Ordinance 99-82ORDINANCE NO. 99- 82
AN ORDINANCE APPROVING INTERIM AMENDMENTS
TO THE COASTAL AND CONSERVATION MANAGEMENT
ELEMENT, THE FUTURE LAND USE ELEMENT, FUTURE
LAND USE MAP, GOLDEN GATE MASTER PLAN
ELEMENT AND RELATED MAPS AS APPROPRIATE OF
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN
TO: PROVIDE A DEFINITION OF INTERIM NATURAL
RESOURCE PROTECTION AREAS, MAP NATURAL
RESOURCE PROTECTION AREAS AND ESTABLISH
PERMITTED LAND USES FOR THESE AREAS; PROVIDE
FOR AN ASSESSMENT OF ALL RURAL/AGRICULTURAL
AND CONSERVATION AREAS OUTSIDE OF THE URBAN
DESIGNATED AREA, SOUTH GOLDEN GATE ESTATES
AND THE BIG CYPRESS AREA OF CRITICAL STATE
CONCERN AND TO ESTABLISH INTERIM DEVELOPMENT
REGULATIONS FOR THESE AREAS UNTIL THE
ASSESSMENT IS COMPLETED AND THE GROWTH
MANAGEMENT PLAN IS AMENDED ACCORDINGLY.
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 not in compliance
as defined by Section 163.3184(1 )(b), Florida Statutes; and
WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued
its Notice and Statement of Intent to find certain EAR-based Objectives and Policies to the Growth
Management Plan not in compliance; and
WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA p~iti~)ned
for a formal administrative hearing to review the EAR-based amendments found ir~ 'non-
compliance; and
WHEREAS, the petition was fo~arded to the Division of Administrative He_~s
(DOAH), an Administrative Law Judge was assigned and a five-day formal administrative he~'~g
took place in May 1998; and
WHEREAS, 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 matter was considered by the Governor and Cabinet sitting as the
Administration Commission on June 22, :999 pursuant to Subsection 163.3184(10)(b), Florida
Statutes; and
WHEREAS, pursuant to Subsection 163.3184(1!), Florida Statutes, the Administration
Commission is authorized to take final agency action regarding whether or not comprehensive
plan amendments are in compliance; and
Words underlined are additions, words "..truck thrcugh are deletions, and ~ and underlined
portions are additions in response to the October 22, 1999 ORC report from the Department of
Community Affairs.
WHEREAS, the Administration Commission, upon review of the Record of the
administrative hearing, the Recommended Order including the Findings of Fact and Conclusions
of Law contained therein also found the EAR-based objectives and policies at issue not in
compliance; and
WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order
directing Collier County to transmit to the DCA said Interim Amendments to the Growth
Management Plan by September 14, 1999; and
WHEREAS, Collier County prepared and the Collier County Planning Commission
considered the proposed Interim Amendments to the Growth Management Plan pursuant to the
authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said
Interim Amendments to the Board of County Commissioners; and
WHEREAS, that on September 14, 1999 the Board of County Commissioners approved
said Interim Amendments for transmittal to the DCA; and
WHEREAS, upon receipt of Collier County's proposed Interim Amendments, the DCA has
thirty (30) days to review the proposed Interim Amendments and DCA must then transmit, in
writing to Collier County, its comments along with any objections and any recommendations for
modification, within said thirty (30) days pursuant to the Final Order of the Administration
Commission; and
WHEREAS, Collier County on October 22, 1999 received an Objection,
Recommendations and Comments (ORC) Report from the DCA, containing an Objection
regarding the delineation of Natural Protection Resource Areas (NRPAs); and
WHEREAS, Collier County must now adopt, or adopt with changes the Interim
Amendments, within thirty (30) days of such receipt pursuant to the Final' Order of the
Administration Commission; and
WHEREAS, the Collier County Planning Commission has considered the proposed
Interim 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 Interim Amendments
to the Board of County Commissioners; and
SECTION ONE: INTERIM AMENDMENTS AND RELATED MAPS
The Interim Amendments end related maps are attached hereto and Inoorporeted by
reference herein as composite Exhibtt A.
SECTION TWO: SEVERABILITY
If any phrase or portion of this Ordinance is held Invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE
Words underlined are additions, words ''+ .... ~- °~' ..... ~'
............. ~,., are deletions, and [~ and underlined
portions are additions in response to the October 22, 1999 ORC report from the Department of
Community Affairs.
The effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding this amendment in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent on this amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective by adoption
of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3~ Floor,
Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County this,~ ~day o~/~' , 1999.
ATTEST:
DWIGHT E. BROCK, Clerk
': ~ ", ~Approved as.t~ for~ and legal su~ciency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE,
Chairwoman
This ordinance flied with the
,,,~ecretary of Office t
and acknowledgement of that
filing ceived thi ~ day
Words underlined are additions, words.., ~' .... .v..~' "'.. ,. ..... v.u.~', are deletions, and ~h~]~J.. and underlined
portions are additions in response to the October 22, 1999 ORC report from the Department of
Community Affairs.
Exhibit A-1
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
FUTURE LAND USE ELEMENT
Prepared By
Collier County Comprehensive Planning Section
Planning Services Department
October, 1997
Re- Adopted September 14, 1999
Final Adoption CP Remedial R-99-2
November 23, 1999
AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN
Symbol
FUTURE LAND USE ELEMENT
Date Amended
Ordinance No.
*INDICATES ADOPTED PORTIONS
NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION
BECOMES AVAILABLE.
Words underlined are additions, words_.. ~ .... _v..~- ~'.... ..... v.:=.r', are deletions, and ~ and underlined
portions are additions in response to the October 22, 1999 ORC report from the Department of
Community Affairs.
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 Ddve;
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 4.6:
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 data base shall be a forecast of the
geographic distribution of anticipated growth.
policy 4.9
Prepare a Rural arid Agricultural Area Assessment. or any ohase thereof,.end adopt r~lan
amendments necessary to imr)lement the findings and results of the Assessment. or any r~hase
thereof, pursuant to the Final Order ¢AC-99-002~ Issued bv the Administration Commission on June
22. 1999. The aeoara~)hic scor)e of the assessment area. oublic oarticii3ation procedures, interim
develooment orovisions, and the designation of Natural Resource Protection Areas 0ri the Future
Land Use Map are described iri detail in. the...AgriculturallRural Destql3..atiorl Description Section,
Policy 4.!0
Public oarticiDation and input shall be a primary feature and .qoa! of the planr~ing .a. nd assessment
.effort. Representatives of state and reqio.nal agencies shall be invited to participate and assist iq
the assessment. The County shall ensure corrlrnurlity input throuc~h each ohase of the Assessment
which may include workshoos, public meefinqs, al313ointed committees, techrlical workinq ~r_ou~3s.
and established advisory boards inc!.udin._q the Enviropmental Advisory Committee and the Collier
County Planning Commission in each phase of the Assessment.
OBJECTIVE 5:
In order to promote sound planning, 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 CommissionerSshall not be
permitted.
Policy 5.3:
Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities
by contining urban intensity development to areas designated as Urban on the Future Land Use
Map, and by requiring that any changes to the Urban Designated Areas be contiguous to an
existing Urban Area boundary.
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 91-1.02,
adopted October 30, 1991, as amended.
Policy 5.5:
Encourage the use of existing land zoned for urban intensity uses before permitting development of
other areas. This shall occur by planning for the expansion of County owned and operated public
facilities and services to existing zoned land before servicing other areas.
Policy 5.6:
Permit the use of cjuster housing, Planned Unit Development techniques, 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
innovative land development techniques.
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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 criteda 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 majodty 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 that follow.
bo
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);
4. Child care centers;
5. Community facilities such as churches group housing uses, cemeteries, and schools and
school facilities co-located with other public facilities such as parks, libraries, an(;l'
community centers, where feasible and mutually acceptable:
6. Safety service facilities;
7. Utility and communication facilities;
8. Earth mining, oil extraction, and related processing;
9. Agriculture;
10. 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 Traffic
Circulation Element, direct principal access defined as a driveway and/or roadway
connection to the arterial road, with no access points from intervening properties;
(c) The use will be compatible with surrounding land uses.
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
1'7
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;
Io 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 ParkSubdistdct
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 criteda set forth under
the Business Park Subdistdct in the Urban-Mixed Use District.
