs.
Policy 7.-1-4_.1:
The County should continue to apply for reef construction grants and annually place more
materials on the existing permitted sites.
Policy 7.-14_.2:
The County will coordinate its activities with the Florida Department
Protection, the Marine Extension Office and other appropriate agencies.
of Environmental
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 8: THE COUNTY
QUALITY.
SHALL
MAINTAIN COLLIER COUNTY'S EXISTING AIR
OBJECTIVE 8.1:
All activities in the County shall
standards.
comply with all applicable federal and State air quality
Policy 8.1.1:
The County will rely on the Florida Department of Environmental Protection, the Florida Division
of Forestry or the local fire departments as appropriate under their jurisdiction to permit and
visually inspect the permitted air pollutant sources in the County.
Policy 8.1.2:
The fire departments and the County will receive complaints concerning air pollution problems
and refer them to the Florida Department of Environmental Regulation, Florida Division of
Forestry, or the local fire departments as appropriate.
Policy 8.1.3:
The local fire departments, Florida Department of Environmental Protection, and the Florida
Division of Forestry will investigate and act on complaints that are called in or referred to them.
Policy 8.1.4:
Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking
vehicles and either warn or ticket the operator for the offense, and by the policy of the County to
require bike paths or sidewalks on new subdivisions and major County roadways and
improvements.
Policy 8.1.5:
By January 1, 2000, the County shall investigate the need for a more comprehensive local air
quality monitoring program.
Underline and Stdkcthrc'~ghs reflect proposed changes to the current Growth Management Plan.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 9:
THE COUNTY SHALL 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:
The County shall implement and update biennially a hazardous materials emergency response
element as part of its Comprehensive Emergency Management Plan.
Policy 9.1.1:
The plan shall be developed in cooperation with the Southwest Florida Regional Planning
Council and the local planning committee established underTitle II1.
Policy 9.1.2:
The plan shall identify a community coordinator, facility coordinators, and other Federal, State
and local agency contacts (especially the City of Naples) including the responsibilities and
duties of each agency.
Policy 9.1.3:
The plan shall identify emergency notification procedures and lines of communication among
reacting agencies.
Policy 9.1.4:
The plan shall provide a description of community and industry emergency equipment and
facilities and the identity of persons responsible for them.
Policy 9.1.5:
The plan shall address hazardous substances, transportation routes, location of significant
hazardous materials, probable affected areas in the event of a release, and emergency
evacuation plans.
Policy 9.1.6:
A training program shall be developed for emergency response personnel.
Policy 9.1.7:
The Collier County Emergency Management Department shall be responsible for developing,
implementing, and evaluating the effectiveness of the plan, including periodic updates.
OBJECTIVE 9.2:
The County shall verify the management and disposal practices of identified businesses that
are potential generators of hazardous waste, at a rate of 20% of these businesses per year.
Policy 9.2.1:
During the verification visits the County shall advise businesses on proper management and
disposal of hazardous wastes and shall encourage the reduction of hazardous waste through
recycling.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(i)
(i)
(I)
Policy 9.2.2:
The verification visits shall concentrate on businesses generating waste oil and spent solvents
and other hazardous waste in areas close to potable wellfields.
OBJECTIVE 9.3:
The Collier County Solid Waste Department
collection day at least once per year.
shall continue to hold its hazardous waste
Policy 9.3.1:
The hazardous waste collection day shall
businesses to participate to some extent.
target residential households
but also allow small
OBJECTIVE 9.4:
The County shall continue to implement its_local storage tank compliance program.
Policy 9.4.1:
The County shall implement provisions of the contract with the Department of Environmental
Protection under the Super Act provisions in order to avoid any duplication of effort.
Policy 9.4.2:
The County shall concentrate on storage tank installation, inspection, and contractor
certification and oversight of maintenance and monitoring of petroleum contamination sites.
Policy 9.4.3:
Unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to
containment provisions required in 62-761, F.^.C., as it existed on August 31, 1999.
(I) OBJECTIVE 9.5 and Policy 9.5.1 [deleted]
Underline and ~ reflect proposed changes to the current Growth Management Plan.
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Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 10:
THE COUNTY SHALL PROTECT, CONSERVE, MANAGE, AND
APPROPRIATELY USE ITS 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:
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.
Policy 10.1.1:
Priorities for water-dependent uses shall be:
a. Public Boat Ramps;
b. Marinas;
1. commercial (public) marinas over private marinas;
2. storage over wet storage;
c. Commercial fishing facilities;
d. Other non-polluting water-dependent industries or utilities.
Policy 10.1.2:
No deep water ports shall be allowed.
Policy 10.1.3:
Priorities for water-related uses shall be:
a. Recreational facilities
b. Marine supply/repair facility
c. Residential development
Policy 10.1.4:
The following priority ranking for siting of shoreline development and the resultant destruction or
disturbance of native vegetative communities for water dependent/water related land uses shall
apply:
a.
b.
C.
d.
e.
f.
g.
areas presently developed,
disturbed uplands,
disturbed freshwater wetlands,
disturbed marine wetlands,
viable, unaltered uplands,
viable, unaltered freshwater wetlands,
viable, unaltered marine wetlands.
Policy 10.1.5:
In order to protect manatees, marinas shall be discouraged in designated manatee critical
habitat unless other protective measures are provided. (Reference Policy 7.2.3.)
Underline and Strikcthrc'--'.~hs reflect proposed changes to the current Growth Management Plan.
Page- 44 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 10.1.6:
New marinas shall conform to the following criteria:
a. Marinas must provide vehicular parking and sewage pump-out facilities;
Fueling facilities shall be designed to contain spills from on-land equipment and
shall be prepared to contain spills in the water.
Marina facilities must be accessible to all public services essential to ensure their
safe operation.
Marinas and multi-slip docking facilities shall prepare hurricane plans for approval
which describe measures to be taken to minimize damage to marina sites and
neighboring properties and the environment; this hurricane plan shall be reviewed
and approved by the County.
e. Dry storage should be encouraged over wet storage.
Policy 10.1.7:
Marinas and other water-dependent and water-related uses shall conform to other applicable
policies regarding development in marine wetlands. Marinas that propose to destroy wetlands
shall provide for use by the general public.
Policy 10.1.8:
All new marinas that propose to destroy viable naturally functioning marine wetlands shall
demonstrate the economic need and feasibility for such development.
Policy 10.1.9:
These policies shall serve as criteria
designated lands.
for the
review of proposed development in "ST"
OBJECTIVE 10.2:
The County shall continue to insure that access to beaches, shores and waterways remain
available to the public and continue with its program to expand the availability of such access
and a method to fund its acquisition.
Policy 10.2.1:
Existing access for the public to the beach shall be maintained by new development. New
beachfront development shall show on their site-plans existing beach access ways and the
proposed development shall continue that access way, relocate it on the site, or donate it to the
County.
Policy 10.2.2:
Evaluate appropriate public access intervals for renourished beaches considering the demand
for recreation and the ability of the natural system to support the demand. If existing access is
not sufficient, then the County shall acquire additional access points as a part of the
renourishment project.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page- 45 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 10.2.3:
A credit towards any developed recreation and open space impact fee shall be given for
developments, which provide public access facilities.
Policy 10.2.4:
All public access facilities shall include parking facilities and roadway access.
Policy 10.2.5:
The County shall accept donations of shoreline lands suitable for use as public access facilities.
Policy 10.2.6:
The County shall coordinate with State and Federal agencies regarding use of and access to
Federal and State owned properties in the Coastal Zone for public use.
OBJECTIVE 10.3:
Undeveloped coastal barriers shall be maintained predominantly in their natural state and their
natural function shall be protected, maintained and enhanced.
Policy 10.3.1:
"Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines
based on the amount of structures per acre of fastlands and for which no development approval
or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland
area as defined in the Federal Guidelines.
Policy 10.3.2:
Any development activities on an undeveloped coastal barrier must be compatible with
protection of the natural form and function of the coastal barrier system.
Policy 10.3.3:
The highest and best use of undeveloped coastal barriers are as functioning natural systems;
therefore the first alternative to development should be consideration of acquisition by or for the
public benefit to preserve the natural function.
Policy 10.3.4:
Public expenditure shall be limited to property acquisition and for public safety, education,
restoration, exotic removal, recreation and research facilities that will not substantially alter the
natural characteristics and the natural function of the undeveloped coastal barrier system.
Policy 10.3.5:
Native or other County approved vegetation shall be required as the stabilizing medium in any
coastal barrier vegetation or restoration program.
Policy 10.3.6:
Prohibit construction of structures seaward of the Coastal Construction Control Line on
undeveloped coastal barriers. Exception shall be for passive recreational structures access
crossovers, and where enforcement would not allow any reasonable economic utilization of
Underline and Str!~:thrcu~hs reflect proposed changes to the current Growth Management Plan.
Page- 46 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
such property. In the latter event, require construction that minimizes interference with natural
function of such coastal barrier system.
Policy 10.3.7:
Participate in and encourage Regional and State programs to acquire naturally functioning,
undeveloped coastal barrier systems to insure the preservation of their natural function.
Policy 10.3.8:
Development density on undeveloped coastal barrier systems shall not exceed the lowest
density provided in the Future Land Use Element.
Policy 10.3.9:
Native vegetation on undeveloped coastal barriers should be preserved. To the extent that
native vegetation is lost during land development activities and the remaining native vegetation
can be supplemented without damaging or degrading its natural function, any native vegetation
lost during construction shall be replaced by supplementing with compatible native vegetation
on site. All exotic vegetation shall be removed and replaced with native vegetation where
appropriate.
Policy 10.3.10:
No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on
undeveloped barrier systems.
Policy 10.3.11:
Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on
undeveloped coastal barriers except in the interest of public safety or of land use related
hardship.
Policy 10.3.12:
Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance
for new developments or redevelopment's proposed to take place within areas identified as
Coastal Barrier system with the exception of one single family dwelling unit on a single parcel.
Policy 10.3.13:
These policies shall be implemented through the existing "ST" zoning procedures.
Policy 10.3.14:
Substantial alteration of the natural grade on undeveloped coastal barriers by filling or
excavation shall be prohibited except as a part of an approved dune and/or beach restoration
program, or as part of a DER approved wastewater treatment system or as part of an approved
public development plan.
Policy 10.3.15:
Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies
related to coastal barrier systems.
OBJECTIVE 10.4:
Underline and Str!,U. cthrc'-?,hs reflect proposed changes to the current Growth Management Plan.
Page- 47 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Developed coastal barriers and developed shorelines shall be continued to be restored and
then maintained, when appropriate by establishing mechanisms or projects which limit the
effects of development and which help in the restoration of the natural functions of coastal
barriers and affected beaches and dunes.
Policy 10.4.1:
Promote environmentally acceptable and economically feasible restoration of the developed
coastal barriers and the urban beach and dune systems.
Policy 10.4.2:
Prohibit further shore hardening projects except where necessary to protect existing structures,
considering the total beach system and adjacent properties.
Policy 10.4.3:
Prohibit activities which would result in man induced shoreline erosion beyond the natural beach
erosion cycle or that would deteriorate the beach and dune system.
Policy 10.4.4:
Require dune stabilization and restoration improvements in land development projects along
beach areas.
Policy 10.4.5:
Initiate and support beach and dune restoration and preservation programs where appropriate.
Policy 10.4.6:
Require native vegetation as landscaping in development activities in developed coastal barrier
systems and on the beach and dune systems.
Policy 10.4.7:
Prohibit construction seaward of the Coastal Construction Control Line except where the same
would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of
1985 or where said prohibition would result in no reasonable economic utilization of the property
in questions, or for safety reasons. In such cases, construction will be as far landward as is
practicable and effects shall be minimized on the beach and dune system and the natural
functions of the coastal barrier system.
Policy 10.4.8:
Construction seaward of the Coastal Construction Control Line will be allowed for public access
and protection and restoration of beach resources. Construction seaward of the Coastal
Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation
for dune stabilization, will maintain the natural beach profile, will minimize interference with
natural beach dynamics, and where appropriate will restore the historical dunes and will
vegetate with native vegetation.
Policy 10.4.9:
Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of
hardship.
Underline and Str!~cthrcughs reflect proposed changes to the current Growth Management Plan.
Page- 48 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 10.4.10:
Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for
emergency and approved maintenance purposes. The County shall enforce this requirement
with the existing Vehicle On The Beach Ordinance.
Policy 10.4.11:
Develop tax incentives and other land use incentives to encourage additional access or parking
areas to provide utilization of the high capacity urban beaches.
Policy 10.4.12:
In permitting the repair and/or reconstruction of shore parallel
structures, require, where appropriate, at a minimum:
a. All damaged seawalls will be replaced with, or fronted by,
b. Where appropriate, repaired structures will be redesigned
engineered stabilization
Policy 10.4.13:
Development and
sea level.
redevelopment proposals shall consider the implications of potential rise in
OBJECTIVE 10.5:
For undeveloped shorelines, provide improved opportunities for recreational, educational,
scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by
utilizing or where necessary establishing construction standards, which will minimize the impact
of manmade structures on the beach and dune systems.
Policy 10.5.1:
Recreation that is compatible with the natural functions of beaches and dunes is the highest
and best land use.
Policy 10.5.2:
Prioritize acquisition efforts in order to meet the projected need for additional public beaches.
Policy 10.5.3:
Prohibit activities which would result in man induced shoreline erosion beyond the natural beach
erosion cycle or that would deteriorate the beach dune system.
Policy 10.5.4:
Prohibit construction of any structure seaward of the Coastal Construction Control Line.
Exception shall be for passive recreational structures access crossovers, and where
enforcement would not allow any reasonable economic utilization of such property. In the latter
event, require construction that minimizes interference with natural function of such beaches
and dunes.
Policy 10.5.5:
Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance
purposes. The County shall enforce this requirement with the existing Vehicle On The Beach
Ordinance.
Underline and S~-a~threu~ reflect proposed changes to the current Growth Management Plan.
Page- 49 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(i)
(I)
Policy 10.5.6:
Regulate activities so that they will not threaten the stability of the dunes or the beach itself.
Policy 10.5.7:
Pursue the acquisition of undeveloped beaches and dunes as the first alternative to
development.
Policy 10.5.8:
Prohibit shoreline armoring processes and encourage non-structural methods for stabilizing
beaches and dunes.
Policy 10.5.9:
Prohibit construction seaward of the Coastal Construction Control Line except as follows:
a. Construction will be allowed for public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or safety concerns as specified in
The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring
allowed except in cases of public safety.
Policy 10.5.10:
Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace
any native vegetation on the site, and shall maintain the natural beach profile and minimize
interference with the natural beach dynamics and function.
Policy 10.5.11:
The County will waive all other non-safety related setback requirements and site planning
requirements before allowing construction seaward of the Coastal Construction Control Line.
Policy 10.5.12:
For all beach front land development related projects require dune stabilization and restoration
improvements, the removal of exotic vegetation, and replacement with native vegetation, as
appropriate.
OBJECTIVE 10.6:
The County shall conserve the habitats, species, natural shoreline and dune systems contained
within the County's coastal zone.
Policy 10.6.1:
In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5,
development within the County's coastal zone shall also meet the following criteria:
1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres:
a. Wiggins Pass Unit FL-65P,
b. Clam Pass Unit FI-64P,
c. Keywaydin Island Unit P-16,
d. Tigertail Unit FI-63-P,
e. Cape Romano Unit P-15.
2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed
pristine habitats (Reference Policy 10.1.4).
Underline and .~ketb~ reflect proposed changes to the current Growth Management Plan.
Page - 50 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Beachfront developments shall restore dune vegetation.
Projects on coastal barriers shall be landscaped with native Southern Floridian species.
Boathouses, boat shelters and dock facilities shall be located and aligned to stay at least 10
feet from any existing seagrass beds except where a continuous bed of seagrass exists off
of the shore of the property, in which case facility heights shall be at least 3.5 feet NVGD,
terminal platforms shall be less than 160 square feet and access docks shall not exceed a
width of four (4) feet.
(i)
(I)
(I)
Policy 10.6.2:
The requirements of Policy 10.6.1 identifies the guidelines and performance standards for the
undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine
NRPA (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME
Policy 1.3.2.
Policy 10.6.3:
For shoreline development projects where an ElS is required, an analysis shall demonstrate
that the project will remain fully functional for its intended use after a six-inch rise in sea level.
Policy 10.6.3:
Collier County supports federal and state agency efforts to deny permits and establish a
permanent moratorium on the offshore oil and gas exploration and drilling along the west coast
of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any
offshore oil and gas exploration and drilling projects in this sensitive area.
Underline and ";~"~+~ .....
St ........... =,,. reflect proposed changes to the current Growth Management Plan.
Page- 51 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 11:
THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION,
AND SENSITIVE RE-USE OF HISTORIC RESOURCES.
