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Resolution 1996-317 _~ ." ---..---.......1 "'.... ..~_...........-......'- --...._.....-..-...............-- -1__..__ JUL 1 6 1996 RESOLUTION NO. 96-~7 A RESOLUT ION TO ADD AN ADDENDlfH TO THE EVALUATION AND APPRAISAL REPOF~T (EAR) OF THE COLLIER COUNTY GROWTH MJ\NAGEHENT PLAN BY ABEt-WING PARAGRAPH V. C OF THE GOLDEN GATE AREA MASTER PLAN OF THE ruTURJ:: l.AND USE ELF:HENT AND TO TRANSMIT SAID RESOLUTION TO THE SOUTHWEST ,LORIDA 1\%IONAL PLANNING COUNCIL lSWFRPC) AND FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Local C::wcrnment Comprehensive Planning and Land Development Regulation Act of 1985, as ame'nded, (Section 163.3191 et ~~., Florida Statutes (1994) and Rule 9J-5.00S3, I!..orida .n.dministrativ~ Code, E'~'nluation a.nd Appraisal Reports and Evaluation and Appraisa.l Amendments, require that a local government periodically cpdate its comprehensive plan through the preparation and adoption of an Evaluation and Appraisal Report and adoption of Evaluati:m and l\ppraisal Report-based plan amendments: and WHEREAS, the SOL:th'....rest Florida Regional Planning Council (SWFRP:) (lid formally request and entered into a contract with the Department of Community Affairs (DCA) to conduct Rule 9J5.5.0053, LA.C. sufficiency reviews of local government E11illuation and Appraisal fteports upon request of the local governm(~nt; and WHEREAS, Collier County did formally r.equest the delegation of the Collier County Evaluation and P.ppraisal RI~port review to the Southwest rlorida Regional PlAnning Council by the DeparJ....ment of Community J,ffairs; and vlHEREAS, the Department of Conununity Affairs approved the County request for delegation of the J::valuation :lnd Appraisal Report :;ufficiency review to the Southwest Florida Regional Planning Council; ,;:md WHEREAS, Collier County did submit their Evaluation and Appraisal Heport to the Southwest Florida Regional Planning Council for Sufficiency Review on April 12, 1996; and WHEREAS, the Department of community Affairs has recommended that t:he Evaluation and Ap~~aisal Report be fOUtld insufficient due to their concerns over the EAR-based amendments proposed for policies in the Golden Gate Area Master Plan affecting the Southern Golden Gate Estates area; and IDO( O()(hd 11 Amended EAR Reso. - 1 - , 'II: / I . I I" _.__M..._<".~._.. .~.,,"._"_<'_...._~___~_,____.~~, ._,","_,="_,,,,_,~,,.,~,,",__~_.~~.",__,--".'__m._.-_...'_ "~",..-~...._.~~..--"".~.,.~ ,..,,-. ~~.,..._"-._.--,,- -,.-,.. --- --, WHEREAS, Collier County JUL 1 [, 1996 recognizes that the Department of Community J\ffairs may have substantial compliance issues surrounding the EAR-based ;;,ffiendment for Golden Gate Estates as currently outlined and that needed c:ctions by the County would be required to justify the amendment during the EAR-based amendment process. NOW, THERE,ORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Collier County acknowledges and provides the following information on the Evaluation and Apprai~al Report-based amendments for policies in the Golden Gate Area Master Plan regarding Southern Golden Gate Estates: 1. The proposed amendment outlined in the EAR is not global in its impact on land use, environmental issues, public facilities or other goals, policies and objectives of thl~ Collier County Growth Management Plan since it would affl~ct a limited geographic area of ttle County; 2. The ame:1drr\l~nt in question does not affect the internal consistenc:! of the overall Collier County Growth Manageml~nt Plan; 3. The County acknowledges that adequate supporting data an(j analysis is a requirement for a finding of "in compliancl~" for this amendment and all other EAF,-based amendments; 4. There are dpproximately 41,000 acres in Southern Golden (iate Estates. 