II. AGRICULTURAL/RURAL DESIGNATION
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 are permitted in this District, subject to the Intedm Development prOvisions:
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:
· 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 8tata Requirements for Educational Fadlities 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;
ko 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
31
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;
commercial uses, within the Rural Commercial Subdistrict, based upon criteria;
Industrial uses within the Rural - Industrial 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 artedal in the Traffic
Circulation Element, direct principal access defined as a ddveway and/or roadway
connection to the artedal road, with no access points from intervening properties; and,
3. The use will be compatible with surrounding land uses.
,A. Agricultural/Rural - Mixed Use District
Rural & Aaricultural Area Assessment
The Governor and Cabinet sitting as the Admirlistratiorl 'Commission. on June .2.2, 1999, Issued the
Final Order {AC-99-002) oursuant to Section !63.3184(10)(bl. Floflda Statutes. in Division of
Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, c_,~..llier County is recluired to
prepare a Rural and Ac3ricultural Assessment (Assessment1, This Assessment may be Phased,
The Geographic Scope of the Assessment Area shall be as follows:
Includes: All lard designated Aqricultura!/Rural
Bi.q Cypress Area of critical S.tate Concern
Corlservafior~ larlds outside the Urban Boundary
South Golden Gate Estates
EXcludes; All Urbarl desiql~ated areas
Northern Golden Gate Estates
The Settlement District
The Assessment. or any ohase thereof, shall be a collaborative, community-based effort with fu!!
and broad-based oublic oarticioation and assistance from eDDItcable State and Reaional aaencles.
At a minimum, the Assessment must identify the means to accomplish the following:
1. Identify and oroDose measures to orotect Ddme aadcultural 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 quail _ty and quantity and maintain the natural water regime as well as to orotect
listed animal and plant species and their habitats,
3, Assess the qrowth poterltial of the Area by essesstn.q the poterltial corlversion of rural
lands tp other uses, ir! appropriate locations, while discouraging urban sprawl.
directing irlcompatible land uses away from critical habitat and encoureginq
..development that utilizes creative land use planning techniques Including. but not
limited to. public and pdv_ate schools, urban yiltages, new towns, satellit~
communities, area-based allocations, cjustering and open space orovisions and
32
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 a.cldcU!tuml
and other predominantly .rural land uses, and prpvide for the cost efficient delivery of
public facilities and services.
Interim Development Provislons for the AgriculturallRural Assessment Area
Amendments based on the Assessment shall be completed by June 22, 2002. Residential and
other uses in the Area for which completed ..applications for development approval, rezoni_ng.
.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 c~..nsidered under the Comprehensive
plan as it existed on Jun..e 22, 1999. If the county ..elects to address a .specific geogral)hic oortlorl of
the Area as a phase of the Assessment, the interim land use controls shall be lifted from ,the
specific geo;raDhic area upon completion of the applicable phase of the Assessment and the
implementinq Comprehensive Plan amendments for that phase beco .ming effective. Until the
Assessment is complete and comprehensive plan amendments to implemerit the Assessment, or
any phase thereof, are in effect, the only larid uses and develoPment .a..l!owable in the area shall be
those set forth in the Aqricultural/Rural Mixed Use District and the Land Development Code
{Section 2.2.2) in effect on June 22, 1999 for the A,qdcultural/Rural District, except .the following
uses are prohibited and shall not be allowed:
1. New golf courses or ddvinq ranges.
2. Extension or .new provision of cent.ral 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 publicl¥-owr~ed land, or one si.rigle family dwelling..unit
per lot or parcel created pdor to June 22, 1999,
5. Commercial or industrial development except gas and telephone facilities, electric
transmission and distdbutiori facilities, emergency power strp. ctures, fire and police
stations, emergency medial stations.
6. Transi.e.nt residential such as hotels, motels, and bed and b.reakfast facilities.
7. Zoo, aquarium, botanical qarden, or other similar uses.
8. Public arid private schools,,
9, Collectiori arid trarisfer sites for resource recovery,
10. Landfills
.11, Social and fraternal orq~nizations.
,12. Group care facilities.
.13. Sports Instructional schools and camps,
14, Asphalt arid concrete batch making_ Dl~!ritS,
.15,, Recreational Vehicle Parks
These Interim development standards shall not affect or llmlt the continuation of exlstlna uses.
Existing uses shall also include those uses for which all re(lulred permits have been Issued. or use~
j'or which completed applications have beer recelved by the County prior to June 22, 1999. The
.continuation of existirlg uses shall include expansioris of those uses If such ,expanslons are
_.consistent with or clearly ancillary to the existing use and do not require a rezoning or
_com..prehensive plan amendment.