OBJECTIVE 11.1:
To protect historic and archaeological resources in Collier County.
Policy 11.1.1:
Continue in effect regulations regarding development and other land alteration activities that
ensure the conservation, sensitive re-use, preservation of significant historic and archaeological
resources, or appropriate mitigation in accordance with State standards.
Policy 11.1.2:
There shall be no loss of historic or archaeological resources on County-owned property and
historic resources on private property shall be protected, preserved or utilized in a manner that
will allow their continued existence. Conservation techniques shall include at a minimum:
a. During the development permit review process, historic or archaeological sites shall
be identified and shown on the site plans;
The County shall establish waivers for non-safety related set back requirements and
site planning requirements in order to accommodate historic structures or historic
sites within a proposed development;
As an alternative to preserving archaeological sites, the Owner may allow excavation
of the site by the State of Florida Division of Historic Resources or the approved
alternate prior to development. Should a site be scientifically excavated, then
development may proceed without preserving the site;
d. The County shall accept donations of historic or archaeological sites;
e. Archaeological sites that are to be preserved may be utilized to satisfy required
setbacks, buffer strips or open space up to the maximum area required by
development regulations. Conservation of such historic or archaeological sites shall
qualify for any open space requirements mandated by development regulations.
Policy 11.1.3:
If, during the course of site clearing, excavation, or other constructional activities, an
archaeological or historical site, artifact, or other indicator is discovered, development activities
at that specific archaeological site shall be immediately stopped and the appropriate agency
notified. Development will be suspended for a sufficient length of time to enable the County or
a designated consultant to assess the find and determine the proper course of action in regard
to its salvageability. The County will respond to any such notification in a timely and efficient
manner so as to provide only a minimal interruption to any constructional activity.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page- 52 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
GOAL 12:
THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE
THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND
PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE.
(i)
(i)
OBJECTIVE 12.1:
The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a
maximum of 28 hours as defined by the 1996 Southwest Florida Regional Planning Council
Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours.
Activities will include on-site sheltering for mobile home developments, increased shelter space,
and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in
the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update.
Policy 12.1.1:
A comprehensive awareness program will be developed and publicized prior to May 30th of
each year. Evacuation zones and routings shall be printed in each local newspaper. This
information shall be made readily available to all hotel/motel guests.
Policy 12.1.2:
Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be
considered if such increases in densities provide appropriate mitigation to reduce the impacts of
hurricane evacuation times.
Policy 12.1.3:
The County shall continue to identify shelter space that complies with Red Cross standards for
45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of
20 square feet per person.
Policy 12.1.4:
The County shall continue to maintain requirements and standards for hurricane shelters for all
new or existing mobile home subdivisions in the process of expanding, which are 26 units or
larger in size to provide emergency shelter on-site or provide funding to enhance existing public
shelters off-site. Building will be of such a size to house park residents at the rate of 20 sq. ft
per resident. Resident size will be estimated by averaging park population during the
June-November time frame. On-site shelters shall be elevated to a minimum height equal to or
above the worst case Category 3 hurricane flooding level utilizing the current National Oceanic
and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland
Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall
be guided by the wind loads applied to buildings and structures designated as "essential
facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed with
adequate emergency electrical power and potable water supplies; shall provide adequate glass
protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities
and first-aid equipment. A telephone and battery-operated telephone is also required within the
shelter.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 53 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
(i)
(i)
(i)
(i)
Policy 12.1.5:
The directors of the Transportation and Emergency Management Departments will review, at
least annually, evacuation route road needs to assure that necessary improvements are
incorporated within the Capital Improvement and Traffic Circulation Element projects, as
indicated in Table 1 of the Appendix.
Policy 12.1.6:
The County shall update the hurricane evacuation portion of Collier County Peacetime
Emergency Plan prior to June 1st of each year by integrating all regional and State emergency
plans in the identification of emergency evacuation routes.
Policy 12.1.7:
The County's land development regulations include mitigation policies addressing flood plains,
beach and dune alteration and storm water management.
Policy 12.1.8:
Upon approval of the "Local Hazard Mitigation Strategy" by the Department of Community
Affairs Collier County will begin implementation of the Local Mitigation Projects as listed in the
Plan.
Policy 12.1.9:
Construct all new Public Safety facilities to be floodproofed and designed to meet 160 mph wind
load requirements.
Policy 12.1.10:
The County will continue to coordinate with Collier County Public Schools to ensure that all new
public schools outside of the Coastal High Hazard Area be designed and constructed to meet
the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997),
Section 5.4(15).
Policy 12.1.11:
The County will continue to work with the Board of Regents, State University System to ensure
that all new facilities in the State University System that are located outside of the Coastal High
Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State
Requirements for Educational Facilities" (1997), Section 5.4(15).
Policy 12.1.12:
The County will continue to mitigate previously identified shelter deficiencies through mitigation
from Developments of Regional Impact, Emergency Management Preparedness and
Enhancement grants and from funds identified in the annual Shelter Deficit Studies.
Policy 12.1.13:
All new nursing homes and assisted living facilities that are licensed for more than 15 clients will
have a core area to shelter residents and staff on site. The core area will be constructed to
meet the Public Shelter Design Criteria that is required for new public schools and public
community colleges and universities.
Underline and Stri?.cthrcuGhs reflect proposed changes to the current Growth Management Plan.
Page- 54 -
(i)
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Policy 12.1.14:
The County will consider establishing one-way evacuation routes on County maintained roads
for storm events that have the potential for inundating Iow-lying populated areas. The County
will coordinate with FDOT to consider one-waying State maintained roads that are primary
evacuation routes for vulnerable populations.
OBJECTIVE 12.2:
The County shall ensure that building and development activities are carried out in a manner,
which minimizes the danger to life and property from hurricanes. The public shall limit its
expenditures involving beach and dune restoration and renourishment, road repair, publicly
owned seawalls, docking and parking area. All future unimproved requests for development in
the coastal high hazard areas will be denied.
Policy 12.2.1:
The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and
updated every three (3) years beginning in 1988. The Director shall also incorporate hazard
mitigation reports from other agencies into the Peacetime Emergency Plan.
Policy 12.2.2:
The calculated needs for public facilities will be based on the adopted level of service standards
and future growth projections within the coastal high hazard area. The Future Land Use
Element limits new residential development, (thus obligation to infrastructure expenditures) to a
maximum of four dwelling units per gross acre within the coastal high hazard area. In addition,
existing zoning not vested shall be re-evaluated within three years and may change to a density
level consistent with the Future Land Use Element.
Policy 12.2.3:
The County shall participate in the National Flood Insurance Program (NFIP).
Policy 12.2.4:
The County shall maintain requirements for structural wind resistance as stated in the latest
approved edition of the Southern Standard Building Code.
Policy 12.2.5:
The County shall consider the coastal high-hazard area as that area lying within the Category 1
evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane
Evacuation Study Update.
Policy 12.2.6:
The County shall require that all new sanitary sewer facilities in the coastal high-hazard flood
area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the
maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers.
Policy 12.2.7:
The County shall continue to assess all unimproved property within the coastal high hazard
area and make recommendations on appropriate land use.
Policy 12.2.8:
Underline and Str~U, et~h~ reflect proposed changes to the current Growth Management Plan.
Page - 55 -
Collier County
Growth Management Plan
Transmittal Public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
Public facilities that are dependent on county funding shall not be built in the coastal
high-hazard area unless the facility is designed for public access or for resource restoration.
OBJECTIVE 12.3:
The County shall develop and maintain a task force that will plan and guide a unified County
response to post-hurricane disasters.
Policy 12.3.1:
The Comprehensive Emergency Management Plan shall comply with the policies under this
objective, and shall contain step-by-step details for post disaster recovery.
Policy 12.3.2:
After a hurricane that necessitated an evacuation, the Board of County Commissioners shall
meet to hear preliminary damage assessments. This will be done prior to re-entry of the
population. At that time, the Commission will activate the recovery task force and consider a
temporary moratorium on building activities not necessary for the public health, safety and
welfare.
Policy 12.3.3:
The recovery task force shall include local law enforcement authorities, the Community
Development Administrator, Public Works Administrator, Planning and Zoning Director,
Emergency Management Director and other members as directed by the Board of County
Commissioners. Representatives from municipalities receiving damage from the storm should
also be members of the recovery task force.
Policy 12.3.4:
The recovery task force shall review and decide upon emergency building permits, coordinate
with State and Federal officials to prepare disaster assistance applications, analyze and
recommend to the County Commission hazard mitigation options including reconstruction or
relocation of damaged public facilities, recommend amendments to the Comprehensive Plan,
Peacetime Emergency Plan and other appropriate policies and procedures.
Policy 12.3.5:
Immediate repair and clean-up actions needed to protect the public health and safety include
repairs to potable water, wastewater, and power facilities, debris removal, stabilization or
removal of structures that are in danger of collapsing, and minimal repairs to make dwellings
habitable. These actions shall receive first priority in permitting decisions.
Policy 12.3.6:
Structures in the coastal high-hazard area which have suffered damage to pilings, foundations,
or load-bearing walls on one or more occasion shall be required to rebuild landward of their
current location or to modify the structure to mitigate any recurrence of repeated damage.
Policy 12.3.7:
The County shall develop and adopt a Post-disaster Recovery, Reconstruction and Mitigation
Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including
abandonment, repair in place, relocations, and reconstruction with structural modifications.
This process shall consider these options in light of factors such as cost to construct, cost to
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page- 56 -
Collier County
Growth Management Plan
Transmittal public Hearing Draft (2-27-02)
Conservation and Coastal Management Element
maintain, recurring damage, impacts on land use, impacts on the environment and public
safety.
Policy 12.3.8:
Within 30 days of a hurricane resulting in disaster the County shall identify non-public structures
in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for
public access and make recommendations for acquisition during post-disaster recovery.
OBJECTIVE 12.4:
The County shall make every reasonable effort to meet the emergency preparedness
requirements of people with special needs such as the elderly, handicapped, the infirmed and
those requiring transportation from a threatened area.
Policy 12.4.1:
All new hospitals, nursing homes, and adult congregate living facilities shall prepare an
emergency preparedness plan for approval by the Emergency Management Department prior
to receiving a final development order.
Policy 12.4.2:
The County, in cooperation with other public agencies and public service groups, shall make a
reasonable effort to provide for the emergency transportation needs of people having limited
mobility that do not reside in licensed institutions serving people with special needs.
Policy 12.4.3:
The County, in cooperation with the Collier County Health Department and other public service
groups shall make a reasonable effort to provide basic medical services in selected shelters
designated as special needs shelters.
Underline and St~kethr~s reflect proposed changes to the current Growth Management Plan.
Page- 57 -
Collier County
Growth Management Plan
Transmittal Public Hearing Dra~ (2-27-02)
Conservation and Coastal Management Element
GOAL 13:
THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING
REGULATORY PROGRAMS.
OBJECTIVE 13.1:
To establish, prior to the adoption of any land development regulation to implement this
Element, including but not limited to NRPA management guidelines and watershed
management plans, a program to review such regulations and identify existing regulatory
programs exercised by regional, State, or Federal agencies with jurisdiction over the activities
sought to be regulated.
Policy 13.1.1:
There will be no unnecessary duplication of existing Regional, State, or Federal permitting
programs.
Policy 13.1.2:
The County may adopt regulations to strengthen existing permitting programs.
Policy 13.1.3:
Prior to adopting any new regulations to implement this Element, the following guidelines shall
be met:
a. It fulfills an important need not presently adequately met by existing Regional,
State, or Federal regulation.
b. The regulation can be effectively and efficiently administered by authorized
increases to County staff.
c. The cost to the County of implementing the regulation shall have been identified
and considered.
Underline and ~ reflect proposed changes to the current Growth Management Plan.
Page - 58 -
SANITARY SEWER SUB-ELEMENT
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Sanitary Sewer Sub-Element
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Adopted October, 1997
AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Sanitary Sewer Sub-Element
Symbo! DATE AMENDED
** October 28, 1997
ORDINANCE NO.
Ordinance No. 97-58
This is the EAR-based amendment. Due to the magnitude of the changes - which included
reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not
assigned.
Indicates adopted portions
Note: the support document will be updated as current information becomes available.
V. GOALS~OBJECTIVES AND POLICIES
GOAL I:
TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING
ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND
IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES
OBJECTIVE 1.1:
The County will implement the following policies to make certain that public and private sector
sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment
and disposal facilities to correct existing deficiencies in their respective service areas, as may be
required to meet or exceed the Level of Service Standards established in this Plan. In addition,
public sector sanitary sewer service utilities will be expanded as necessary to provide for future
growth.
Policy 1.1.1:
Continue the development of the Collier County Regional Sanitary Sewer System consistent with
the Capital Improvements element to provide for future growth.
Policy 1.1.2: '
Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of
central sanitary sewer service by the County is limited to the service areas shown in this Plan and to
areas where the County has legal commitments to provide facilities and services as of the date of
adoption of this Plan.
Policy 1.1.3:
By the time mandated for the adoption of land development regulations pursuant to Chapter
163.3202, F.S., including any amendments thereto, the County will establish and implement a
program requiring that private sector sanitary sewer service utilities establish and file with the Collier
County Utilities Division an annual statement, of their policy and service criteria, including level of
service provided, consistent with the goals, objectives and policies of this Plan, for the expansion
and/or replacement of their facilities to correct existing deficiencies and provide for future growth
within their respective service areas. Also, County Ordinance 80-112 requires and new
development connecting to private STP submit capacity availability information with building permit
applications.
Policy 1.1.4:
Permit development of package sewage treatment plant systems only within the Designated Urban
Area of the Plan in areas where County wastewater service is not currently available, and allow only
on an interim basis until County service is available. Allow individual septic systems within the
County only when connection to an existing central system is not readily accessible to render
service and note that where septic systems are allowed, and future County sewer service becomes
available, said septic systems will be required to connect to the County regional system.
Policy '1.1.5:
Continue enforcement of ordinances requiring connection of existing and new development to
central sanitary sewer systems when they become available. Connections to a central system shall
be made pursuant to Collier County Ordinance 88-4.
SS- 1
Policy 1.1.6:
The County will give planning and budgetary priority to regional sanitary sewer system projects
which will provide the means for phase out and connection of existing package sewage treatment
plants and areas of high concentrations of septic tanks where such facilities may reasonably be
expected to adversely affect public health and safety or the environment.
Policy 1.1.7:
Where Community Development Districts, or similar special districts are established to provide a
tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier
County Water-Sewer District, sewer service will be connected to the regional system, and all
facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for
operation and ownership in accordance with Collier County Ordinance 88-76; the Utilities Standards
and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District
construction and operating policies.
OBJECTIVE 1.2:
By the time mandated for the adoption of land development regulations pursuant to Chapter
163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the
time a development order is issued, sanitary sewer facility capacity that meets or exceeds the
minimum Level of Service Standards established herein is available or will be available to serve the
development under the guidelines established for concurrency in the Capital 'Improvement Element
of this Plan.
Policy 1.2.1:
The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis
for determining the availability of facility capacity and the demand generated by a development:
[Note: The County Standard of 100 gpcd (gallons per capita per day) plus the 21% non-
residential adjustment factor discussed in Section Ill is presented below as 121 gpcd (100 x
1.21 = 121) for simplicity.] LEVEL OF SERVICE
FACILITY/SERVICE AREA STANDARD
Collier County Facilities
North Sewer Service Area
Central Sewer Service Area
South Sewer Service Area
Marco Sewer Service Area
121 gpcd
121 gpcd
121 gpcd
121 gpcd
City of Naples Facilities
Unincorporated Service Area
121 gpcd
Everglades City Facilities
Unincorporated Service Area
121 gpcd
Independent Districts/Private Sector Systems
The standards hereby adopted are the following sewage flow design standards (Source: Chapter
10D-6, Florida Administrative Code) unless otherwise approved by the Board of County
Commissioners to address economic, social and construction method variations between individual
systems. GALLONS PER
TYPE OF
ESTABLISHMENT DAY (GPD)
SS- 2
Commercial
Airports
a. Per passenger
b. add per employee
Barber and Beauty Shops (per chair)
Bowling Alleys (toilet wastes only per lane)
Country Club
a. per resident member
b. per member present
c. per employee
Dentist Offices
a. perwet chair
b. per non-wet chair
Doctors Offices (per doctor)
Factories, exclusive of industrial wastes
(gallons per person per shift)
a. no showers provided
b. showers provided
Food Service Operations
a. ordinary restaurant (per seat)
b. 24 hour restaurant (per seat)
c. single service articles only (per person)
cl.. bar and cocktail lounge (per person)
e. drive-in restaurant (per car space)
£. carry out only
1. per 100 square feet of floor space
2. add per employee
Hotels and Motels
a. Regular (per room)
b. Resort hotels, camps, cottages (per person)
c. add for establishments with self service
laundry facilities (per machine)
Office Building (per worker)
Service Stations (per bay)
Shopping Centers without food or laundry (per square
foot of floor space)
Stadiums, Race Tracks, Ball Parks (per seat)
TYPE OF
ESTABLISHMENT
Stores (without food service)
a. private toilets, for employees only (per employee)
SS- 3
100
35
5
2O
100
100
25
2O
2OO
5O
25O
20
5O
75
25
30
5O
50
20
100
75
40O
2O
5OO
0.1
GALLONS PER
DAY (GPO)
20
public toilets (per square foot of floor space) 0.1
Theaters
a.
