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BCC Minutes 09/23/1985 S ,....-.--.-.' .,........,~,."_.__". ~_w "'-.,..----....--.- 089 585 September 23, 1985 . ~~·COJ. . . pm Planner Cacchion. .xplained there wo. an inaccurate adverti.ement of the ordinance which will delay the final adoption ~f the ordinance. She r.que.ted that the Boord of County Co~mi..ioner. let the dote for adoption of the ordinance for 10/22/85, at a regular Board meeting. Co..l..ion.r Pi.tor ao.e4~ .econded by Co..i..ion.r ..... and carrle4 unani.ov.ly, tbat adoptloD of the addition to tb~ Co.preben.ive Plan of th. .19 Cypre.. Area of CrItical Stat. Conc.rn Ile..nt be placed OD tbe 10/22/a5~ ao~rd of County Co..i..loD Agenda; Mrs. Cacchione said in 1972 the Florida Land and Water Management Act was established which provided the procedure for establishing critical areas. She said area. containing environmental or natural resources of regional or state-wide importance are designated areas of critical concern And the 8ig Cypress area was so designated in 1973 by an Act of the State Legislature which set the boundaries of the criti- cal area. She stated Chapter 271-3 of the Florida Administrative Code contains the land development regulations which were developed for the critical area. She said in 1983 amendments were made to Chapters 163 .nd 380 of the Florida Statutes which required local governments that have Areas of Critical Stat. Concern to addr.ss those areas in their Comprehensive Plðn and that is the purpose for the preparation of this Element and the adoption of it on 10/22/85. She said in 19S5 the State Legislature added an additional portion to the Critical Area and she indicated this addition of approximately 71,000 acres on a po~ted ~ap aa north of S.R. 84 bordering Hendry and Broward Counties following the Big Cypress Preserve bound.ry line. Mrs. Cacchione re!erred to. the copies of the Elelllent the Commis- sioners had received and said on Page 3 is Map 1 of the Critical Area. She said Page 4 begins the description of the Critical Area, adding there are 931,000 acres in the Big Cypress Area of Critical State Concern with 778,200 acres being within Collier County and &I1Iall portions within Dade and Monroe Countie.. She .aid the three center. of population within the Critical Area are Everglad.s City, OChopee and Copeland and Tabl~ 1, Page 4 li.ts the existing dwelling unit. and population. She said in 1973 Everglades City and Cchopee were excluded from the Critical Area regulations. She said the 4/1/82 population esti~ate for the entire Critical Area was 1,678. Mrs. Cacchione said the next section of the Element reviews the soils, topography and wat~r re.ource., much of which was compiled by the County Environraentalist. Sh,e li.ted the topics covered aa aolls, Page 2 te~:..·J 11::5 L::::J r;:a - ;:;::] September 23, 1985 topography, groundwater, .urface water, cli~ate, vegetation and wild- life. She said the next ite. i. the relationship to other Element. of the Comprehen.ive Plan. She explain.d, although all Elem.nt. of the Comprehensive Plan apply to the Big Cypress Area, the Land U.e, Trans- portation, Natural Resource. and Intergovernmental Coordination Elem.nt. directly influence land use activities and resource management in the Area of Critical State Concern~ She li.ted the four land use ,de.ignation. within the Critical Area as Urban Land Use, which entails the area. of Copeland and Port of the Is1an~s, Park. and Preserves, Coastal Resource Mðnag.~ent/R.creation Area, .nd Rural. She said the Collier County Planning Agency sugge.ted that a map be added to thl. Ilement which depicted these land u.e designations and Map 2 on Page 7 i. such a map. She expla ined the Parks and Preserve Land Use Category enco~asses the Big Cypress National Preserve and 'akah~tchea Strand State Preserve. She said the Coastal Resource Management/Recreation Area is the ar.a along the undeveloped coastal portion. of Collier County and that the remainder of the Ar.a of Critical State Concern i, designated as Rural on the future land use map. Ehe said the Big Cypress Area of Critical State Concern is covered by an Environmental Overlay in most portions which provides general information on site conditions and envioronmental factors which m~y constrain future land use. Mrs. Cacchione said the Transportation Element of the Comprehen- sive Plan reviews the major roads found within the Critical Area and . . added that the only planned roadway improvement between 1983 and 19~J i. the