'fhe Department of Enviro~~ental Protection (DEPl has made 5,400 transactions from June, 1985 through June, 1996, representing a total of 10,950 acres. This represents only 27% of the total acreage over an 11 year period beillg acquired by DEP. If this rate of land acquisitioll continues, it would take 41 years to complete the prograrn. There does not appear from County records to be other comparable sales in the area to determine market: value othel: than DEP. 5. No buildin~l permits have been issued since the adoption of Goal 2 and subsequent objectivE~s and policies in AllgUSt, 19~J2. Therefore, the application review procedure outlined irl Policy 2.2.3 has hnd nc effect because no building p(!rmits have been iSS\led pursuant to that policy. 6. The Object~ves and Policies of the Conservation and Coast:al Management Element are applicallle to development within Collie:- County. Development Orders must be reviewed and be consistent with those policies: a. Objective 6.1: By August, 1992, identify, define and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and s~)ecies protection through negotiations between County staff and development interests as part of the public hearing process. These negotiations are based on provisions in County Ordinances including Ordinance 75-21, the Tree Removal Ordinance; Ordinance 77-66, the Environmental Impact Statement Ordinance; Ordinance 80-19, the Coastal Construction Control Line Ordinance; Ordinance 82-37, !OOl 000,:-;145 Amended EAR Reso. - 2 - .. .~~."._."-" .-..~--". ._>-~-~-"",.- >~."..~-,.,_. .".<_._'.."._~~.".."-"'~-'"~._~'''-'''-''' .~._.~~-~~-^."~..,....,,-~....._.. ~-~- __10..1_- . , , I" I . .. I I I I I ~ I JUL 1 Ii 1996 the f:;wtlc Plants Ordinance: and Ordinance 711-9, the Exotil: Fish Ordinance. b. Objective 6.2: There shall be no unacceptable net loss of vi,3ble naturally functioning marinE! and fresh water wetla~ds, excluding transitional zone wetlands which ere addressed in Objective 6.3. c. Policy 6.2.1: Until such time that Natural Resource Protection programs/plans (Objectives 1.3, 2.5 and 11.6} and development standards for habitat areas (Objectiv(: 6.1) are adopted, the following policies shall serve as interim criteria for incorporation into all developmerlt orders. d. Policy 6.2.2: All wetlands are designated as envit"onmentally sensitive areas. e. Policy 6.2.3: Altered or disturbed wE!tlands are considered to be not viatlo, not natut"ally functionin~l, degrzlded wetland ecosystems. f. Policy 6.2.4: The follNdng policies shall not be construed to prevent timbering operations so long as tirnbr~ring operations util ize the best management prac:ices to minimize the effects on ~/et1ands. g. Poli,:y 6.2.9: Wetlands, including transi tiona1 wetlands, shall be defin(~d pursuant to the current defi~itions of the Floricla Department of Environmental Regulation. h. Policy 6.2.10: Any development activity within a viable naturally functioning frE!shwater wetland not part of .~ contiguous flow way shall be mitigatecl in accordance w~th South Florida Water Management District mitigatilJn rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. i. Policy 6.2.11: For mitigation of freshwater wetlands out5ide of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous &rea, followed by mitigation in the same ~Iatershed, followed by mitigation in adjacent watersheds. j. Objective 6.3: A portion of the 'liable, naturally functioning transitional zone wetland~: shall be preserved in any new non-agricultural development unless otherwise mitigated thrcugh the DER arid the COE permitting process and approved by thE! County. k. Policy 6.3.1: ThE. transitional ..one Hetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Florida Department of Environmental Regulation. 1. Policy 6.3.2: CevelopmE~nt activities within the transitional zone areas shall be miticjated on a case by case basis. 