Indoor, auditoriums (per seat)
Outdoor, drive-ins (per space)
TrailedMobile Home Park (per trailer space)
Travel Trailer/Recreational Vehicle Park
a. Travel trailer (overnight), without water and
sewer hook-up (per trailer space)
b. add for water and sewer hook-up (per trailer
space)
Swimming and bathing facilities (per person)
Institutional
Churches (per seat)
Hospitals (per bed)
Nursing, rest homes (per person)
Parks, public picnic
a. with toilets only (per person)
b. with bathhouse,showers and toilets (per person)
Public institutions other than schools and hospitals
(per person)
Schools (per student)
a. day type
b. add forshowers
c. add for cafeteria
ct. add for day school workers
e. boarding type
Work/Construction camps semi-permanent (per worker)
Residential
Residences
a. Single family (per bedroom)
b. apartment (per bedroom)
c. Mobile home not in a trailer park (per bedroom)
c~. Other (per occupant)
5
10
200
50
100
10
3
200
100
5
10
100
15
5
5
15
75
50
150
150
150
75
Footnotes:
1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six
percent (66%) of the total establishment wastewater flow.
SS- 4
Systems serving high volume establishments, such as fast food restaurants and service stations
located near interstate type highways, require special sizing considerations due to above
average sewage volume expected from restroom facilities.
Policy 1.2.2:
In order to ensure these LOS standards are maintained, methodologies for determining available
capacity and demand shall incorporate appropriate peak demand coefficients for each facility and
for the type of development proposed.
Policy 1.2.3:
These LOS standards are the minimum criteria for replacement, expansion or increase in capacity
of sanitary sewer treatment facilities.
Policy 1.2.4:
Annually review historical sanitary sewer demand records and adjust these LOS standards if so
indicated by said annual review.
Objective 1.3:
The County will continue to ensure utilization of environmentally sound and economically beneficial
methods for disposal of treated sludge and septage.
Policy 1.3.1:
Include sludge de-watering and stabilization facilities with all County wastewater treatment plants to
produce sludge de-watered and stabilized t° a degree suitable for use as cover material for County
landfills or to be used for any suitable manner that is permitted by law.
OBJECTIVE 1.4:
The County will continue to promote the use of treated wastewater effluent for irrigation purposes in
order to provide an environmentally sound disposal method and to conserve potable water and
groundwater supplies by developing and implementing an integrated, comprehensive strategy for
the following Policies.
Policy 1.4.1:
Negotiate agreements with area golf courses to accept and use treated wastewater effluent for
irrigation when and where same is available from existing and future wastewater plants.
Policy 1.4.2:
Connect existing and future publicly owned lands suitable for irrigation with treated wastewater
effluent, such as government building grounds, parks, and highway medians when economically
feasible and in accordance with the direction and policy of the Board of County Commissioners.
Policy 1.4.3:
Connect existing and future privately owned land suitable for irrigation with treated wastewater
effluent, such as cemeteries, nurseries and commercial/industrial parks, when economically
feasible and in accordance with the direction and policy of the Board of County Commissioners.
Policy 1.4.4:
At such time that effluent will be available, permit the construction and connection of dual water
systems to the county's effluent system (i.e., separate potable water and treated wastewater
effluent) in new subdivisions, provided that said connection causes no adverse impact to the
potable water system.
Policy 1.4.5:
SS- 5
Where Community Development Districts, or other similar special districts are established to provide
a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier
County Water-Sewer District, and where such districts make provisions for irrigation via dual
systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the
regional system when available, and all internal irrigation systems shall remain in private
ownership and master metered by the County.
OBJECTIVE 1.5:
The County will discourage urban sprawl and the proliferation of private sector sanitary sewer
service suppliers in an effort to maximize the use of existing public facilities through the
development order approval process by implementing the following policies.
Policy 1.5.1:
Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only
in the Designated Urban Area and in Receivin.q Lands located in the Rural Fringe Mixed Use
District, both of which are depicted on ef the Future Land Use Map Element cf th!s P!3~, and,
identified as the Collier County Water and Sewer District Boundaries on Map (PW-1) and the Rural
Transition Water and Sewer Map (PW-2) of the Potable Water Sub-element, and in areas where
the County has legal commitments to provide facilities and service outside the Urban Area as of the
date of adoption of this Plan.
Policy 1.5.2:
The County will discourage urban sprawl and the proliferation of private sector and/or package
sanitary sewer treatment systems through the development order approval process to insure
maximum utilization of the existing and planned public facilities. No existing, private sector or
package treatment system will be permitted to add customers unless all Levels of Service
Standards are met, and operations are in conformance with all DER permits.
Policy 1.5.3.
Under criteria may be eliqible for central sanitary sewer service from Collier County Utilities, or a
private sector/independent district, within the Receivin.q Areas identified on the Rural Transition
Water and Sewer Map (PW-2) of the Potable Water Sub-element, subiect to availability. Qualif,/in.q
criteria will be limited to the requirements and incentives established in the Future Land Use and the
Conservation and Coastal Mana.qement Elements of the Plan to obtain preservation standards
established for environmentally sensitive lands in the Sendin.q Areas of the Rural Fringe Mixed Use
District. Criteria for central sanitary sewer service eligibility may include, but are not limited to, plans
for development which utilize creative planning techniques such as clustering, density blending,
rural villa.qes, and TDRs from identified environmentally sensitive areas. Cdteria for eligibility may
be amended and additional Sendin.q and Receiving Lands may be desi.qnated in the future.
SS- 6
t~AP
SOUTH SEWER SEI:~VICE AREA-
SANITARY SEWER F'AC:ILIT1ES
Collier Coun~,,
SC~LE
0 1 MI.
~ r'XISTIHG 'TRANSIdISSION
~ SOUTH COUNTY WAS'TEWkTER I~EA~JJr~.NT PLANT
· ~AsTE~ PU~p ST~IOt~
~ ~R£AS S~RV~O BY NOm~ wwm'
MAP SS~6
MARCO SEWER SERVICE AREA-
"SANITARY SEWER FA~LITIES
Cellter County, Ftorldo
AREAS CURRENTLY SERVED BY
COUNTY OWNED/OPERATED COLLEC~Ofl
SYSTEMS (TYPK;AL)-TREA1tJENT PRODDED
BY SOUTHERN STATES UTIUTIES, INC. PLANT
SEWA~3[
C.R. 92
oQ
1MI. 2Mt.
TABLE SS-18
COLLIER COUNTY SANITARY SEWER FACILITIES FY88/89 - FY94/95
(See Map SS-34 for Project Locations)
PROJ.
NO..
901
902
9O6
908
9O9
910
911
912
913
914
915
916
917
918
919
92O
PROJECT DESCRIPTION
2.0 MGD Expansion (to 4.5 MGD) of North County Regional Wastewater Treatment
Facility & Effluent Distribution System Completed
East and South Naples Sanitary Sewer Collection System Completed
Utilities Administration Building Deleted
8" Sewage Transmission Main -CR-951 -from Pump Station No. 3.15 to Pump
Station No. 3.20 Under Construction, combined with Roads
12" Sewage Transmission Main - CR-951 - from Pump Station No. 3.19 to Pump
Station No. 3.20 No Plans due to lack of Growth
10" Sewage Transmission Main - Davis Blvd. - from Pump Station No. 11 to Santa
Barbara Blvd. Completed
South County Regional Master Pump Station No. 3.11 Deleted
10" Sewage Transmission Main - Davis Blvd. -from Pump Station No. 3.14 to Pump
Station No. 3.11 Completed
South County Regional Master Pump Station No. 3.14
Design Completed, Construction on Hold
20" Sewage Transmission Main - US 41 - from Pump Station No. 3.18 to Pump
Station No. 3.01 Completed
South County Regional Master Pump Station No. 3.18 Completed
8.0 MGD Expansion (to 12.0) of South County Regional Wastewater Treatment
Facility Delayed, expansion to 16 MGD presently being addressed.
4.5 MGD Expansion (to 7.5 MGD) of North County Regional Wastewater Treatment
Facility Completed
20" Sewage Transmission Main - Rattlesnake Hammock Road - from Pump
Station No. 3.20 to Pump Station No. 3.02 Completed
South County Regional Master Pump Station No. 3.20
South County Regional Master Pump Station No. 3.16
On Hold
Completed
SS- 10
TABLE SS-18
Continued
COLLIER COUNTY SANITARY SEWER FACILITIES FY88/89 - FY94195
(See Map SS-34 for Project Locations)
PROJ.
NO.
921
922
PROJECT DESCRIPTION
12" Sewage Transmission Main - CR-951 - from Pump Station No. 3.16 to Pump Station No.
3.18 Completed
Telemetry System for North County Regional Pump Stations Deleted as CIE
Notes:
1.
Project Numbers correspond to those presented in the Capital Improvement Element of this
Comprehensive Plan
2. MGD is million gallons per day
3. Additional ClE's added to the Update and Amendments of the Capital Improvement Element
have been completed and are shown on Map SS-34.
Finally, and perhaps most importantly, the County must continue and expand efforts for
conservation of potable water supplies by increasing the use of treated wastewater effluent, or
reclaimed water, for irrigation use. The County has already made significant inroads in this regard
by negotiating agreements with area golf courses for the use of wastewater effluent for irrigation
needs. This program needs to be continued and expanded to promote effluent use wherever
suitable. Further, the County needs to develop an effective public information program promoting
these efforts.
The above discussed recommendations are the basis of the Goals, Objectives and Policies
presented in the following section.
SS- 11
co2.1:Ler Coun'~y Sanitary Sewer Facilit~e~
)ira1 Improvements FY88/89 - FY94/95
C
AHD MJ~TER PUMP STATIONS
Amended Play, ].9~
S8
SS- 12
POTABLE WATER
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Potable Water Sub-Element
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Adopted October, 1997
AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Potable Water Sub-Element
Symbol DATE AMENDED
** October 28, 1997
ORDINANCE NO.
Ordinance No. 97-57
** This is the EAR-based amendment. Due to the magnitude of the changes - which included
reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not
assigned.
* Indicates adopted portions
Note: the support document will be updated as current information becomes available.
V. GOALS~ OBJECTIVES AND POLICIES
GOAL 1:
TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS
TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE
POTABLE WATER FACILITIES AND SERVICES.
OBJECTIVE 1.1:
The County will locate and develop potable water supply sources to meet the needs of the County
owned and operated systems for the five (5) and ten (10) year planning time frames of this Plan,
said supply sources meeting the minimum Level of Service Standards established by this Plan.
Policy 1.1.1:
By June 1998 complete the pilot ASR ( Aquifer Storage and Recovery) system Study as a potential
emergency and seasonal potable water source.
Policy 1.1.2:
Continue to implement a program for the protection of existing and potential potable water supply
sources.
Policy 1.1.3:
Identify sufficient quantities of brackish water to meet the County's estimated 10 year growth related
needs.
OBJECTIVE 1.2:
The County will implement the following policies to make certain that public and private sector
potable water service utilities provide, repair and/or replace potable water supply, treatment and
distribution facilities to correct existing deficiencies in their respective service areas as may be
required to meet or exceed the Level of Service Standards established in this Plan. In addition,
public sector potable water service utilities will be expanded as necessary to provide for future
growth.
Policy 1.2.1:
Continue the development of a Collier County Regional Potable Water System consistent with the
Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and
provide for future growth.
Policy 1.2.2:
Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of
central potable water service by the County is limited to the service areas shown in this Plan and to
areas where the County has legal commitments to provide facilities and services as of the date of
adoption of this Plan.
Policy 1.2.3:
By the time mandated for the adoption of land development regulations pursuant to Chapter
163.3202, F.S., including any amendments thereto, require to the extent of the County's authority
private sector potable water service utilities, establish and file with the County a statement of their
policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion,
replacement, and/or repair of their facilities to correct existing deficiencies and provide for future
growth within their respective service areas.
Policy 1.2.4:
PW- I
C
Permit development of potable water supply systems or individual potable water supply wells within
the County only on an interim basis when connection to an existing central system is not readily
accessible to render service and require connection to the County Regional System when available.
Policy 1.2.5:
Continue enforcement of ordinances requiring connection of existing and new development to
central potable water systems when they become available. Connections to a central system shall
be made pursuant to Collier County Ordinance 88-4.
Policy 1.2.$:
Where Community Development Districts, or other similar special districts are established to prOvide
a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier
County Water-Sewer District, water service shall be connected to the regional system, and internal
facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for
operation and ownership in accordance with Collier County Ordinance 88-76, the Utilities Standards
and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District
construction and operating policies.
OBJECTIVE 1.3:
By the time mandated for the adoption of land development regulations pursuant to Chapter
163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the time
a development order is issued, potable water facility capacity that meets or exceeds the minimum
Level of Service Standards established herein is available or will be available to serve the
development under the guidelines established for concurrency in the Capital Improvement Element
of this Plan.
Policy 1.3.1:
The following Level of Service Standards are hereby adopted and shall be used as the basis for
determining the availability of facility capacity and the demand generated by a development:
Review of water usage data since 1989 indicated the LOS standard for finished water should be
increased to 185 gpcd. Review of the historical ratio of residential to non-residential demand
indicated that approximately 17% of the total water usage is non-residential. Thus the residential
demand is 154 gcpd and the total finished water demand is 185 gpcd.
FAClLITYISERVICE AREA
~;OLLIER COUNTY FACILITIES
County Water and Sewer District
Marco Water and Sewer District
Goodland Water Distdct
CITY OF NAPLES FACILITIES
Unincorporated Service Area
LEVEL OF SERVICE
STANDARD
185 gpcd
200 gpcd
163 gpcd
163 gpcd
EVERGLADES CITY FACILITIES
Unincorporated Service Area 163 gpcd
INDEPENDENT DISTRICTS/PRIVATE SECTOR SYSTEMS
The standard hereby adopted is the following "sewage" flow design standards, unless otherwise
approved by the Board of County Commissioners to address economic, social and construction
method variations between individual systems · (Source: Chapter 10D-6, Florida Administrative
Code) GALLONS PER
PW- 2
TYPE OF ESTABLISHMENT
COMMERClA.~L
Airports
a. per passenger
b. add per employee
Barber and Beauty Shops (per chair)
Bowling Alleys (toilet wastes only per lane)
Country Club
a. per resident member
b. per member present
c. per employee
Dentist Offices
a. perwet chair
b. per non-wet chair
Doctors Offices (per doctor)
Factories, exclusive of industrial wastes (gallons per person
per shift)
a. no showers provided
b. showers provided
Food
a.
b.
C.
d.
e.
f.
go
Service Operations
Ordinary Restaurant (per seat)
24 hour Restaurant (per seat)
Single Service articles only (per person)
Bar and Cocktail Lounge (per person)
Drive-in Restaurant (per car space)
Carry Out only
i. per 100 square feet of floor space
ii. add per employee
Institutions (per meal)
Hotels and Motels
a. Regular (per room)
b. Resort Hotels, Camps, Cottages (per person)
c. add for establishments with self service laundry
facilities (per machine)
Office Building (per employee per 8 hour shift)
Service Stations (per water closet and per urinal)
Shopping Centers
without food or laundry (per square foot of floor space)
Stadiums, Race Tracks, Ball Parks (per seat)
Stores per square foot of floor space
Swimming and Bathing Facilities, public (per person)
Theaters
a. indoor, Auditoriums (per seat)
PW- 3
DAY (GPD).
5
2O
100
100
100
25
20
200
50
25O
20
35
5O
75
25
3O
5O
50
20
5
15O
75
4O0
20
250
0.1
5
0.1
10
5
b. Outdoor, Drive-ins (per space)
Trailer/Mobile Home Park (per trailer space)
10
200
Travel Trailer/Recreational Vehicle Park
a. Travel Trailer (overnight), without water and sewer
hookup (per trailer space)
b. Travel Trailer (overnight), with water and sewer
hook-ups (per trailer space).