four-laning of Alligator Alley to be 1-75. She said in addition to the paved roads there are numerous hiking trails found within the Critical Area. Mrs. Cacchione said the Natural R.sources Element of the Compre- hensive Plan is to conserve and maintain the natural resources of Collier County and all land us. activities within the Area of Critical State Concern must be consistent with the goals, objectives and policies of the Natural ResourCdS Element. Mr.. Cacchione referred to the Intergovernmental Coordination Element and explained there are many F.deral, State and local agencies which have jurisdiction within the C~itical Area. She said in terms of the Fed.ral Government the ArlllY Corps of Engin.ers reviews all activi- ties which affect or modify navigable waters and the U.S. Cepar~ent of the Interior manages the Big Cypress Preserve. She said regarding the ~m 089 PAGE 586 Page 3 ,.. .' ~\ ;,.,'"h-.J t~~.~~:."I" -.. ' J.k!t~r'" .··~~'-.~·;r ,~, ;....".', ~,·~Jit,~1¡I.:¡;J'i"¡,.~' 'f ..::,}~, !Ji'!·.i;:;;:'.tf,~~~~·~j:~:··,>: :.~, . ,. . ~.' ...,-",,,-, ....--.--. ~m 08'9mt587 Septe.ber 23, 1985 Stat. Govern=ent the Department of Natural Resources .anages an exten- aive system of state parks, the largest within the Critical Area being tbe rakahatchee Strand. She .aid the Department ot Environmental Regulations reviews dredge and fill permits and other activities that affect sir and water quality and the South Florida Water Management DIstrict operates and maintains the South Florida water management .ystem and reviews all surface water m.nagement and water withdrawal permits. She explained that the Big Cypress Basin Board prepares proj.cts, plans and sp.cifications and conducts studies on the water resources f~r Collier County. She said the Southw~st Florida Regional Planning Council reviews all Developments of Regional Impact that may occur in the Critical Area. Regarding the local governmental level, she said there is a list of regulations found in Table 2, on Page 11 which includes the departmente that oversee the various regulations. Mrs. Cacchione said in the Implementation Strategy section the land developuent regulations are referenced which the Administration Commission adopted in 1973 And those are Chapter 27F-3 of the Florida Administrative Code and cover site alteration, drainage, structure installation, and transportation. She said the purpose of the r.gula- tions is to conserve and protect the natural, environmental and eco- nomic resources of the Big Cypress Area. She said the r.gulations are to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, safety and welfare of the residents. Mrs. Cacchione said the f~na1 section of the element contains the Big Cypress goals, objectivws and policies which is the plan and future blueprint for the Critical Area and is consistent with all other elements of the Comprehensive Plan where the goals, objectives and policies set the framework. Mr.. Cacchione said a public hearing on the Critical State Concern Element was held on 1/19/84, before the Collier County Planning Agency and that Board sent the Element to the State and Regional Agenci.s for review. &he said letters have been received from the State and the Region and that the Region found the Element to be consistent with adopted Regional plans, programs and develo~ent goals, objective. and policies and the Southwest Florida Regional Planning Council voted unanimously for approval of the Element. She said the State had no objections to the Element under the guidelines of Chapter 163 and said Pag e 4 .~;~~~"7"! - r:::= ,..",,^,..," ,--",~._._...~_.;"" - ¡;:;;J ... ~ September 23, 1985 it also met the require.ents of Chapter 380. She .aid the Stat. complimented Staff on the Element. 0. Mrs. Cacchione nid the Collier County Planninq Agency held a public hearing on 9/5/85, and recommended that Map 2 be added to show the land use deaignation. within the Critical Area, which has b.en done. She aaid diacussion was held at the public hearing regardinq whether commercial and aport fishing would be permitted within the Critical Area or if any of the regulations restricted commercial and aport fishing. She oxpleined she received a l'9al opinion from the Department of Community Affairs, copies of which ahe had distributed to the Co.