11itigation of trans~tionnl wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement of or restoration of wetland ~lreas, or preservation, enhancement or restoration of importal1t upland nativt~ vegetation communities or wildlife habitat. lOO( lJOl)W, HG Am~nd~d EJ~ Reso. - 3 - ~~ ._~~ ~ . .-,-~,.. ~ -~ ...--- .,,.......- --....-..- ~~""_...,._~_,~..~____.o~.~_,__,'_,_"_~"_."'_~_;.._~ __^__,~_,",_~__~_~'_'__C_.'~__._' JUL I 6 1996 m. Objecti.ve 6. <1: II portion of each viablf~, naturillly funct:ioning non-~Ietland native habItat I:ype shall be presl!rved or retailled as app!"opriate, n. Polil:Y 6.4.1: By the time rnandaterj for the adoption of land development regulations purSuilnt to Chapter 163.:J202 F.S., including any amendHlents thereto Augu~:t 1, 1989, appropdate ordinances shall bl~ modified to requ,irc that viable, naturally functioning native habi':()t communities be identified on all plans for developments requiring site development plans. o. Poli,:y 6.4.2: Flexibility in the form of area tradel)ffs or mitigation should be allowed in the determination areas within developments to be preserved. p. Policy 6.4.3: Require nE!~ developments to submit an,j implement a plan for exot:ic plant remov81 and long-term control. Such implementation nay be considered as mitigation. q. Policy 6. <1. 4: JUlY development proposal in a "ST" zoned area or any other area designated "environmentally sensitiveN shall have a ~ite inspection, where appropriate, by COllnty staff and be reviewed for arproval as defined in the "ST" zoning procedure. r.r'olicy 6.4.5: Developments greater then 2.:25 acres shall be required to receive a tree renloval permit according to the requirements of the Pt.otected Tree Ordinance. Until the adoption of the Compr~hensive Land Dcv~lopment Regulations, tree removal permits shall incclrporated criteria contained in all applicable objE'ctives and policies ~f this Conservation and COlIS tal Man2lgement Element. s. PoU.cy 6.4.7: 1\11 other types of new development shall be required to preserve an appropriate portion of tlle nat~ve vegetation on the site as deterl~ined through the COUflty development review process. Preservation of dif~erent contiguous habitats is t:o be encouraged. When sev(~ral different native plant con~unities exist on sitl~, the development plans will reasonably attempt to pre:5erve examples of all of them if possible. Ilawever, thi:3 policy shall not be interpret:ed ta allow development in wetlands, should tile wetlands alone constitute more than the portion ()f the site required to be preserved. Exceptions shall be granted for parcels which cannot reasonably accommodate both the preservation area and tlle propose1j activity. t. Policy 6.4.8: Agricultl1re shall be exempt from the above preservation requirements provided ttlat any new clearing of land for ag=iculture 3hall not be converted to non-agricultural development f')r at least ten years. For any such conversion:) in less than t~n years, any County-imposed restoration measures of the site must be restored to native vegetation. u. Policy 6.5.1: Priorities for incorporating non-no>:ious native vegetation into landscape design shall be al; follo'....s: (1) The first choice is to keep and enhance existing native habitats on site and intact ior incorporation into the landscape design. (2) If this is not practicable, then consideration should be given to transplanting existing species to another location on site. (3) If this is not practicable, then attempt to use Amended EAR Rese. (JOO w 1.17 !OO( - 4 - .......,.~.,' -- ._,IW._~~"",__,,___'_.J1l"__"~fII'll__._. _. ~ ~ 1IIl"'l'!: . I_III.