Inte. r!m Natural Resource Protection Areas (NRPAs)
The followin~ areas shall be {3enerallv mapped end Identified as Natural Resource Protectiorl Areas
{NRPAs):. Camp Keais Strand, CREW Lands, Okaloacoochee Slough, Belle Meade and South
Golden Gate Estates.
33
Natural Resource protection Areas (NRPAs) are desi,qnated or} the Future LaRd Use Map;
!, Within these areas, only aqriculture ai3d directly-related uses and one single family dwelling unit
per parcel or lot created prior to Ju.ne 22, 1.9.99, shall be allowed;
2 These interim development standards shall Rot affect or limit the contlr}uatiofl ,of existing uses.
Existin~l uses shall also include those .uses for which al! required permits hav...e been issued, or
uses for w. hich completed ,applications have been received bY the County orior to June _22,
.1. 9J)9. The continuation of existin.q uses shall include expansions of those u,s..es if .such
.expansions are consistent with or clearly ancillary to the existing use and do. riot require a
rezonincj 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 a.nalysis is made available dudno the Collier County Rural and A.Clrjcultural Area
Assessment.
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 subjec,t to the interim development provisions as follows:
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.,
bo 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 faciliUes 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;
f. Recreation camps as defined in, and at the density allowed by, the Land Development Code.
g. ~xistino units approved for the Fiddler's Creek DRI may be reallocated lO those Darts ~)-f
Sections 18 and 19. Township 51 South. Ranoe 27 East added to Fiddler's Creek DRI
tooether with Dart of Section 29. Township 51 South. RanGe 27 East. at a density 0reater than
1 uriit per 5 ,qross acres provided that no new units are added to the 6,000 previously
apr)roved units, which results In a oross density of 1,6 units Der acre for the Fiddler's Creek
DRI; and further orovided that no rasidential units shall be located on that ;)art of Section 29
within the Fiddler's Creek DRh and further orovided that South Florida Water Manaoement
District jurisdictional wetlands Impacted by the DRI Jn said Sections do not exceed i0 acres,
1. Rural Commercial Subdistrlct
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 provisj,ons:
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 use~~ 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 - 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, subiect to the interim development provisions, provides 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
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;
Support commercial uses, such as child care centers and restaurants.
C, Rural -. Settlement Area District
This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 8outh, 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 prope._r_ty has
been "vested" for the 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 criteda
and development standards for specific land uses.
35
IV. CONSE.RVATION 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 and wetlands 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 owned, primarily, 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 Designation may
periodically change as properties are acquired.
.Standards 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 permitted in this Designation, subject to the interim development pro. visions
identified in the A_qdcultural/Rura.! Desiqnation Descriptiorl Section:
Single family dwelling units, and mobile homes where the Mobile Home Zonlng Oveday 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 Preserve - 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 Preserve.
b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with
conservation 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;
d. Staff housing in conjunction with safety service facilities and essential sewices, at a d.e_nsity in'
accordance with the Land Development Code;
e. Farm labor housing in accordance with the Farm Labor Housing provision In the Land
Development Code;
f. Recreation camps as defined in, and at the density allowed by, the Land Development Code.
g. Essential services as defined in the Land Development Code;
h. Parks, open space and recreational uses;
i. Community facilities such as churches, group housing uses, cemeteiles; and schools which
shall be subject to the following 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.
· 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.
36
T 40 S t T 47 S I T 48 S t T 49 S I T 50 S I T 51 S I T 62 $ I T ~3 8
~oo [] []
oOmm~
o$
809J.
M¢~cic°
Exhibit A-2
GOLDEN GATE AREA MASTER PLAN
Prepared for
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Adopted October, 1997
Re-adopted September 14, 1999
Final Adoption CP Remedial R-99-2
November 23, 1999
AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN
GOLDEN GATE AREA MASTER PLAN
Symbol
Date Amended
Ordinance No.
*INDICATES ADOPTED PORTIONS
NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT
INFORMATION BECOMES AVAILABLE.
Words underlined are additions, words ct.-'.:'c~ th:c'.:'~,h are deletions, and ~ and
underlined portions are additions in response to the October 22, 1999 ORC report from
the Department of Community Affairs.
lB. LAND USE DESIGNATION DESCRIPTION SECTION
The following section describes the three land use designations shown on the Golden
Gate Area 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 criteda in the Land Development Code or in
special studies completed for the County.
1, URBAN DESIGNATION: URBAN MIXED USE AND URBAN COMMERCIAL
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 majodty of population growth
and that new intensive land uses be located within them.