~iasioners, which stated that traditional fishing activity is not a development as definod and is not subject to the proviaions of Chapter 380. She said the legal opinion said th.t the agricultural exe.ptio·n proviaion cited has no relevance to fishing bøcause fishing does not involve growing anything and it is not agriculture. She said the opinion stated that development related to fishing such as docks, boat ramps, marinas, and packing hous.s are development as identified by Chapter 380 and are subject to the provisions of that Chapter~ She pointed out the legal opinion appli.s to the Implementation StrategY of the Element found on Page 12 and said that agriculture is exe~pt from the regulations found in that section. Hrs. Clcchione said the CCPA also recommended that the Board of County Commissionerers consider whether the Commissionera want.d to .ake a recommendation to the Admini.tration Commission on the exclusion of Port of the Islands and Copeland from the Critical Are. boundari-s. She said the CCPA voted unanimously to forward this Ele.ent to the Board of County Com.issioners with the ~otion of approval. Commissioner Pi.tor referred to a person who was pres.nt at a Property Appraisal Adjustment Board meeting earlier this date and who said he had heard, if this Element is pasled, the Commission would essentially be condemning his land or making it 1... valuable. He asked, if that were true, who is responsible to the property owner? Mra. Cecchione responded that there are no new regulations in this document and every regulation contained in the Element already applies to the Critical Area, ao Ihe did not see how there would be a chAnge in value of a person's property as the result of the adoption of this £1 ellen t. During the discussion that followed, Mrs. Goodnight pointed out that .Map 7 shows that the aforementioned person's property is not in teoK 089 PAGE 588' Page 5 ,.-,.~~._.,-- - '. . ,'. '.. '. .,. '.' ·\1· . . .~. 089 589 September 23, 1985 '~OJ. . PAGe . the Critical Area. Commissioner Goodnight referred to the Transportation Element and the state.ent that there will only be one intersection from C.R. 951 to S.R. 27 In Broward County and .aid that Senator Mann lIIentioned recently that the acc.ss to S.R. 29 Is on the dr.wing board and she asked if the sentence that states the Board of County Commissioners indicated their d.sire for an interchange at S.R. 291 however, present plans approved by the Department of Transportation do not include one at this time, should be changed? Mrs; Cacchione said she did not know if the plans are final but that she would check with the DOT and if there is an interchange planned at S.R. 29 Staff can include that language. Commissioner pistor said the DOT has discussed putting a fence along Alligator Alley when it is four-laned, which would eliminate the present trails to hunting camps and he asked if there was a possibility in the Transportation Element that a parallel road would be designated for access to those camps? Mrs. Cacchione said that the Transportation Element is in the process of being revised and updated and it is, cur- rently, at the State and Region for review and will come to the Board of County Commissioners before the end of 1985, for the additions that the Commission wants for future roadway networks. Commissioner Pistor said access to those camps has to be considered so the property owners will not have access to their property cut off. Commissioner Holland said he was, also, concerned about access to several oil wells in the area. He said much discussion, pro and con, was held at the Govern~r's Conference last year on what would happen if this area w,as fenced and he eXp'ressed his opinon that problems could result if this occurred. He said the Fire Service, the Sheriff's Department and the Emergency Medical Service have to have access to Alligator Alley. Mrs. Cacchione suggested, when the Transportation Element is brought before the Commission, that Mr, Perry from the MPO and a repre- sentative from the DOT could be present to address these concerns. Com~issioner pistor said he wanted to be s~re that the onus is on DOT and not on Collier County regarding this subject. Hr. William Morse, resident of Benderson Creek, expressed his interest in the Cape Romano area just below Marco Island. He said there are considerations being given to opening a fish farm off Cape Ramano Island in Gul1ivan and he asked if the restrictions would elimi- nate that possibility? He asked if the restrictions place mosquito Page 6 ~~'_::J a:::J c::::J ........~_"_..._,·...~.'w,' ....,'..........