75
100
INSTITUTIONAL
Churches (per seat)
Hospitals (per bed) (does not include kitchen wastewater flows)
Nursing, Rest Homes (per bed) (does not include kitchen
wastewater flows)
3
20
100
Parks, Public Picnic
a. with toilets only (per person)
b. with bathhouse, showers and toilets (per person)
Public Institutions other than Schools & Hospitals (per person)
5
10
100
Schools (per student)
a. day-type
b. add for showers
c. add for cafeteria
d. add for day school workers
e. boarding-type
Work/Construction Camps Semi-permanent (per worker)
15
5
5
15
75
50
RESIDENTIAL
Residences
a. Single or multiple family (per dwelling unit)
1 bedroom and 600 square feet or less heated or
cooled area bedrooms
and 601 - 1000 square feet heated or cooled area
3 bedrooms and 1001 - 2000 square feet heated or
cooled area
4 or more bedrooms and more than 2000 square feet
heated or cooled area
b. Other (per occupant)
150
3OO
45O
6OO
75
FOOTNOTES:
1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six
percent (66%) of the total establishment wastewater flow.
Systems serving high volume establishments, such as fast food restaurants and service stations
located near interstate type highways, require special sizing considerations due to above
average sewage volume expected from restroom facilities.
Policy 1.3.2:
PW ~ 4
In order to ensure these Level of Service Standards are maintained, methodologies for determining
available capacity and demand shall incorporate appropriate peak demand coefficients for each
facility and for the type of development proposed.
Policy 1.3.3:
These Level of Service Standards are the minimum criteria for replacement, expansion or increase
in capacity of potable water supply facilities.
Policy 1.3.4:
Annually review historical potable water demand records and adjust these Level of Service
Standards if so indicated by said annual review.
OBJECTIVE 1.4:
The County will continue to promote conservation of potable water supplies by developing and
implementing an integrated, comprehensive conservation strategy which will identify specific
consumption per capita goals.
Policy 1.4.1:
Negotiate agreements with area golf courses to accept and use treated wastewater effluent for
irrigation when and where same is available from existing and future wastewater treatment plants.
Policy 1.4.2:
Continue to connect existing and future publicly owned lands suitable for irrigation with treated
wastewater effluent, such as government building grounds, parks, and highway medians when
economically feasible.
Policy 1.4.3:
Continue to connect existing and future privately owned lands suitable for irrigation with treated
wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks when
economically feasible.
Policy 1.4.4:
Pursuant to general law (Chapter 91-68, Laws of Florida), by November 1, 1992, adopt a resolution
promoting the use of xeriscape techniques (drought resistant landscaping) to minimize potable
water use for landscaping irrigation.
Policy 1.4.5:
By January 1, 1998, develop a public water conservation program for reducing potable water use.
PW- 5
Policy 1.4.6:
At such time as excess effluent is available, permit construction and connection of dual water
systems to the County's effluent transmission system (i.e., separate potable water and treated
wastewater effluent) in new subdivisions when the construction and or connection of a dual water
system will not negatively impact the potable water systems regulatory compliance or operation.
Policy 1.4.7:
By January 1998 complete a study to determine the feasibility of using treated effluent to create a
salinity barrier to reduce the potential for salt water intrusion in to the County current and future
wellfields.
OBJECTIVE '1 .$:
The County will discourage urban sprawl and the proliferation of private sector potable water service
suppliers in an effort to maximize the use of existing public facilities through the development order
approval process by implementing the following policies.
Policy 1.5.1:
Discourage urban sprawl by permitting universal availability of central potable water systems only in
the Designated Urban Area and in Receivin.q Lands located in the Rural Frin,qe Mixed Use District,
both of which are depicted on ef the Future Land Use Map Element cf this P!3n, and identified as
the Collier COunty Water and Sewer District Boundaries on Map (PW-1) and the Rural Transition
Water and Sewer Map (PW-2) of the Potable Water Sub-element, and in areas where the County
has legal commitments to provide facilities and service outside the Urban Area as of the date of
adoption of this Plan.
Policy 1.5.2:
The County will discourage urban sprawl and the proliferation of private sector and/or package
potable water treatment systems through the development order approval process to insure
maximum utilization of the existing and planned public facilities. No existing private sector or
potable water treatment systems will be permitted to add customers unless all Levels of Service
Standards are met, and operations are in conformance with all DER permits.
Policy 1.5.3.
Under criteria may be eligible for central potable water service from Collier County Utilities, or a.
private sector/independent district, within the Rece vin.q Areas identified on the Rural Transition
Water and Sewer Map (PW-2) of the Potable Water Sub-element, subiect to availability. Qualil'yin.q
criteria will be limited to the requirements and incentives established in the Future Land Use and the.
Conservation and Coastal Management Elements of the Plan to obtain preservation standards,
established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use
District. Criteria for potable water service eli.qibility may include, but are not limited to, plans for
development which utilize creative plannin,q techniques such as clustering, density blendinc~, rural
vii aqes, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be
amended and additional Sending and Receivin,cl Lands may be designated in the future.
PW- 6
C
C
'OldeJ~leridl
i
I
I
I
I
I
I
I
I
I
I
I
!
1
I
I
II
I
I
I
I
1.
I
I
I
t
::PW- 7'
·
C
Map PW-2
R 26 E
RURAL TRANSITION
WATER & SEWER
DISTRICT
LEGEND
R 27 E
R 28 E
PW- 8
C
PROJECT
NO.
800
801
8O9
811
812
813
815
816
817
818
819
820
823
824
825 ·
TABLE PW-11
COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT
POTABLE WATER FACILITIES FY88/89 - FY94/95
(See Map PW-19 for Project Locations)
PROJECT DESCRIPTION
16" Water Main - Manatee Road - Manatee Road Pump Station to US 41; US 41 - Manatee
Road to Westwind Drive Mobile Home Park (Master Plan Project Nos. 465; Part 516)
Deleted
20" Water Main - Rattlesnake Hammock Road - County Barn Road to US 41 (Master Plan
Project Nos. 452, 453) Completed
Carica Road Storage Tank Pumping Facilities (Master Plan Project No. PS-l)
Completed
Land Acquisition for North County Regional Water Treatment Plant (Part of Master Plan
Project No. NWTP-1) Completed
Hydrogeologic Services - North. County (Coral Reef) Regional Wellfield (WMP #NRP-1)
Completed
12" Water Main - Radio Road - Countryside to Foxfire (Master Plan Project No. 406)
Completed
16" Water Main - Pine Ridge Road - Airport Road to Livingston Road (Master Plan Project
No. 188) Completed
20" Water Main - Goodlette Road - Pine Ridge Road to Carica Road Storage Tank (Master
Plan Project No. 256) Completed
12" Water Main - Seagate Drive - US 41 to Pelican Bay Master Meter (Not in Master Plan)
Completed
16" Water Main - Airport Road - Vanderbilt Beach Road to Immobile Road (Master Plan
Project No. 179) Completed
12" Water Main - Immobile Road - Airport Road to Willoughby Acres (Master Plan Project
No. 198) Completed
16" Water Main - Immobile Road - Willoughby Acres to Livingston Road (Master Plan
Project No. 178) Completed
12" Water Main - CR-951 - Manatee Road to CR-952 (Master Plan Project No. 509, 527)
Completed
12" Water Main - CR-952 - CR-951 to Isles of Capri Pump Station (Master Plan Project No.
523) Bid - Construction
20" Water Main - Rattlesnake Hammock Road - Lely Resort to County Barn Road (Master
Plan Project Nos. 450, 451) Completed
PW- 9
TABLE PW-11
(continued)
COL! JER COUNTY WATER AND SEWER (CWS) DISTRICT.
POTABLE WATER FACILITIES FY88/89 - FY94/95
(See Map PW-19 for Project Locations)
C
PROJECT
NO.
826
827
828
829
830
831
832
833
834
835
836
837
838
PROJECT DESCRIPTION
12" Water Main - 6th Street - 91st Avenue to 11 lth Avenue (Master Plan Project Nos.
137,140) Completed
16" Water Main - Gulfshore Drive, Vanderbilt Beach Road, Vanderbilt Drive, and 91st
Avenue; illth Avenue to 6th Street (Master Plan Project Nos. 261,262, 263,264, 265,266)
Completed
North County (Coral Reef) Regional Wellfield - Phase I (Master Plan Project No. NRW-1)
Deleted
lqorth County Regional Water Treatment Plant (Master Plan Project No. NWTP-1)
Completed
36" water Main - Immobile Road - CR-951 to North County
Regional Water Treatment Plant (Master Plan Project No. 216) Completed
36" Water Main - CR-951 - Vanderbilt Beach Road to Immobile Road (Master Plan Project
No. 215) Woodlands PUD (Master Plan Project No. 214)
Completed
24" Water Main - Immobile Road - CR-951 Completed
20" Water Main - Immobile Road - Woodlands PUD to Quail Creek PUD (Master Plan
Project No. 212) -Completed
16" Water Main - Quail Creek PUD - Immobile Road to Quail Creek Storage Tank (Master
Plan Project No. 211) Completed
16" Water Main - Immobile Road - Quail Creek PUD to Oaks Blvd. (Master Plan Project
No. 202) Completed
12" Water Main - Immobile Road - Oaks Blvd. to Livingston Road (Master Plan Project No.
184) Completed
16" Water Main - Livingston Road Extension (North Naples Roadway MSTU) - Immobile
Road to Old US 41 (Master Plan Project Nos. 169,170, 171,255) Not CIE - MSTU
1.5 MGD Elevated Storage Tank - US 41 and Old US 41 (Master Plan Project No. ET-l)
Deleted
PW , 10
TABLE PW-11
(continued)
COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT
PROPOSED POTABLE WATER FACILITIES FY88/89 - FY94/95
(See Map PW-19 for Project Locations)
C
PROJECT
NO.
839
840
841
842
843
844
846
847
848
849
850
New
New
New
New
New
PROJECT DESCRIPTION
16" Water Main - Old US 41 - Livingston Road to US 41/Old US 41 Elevated Storage Tank
(Master Plan Project No. 167)Deleted
16" Water Main - Pine Ridge Road - Livingston Road to Vineyards PUD (Master Plan
Project Nos. 302, 303) Completed
16" Water Main - Davis Boulevard - Foxfire PUD to Glades Water Treatment Plan (Master
Plan Project No. 417) Completed
5 MG Ground Storage Tank and Pumping Facilities - Collier DRI (Master Plan Project No.
GST-4, PS-5) Deleted
12" Water Main - Pine Ridge Road - Goodlette Road to Airport Road (Master Plan Project
No. 189) Completed
12" Water Main - Pine Ridge Road - US 41 to Goodlette Road (Master Plan Project No. 190)
Completed
12" Water Main - US 41 - Vanderbilt Beach Road to Gulf Park Drive (Master Plan Project
No. 161) Deleted
12" Water Main - Immobile Road - Airport Road to North County Regional Wastewater
Treatment Plant Entrance Road (Master Plan Project No. 175) Completed
12" Water Main - US 41 - Gulf Park Drive to Pine Ridge Road (Master Plan Project No.
191) Deleted
North County (Coral Reef) Regional Wellfield - Phase II (Master Plan Project No. NRW-2)
Deleted
Golden Gate Regional Wellfield Expansion Plan Project No. SRW-2) Completed
North County Regional Water Treatment Plant 8 mgd expansion
8 MGD RO Water Treatment Facility
12" Water Main - Tamiami Trail - Manatee Road to end of System
12" Water Main - Livingston Road Wyndemere and Radio Road
16" Water Main - Radio Road - Santa Barbara Blvd. - CR 951
PW - 11
TABLE PW-11
(continued)
COLLIER COUNTY WATER AND SEWER (CWS) DISTRICT
PROPOSED POTABLE WATER FACILITIES FY88/89 - FY94/95
(See Map PW-19 for Project Locations)
C
PROJECT
NO. PROJECT DESCRIPTION
New
12" Water Main- Livingston Road Immobile Rd to Vanderbilt Beach Road
New
12" Water main - Livingston Road - Vanderbilt Road - Pine Ridge Road
Notes:
1. Project numbers correspond to those presented in the Capital Improvement Element of this
Comprehensive Plan.
Source: Collier County Water/Sewer District, 1995
The County has established a Concurrency Management System to monitor the Level of Service provided
by the private sector. The County has not direct authority to require other private or public systems to
address existing and projected deficiencies. This is a politically sensitive topic and State law does not
provide direct authority to Counties to accomplish this task.
Finally, and perhaps most importantly, the County must continue to expand efforts to conserve potable
water supplies. The County has made significant inroads in this regard by negotiating agreements with area
golf courses for use of wastewater effluent for irrigation needs. This program continues and will be
expanded to promote effluent use wherever suitable and sufficient quantities of effluent are available.
Further, the County needs to develop an effective public information program promoting conservation
methods in general.
The recommendations described above are one basis of the Goals, Objectives and Policies presented in the
following section.
PW - 12
C
COLLIER COUNT~ WATER & SEWER D~STR~]~CT
. l~e~/'sed Potable %~a~e~: FaC$1fties 'FY 9~gl'-FY 93/94.
Amended flay' ]-~, 1.992
PW - 13
RURAL TRANSITION
WATER & SEWER
DISTRICT
MAP PW-2
I'4'
LEGEND
Final Report
A Transferable
Development Rights
Program for Land
Preservation
Prepared for
Collier County, Florida
Prepared by
James C. Nicholas
November 23, 2001
Table of Contents
Introduction .........................
Transferable Development Rights ........
A. Background ...................
B. The Economics of Land Value .....
C. The Economics of Density ........
Empirical Results
A. Total Sample
B. Urban- Rural
C. Bulk- Retail
D.
E.
F.
G.
H.
Prices per Acre and per Unit ......
Density .......................
Value of Increased Density ........
Sending Areas ..................
Receiving Areas'. ................
Keys to a Successful TDR Program ......
Incentive Options ......................
A. Affordable Housing ...............
B. Native Vegetation Preservation ....
2
4
4
7
9
12
16
19
21
22
25
26
29
30
32
37
38
39
C
Final Report 1
Introduction
The conversion of lands from one use to another has been a matter of concern in
many areas around the country. The economic pressures for converting from one,
less intensive use, to another, more intensive, are well known) Land tends to be
more valuable in development than in farming or laying fallow, thus converting from
low value to high value uses is rewarded with profit. Regulatory measures, such as
zoning, can retard and even stop conversion. However, such regulatory measures
have their own problems. The most obvious consequence of conversion ending regu-
latory programs is a resulting loss in land value when development potentials are re-
duced or eliminated. Thus, land-use planning agencies find themselves in the middle
of a conflict between two compelling interests. On the one hand, there is a desire to
protect and preserve land and to prevent, or at least control, certain environmental and
social costs commonly associated with land conversion. On the other hand, develop-
ment regulatory bodies are faced with a philosophy of property rights, which holds
that regulations that reduce the value of individual' s land is an unconstitutional taking
of private property.2 Local governments are caught between a duty to protect public
health, safety and welfare and a duty to justly compensate landowners whose property
has been taken by the regulations that achieve the protection to public health, safety
and welfare.3
There has been a great deal of experimentation around the country with land man-
agement techniques that retain lands in existing low intensity uses without destroying
the developmental values of that land. Most notable are purchase of development
rights (PDR) and transfer of development rights (TDR).4 Both of these programs
share the characteristic of separating development rights from the other use rights as-
sociated with the land. For PDR, the development right is purchased and extin-
I See Marion Clawson, Suburban Land Conversion in the United States, Baltimore: Johns
Hopkins, 1971, for the seminal discussion of the process and economics of suburban land conversion.
2 See Pennsylvania Coal v Mahon, 260 U.S. 393 (1922), where Justice Holmes wrote that
"government hardly could go on if to some extent values incident to property could not be diminished
without paying for every such change in the general law ....... The general rule at least is that
while property may be regulated to a certain extent, if regulation goes too far it will be recog-
nized as a taking." Emphasis added.
3 Julian Juergensmeyer, J. C. Nicholas and B. D. Leebrick, '°Transferable Development Rights
and Alternatives After Suitum," The Urban Lawyer, Vol 2, Spring, 1998.
4 Mitigation is beginning to receive attention as a complementary means of achieving the
preservation of environmentally important areas. See, J. Nicholas, J. Juergensmeyer and E.
Basse, "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives,"
Environmental Liability, Volume 7:2 and 7:3, 1999.
Final Report 2
C
guished, i.e., not used. In the case of TDR, the right is transferred and the develop-
ment that would have been undertaken on the subject land is undertaken elsewhere.
In both instances, the development value of the land slated for preservation is pro-
tected.
The things to be called Transferable Development Rights herein go by many different
names. In the New Jersey Pinelands they are Pinelands Development Credits (PDC).
In Dade County, Florida, they are Severable Use Rights (SUR). In Suffork County,
New York, they are known as Pine Barrens Credits (PBC) while in Montgomery
County, Maryland, they are just plain old TDR. Regardless of what they are called,
these fights share the common characteristic of facilitating the transfer of develop-
ment from one place to another. This report will use TDR, transfer of development
rights, to describe the policy.