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, and hurricane risk,
· existing and proposed public facilities,
· population projections, and
· land needed to accommodate growth.
The Urban Designation will also accommodate future non-residential uses including
essential services as defined by the most recently adopted Collier County Land
Development Code.' Other permitted non-residential land uses may include:
· parks, open space and recreational use;
· water-dependent and water-related uses;
· child care centers;
· community facilities such as churches, cemeteries, schools ,al3d school facilities co-
located with other public facilities such as parks, libraries, and commurlitv centers,
where feasible and mutually acceptable, fire and police stations;
· utility and communication facilities.
· support medical facilities such as physician's offices, medical clinics, treatment,
research and rehabilitative centers and pharmacies (as long as the dominant use is
medical related) may also be permitted provided they are granted concurrent with or
located within ~ mile of existing or approved hospitals or medical centers which offer
primary and urgent care treatment for all types of Injuries and lraumas, such as,'
Golden Gate Urgent Cam. StiPulations to ensure that the construction of such --
support medical facilities are concurrent with hospitals or such medical centers shall
be determined at the time of zoning approval.
· Group Housing shall be permitted within the Urban Mixed Use District and Urban
Commercial Districts 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 Iocational requirements in Florida Statutes (Chapter 419.01
F.S.). Group Housing includes the following type facilities:
· Family Care Facility if occupied by not more than six (6) persons shall be
permitted in residential areas.
· Group Care Facility,
· Care Units,
10
2. ESTATES DESIGNATION
This' designation is characterized by Iow density semi-rural residential lots with limited
opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are
some legal non-conforming lots as small as 1.14 acres. Intensifying residential density
shall not be permitted'..
The Estates Designation also accommodates future non-residential uses including:
· Conditional uses and essential services as defined in the Land Development Code,
· Parks, open space and recreational uses,
· Group Housing 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 Iocational requirements in Florida Statutes
(Chapter 419.01 F.S.).
· Schools and school facilities in the Estates De.s!gnation porth of !-75,. an.d ..where
feasible and mutually acceptable, co-locate scho..ols with other public facilities, ,such
as parks., libraries and communiN centers to the extent possible.
Group Housing includes the following type facilities: · Family Care Facility if occupied by not more than six (6) persons shall be
permitted in residential areas.
· Group Care Facility,
· Care Units,
· Adult Congregate Living Facilities, and
· Nursing Homes.
All of the above uses shall be consistent with all of the Goals, Objectives and' 'Policies of
the Golden Gate Area Master Plan.
*a. Estates-Mixed Use District
1) Residential Estates Subdistrict - Single-family residential
development may be allowed within the Estates Mixed Use Subdistrict at a
maximum density of one unit per 2% gross acres unless the lot is considered
a legal non-conforming lot of record.
2) Nelflhborhood Centers Subdistrlct - Recognizing the need to
provide basic goods and services to Estates residents, Neighborhood Centers
have been designated on the Golden Gate Area Future Land Use Map. The --
Neighborhood Center designation does not guarantee that commercial zoning will
be granted. The designation only provides the opportunity to request commercial
zoning.
a) Location
The locations are based on Intersections of major roads and spacing criteria
(See Map 9). The centers are designed to concentrate all new commercial
zoning in locations where traffic impacts can be readily accommodated and to
avoid strip and disorganized patterns of commercial development.
· The node at the NE quadrant of Wilson and Golden Gate Boulevards
is approximately 5 acres in size and consists of Tract 1, Unit 14,
Golden Gate Estates.
23
c)Conditional uses shall be limited to Neighborhood Centers subject to the
following:
· The project shall provide adequate buffering from adjacent properties; and
· Projects shall coordinate access management plans with other projects within
the Neighb~)rhood Center nodes to facilitate a sound traffic
movement pattern.
d)
The
·
·
Conditional uses may be granted in Transitional Areas. The
purpose of this provision is to allow conditional uses in areas adjacent to
non-residential uses generally not appropriate for residential use. The
conditional use will act as a transitional use between non-residential and
residential areas.
following criteria shall apply for Transitional Conditional Use requests:
Site shall be directly adjacent to a non-residential use (zoned or developed);
Site shall be no closer than ½ road mile from the intersection of a
Neighborhood Center;
· Site shall be 2.5 acres or more in size and shall not exceed 5 acres;
· Conditional uses shall be located on the allowable acreage directly adjacent to
the non-residential use;
· Site shall not be adjacent to a church or other place of worship, school, social
or fraternal organization, child care center, convalescent home, hospice, rest
home, home for the aged, adult foster home, children's home, rehabilitation
centers; and
· Site shall not be adjacent to parks or open space and recreational uses;
· Site shall not be adjacent to Essential Services, except for libraries and
museums.