~_ ·' :; -', -"I .., :"-- . ...a." , ," . '... ',' , "---. ,,~, . CJ fill :::::J September 23, 1985 control out of bounds in that area? Mr. Todd Allen, of the Department of COQmunity Affairs, said he was respon.ible for the Big Cyrr.s. Area of Critical State Concern and added he works with the Green Swamp Area of Critical State Concern in Central Florida. He said there have been instanceS of .qua-culture operations in the Green Swamp such as catfish farllls and those have been included under the agriculture exemptions. He said if the project Hr. Morse ~~~tioned was actively engaged in culturing aquatic species it wes'his opinion that would qualify as an agriculture exemption. Mr. ~cse said the project would be a s¿lt water fishing enterprise in the bay off Cape Ramano and the fish would be within a net area. Mr. Allen said, although it was not a formal, legal opinion, he suspected this project would qualify as an agriculture exemption. Res·ponding to Mr. Morse, Commissioner pistor said that Cape Ramano is not in the Mosquito Control District which includes all of Marco Island, Isles of Capri and Marco Shores. COlumissioner Voss said he thought the Mosquito Control District ~as permitted to operate in contiguous areas even though the area i. not in the District on the basis that mosquitoes can fly into an area. Mr. Fred Fagergren, Superintendent of the Big Cypress National Preserve, said the Preserve has worked with the State in the Ar.a of Critical State Concern and he encouraged the Commission to look at this effort as an initial step. He said the Mational Park Service has initiated a General hanagement Plan for the Big Cypress National pr.serve and added, within the next year, the Park Service will bring that document forward outlining goals and objectives for the area within the boundaries of the Big Cypress National Preserve. He said the Park Service hopes, as that genera1 management plan is developed, that it can work with the State and the County to bring the Comprehen- sive Plan in line, for the area inside the boundary of the Preserve, with the General Management Plan so efforts by the County, State and F.deral Government will be consistent as far as the goals and objec- tives. He requested the Commissioners' support for an effort the National Park Service has started with Staff to aee that zoning within the Big Cypress National Preserve is consistent with the Federal legislation which establishes that area so that private citizens ar. not "boxed" between Federal and County regulations. He said much of the area within the Big Cypress National Preserve i. zoned "Agriculture .ST·. He said the National Park Service would not object if a person, ~COK 089 PAGE 590 Page 7 .. '.' ~":'. ., ,0,,' ,;;¡I;I.-:':!: ~,n;·~};~~~~~.~~·¡:fJt:~...';.'~,f.;.~.·~.:.l',~,~,...~.'f~.'?;·:,:; 'j'~ ';': ::;;......~ . ~., '. . --.---- ~ . . ----~ , . ,,,",,,..., .",=.~."_...,,.,,~ , 089 591 September 23, 1985 ~GOK . pm who had property in this area before 1971, remained there. He said legislation allowl those perlons to remain there as long as they are not engage4 in AgrIcultural activity, however, the County zoning requires that the people be engaged in agricultural activity. He said, in order to comply with the County zoning, the people indicat. to the County they are going to engage in agricultural activity which immeði- ately places thelll in conflict with the Federal regulations and requires him to inform the people they are engaged in a detrimental activity which could jeopardize their land ownership. He said the National Park Service would like to find a solution to this problem which would allow the people to remain in the area in accordance with Federal law and would like to see the zoning, as it relates to the Federally owned land, to be so designated as park and preserve lands consistent with these Elements. Responding to Commissioner Voss's question regarding a conflict between a Federal and County law, Assistant County Attorney Cuyler said that the County could proceed against the property owners if they were in violation of County ·regulations and the land use regulations would subject them to penalties set forth. Mr. Fagergren said that the landowner loses in these situations and he described a situation of a property owner selling his property rathar than COllling to the County for a varia~ce because he could not get a building per~it unless he certified he was going to engage in agricultural activity and that he was informed by the National Par\ Se rvièe, if he dij so, he would be in violation of Federal law. Commissioner Holland aske~, under Federal regulations, if a property owner violates the Federal law can