The possibility of using transferable development rights in Collier County is presently
before the people and elected officials of the County. The study reported herein ana-
lyzes the potential for TDR to address matters of land conservation within the Rural
Fringe of the County. TDR may or may not be a good idea for Collier County. An
important step in the process toward answering the policy question is determining
whether TDR is economically feasible. This study inquires into that feasibility and
reports on how a TDR could address the conservation of Rural Fringe land.
Final Report 3
II. Transferable Development Rights
A. Background
Many communities have established some type of transferable development rights
(TDR) program. Few would be considered successfulfi While the record for TDRs
is, at best, spotty, those programs that have been successful clearly demonstrate that
TDR can address difficult problems resulting from land management programs.
Carefully designed TDR programs can mmgate the ~mpact of regulation, when a
developing community seeks to maintain land in low intensity or low value use. This
report will discuss the background of successful TDR programs and, using the lessons
learned by successful programs, set out a TDR program that is responsive to the con-
ditions within Collier County.
The concept behind transferable development fights is simple. Title to real estate or
property ownership, under the bundle of rights (sticks) theory, consists of numerous
components that may be individually severed and marketed, such as the sale of min-
eral or oil rights. The right to develop property to its fullest potential is one of these
sticks 7 The TDR system simply takes the development stick for a piece of property
and allows it to be transferred or relocated to another piece of property. Typically
selling some defined development potential of one piece of property, the sending site,
to some other entity for use at some other piece of property, the receiving site, ac-
complishes the transfer.9 The transferred development potential may be measured in
any one of a number of ways, such as floor area ratio or residential dwelling units.
Once the transfer has occurred, most TDR systems require a legal restriction on the
~ Depending on what type of TDR is being considered, there are more than one hundred TDR
programs in existence. See Richard Roddewig and Cheryl Ingrain, Transferable Development Rights
Programs: TDRs and the Real Estate Marketplace, 401 American Planning Ass'n Advisory Report
(1987). Also see Robt. Coughlin, '~I'he Protection of Farmland: A Reference Guidebook for State and
Local Governments," (1981), Rick Prnetz, "Saved by Development," (1997) and American Farmland
Trust, "Survey of Agricultural Preservation TDR Programs," (1998).
6 lustice Brennan used this terminology when describing a TDR in Pennsylvania Central
Transportation Co. v. City of New York, 438 U.S. 104, 98 S.Ct. 2646. In Suiturn v Tahoe Regional
Planning Agency, 520 U. S. 725,. 738 (1997), lustice Scalia wrote, 'WDRs can serve a commendable
purpose in mitigating the economic loss suffered by an individual whose property use is restricted, and
property value diminished, but not so substantially as to produce a compensable taking."
7 See Carmichael, Donald M., "Transferable Development Rights as a Basis for Land Use
Control," 2 Florida State University Law Review 35 (1974), page 37.
a Roddewig & Ingrain, Supra.
9 There is no need to actually transfer ownership of the rights. However, the concept is dis-
cussed in this manner to make sure that third party transfers are facilitated.
Final Report 4
(-
sending site, 10 prohibiting any future use of the transferred development potential)~
The receiving site is then allowed to increase its allowed development potential by
the additional number of dwelling units or floor area to which it is entitled as a result
of the TDR transaction.
TDRs will derive their value from receiving sites. The receiving areas are where the
transferred unit will be sold, and the value of that unit will be based upon its location,
location and location. If development is valuable in receiving areas, the right to trans-
fer development to such areas will be valuable. Likewise, if development is not valu-
able in receiving areas, the right to transfer development to such areas will have no
value.
The goal of TDRs is to use market forces to maintain economic values of lands being
regulated by capturing a portion of the development value of lands not so regulated.
The value of developed lands is largely due to the desirability of the community. A
community that is a desirable place will lead to high land and developmental values.
Likewise, undesirable communities result in low or even no land values. For a com-
munity such as Collier County, the quality of past development together with the
"ambiance" of Collier County have resulted in very high values for both developed
and undeveloped land)2 These factors create the conditions for high values, while
the market forces of supply and demand implement those values. The demand for a
Collier County location is a direct result of the quality of the community and the sup-
ply of developable land in Collier County is diminishing. These forces combine to
create a situation of ever increasing land values and ever increasing pressure to de-
velop the remaining land and to develop that land more intensively. ·
There are a number of variations on the basic theme of development fights acquisi-
tion. An example is the dedication of development fights to a land trust or similar
organization with the owners realizing a tax deduction for the donation? While there
are a number of precise means, the common characteristic is that the development
rights are severed from the land. The land will retain all fights not specifically re-
moved. In the case of agricultural preservation easements, land will retain all fights
to farm. The conservation easements that sever the development rights can be struc-
tured so that economically viable uses, such as agriculture, may be left after the de-
velopment fights have been severed, or, alternatively, all uses of the land could be
removed. The retention of uses can be an important factor in the ultimate success or
failure of a TDR program. If all economically viable uses are removed, there is a
problem of maintaining the now fallow land. Alternatively, leaving too many uses
may defeat the conservation objective sought.
Usually by the recordation of a conservation easement.
n Costonis, John J., "Development Rights Transfer: An Exploratory Essay," 83 Yale Law
Journal 75 (1973) at 85. The practice is to differentiate "development" from other uses of land, such as
agriculture. While "development" is no longer permissible, all uses not so restricted remain.
Collier County land values will be discussed in following sections.
Final Report 5
A program of TDR is an economic policy. It is a policy that attributes severable de-
velopment rights to certain properties, called Sending Areas, and modifies develop-
ment regulations so that the severed development rights may be used in Receiving
Areas. As a precondition for success, this economic policy must be feasible. Within
the context of this study, feasibility will have a working definition as having the po-
tential of profit from transferring development from sending to receiving areas.
Final Report 6
B. The Economics of Land Value
Land has two fundamental values. The first is value in use and the second is value in
exchange. ~3 The value in use is that value returned to the owner from the existing
uses of the land. This value can be both economic and non-economic. The value in
exchange is what someone else would pay for the land. Generally, when the value in
exchange exceeds the value in use, the property will be sold. ~4 The primary determi-
nant of the value in use is the economic return received by the owner. ~ However,
many properties also provide non-economic returns, especially when those lands are
environmentally sensitive. These non-economic returns are typically in the form of
an enhanced "quality of life," enjoyed by all.~6 When environmentally sensitive land
is converted from its natural state, the owner benefits from an economic gain but also
must bear any costs associated with the sale, both economic and non-economic. In
many communities, the conversion of land involves a cost to be borne by the commu-
nity as a whole. This cost is felt as a loss in the "quality of life."
Owners will place a value on their land. They may do this subjectively or those val-
ues may result from appraisals or similar objective data. Regardless of how, owners
have a sense of the worth of their land. When market values exceed owners' sense of
worth, the land will be sold. Whether the land is actually sold is not as much a mat-
ter of the price offered as it is
the owners' sense of the
worth of the land. In this
graphic we see two different
situations. In the first, the
owner attaches some non-
economic value to the land
with the result that a sale
does not happen even though
the offer is higher than that
justified by the existing eco-
nomic use. In the second in-
stance the sale would occur
because the owner did not
This dichotomy was first explored by Aristotle in Ethics.
14 Speculative motives not withstanding.
t5 The economic return can in a monetary return or an in-kind return such as the rental value
of a person's own home.
26 This is known as an externality. In this instance, it is an external benefit. This benefit is
characterized as external because it is a benefit received by others and it results from no intention of
the landowner. The other type of externality is an external cost. This is a cost borne by others that was
not the intention of the owner. The characteristic that makes such benefits or costs "external" is that
the values of such benefits or costs are not capitalized into the price of land.
Final Report 7
attach any non-economic value to the property. The point is that the offer - the value
in exchange - was not the sole determinant of the sale. The opposite is also true.
Bidders may go beyond the economic value of property for non-economic reasons. In
both instances prices - the values in exchange - will appear to be beyond the underly-
ing use value of the land. Of necessity, buyers will have to buy-out both the eco-
nomic and non-economic values if they are to acquire that land. It would follow that
only those buyers who attached the same or higher non-economic values to that land
would acquire the property. In this manner subjective values are capitalized into
market prices of land.
This market process Creates a problem. Buyers pay prices that reflect all factors relat-
ing to the land. Any potential buyer who places little or no value on non-economic
qualities will lose out in the bidding process to those that do value such qualities. The
resulting capitalization of those qualities into market values means that if those quali-
ties were to be lost, buyers would suffer a loss both in the subjective and objective
values of their land.
The adjacent graph depicts a situation where a buyer made an offer that covered both
the economic and non-economic values of a property. The second set of columns
show what would happen if non-economic values were lost. The net effect is that the
new owner would incur both economic and non-economic losses as a consequence of
the loss of the particular
quality that was the
source of the original
non-economic value. A
simple example makes
the point. A parcel that
offered a view of some
spectacular scenery
would have the value of
that view capitalized into
the price of the land. If
that view were subse-
quently lost, the owner
would incur both eco-
nomic and non-economic
losses.
The community of Collier County clearly has a substantial number of properties with
values that originally were subjective in nature. These subjective values were based
upon the "quality" of the community. The necessity of offering prices (values in ex-
change) that exceeded the owner's value in use resulted in the capitalization of those
subjective qualities into objective market prices. Only potential buyers that assigned
equal or greater value to those various qualities would buy Collier County property.
These actions both confirmed the existence of those qualities and created market val-
Final Report 8
C
ues beyond more narrowly defined values in use. In order for these higher values to
be maintained, the "quality" of Collier County also must be maintained.
C. The Economics of Density
When asked what determines the value of land, "location, location and location" is
the standard, almost knee-jerk, response. Of course location is critical to the value of
a parcel of land, but once location is fixed, other factors come into play. The most
important of the other factors is the productivity of the land. All other things being
equal, i.e., location, the more productive land will command higher prices than the
less productive. The precise value of a parcel of land would be a function of the
land's yield per unit of land, usually an acre. For agricultural land this is commonly
measured in bushels per acre, or some other recognized measure of output. The more
goods that can be produced on a parcel of land, the more valuable that land. The
same economic forces apply to urban land.
The productivity of urban land is basically the same as agricultural - yield per acre.
Of course the units yielded from urban land are different than agricultural and are
measured in dwelling units or square footage of floor area rather than bushels per
acre. But the basic point that the more than can be produced on a parcel of land the
greater the expected value of a unit of land remains true for both agricultural and
urban land. Unlike agriculture, the production of more urban product per unit of land
· th
tends to change the nature and value of the product. In agriculture the 100 bushel
produced on an acre would have the same market value as the first or the fiftieth.
The same is not true for urban products such as residences. The market tendency is
for unit value to decline with density? Thus, in an urban market the productivity of
the land must be viewed together with the market for the various types of units capa-
ble of being produced on the land. Land capability is a function of the physical char-
acteristics of the land and the legal restrictions on the land. Thus either physical limi-
tations or legal restrictions will work in conjunction with market forces to determine
the productivity of land in terms of production per acre - density.
In those circumstances where the market demands less density than both the physical
limitations on the land and the legal restrictions could allow, the market is the sole
determinant of density. When the market demands and legal restrictions would allow
higher density than the physical limitations will allow, attempts to modify those
physical limitations will occur until either the market or legal limits became the upper
limit. When legal restrictions allow less density than the market demands and physi-
cal limitations would allow, requests for rezonings and similar types of regulation
changes will follow. Only when the market is the limiting factor will equilibrium
prevail.
17 See Arthur O'Sullivan, Urban Economics, 3ra Edition, Chicago: Irwin, 1996, p. 238. This
commonly accepted principle is demonstrated for Collier County in the following section.
Final Report 9
C
In a residential land market the general tendency is for value to increase per land unit
(hereafter referred to simply as acre) with density but at a decreasing rate. That is,
each additional unit
of density will add
less to total value as DIMINISHING RETURNS
density is increased.
In economics this is
known as the Law of
Diminishing Re-
turns? A typical per ~
acre value with re- ~
spect to residential
density would be as
shown in Figure 1. In
this figure value per ~ Input
acre is increasing I
with additional units
of density, but it is clearly increasing at a decreasing rate. If this process of increas-
ing density on a given unit of land is allowed to continue, it will eventually lead to a
declining total value as shown in Figure 2. This situation would occur because each
additional unit of density was of negative value, thus detracting from parcel value.
This type of negative value would occur because the development would be so dense
that buyers would offer
less to buy or rent be-
cause of excessive den-
sity. Of course, no ra-
tional person would
knowingly increase
density to such a level.
Rather, they would
cease density increases
at levels that maxi-
mized total values.
DIMINISHING RETURNS
Input
Figure 3 shows a limit-
ing facto/. A limiting
factor is introduced that results in less than market density and thereby limiting value
and returns. Of course, if the limit could be eliminated or raised, density of develop-
ment would rise and so also property values and returns. If this limitation were
physical, such as being flood prone, modifying the land by providing drainage could
result in increased value. Likewise, values could be increased by relaxation of any
regulatory constraints that limited density below what the market would set. In the
situation depicted in Figure 3, it would be very much to the advantage of the property
18 See any edition of Paul A. Samuelson, Economics, New York: McGraw-Hill, numerous
years, for a full and in depth discussion of the law of diminishing returns.
Final Report 10
owner to attempt to increase the density of development. This is the prime situation
for TDRs. It is an unfortunate fact of modern life that the market will tend to accept
more density than most
community will accept.
Communities, thus, enact
various regulatory programs
that limit development densi-
ties to less than what the
market would accept and re-
ward. Various petitions re-
sult with the goal being to
increase permissible density
up to what the market would
accept. TDR presents a way
to increase densities and also
economic returns in those
situations where allowable
LIMITED RETURN
Input
densities are less than market densities. In situations where market densities are at or
below permitted densities, TDRs will have no economic feasibility.and thus no ability
to achieve land preservation.
The material presented and the points made here are commonly known. This review
is presented in order to set the stage of an analysis of the role of density in the Collier
County urban land market. The general theory of land economics would suggest that
density of development would be a significant factor in the setting of Collier County
urban land values. Furthermore, theory would suggest that the incremental or mar-
ginal value would decline with density. We can turn now to the Collier County land
market to discover the precise land economic relationships within Collier County.
Final Report 11
III. Empirical Results
Several components of Collier County real estate sales were combined to create what
is called the Total Sample. The Total Sample is made up of the sale of unbuilt-upon
properties within the study area.19 For purposes of this study, retail lot sales are those
sales containing a single buildable unit and bulk lot sales are those with two or more
buildable units (or lots) within the parcel. The components of the sample are:
SALES INCLUDED IN TDR SAMPLE
Retail Sales:
Urban Area Retail Lots 114
. Rural Area Retail Lots 541
Total Retail 655
Bulk Sales:
Urban Area Bulk Sales 185
Rural Area Bulk Sales 285
Total Bulk 470
Total Urban Sales 299
Total Rural Sales 826
G rand Total 1 ~ 125
All of the sales utilized are taken from Collier County public records. These sales
occurred between January 7, 1998 and September 4, 2001.
All markets are rational. The problem confronting the analyst is to comprehend the
rationale of a particular market. The market of concern is the Collier County land
market. The particular market is the non-Gulf influence area and within the Naples
market area. This includes both urban and rural properties. The goal of this inquiry
is to project the value of increasing the intensity of land use within certain receiving
area parcels. This value will be a function of the market valuation of the resulting
increased land use intensity. These valuations will have to be imputed from sur-
rounding areas. Thus, sales of buildable properties in surrounding areas are analyzed
in order to project the economic value of increased intensity on receiving area proper-
ties.
The study area is broken out into Urban and Rural and then by Retail and Bulk. Of
course there are the sub-classifications - Urban Bulk, Rural Retail and the like. It is
t9 At the outset there were five sub-areas within the sales study area: the Rural Fringe Area,
the Urban Area, Orange Tree, Immokalee and Bayshore. Immokalee and Bayshore are both areas that
appear to have ample density and limited current pressure to increase density. While Orange Tree is a
very active market, increasing intensive of development in existing developed areas appears to be eco-
nomically infeasible. Therefore only sales in the Rural Fringe and Urban Areas will be analyzed.
Fin~ Report 12
expected that these markets would be fundamentally different. It is easy to see that
there are substantial differences among the sub-categories of property. Whether
Bulk Retail Rural Urban
Total Sales $516,849,150 $44,084,350!$108,934,500 $451,999,000
Total Acres 27,140 1,929 20,756 8,119
Total Units 34,773 655 4,325 30,331
Average Parcel Price $1,099,679 $67,304 $131,882 $1,511~702,
Price Per Acre $19,044 $22,856 $5,248 $55,670
~rice Per Unit $14,864 $67,304 $25~ ~ 87 $14,902
the observed differences are fundamental or merely reflecting differing conditions
will be discussed below.