~I"U... JUl 1 6 1996 llativc species to rCl:rcatc lost native llabitat. (4) If recreating the nal:ive habitat is not practicable then the new landscBI)Q design shall incorporate the use of plants that promote "xeriscape" principles. v. Poli.:y 6.5.2: Landscar;€ ordinancl~5, will identify specific plant coverage arId assemblage requirements. w. poli.;y 6.7.1: The County shall c00[clinate with adjacent counties, State and Federal. agencies, other owners cf land.s held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located alol'g the County's border by controlling water levels and enforcing land develop~ent regulations ~ith regard tt\creto. x. Policy 7.3.3: By the tim(~ mandated for the adoption of land development regulatic)ns pursuant to Chapter 163.J202, LS., incllldin'J any amendments thereto, the County I>lill prepare manag('ment guidelines to be inco=porated as stipulaticlns for land development orders and to inform land owners and the general public of proper practices to reducf~ disturbances and the general public of proper practice~: to reduce disturbances to eFJgll~ nests, rcd-cock,)d(~d woodpeckers. Florida panther, and IVQod storY. habitat. Ily January 1, 1992, the County will complete the preparat:ions of management guidelines for ()ther species of specj.al status. y. Policy 7.3.4: Until management guidelines are prepared, the County will evaluate ilnd ap~ly applicable recor:unendations of Technical Assistance to Local Govern- mentr and u.s. Fish and Wildlife Service federal guidelines regarding the (,[otection of species of special status as stipulat:ions to development orders. z. Poli\:y 7.3.5: The County's policy is to protect gopher tortc)ise burrows wherever t~?y are fOtlnd. It is recoqnized, however, that there will be unavoidable conflicts which will require relocation of burrows. The suitability of alternate ~ites should be evaluated as to: (1) physical suitability of the site, (2) long-term protection, (~) conflicts with other management abjectives for the land, and (4) costs of relocation. aa. Policy 7.3.6: A species survey to include at a minimum, species of special status that are known to inhabit biological communities sirrilar to those existing on site and conducted in accordance with the requirements of the Flor:da Game and Fresh Water Commission shall be requ~red for developments greater thall 10 acres as (,art of ttle County's EIS review process. bb. Policy 7.3.7: The County shall notify the Florida Game and Fresh Water Fish Commission of the existence of any species with special status that ~ay be discovered flS a result of the species survey required in Policy. 7.3.6. ce. Policy 7.3.8: By July 1, 1990, the County will review and revise, if necessary, its existing Ordinances regulating exotic species (Ordlnanc,~ 82-J7, The Exotic PlAnt Ordt~ancel, Ordinance 74-9, Tile Exotic Fish Ordinance, Ordinance 82-2, the Zoning Codel, which provide for appropriate possession, use, and harvest:ing of undesirable exotic species, as identified by ordinance. Amended EAR Reso. !OO( 000" 1MJ - 5 - JIJL 1 6 1996 dd. Pali':y 7.3.9: The County will support the efforts of the 'J.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the kncwn halli:at for the County's Florida Panther as "Areas of F:n',li:onmental Concern" on the County's Future Land Use H.ap. ee. PoLicy 10.2.3: Area~ of service for public facilities shall concentrate on urban designated areas. Service areas for potable water anci sewer shall tle those established in the Public Facilities Element. ff. Policy III .l.l: There shal: be no unnecessary dupli- cation of existing regional, state (J[ federal permitting programs. This Resolution adopted this /~ Of~~ 1996 after i:lotion, second and majority vote. I\.TTEST: BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, ,LORIDA < ", pRi,~~6L~' @(, ;'(1(;; "'~ .... He," ""'"'' , .-/<-/." '/?:~% ----. , ~::::: /......" -?'--::: -_/ r .~_c C _/- '- r-- -.,"- ----~~ C. NORF,IS, CHAIRJ1A.N By:_ j"'HN }\pproved' as to, form a=1d legal s0.fficie'ncy: 1~2n~d'.Ud:- ~!arj~l~ M. Student Assistant County Attorney !OO( OOlJr,d40 Amended EAR Reso. - 6 - I , I', " . If':! . Ii':. <t I .: .' ~ I '~l ' I t I.. , " '! . I ,