the National Park Service, through Federal Statutes, condemn the land and Mr. Fagergren responded affirmatively. He said it is not the desire of the National Park Service to obtain the land because Congress said property owners there in 1971 could remain as long as they were not engaged in detrimental activity. He pointed out that agricultural activity is considere4 detrimental. In response to Commissioner Holland, Mrs. Cacchi~~e said the solution to this problem would probably occur with the zoning Ordinance since the inconsistencies are with the zoning regulations. She said when the Big Cypress Mðnagement Plan is completed Staff will have a batter idea of what will be permitted within the Preserve and Staff can proceed with appropriate zoning category for that area. Page 8 ~ ~ .. .. ..._,--_.....~,,-,.~_.'"~_..,,-- ¥.",,-,..,..,....._- ~-- _~'f _';"'""""''''_'N·'''"''''''''" · . .. ..'. .~ ,'-'. ~~L. . . ....œ~........l'. '_''''. .' -.... , . lEJuoi ~. r:=J Septen¡ber 23, 1985 Responding to Commissioner Pistor, Mr. FAgergr.n said the NAtionAl Park Service has to pay a property owner the appraised value of hi. land if his land il tak.n. He said the land is appraised by either independ.nt appraiser. or professional .ppraisers hired by the National Park Service and the value i. decided by . panel of judges. Mr. Faqergren encouraged that the exclusion, which presently stands for Ochop.e, be deleted. He said that designation on the map was originally drawn at a ti~e when the Big Cypress National Prelerve was going to exclude those areas, but they were not excluded. He .aid there are less than ten families as of 1985 inside that block of land and the rest of the property has been acquired by the National Park Service. ~ said the community of Ochopee no longer exists and the exclusion is not needed. Mr. Fagergren referred to the list of County ordinances which apply within the area under discussion and expressed appreciation of the support of County Staff who have been responsive to the National Park Service's request for assistance where problœs Are identified. lie noted, however, that many tim.s the perception i8 that everything east of U.S. 29 is outside Collier County and that there is no need for enforcement there. He' said the National Park Service welcomes any presence by County inspectors in that area because there are signifi- cant problems there in the way of building and zoning violations. Commissioner Holland asked what the Federal government would do with commercial activities in the Ochopee area and Mr. Fagergren explained if the commercial activities were there .in 1971 they can remain ind.finitely. He said if they are a willing seller the National Park Service can purchase them. He said if the property owners do something detrimental, such as. placement of fill, the National Park Service then takes an interest. In answer to Commissioner Pistor, Mr. Fagergren said Chokoloskee and Port of the Islands are outside the Big Cypress National Preserve and he could not address then¡. Mr. James Leroy Echols referred to Map 2 and the areas designated vested interest and he indicated them on the posted map. He asked what restrictions would apply under the vested interest areas? He said access to those areas when Alligator ^lley becomes 1-75 will become severely curtailed and the County may have to upgrade an existing road in Sections 25 and 36, TS1, R27 which connects with U.S. 41 to allow access into the area south of Alligator Alley when it becomes an ~GO~ 089 PAG, 5Q2 Pag e 9 'COK osn PAGl593 Septelllber 23, 1985 Interstate. Responding to Commissioner Holland, Mr. Echols said, currently, to gain access to the two vested interest areas he uses Alligator Alley, goes down Merritt Road and crosses over to Patterson Road. He said he can also use an improved road that has been main- tained by construction companies that are hauling spoil off the Golden Gate Canal banks and he indicated the location of that road. He said it was his understanding that a cross-over is planned on ~verglades Boulevard and he indicated the long route that would be required to access the property. In answer to Commissioner pistor. Mr. Echols explained he attended a DOT meeting approximately one year ago on the proposed rccreational interchanges and a cross-over was planned for Evcrglades Boulevard at that time. Commissioner pistor said he had never seen such a cross- over. Commissioner Holland suggested that a full report on the potential needs as far as roads arc concerned be presented