The various sales are analyzed with multiple regression. This is a statistical technique
that correlates one set of data, known as the dependent variable, with one or more in-
dependent variables. The objective is to test whether there is significant correlation
between the dependent variable and the independent variables. The reliability of the
model is measured by a statistic known as the Correlation Coefficient (or Coefficient
of Multiple Determination) - R2. This is a percentage measure, although statistical
convention does not convert it to an actual percentage but leaves it in decimal form.
The Correlation Coefficient is calculated by contrasting the predicted (or estimated)
value of dependent variables against the actual of those variables. The extent to
which the predicted values are consistent with the actual values, measured as a per-
cent, is the R2. For this reason, this statistic is commonly known as "goodness of fit,"
meaning the extent to which the statistical explanation offered "fits" with the actual
values observed. The higher the'value of R2, the better the fit. The R2 reported herein
are adjusted for sample siz~ and thus the notation is shown as "R2 Adj."
Two other statistical measures are employed herein. The first is the t-Statistic.2° This
statistic measures whether the coefficient of an individual independent variable is
significantly different from zero. If the coefficient is significantly different from
zero, then it is accepted that the independent variable affects the dependent variable in
proportion to the magnitude of the coefficient. The correlation coefficient, R2, as-
sesses the explanatory power of all independent variables collectively while the t Sta-
tistic is relevant to each individugl variable. For samples of the type analyzed, t Sta-
tistics between 1.796 and 2.624 are required. The lower t Statistic is associated with
the 95% level of significance and the higher is 99%. t Statistics are shown above each
coefficientin parentheses. A quick rule-of-thumb is that a t Statistic must be ap-
proximately 2 before is can be accepted.
Another measure is the F Statistic. The F Statistic assesses the degree of co-variation
between the dependent and independent variables. For the type of data analyzed, F
2o Sometimes called the T-Ratio. Please note that the lower case "t" is not a typo.
Final Report 13
Statistics of 3.09 at 95% and 5.07 at 99% are required. The F-Statistic is an overall
test of the multiple regression model.
A total of three statistics are used: (1) R2 which measures the percent of variation in
the dependent variable explained by the variation in the dependent variable(s); (2) t
Statistic which measures whether an individual independent variable contributes to
the explanation of the variation in the dependent variable; and (3) F Statistic which
measures the degree of co-variation.
Multiple regression is used to assess the factors that influence the value of land sales.
The items presumed to influence parcel sales price are: the number of acres within
the parcel; the number of dwelling units authorized by existing zoning; the amenities
available to the parcel, whether the parcel is approved for development, and whether
the parcel is within the urban area. No other factors are given consideration. In the
following sections the parcel sales within Collier County are analyzed. The objective
is to estimate the value of an additional unit of (residential) development. This value
will be used as a basis for projecting the consequences of permitted density alterna-
tions.
To readers unfamiliar with statistical and multiple regression analysis this may be dif-
ficult. Rather than working through the individual equations, a reader may wish to
simply employ the t Statistic rule of thumb (it should be approximately 2) and an F-
Ratio rule of 5 or higher. There is no set minimum value for R2 Adj. Rather, the
closer to 1 the better. But for the type of analyses undertaken herein, values of R2
Adj. of 50% (.5) are acceptable.
This analysis'is concerned with the incremental or marginal value of allowable den-
sity (per acre). In order to establish a basis for this estimation, 1,125 Collier County
land sales discussed above were analyzed. The expectation is that per acre values
will increase with allowable density and per dwelling unit values will decrease with
allowable density. Of course, it is expected that both per acre and per parcel values
vary given the presence or lack of amenities. The amenities included herein are water
frontage (non-gulf), view frontage and being within a gated community. The pres-
ence of such amenities is aggregated into a single variable labeled "Amenity." Given
the nature of the land market, it is expected that the interactions among these vari-
ables will be logarithmic2~ rather than linear.
It is not possible to directly measure the worth of amenities. In this analysis each
amenity is measured simply on the basis of whether or not it exists for each particular
parcel. The regression model will then estimate the contribution of such amenities to
the sales price of the lot. The objective is not to estimate amenities values. Rather,
the objective is to adjust for amenities so that the fundamental land economics may be
assessed. The binary (1 or 0) inclusion of a characteristic is known as a "dummy
2~ Natural logs are used rather than the base 10 logs. Natural logs are used be, cause natural
logs (base 2.72) are more applicable to financial data than are logs base 10.
Final Report
14
variable." It is "dumb" in that the value 1 indicates that the characteristic exists and
the value 0 indicates that it does not exist. The same approach is used to incorporate
whether the parcel is approved for development or not and whether the parcel is lo-
cated in the rural or urban area. For a parcel of land in a development that had a golf
course, was located within the urban area and was approved for development, the
values of Amenity, Approved and Urban would all be 1, indicating the presence of
that quality.
The general model used to explain variations in parcel prices is:
Parcel Price = f (Acres, Units, Amenities, Approval,Location, Time )
This equation incorporates an hypothesis that the sales price of a parcel of land within
Collier County will be a function of the size of the parcel (measured in acres), the al-
lowable density (measured in maximum allowable dwelling units permitted by zoning
or approvals), the amenities available (golf, some important frontage, and gated
community), whether the property has development approvals,22 the location of the
parcel within the urban area and the date the parcel was sold. No sales were for Gulf
coastal properties so the effect of such locations on price should not be present.
The hypothesis will be tested by subjecting 1,125 property sales within Collier
County to statistical analysis. The goal of this testing is to estimate the economic
value of increasing units (or density) to a given parcel of land. Increasing units to a
given parcel ~hould increase the value of the parcel. The resulting value increase
would be the incremental or marginal revenue product of increased units. This prod-
uct would be the value of transferred development.
22 The relevant approvals would include subdivision, Planned Unit Development (PUD) or
Development of Regional Impact (DRI). These are all classified as "approved" or "subdivided" with-
out distinction to the actual mode of approval.
Fin~ Repo~ 15
A. THE TOTAL SAMPLE
It is postulated, and soon will be demonstrated, that there are few significant eco-
nomic differences within the study area. The observed differences, it will be shown,
are due to the different characteristics or situations of the properties, such as their ap-
proval for development, location within the urban development boundary, etc.
The model used in this multiple regression analysis is:23
LogPrice= A + (b1 * LogAcres)+ (b2* LogUnits )+ (b3 * Amenity)+
(b4 *Approved)+ (b5 * Urban )
The regression results for the total sample are:
REGRESSION OUTPUT - TOTAL SAMPLE
Regression Statistics
Multiple R 0.8283
R Square 0.6861
Adjusted R Square 0.6844
Standard Error 1.0523
Observations 1125
ANOVA
Df
SS
Regression 6 2706.17
Residual 1118 1238.02
Total 1124 3944.19
MS F
451.03 407.30
1.11
Significance F
0.00
Coefficients Standard Error t Stat24
Intercept 9.7139 0.1034 93.9339
Ln(Time)2s -0.0994 0.0314 -3.1685
Ln(Acres) 0.2650 0.0546 4.8505
Ln(Units) 0.6090 0.0588 10.3551
Amenity 2.1092 0.1497 14.0920
Approved 0.1685 0.1090 1.5463
Urban 0.4172 0.1674 2.4927
23 Recall that the logs are natural logs.
24 The fact that the t Statistics for time is negative is not important. The significance of the t
Statistic is not dependent on the sign, which can be ignored.
2~ The role of time will not receive discussion. The base for time in this analysis is January 1,
2002. All times are expressed relative to that data. The data show that land prices have been increas-
ing at an annual rate of 9.9% during the 1998 - 2001 period. The model is structured so that all con-
clusions are time adjusted to 1 Jan 2002.
Final Report 16
The regression equation was able to explain 68%26 of the variation in parcel price.
All of the variables are highly significant except for Approved. This interesting result
suggests that the approval or non-approval of property for development appears pre-
dictable and does not play a major role in explaining parcel price when all parcels are
considered.
The regression statistics for the Total Sample shown above may be entered into the
general equation to look like:
LogPric~ 9.9139+ (.265' LogAcres)+ (.609* LogUnits)+
(2.109* Amenity)+ (. 1685 *Approved)+ (.4172' Urban )
The regression equation was in the log form.27 Converting from logs to back to a lin-
ear form, the following form results:
Parcel Price = M Acres'~ Units~
To the extent that any of the dummy variables are involved, they are simple multipli-
ers, similar to the Intercept, M. The regression equation for a parcel located in the
urban area, that has some amenity and has approval for would be:
Parcel Price = Acres" Units~ M Amenity Approved Urban
Because these dummy variables are simple multipliers, they need not be discussed
here.
The exponent for Acres is equal to 0.26528 and the exponent for Units 0.609.29 The
fact that they are each less than one means that parcel price will increase with addi-
tions of either acres or units, but at a diminishing rate. The fact that the total of the
two exponents is less than one means that the parcel price will grow at a diminishing
rate with the expansion of both acres and units.3° Mathematically:
26 The Adjusted R Square of 0.6844 equated to 68%.
27 Meaning that the magnitudes of the variables had been converted to natural logs before the
regression model was run.
28 The coefficient of Ln(Acres) in the regression equation.
29 The coefficient of Ln(Units) in the regression equations.
30 This is the demonstration of diminishing returns.
Final Report 17
Parcel Price/~ = txM Acres~-~ Units/~
/0
Acres
Given that a < 1, then a -1 < 0 and
Parcel Price~ < 1
/0
Acres
and
Parcel Price//~Units =/3 M Acres" Units/~'~
Given that [3 < 1, then ~3 - 1 < 0 and
Parcel Price//~ Units < 1
This latter expression is the one that estimates the value of increased intensity (addi-
tional units) and thus is the basis for projecting the value of a transferred development
right. Note may be taken of the fact that units add more to price (0.609) than addi-
tional acres (0.265), indicating that there are market pressures to increase intensity, at
least within the common density ranges of Collier County. Before dealing with TDR
values, it would be advisable to fully explore the sub-components of the Collier land
market and to support the presumptions set out above.
The Collier (or study area) land market is subdivided into Retail and Bulk sales and
also into Urban and Rural areas. The number and averages for these sub-areas are set
out above. The standard regression model was run for each of the sub-markets.
These results are set out below.
Final R.epon 18
B. URBAN- RURAL3'
The Collier Land market analyzed herein is subdivided into urban and rural areas.
These areas are defined in the Collier County Comprehensive Plan and this study uses
those definitions. The summary statistics for these areas are:
Rural Urban Total
]'otal Sales $108,934,500 $451,999,000 $560,933,500
'otal Parcels 826 299 1,125
Total Acres 20,756 8,119 28,875
;otal Units 4,325 30,331 34,656
~,verage Parcel Price $131,882 $1,511,702 $498,608
Price Per Acre $5,248 $55~670 $19,426
~rice Per Unit $25,187 $14,902 $16,186
Acres Per Unit 4.80 0.27 0.83
As would be expected, rural lots are much bigger than urban and command higher per
unit values. Urban lots are much smaller while prices per acre are much higher.
These data reflect both consumer preferences and Collier County land-use regulatory
practices.
The regression results for the urban and rural split are shown below. Some very
REGRESSION OUTPUT - URBAN AREA
Regression Statistics
MUltiple R 0.7532
R Square 0.5673
Adjusted R Square 0.5600
Standard Error 1.2684
Observations 299
ANOVA
Df SS MS F Significance F
Regression 5 618.12
Residual 293 471.37
Total 298 1089.49
123,62 76.84 0.00
1.61
Coefficients Standard Error t Stat
Intercept 11.1063 0.4869 22.8088
Ln(Time) -0.0707 0.0790 -0.8949
Ln(Acres) 0.9872 0.2480 3.9799
3~ As pointed out above, TDR would appear to be infeasible for Orange Tree. The reason for
this infeasibility is that the value of a unit is negative, indicating that real estate sales values have hit
diminishing returns at existing densities. The only way for TDR to be feasible in the Orange Tree area
would be for land currently zoned for five-acres being allowed to convert to Orange Tree densities, or
what would be new Orange Tree densities.
Final Report
19
Ln(Units) -0.1406 0.2609
Amenity 0.8794 0.2579
Approved 0.9062 0.2666
REGRESSION OUTPUT - RURAL AREA
Regression Statistics
Multiple R 0.8596
R Square 0.7388
Adjusted R Square 0.7353
Standard Error 0.6171
Observations 381
ANOVA
-0.5390
3.4093
3.3988
Df
SS
MS
F Significance F
Regression 5
Residual 375
Total 380
403.922 80.784
142.784 0.381
546.707
212.167 0.000
Coefficients Standard Error t Stat
Intercept 9.32616276 0.21027 44.35405
Ln(Time) -0.00031058 0.02949 -0.01053
Ln(Acres) 0.56515833 0.13842 4.08285
Ln(Units) 0.55704552 0.15508 3.59210
Amenity 2.5364973 0.19889 12.75310
Approved 0.02774902 0.15764 0.17603
interesting differences occur. In neither sub-market is time of significance, but in the
total market, time is of significance. In both markets the more important factors in
explaining price are lot size and the presence of amenities. In the urban market units
is insignificant while in the rural market it is highly significant. The reason for this
difference is that the urban market is dominated by the retail sale of individual home-
sites where the number of units is one. In the rural market there are more bulk sales
and the positive contribution of units is more apparent. Thus the number of units is
significant in the rural area but not in the urban.
In the total sample, a dummy variable Urban was significant ( t Statistic of 2.49),
meaning that parcel prices were significantly different in the Urban Area than in the
Rural Area. The analysis of the Urban and Rural sub-areas confirms those differ-
ences. These differences are incorporated into the total sample model by including
the Urban dummy variable.
Final Report 20
C. BULK- RETAIL
Analysis of the bulk and retail land markets shows important differences. As would
be expected, the prices realized for retail homesite sales are more individualistic, re-
sponding less to the standard characteristics and more to individual site characteris-
tics. Thus the R2 for retail sales drops to 29% whereas it is 60% for bulk sales. The
significant factors explaining retail sales prices are lot size, the existence of amenities,
and location in the urban area.32 For bulk sales, the most important factor in deter-
mining prices is whether or not the parcel has been approved for development. Both
of these sets of determinants are easily understood and all are incorporated into the
total sample either as explanatory or dummy variables.
REGRESSION OUTPUT - RETAIL MARKET
Regression Statistics
Multiple R 0.5401
R Square 0.2917
Adjusted R Square 0.2862
Standard Error 1.0836
Observations 655
ANOVA
Df SS MS F Significance F
Regression 5 313.80
Residual 649 762.10
Total 654 1075,90
62.76 53.45 1.78346E-46
1.17
Coefficients Standard Error t Stat
Intercept 9.3751 0.1221 76.7726
Ln(Time) -0.0985 0.0426 -2.3093
Ln(Acres) 0.4841 0,0582 8.3141
Amenity 1.2060 0.2071 5.8244
Approved 0.7406 0.1221 6.0636
Urban 1,1606 0.1968 5.8974
32 The number of units does not appear because in every instance the number of units is 1, so
there is no variation in the number of units.
Final Report 2 1
C
REGRESSION OUTPUT - BULK SALES
Regression Statistics
Multiple R 0.7777
R Square 0.6048
Adjusted R Square 0.5997
Standard Error 1.1744
Observations 470
ANOVA
Df SS MS
F Significance F
Regression 6 977.400 162.900
Residual 463 638.583 1.379
Total 469 1615.983
Coefficients Standard Error t Stat
Intercept 10.3875 0.8361 12.4235
Ln(Time) -0.1090 0.0558 -1.9533
Ln(Acres) -0.0715 0.5245 -0.1363
Ln(Units) 0.9328 0.5341 1.7467
Amenity 0.5297 0.9429 0.5618
Approved 0.8424 0.2256 3.7335
Urban -0.7057 1.5869 -0.4447
118.110 0.000
D. PRICES PER ACRE AND PER
BUILDABLE UNIT
It is often noted that parcel prices per acre will decline with the number of acres in the
parcel. The same is true for prices per buildable unit. Both of these tendencies were
tested for in the Total Sample and were found to exist.
Price per acre declines precipitously with the number of acres, with all other variables
behav.ing as before. The following graphic shows the rapid decline. It is always
comforting when generally accepted principles of land economics are found to exist
in a sample, as they do here. Like price per acre, price per buildable unit declines
with the number of units in a parcel. Unlike price per acre, the rate of decline is much
less. This conclusion is optimistic for TDRs in that adding additional unit~ will tend
to reduce per unit prices and, if that reduction is great, the result could be to reduce
total revenue, thereby removing any profit potential from such unit additions. How-
ever, the reduction in revenues resulting from additional units will tend to be moder-
ate, thereby providing potential profit from unit increases.
Final Report 22
Price Per Acre
Parcel Size (Acres)
TOTAL SAMPLE PRICE PER ACRE
Regression Statistics
Multiple R
R Square
Adjusted R Square
Standard Error
Observations
0.7714
0.5950
0.5935
1.1363
1125
ANOVA
MS
F Significance F
Regression
Residual
Total
Intercept
Amenity
Approved
Urban
Ln(Acres)
4 531.154
1120 1,291
1124
Coefficients t Stat
9.0705 ~05.8784
1.6050 9.0353
0.9766 10.1033
0.6137 3.9257
-0.5222 -9.7524
411.350 0.000
Final Report 23
TOTAL SAMPLE PRICE WITH UNITS
Regression Statistics
Multiple R 0.5829
R Square 0.3397
Adjusted R Square0.3368
Standard Error 1.0628
Observations 1125
ANOVA
SS
MS F Significance F
Regression 5.00 650.45
Residual 1119.00 1264.07
Total 1124.00 1914.52
130.09 115.160,00
1.13
Coefficients Standard Error t Stat
Intercept 10.008 0.085 118.323
Ln(Time) -0.066 0.031 -2.126
Ln(Units) -0.135 0.026 -5.133
Amenity 2.428 0.136 17.887
Approved -0.136 0.090 -1.506
Urban -0.199 0.110 -1.813
$25,000
$20,000
$15,000
$10,000
$5,000
$0
PARCEL PRICE PER BUILDABLE UNIT
Buildsble Units
Final Report 24
E. DENSITY
The Collier market is a low-density market. While there is always the possibility that
this observationis the result of the densities permitted by Collier County land devel-
opment regulations, market values appear to be so clear, showing a sharp decline in
lot price with density. These data would suggest that densities higher than 3 per acre
appear to be uneconomic in the market area. Note may be taken of the fact that this
analysis does not consider how amenities may alter the density-price pattern? These
Lot Price By Density
Rural Area
$100,000
Urban Area
$80,000
$60,000
$4o,ooo
$20,000
$o
Units Per Acre
data suggest that the densities that would maximize value would be in the 2 per acre
range. Further, these data suggest that there will be the highest value for TDRs in the
lowest density zoning classifications. In the Rural Fringe Area, the proposed receiv-
ing areas are presently allowed to develop at one unit per 5 acres. The proposal is to
allow development at two units per 5 acres. This is the density range that has the
higher values for increased intensity of development.
33 The reason for the odd kink in the lines for densities of less than one per acres is that the
change in densities is not uniform below one per acre.
Final Report 25
F. VALUE OF INCREASED INTENSITY
The objective here is to estimate the value of a TDR. This value will be estimated
using the Total Sample Model and The Retail Model, both of which were setout
above. Looking first to the Retail Model:
RETAIL MODEL COEFFICIENTS
Coefficients
Intercept 9.3751
Ln(Time) -0.0985
Ln(Acres) 0.4841
Amenity 1.2060
Approved 0.7406
Urban 1.1 606
Let's begin with property located in the rural area and thus zoned for one unit per 5
acres. Further lets assume a 50-acre tract Where, with TDR, lots sized can go from 1
per 5 acres to 1 per 2.5 acres. The model tells us that 5-acre lots in this tract would
sell for $25,701 without development approvals? Taking the land through subdivi-
;io°s~ sW2} oi cn~a~ee~ ;:t~ Uoe;t ~n iS11 's9u0bld ~v° is: ho inS36t YaWl; ra} vS~sC:~al?a~2 nOo~ cC~nU~:; rteh~r;e;~' n.
The model output for this unsubdivided tract yields:
RETAIL SALES - RURAL AREA UNSUBDIVIDED LOTS
Incremental
Value Per Lot Total Value Value Per Lot
5 $25,701 $257,010
2.5 $18,375 $367,491 $12,542
Going from a 5-acre to a 2.5-acre configuration adds additional, incremental or mar-
ginal revenue of $12,542 per lot. Assuming away transactions costs, this would be
the value of adding additional density to a defined parcel.
If this tract is taken through subdivision, the results are:
34 $5,140 per acre. -
35 $10,780 per acre.
36 Here the term un-subdivided is used in order to avoid the use of "unapproved," implying
that an approval is required for use, which it is not.
Final Report 26
RETAIL SALES - RURAL AREA SUBDIVIDED LOTS
Lot Size Incremental
(Acres) Value Per Lot Total Value Value Per Lot
5 $53,901 $539,011
2.5 $38,536 $770,716 $23,170
Now the incremental value rises to $23,170 per lot.
The Total sample Model yields somewhat different results. Employing the same hy-
pothetical, the incremental values or going from a 5-acre to a 2.5-acre configuration
in the Rural Area are:
RURAL AREA
Lot Size UNSUBDIVIDED SUBDIVIDED
(Acres) Retail Total Sample Retail Total Sample
5
2.5 $11,048 $9,061 $23,170 $11,790
For unapproved properties the results are somewhat consistent. However, for ap-
proved, the Total Sample Model yields little change in incremental value while the
Retail Model projects a doubling of the incremental value. In the Total Sample there
are both retail and bulk sales. Bulk sales are expected to realize lower per unit and
per acre values because of the discounting both for time and for risk that the market
will impose. These values are shown below. Per acre values are not all that different
while per unit values are substantially different. Because average per unit values are
Retail Bulk Total
Total Sales $44,084,350 $516,849,150 $560,933,500
No. Sales 655 470! 1,125
Total Acres 1,928.81 27,139.56 29,068.37
Total Units 655 34,773 35,428
Average Parcel Price $67,304 $1,099,679 $498,608
Price Per Acre $22,856 $19,044 $19,297
Price Per Unit $67,304 $14,864 $15,833
lower for bulk sales, it would follow that incremental and marginal values would also
be lower. These lower values would result from the nature of the discounting rather
than fundamental differences in values. Another factor could be that many of the
units available by zoning are not achievable when the site is actually laid out. Simply
put, the revenues to be derived from selling finished units within bulk sales parcels
are relatively uncertain and will be received in the future, thus risk adjusted and pre-
sent values will be lower. For the retail sale of unsubdivided lots there would be little
if any differential discounting, for both types of properties appear to have current use
value.
Final Report 27
C
There are costs associated with transferring development from one parcel to another.
These costs would include:
· The cost of acquiring development rights,
· Closing costs associated with that acquisition,37 and
· Foregone interest while awaiting the sale of transferred units.
The offer price of a TDR would be the incremental revenue less these transaction
costs? Studies undertaken for the New Jersey Pinelands Commission suggested a
reduction of 50% from incremental value to TDR price? If this discount were to
prevail, Collier County TDRs should achieve market values of approximately
$12,000 in the rural fringe area. More recent TDR experience has suggested lower
discounts. In the case of the Long Island Central Pine Barrens, the discount from in-
cremental value to TDR market price appears to be less than 25%.40 Using a dis-
count of 20%, the projected value of a TDR for use in the Rural Fringe Area is
$18,500.
A TDR that was transferable into the urban area would have values approximately the
same as in the Rural Fringe Area. Employing the Retail Model and re-adjusting the
50-acre hypothetical parcel from four to five units to the acre:
RETAIL SALES - URBAN AREA, APPROVED LOTS
Incremental
Lot Size Value Per Lot Total Value
(Acres) Value Per Lot
.25 $40,345 $8,068,952
.20 $36,214 ' $9,053,394 $19,689
This results in an incremental value of approximately $20,000 per right and, at 80%, a
TDR value of $16,000. Taking urban density from three to four units to the acre
yields values virtually identical to those in the Rural Fringe Area.
Given the data analyzed, a TDR value approximating $18,500 is warranted and will
be utilized herein. This value considers the entire range of values discussed above.
37 In some instances there are commissions to be paid since realtors actively broker TDRs
where there are successful TDR programs.
38 While foregone interest is not actually a transaction cost, it will by lumped together with ac-
tual transaction costs as a net deduction.
39 $. Nicholas, "The Value of Pinelands Development Credits," New Jersey Pinelands Com-
mission, 1986.
no j. Nicholas, "The Economic Value of Development Rights in Brookhaven, Riverhead and
Southampton," a report prepared for the Central Pine Barrens Credit Clearinghouse, January 1998.
Final Report 28
G. THE SENDING AREAS
The sending areas are:
PROPOSED TDR SENDING AREAS
Units per TDRs
Sending Area Acreage Acre
Rural Fringe 20,000 0.2 4,000
Area "F" 6~550 0.1 655
Total 26,550 4,655
There are a total of 26,550 acres of sending areas. These properties would be as-
signed 4,655 TDRs. This assignment is at one TDR for each 5-acres for property in
the Primary Sending Area. The property in the Primary Sending Area at this time is
the Rural Fringe Area. Secondary Sending Area properties are assigned TDRs at a
ratio is one TDR per 10-acres. This lower ratio is due to the lands in Secondary
Sending Areas being virtually all (99%) wetlands and thus having less development
potential. The property in the Secondary Sending Area at this time is Area "F".
There are presently 4,655 development rights in the sending area. The Total Sample
Model predicts a value of $3,793 per acre, for the same 50-acre tract if this tract was
in the rural area and had no approvals. If a conservation easement were used to re-
move development potential, the value would drop to approximately $900 per acre.
This would appear to be the agricultural value of tracts in the rural area. The model
would project a value of $230 per acre if agriculture were not viable. For purposes of
this analysis, a residual value of $750 will be employed for the properties in the Pri-
mary Sending Area. A residual value of $230 will be used for Secondary Sending
Areas, and a pre-regulation value of $1,897 (50% of the Primary Sending Area) will
be applied in those areas. These lowered figures are used to reflect the nature of the
Secondary Sending Area property. If one TDR were to be allocated per development
right, a total of 4,655 TDRs would be needed. At prevailing values, a total of
$71,775,757 exists as development value.
SENDING AREA VALUES
Primary Secondary Total
Acres 20,000 6,550 26,550
Prior Value $3,793 $1,897
Residual -$750 -$230
Change $3~043 $1,667
Total Change $60,860,000 $10,915,575 $71,775,575
Final Report 29
A TDR program would transfer this development value to receiving areas. An esti-
mated value of $18,500 per TDR results from the model. Allocating 4,655 TDRs to
sending area properties would generate $86,117,500 in value. This provides coverage
of sending area development value at 120%.
H. THE RECEIVING AREAS
There are three potential receiving areas:
Rural Fringe Area:
Primary Receiving Area 41 29,700
Secondary Receiving Area 2,500
Total Receiving Area 32,200
TDR Bonus per Acre 0.20
Maximum Absorption 6,440
Urban Area:
Acres 7,912
TDR Bonus per Acre 2.0
Maximum Absorption 15,824'
Orange Tree: 42
Acres 1,200
TDR Bonus per Acre 2.0
Maximum Absorption 2,400
GRAND TOTAL 24,664
In other TDR areas a "Rule of Thumb" has evolved that there should be the ability to
absorb at least twice the number of TDRs created.43 Here there is the ability to ab-
sorb over 5 times the number of TDRs created. On the one hand, this large number of
potential receiving areas adds to the feasibility of a TDR program. One the other
hand, there may not be enough TDRs to meet demand, thus frustrating potential trans-
fers while sending TDR values to levels that would be infeasible for many potential
llsers. '
It is recommended that the current proposed Rural Fringe Area TDR program be lim-
ited to receiving areas within the Rural Fringe Area. There is the potential to absorb
6,440 TDRs within this area, roughly one and one-half times the number of TDRs
41 Originally the Rural Fringe Area had 31,800 acres of receiving area. This was reduced by
2,100 when the northeast portion of North Belle Meade was changed from receiving area to sending
area. The revised total was increased by 2,500 to incorporate the Neutral Area as a receiving area.
42 Orange Tree is not included because feasibility of TDR for Orange Tree has not been dem-
onstrated.
43 James T.B. Tripp and Daniel Dudek, "Institutional Guidelines for Designing Successful
Transferable Development Rights Programs," Yale Journal on Regulation, Vol 6, 1989.
Final Report 30
created. While this ratio is less than the desired two-times, if this TDR program
proves successful, other possible receiving areas will be needed, so conserving those
receiving areas at this time preserves options for the future. Alternatively, other re-
ceiving areas can be added if the Rural Fringe Area proves to be insufficient. The
recommendation is to allow and increase in density from 0.2 units per acre in the re-
ceiving area to 0.4 units per acre. This equates to changing permitted density from
one unit per five-acres to one unit per-two and one-half acres.
Final Report 31
V. KEYS TO A SUCCESSFUL
TDR PROGRAM
There are several keys to TDR success. Following these guidelines will not guarantee
success. However, a failure to follow these guidelines almost assures failure.
AUTHORITY. There is no question about Collier County's authority to enact a pro-
gram. First, the County Powers Act, Chapter 25, Florida Statutes, authorizes coun-
ties to "prepare and enforce comprehensive plans for the development of the
county.''44 Additionally, the Growth Management Act "encourages" the use of in-
novative land development regulations including.., transferable development
rights.''45 While further authority may not be needed, The Bert J. Harris, Jr., PriVate
Property Rights Protection Act authorizes or recognizes TDRs as a means to deal
with the economic consequences of certain land development regulations.46
CLARITY OF PURPOSE. A TDR program must have clearly defined and attainable
goals. In this way, movement toward those goals can be managed and attainment can
also be measured. Collier County must resist the temptation to add other goals to its
TDR program.
RESOURCES. Collier County will have to commit some fiscal and staff resources to
the on-going administration of a TDR program. Experience elsewhere has shown that
the fiscal and personnel costs are not extensive, experience has also shown that if
staff and fiscal resources are not made available the program will dwindle away.
EVASION PROOF. The most frequent reason for failure of TDR programs is the
lack of economically feasible receiving areas. The second most common reason is
evasion. Developers in receiving areas are expected to purchase TDRs from sending
area property owners. This analysis suggests a price of $18,500. The result of this
purchase should be that the developer could increase development within the receiv-
ing area. If the same increase can be had by other and cheaper means, TDRs will be
eschewed in favor of the cheaper route. In designated receiving areas there must be
no alternate way of increasing density other than TDR.
ECONOMIC FEASIBILITY. Development rights will be traded and transferred if
and only if it is economically feasible for both buyers and sellers to trade. Any TDR
program must begin with economic feasibility and feasibility must be retained. The
Chapter 125.01(1)(g), Florida Statutes.
Chapter 163.3202(3), Florida Statutes.
Chapter 70.01(4)(c )(3), Florida Statutes.
Final Report 32
County will have to monitor the program and, where necessary, make appropriate
corrections and adjustments so that the program remains viable.
USE BY RIGHT. A defining difference between successful and unsuccessful TDR
programs is whether the increased development in the receiving areas is by right. The
.... 47
alternative to use by right is to reqmre some type of d~scretaonary approval. The re-
quirement for discretionary approvals removes the certainty that is the basis for eco-
nomic feasibility. Additionally, requiting discretionary approvals can put the pro-
gram in legal jeopardy. In French v New York, 48 the court expressed a view of TDR,
saying that:
[I]t is a tolerable abstraction to consider development rights apart from the
solid land from which as a matter of zoning law they derive. But severed, the
development rights area double abstraction until they are actually attached to a
receiving parcel, yet to be identified, acquired, and subject to the contingent fu-
ture approvals of administrative agencies, events which may never happen be-
cause of the exigencies of the market and the contingencies and exigencies of
administrative action.
This was preparatory to ruling against the City of New York. For economic and legal
reasons, increased density by TDR must be by tight in the receiving areas. If Collier
County cannot make this commitment, then a TDR program may be ill advised at this
time.
SIMPLICITY. Any land development regulatory program tends to become complex.
TDRs are perhaps more conducive to complexity than other types of development
regulations. Strong efforts should be exerted to keep a TDR program as simple as
possible and any effort to add requirements should be resisted as constituting a fun-
damental threat to the viability of the program.
TRANSACTIONS COSTS. All efforts should be undertaken to keep transaction
costs to a minimum. The greater the administrative or public "hassle" confronting a
prospective buyer or seller of rights, the less economic value the rights have and the
less effective the program will be. Restrictions on the use of tights by buyers or un-
certainty about the ability of sellers to sell rights inhibit participation in a rights trans-
fer program.
ESTABLISHING A MARKET. Two of the more successful TDR programs have
established programs that supported TDRs by offering to purchase the tights at a
stated but heavily discounted price.
47 Use by right does not waive or alter any land development regulation other than the number
of dwelling units that will be allowed. All environmental, safety and design requirements will remain
in force.
350 N.E.2d 381.
Finfl Repoa 33
The New Jersey Pinelands. The New Jersey Pinelands Commission is a state
agency. As such, it has only those resources allocated to it by the state of New
Jersey. When the Pinelands Plan was adopted, it was recognized that the TDR
program incorporated within the plan would require extraordinary efforts be-
fore it would be viable. A total of 33,200 TDRs49 were created, covering
840,100 acres to be preserved.5° Additionally, there were nine counties and
52 municipalities within the area managed by the Pinelands Plan.