when the Big Cypress Area of Critical State Concern Element is considered on 10/22/85. Mrs. Cacchione said that the Transportation Element, currently being updated. would be the appropriate section to address the concerns regarding transportation, adding the Element under discussion does not directly relate to transportation improvements or what DOT plans to do. Mr. Fagergren said the DOT has a position currently that could be obtained as to access locations that will beal16wed off Alligator Alley. Commissioner Voss suggested that Staff obtain that information. Mrs. Cacchione said that the vested areas are in the Golden Gate Estates and should be added to the Land Use Section in the Elelllent which describes the various land use dcsignations. She said she would place those areas in that Section before the 10/22/85 public hearing. She said the areas are vested because they are part of the Golden Gate Subdivision. Mr. Charles F Ray resident of port of the Islands. complimented the Commissioners on their consideration of transportation in the area under discussion becausc there are hundrcds of people who live in the area that will have a long way to go for supplies if access is cut off. He elllphaBi~ed that at the CCPA meeting on 9/5/85 there were discussions regarding Port of the Islands and Copeland and the CCPA recommended that those areas be exemptions to the critical Area because they are marked as urban areas on the County map. Mrs. Cacchione said the State Legislature designates the Critical Page 10 r"...,'\J .- ..,¡.:!' =:3 ~ "-" ...._-,-,..,-"'._.~~."..~.~ " '. - .,../ItI.., ,t.. . .. .r.";&' .t.1.. -.' .' '; ,or. . -_.'.-." '.....:- - ¡¡;,:¡J ¡;;;¡ Septemb.r 23; 1985 Are. bound.riel and it would be up to the Boar~ of County Commission.rl to request the Adlllinistration Commission, the Covernor and Cabinet to exempt Port of the Islands and Copeland from the Critical Aree. Mr. Allen said he coul~ not advise as far as exact procedures regarding exempting a particul.r area fro. Critical Area status. Øe .ald he diø~uss.d the 8ituation with the legal staff at the Department of Co~.unity Affairs. He said there are only four possible direction. that could be used to achieve exemptions, one being the determination of vested rights. He said hi. Department recently went through a proçes. with the Port of the Islands relidents on where they stood in regard to vested rights and a detailed agreement wal reached with them. He laid another possible avenue would be Indian areas which he did not think would apply in this situation. He said the other two alternatives would be an approach to the Governor and Cabinet to delete those areas from the Ar.a of Critical State Concern and an approach to the State Legislature to revise Chapter 380 to exclude those areas. He said he could check into the exact proc.dure to be used, if the Commissioners desired. In respon$e to Commissioner pistor, Mr. Allen said as he under- stood Chapter 380 there are several classes of individuals, which could mean a Board of County Commissioners, who can petition for ð boundary revision. He said that the Department of Community Affairs is an agency that could also petition but he said he was not in a position to aay whether or not any of his superiors would support that action. He said if the Board of County Commissioners were to ,amend this Area of Critical State Concern Element to delete Port of the Islands and Copeland that would n"t have any force of law because it WQuld have to be approved by the Governor and the Cabinet. Mrs. Charlotte Westman, representing the League of Women Vote:rs, said the League has supported the Comprehensive plan, a part of which thil Element will become. She said the League has noted with great appreciation the efforts of Staff with regard to the entire subject of the Comprehensive Plan and she complimented the. on their work. She asked if there are other areas within the Golden Gate Estates that are not in the vested area, particularly at the southern portion? Mrs. Cacchione indicated the vested area in the Future Land Use Element on the posted map and said that only a few of the Golden Gate Estates units are found within the Critical Area boundary. Commis- sioner Voss pointed out that all of Golden Gate Estates is vested to ~m 08'9 mE 594 , Page 11 .'.' M."~·' ,"__",,,,..,,,,"" ,,-, '~'." .-< --~...- - ._-,..¡.~~--""'-- ,_, L . " .<dI.'~' .. ' . ....LI.: ",' '. ,-.--, . ' , '" ." I : .. '. " ,. "'~_ n ,._. _, ,.",~,.__..,~~, .,.,~......',..,_.",.",.__..._--,,,,,,"