Burlington County, having much of its area in the Pinelands, established the
Burlington County Conservation Easement and Pinelands Development Credit
Exchange" that would purchase TDRs from property within Burlington
County. They began with $1 million and later saw the amount go to $5 mil-
lion?
The State of New Jersey had an on-going "Green Acres" program where the
state would purchase conservation easements on farmland to assure the reten-
tion of those lands in farmingfi2 The State authorized the use of "Green
Acres" monies and created Pinelands Development Credit Bank that would
buy and sell PDCs as well as guarantee loans secured by PDCs. The state
purchase programs paid an average of $3,239 for PDCs, ranging from a low of
$1,750 to a high of 5,650.53 The objective of the bank was to support and not
to displace the PDC program. It did this by offering minimal prices for PDCs
and later auctioning off those rights. The bank made a "profit" and is return-
ing that profit to the people of New Jersey.
Central Pine Barrens of Long Island. The plan adopted to preserve the 52,500
acres of the central Pine Barrens contained a TDR program - called Pine Bar-
rens Credits (PBC)? The 52,500-preservation area is within three munici-
palities, Brookhaven, Riverhead and Southampton. There are three separate
PBCs, one for each municipality. The Commission created the Pine Barrens
Credit Clearinghouse. The Clearinghouse was given an $8 million grant/loan
from the New York General Assembly. These funds were used to offer to buy
PBCs at $12,000. Fourteen rights were sold to the Clearinghouse. When of-
49 These TDRs and known as Pinelands Development Credits - PDC.
~o New Jersey Pinelands Commission, "Pinelands Development Credits, Summary Report
Through December 31, 1995,' (1996).
st See Juergensmeyer, Nicholas & Leebrick, note 3, page 449 ff.
s2 Supra.
~3 Amicus brief of James C. Nicholas et al., 1997 WL 9053 at Suitum v Tahoe Regional Plan-
ning Agency, 117 S.Ct 1659 (1997) (No. 96-243).
54 Here known as Pine Barrens Credits - PBC.
Final Report 34
fered at public auction, the PBCs went for prices as high as $37,000? Now
that the market price is established, the Clearinghouse is withdrawing from the
market. The "profit" will be divided among those selling PBCs to the Clear-
inghouse in the belief that it is unfair to economically punish people for sell-
ing their PBCs early.
In both instances funds were made available to support the program by offering
minimal purchase prices. Both banks offered prices that were claimed to be below
the true worth of the rights. Nevertheless, many elected to take a "sure thing" and
thus a floor was established. These floors added some degree of certainty to a very
uncertain and unknown program. Additionally, these banks were entities that devel-
opers could approach to purchase development rights? The existence of these banks
added greatly to the acceptance of the TDR programs and their eventual successes.
There certainly are TDR programs that are successful that had not had a bank, so a
bank is not a requirement57. But it sure is a good idea.
Successful TDR programs have the active support of the public and of public offi-
cials. This support assures that the original commitments remain respected. It also
assures continuing interest in the program so that adjustments and corrections can be
made as programs arise. The fundamental commitment made is that if property own-
ers will sever and transfer their development rights, they can use those rights in eco-
nomically feasible receiving areas. As long as this remains true, a TDR program
should be successful.
A final point. What if TDRs are not available at economically feasible prices? This
problem has not occurred in TDR programs, at least not yet. However, unavailability
of TDRs has to be given as much concern as the value of TDRs to sending area prop-
erty owners. If TDRs are not available at economically feasible prices, this should
trigger a reconsideration of the program. Such reconsideration could include:
· Adding more sending areas,
· Making TDRs worth more than one dwelling unit,
· Selling TDRs from a bank before rights are acquired from sending area
properties (TDR futures), and
· Abandonment of the program.
55 Central Pine Barrens Planning Commission, press release, "First Ever Auction of Pine Bar-
rens Credits Successfully Completed today," August 26, 1999. PBCs in Brookhaven sold for $37,000
and 10 PBCs in Riverhead sold for $17,000.
56 It appears that developers may prefer to purchase rights from banks.
57 Montgomery County, Maryland, is an example of a TDR program that has been successful
and does not have a bank. What Montgomery County's TDR program does have is no way to evade
the program and use of TDRs by right in the sending areas.
Final Report 35
It would appear that transferable development rights are economically feasible for
Collier County. However, a successful TDR program requires diligence as well as
economic feasibility.
Final Report 36
VI. INCENTIVE OPTIONS
A program of transferable development rights is a set of economic incentives that
seek to economically reward the preservation of certain properties. As such, TDR fits
in with other development incentive programs. Developers are commonly offered
incentives to develop in a manner that is deemed to be more beneficial to the public
than what would have been the case. Several examples are:
· Allocating additional or "bonus" residential units if some portiOn of the
dwelling units are "affordable,"
Allocating additional or "bonus" development, either residential or non-
residential, for public open space (very commonly used in highly urbanized
areas),
· "Bonuses" for the preservation of something of historic importance to the
community, and
· "Bonuses" for the preservation of natural or native habitat.
These are merely examples but all have the same theme of economically rewarding
developers for developing in a manner that the desired by the community. Again,
TDR is one of the incentive measures available to encourage the preservation of some
lower value uses of land, such as agriculture and open spaces.
The economic modeling undertaken as part of this reseamh indicates market densities
of approximately one dwelling unit per acre? This conclusion is made recognizing
the low-density yield possible on the proposed receiving area properties. The pro-
posal under consideration is to allow developmental density in the receiving area to
go from 0.2 units per acre to 0.4. This indicates that even with the TDR bonus there
is still potential for more increased density on the receiving area. Thus further bo-
nuses might be economically feasible.
There are two additional developmental actions of concern to Collier County as pos-
sible additions to any TDR program. There two concerns are, first, affordable hous-
ing and, second, the preservation of native vegetation.
~8 That is, if there were no limits imposed on density in the subject area, the result would be
approximately one unit per acre.
Final Report 37
A. TDRs AND AFFORDABLE HOUSING
Collier County already has an affordable housing bonus/incentive program. In the
Urban Area developers can achieve increased density if affordable housing is pro-
vided. It is entirely possible to do the same thing in the Rural Fringe Area TDR re-
ceiving areas.
The existing proposal is to allow development intensity in the Rural Fringe Area to
increase from one unit for each five acres to two units for each five acres. It would be
possible to allow three or four units for each five acres if affordable housing were
provided. The question here is not could this be done. The relevant questions are,
first, would the addition of affordable housing bonuses complicate and even compete
with the TDR program itself and, second, would affordable housing actually result?
COMPLICATING OR COMPETING WITH TDR PROGRAM. The prob-
lems relating to and resulting from adding to the complexity of a TDR pro-
gram were discussed in the previous section. No one can predict when an ad-
ditional unit of complexity will become too much complexity. Having made
these points previously, all this is necessary here is to refer back to them. If
any affordable housing bonus would first require that density be transferred
from sending areas, competition between the incentive programs would be
minimized. This would mean that before any affordable housing bonus could
be achieved within a TDR receiving area, development must first be trans-
ferred. For example, if maximum intensity with TDR and affordable housing
would be three units per five acres, the first unit would be by right, the second
unit would have to be by TDR and the third unit would be for affordable hous-
ing.
ACHIEVEMENT OF AFFORDABLE HOUSING. The analyses undertaken
herein have identified the market demand for housing in non-coastal Collier
County. Market demand is for low residential density with high amenities
(golf, water features, gates, etc.). This type of development is expensive, with
market values far outside of "affordable" ranges. The analyses have also
identified a desired density rage of up to one dwelling unit per acre within the
Rural Fringe Area? This would indicate that there would be market pressure
to add units in the Rural Fringe Area beyond the two per five acres contem-
plated in the draft regulations. However, attempting to sell the resulting unit
at "affordable" prices would appear to be not economically feasible in the Ru-
ral Fringe Area.6°
~9 See page 25, supra. The one unit per acre range incorporates the nature of the receiving
area property.
~0 Adding $18,500 to the other costs of a unit would result in costs so high that only "pre-
mium" units would be feasible.
Final Report 38
There is a possibility for integration of an affordable housing bonus with a
TDR program. This possibility would be the off-site provision of the afford-
able housing. If the affordable housing could be provided in the urban area
and the bonus density would be in the Rural Fringe Area receiving area, an af-
fordable housing bonus could be economically feasible. Whether this mode of
provision of affordable housing is consistent with community goals would
have to be weighed against Other competing interests. It would be necessary
to workout the details, but it would appear that providing a third unit of den-
sity for each five acres for each affordable housing units would be economi-
cally feasible.
A. TDRs AND NATIVE VEGETATION
As with affordable housing, TDR bonuses could be provided for the preservation of
native vegetation. This is very similar to historic preservation, where additional or
bonus units are made a~,ailable in return for preservation of some historic site.6t Here
again the matters of complexity and competition must be fully considered.
Unlike affordable housing that can be built in many locations, native vegetation exists
on certain properties and not on others. Providing a bonus for TDRs coming from
sending areas that had native vegetation would encourage to owners of those proper-
ties to do what is necessary to achieve any bonus provided that the costs of native
vegetation preservation is economically feasible. The costs associated with native
vegetation preservation are not known therefore a feasibility analysis or even a guess
cannot be made. Suffice it to say that native vegetation preservation could be encour-
aged by TDR bonuses.
If TDRs were seen as a means to encourage native vegetation preservation on receiv-
ing sites, such bonuses would directly compete with TDRs and would make the TDR
program much more complex. A way to accomplish both objectives would be to re-
quire the use of TDR on a receiving site as a precondition for receipt of a bonus for
native vegetation preservation. So, for example, development could go to two units
per five-acres with TDR and then three or more per five-acres with native vegetation
preservation. Structuring the native vegetation incentive in this manner would en-
hance rather than detract from the viability of a TDR program.
6~ One of the better-known TDR programs is New York City's, where TDRs are offered in re-
turn for the preservation of historic landmarks. See Juergensmeyer and Roberts, Urban Planning and
Land Development Control Law, West, 1998.
Final Report 39
James C. Nicholas
313 Holland Hall
University of Florida
Gainesville, FL 32611
(352) 392-8832
(352) 392-3005 Fax
e-mail jcnicholas~msn.com
MEMORANDUM
TO:
DATE:
SUB J:
Stan Litsinger
13 January 2002
Additional Questions on TDR
I am in receipt of three questions relating to the Rural Fringe areaFrDR program that
I have recommended:
Would "density blending" adversely effect or compromise the potential of a TDR
program?
Would the potential for high value/Iow density developments in the Rural Fdnge
Area obviate the need for TDRs?
Would eliminating or somehow restricting approximately 3,500 acres of the Big
Corkscrew Island Community as receiving areas alter the economic viability of
the Rural Fringe Area TDR program, thereby creating the need for additional
receiving areas?
I will do my best to answer these questions.
DENSITY BLENDING
I would see "density blending" as a form of cluster development. TDR began as an
offshoot of cluster development. When simple cluster, commonly through Planned
Unit Development, achieves the preservation objective, it is the preferred means.
Cluster does not require any creation of development dghts or the transfer thereof. In
many situations cluster was either impossible or not an effective means of achieving
the planning objective. TDR was the alternative. I see this as coming full circle, be-
ginning with cluster, progressing to TDR, and now looking to "density blending."
The density blending proposal appears to have the same goal as the Rural Fdnge
Area TDR and employs the same basic mechanisms. Whether density blending is
an appropriate method for a particular property or set of properties will have to be de-
termined on a case-by-case basis. In my opinion density blending is a type of TDR
-.-- January 13, 2002
· Page 2
and I see no reason to prohibit it. At the same time, I would recommend that it be a
development option, perhaps by special exception, and not a use by fight.
HIGH VALUE/LOW DENSITY DEVELOPMENT
Cleady, there is a market for high value and Iow-density development, largely golf
course development, in the Rural Fringe Area of Collier County. Developers have
shown that they can profitably configure golf course developments at one unit per
five acres. Twin Eagles is an obvious example. Does this possibility limit the eco-
nomic desirability of TDR?
I would answer this question in the affirmative. If a developer is faced with two eco-
nomically viable options, one with and one without TDR, the developer will pick the
most attractive alternative. To me this means that if TDRs were not available, or
were not available at some "reasonable" pdce, development could continue in the
Rural Fringe Area, albeit at very high values and presumably at relatively lower rates
of absorption.
There are two upper limits on the pdce of TDRs. The first is an income limit, meaning
that the income generated by the sale of transferred units would have to exceed all of
the costs associated with those additional limits, including the acquisition of the right.
The second is a substitution limit. A developer would substitute the lower cost/higher
profit development configuration for the higher cost/lower profit form. When non-TDR
development is not economically feasible, then only the income limit applies. When
non-TDR development is economically feasible, that form must compete with TDR
development with the most profitable winning out.
I have some familiarity with Twin Eagles. The very Iow density was, in my opinion,
the result of regulatory limitations and not the desire of the developer. It appears to
me that the market for developments such as Twin Eagles would accept densities
higher than one unit per five acres. However, the market densities would still be Iow,
less than one unit per acre, perhaps even less than one-half (two acre). This is
largely due to the land area committed to the golf course together with the need for
pdvacy providing large lots on the remainder of the land.
Twin Eagles was one of the developments included in my sample. I have noted de-
velopments in the same general area that share some characteristics with Twin Ea-
gles. It would be expected that success would be copied. I was aware of this type of
development and took it into consideration.
It is very tempting to think about capturing some of the high value created by golf
course developments. Whether there can be special TDR rules for golf course de-
velopments is a legal question and beyond my purview. Cleady, golf course devel-
January 13, 2002
Page 3
opments are a non-rural type of development and will change the nature of the Rural
Fdnge Area. One of the major concessions of a TDR program is the acceptance of a
change in character of the receiving areas in return for the preservation of that char-
acter in sending areas. If the rural character were changed without any offsetting
preservation in sending areas, society would suffer an uncompensated loss. Per-
haps this eventuality would justify special rules for golf course developments in the
Rural Fdnge Area.
I would doubt that a minimum density for golf course developments would be effec-
tive. Perhaps the golf course itself could be considered development, requiring TDR.
A number of jurisdictions classify golf courses as intensive uses of land and not sim-
ply as a different type of open space.
In my opinion, high value/Iow density development configurations do not threaten the
viability of the TDR program. Rather, they should be a source of demand for TDRs.
Nevertheless, is there is a possibility to make further use of TDRs for this type of de-
velopment it should be explored.
EXCLUSION OF THE BIG CORKSCREW ISLAND COMMUNITY AS A RECEIVING
AREA
At present, the TDR program will create 4,655 development dghts. The 32,200 acres
in the Rural Fringe Area receiving areas can accommodate 6,190 transferred units.
This is a ratio of 1.33 receiving sites for each transfer unit created. In my opinion, this
is disconcertingly Iow. I prefer a ratio of two receiving sites for each transferable unit
created. The preferred ratio would require 9,310 potential receiving sites. I offered
the recommendation to confine the TDR program to the Rural Fringe Area given this
Iow ratio with the caveat that the ratio is Iow and additional receiving areas may be
needed. Pulling out as many as 700 potential receiving sites will further aggravate
this concem.
It would be my opinion that the Big Corkscrew Island Community would not be a pd-
mary TDR receiving area because much of the land use is committed. This raises
the pragmatic question as to the actual effect of removing a receiving area that had
little potential as a receiving area. I have argued here and elsewhere that the re-
moval of any receiving areas should be seen as destructive to the goals of a TDR
program, limited potential has nothing to do with it. I would continue that position
here.
I had wanted to confine the sending and receiving areas to the Rural Fdnge Area be-
cause the fundamental economics would be similar in both areas. Further erosion of
January 13, 2002
· Page 4
fringe area receiving areas would mean that we should look elsewhere for more re-
ceiving areas. I see three candidates:
· Allow the expansion of Orange Tree into abutting areas at densities of ap-
proximately 4 units per acres with TDRs from the Rural Fdnge Area,
· Require additional usage of TDRs for development in the Rural Fdnge Area
for such uses as golf course developments, and
· Allow increased densities in the urban area with TDRs from the Rural Fdnge
Area.
All of these options appear to be economically feasible, although additional work
would be required in order to develop ratios of units to be allowed in the receiving ar-
eas per development unit in the sending areas. Prior analysis indicated that the fun-
damental economics of golf course developments, Orange Tree and the urban area
were different from those of the Rural Fringe Area. Therefore, there is a possibility
that TDR use ratios would be different for the various receiving areas.
An objective of the recommended program was to keep it as simple as possible. A
successful Rural Fringe Area TDR program could provide an outstanding basis for
other or expanded TDR programs. It is still my opinion that confining the initial pro-
gram to the Rural Fringe Area would be desirable.
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