· Project shall provide adequate buffering from adjacent properties allowing
residential uses.
Southerll Golden Gate Estates Natural Res. purce Protectlol3 Overlay
.Southern Goldell Gate Estates is identified as all Natural Resource Protection
Area (N RPA} Overlay on the Golden Gate Area Future Land Use Map, Natural
Resource Protection Areas (NRPAs) are deslc~nated on the GolclPrl Gate Area
l-arid Use Map; · * [;
1. Within these areas, only aorlculture and directlv-relatei:l uses and one sinOle
family dwellinc~ unlt ~)er oarcel or lot created ~)rior to june 22, 1999. shall be-
allowed: ~. *
2. These intedm develor~ment standards shall not be Inte~mreted to affect or limit
the continuation of existing uses. Existing uses shall Include those uses for
which all reouired r)ermits have been Issued.or uses for which comr)let.ed
aoolications have been received by_. the County r~rior to June 22, 1999.. The
continuation of existina uses shall include exr~ansiorls Of those uses if such
pxpansior~s are consistent with or clearly anci!!ap/to the existincl use and do
pot require a rezonin.q or corpprehensive plan amendment:
3, Th .e...se.preps shall be refined as actualdata and analysis is ITlade available
during the Collier Co.untv Rural and Agricultural Area Assessment~
28
MAP 11
GOLDEN GATE AREA
FUTURE LAND USE MAP
LEGEND
NAPLE~ IMMOKALEE ROAD
/ -
r'
GOLOF. N GATE PARKWAY
PROFESRIONAL OFFIGE ~
COMMERCIAL DISTRICy
DAVIS BLVD, EXT. 8.R.-84~,~'
GOLDEN GATE
WHITE BLVD.
GOLDEN GATE AREA
FUTURE LAND USE MAP
NAPLES IMMOKALEE ROAD
I
RANDALL
RANDALL GOULEVARD
COMMERCIAL DISTRICT
BOULEVARD
8.R.-84
lOlL WELL ROAD
BOULEVARD [
R26E
R 27E
R28E
Exhibit
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
OCTOBER, 1997
Re-adopted September 14, 1999
Final Adoption CP Remedial R-99-2
November 23, 1999
AMENDMENTS TO GROWTH MANAGEMENT PLAN
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Symbol Date Amended
No.
Ordinance
*INDICATES ADOPTED PORTIONS
NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT
INFORMATION BECOMES AVAILABLE.
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 r~view 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 )rivate
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:
~~~~j~ll complete the phased delineation, data gathering, management
guidelines and implementation of the "' .... ~., ~,,.~ .... , o ......... "'P"*""~""" ^-'-o (NRPA.)
Federal agencies' efforts to protect endangered or potentially endangered species (as
listed in current "Official List of Endangered and Potentially Endangered Fauna and
Flora in Florida", published by the Florida Game and Fresh Water Fish Commission,
predecesso~ a~ 6flor or, the F!~ridaYEiSh!a ~d~..Wil~!ife~o0nse~atie,i,~o m'~"!'~) and tl~i~
habitats.
2
Words underlined are additions, words :_'a'.:c~ :~ce::;~ are deletions, and ~h~q and underlined portions are
additions in response to the October 22, 1999 ORC report from the Department of Community Affairs.
PU r~bari t .;io; the'.~ A'dh3¥Cii~'frafiom c6i~irnl§{r6il~~~~
identified the Cam;)Keais Strand,~
and South Golden Gate Estates.as
the Rural,and Agricultural Assessme.nti~eAs~essment)~.requitea~6~:~tl~e~ fi~a!~Cji~aer;:~[t~
goal of assisting i~ the Protectior
addressed and that ia
Comprehensive plan amendments to' be.~
In the interim, and the Asses~
Final Order and, in. Ordinance 99;7'
amendments are,: ado
restrictions that a
protection
)rehensive
comprehensive' Dro.clram th'e
program and its criteria and
provide adequate protection
Policy 1.3,1:
The Program will
include the following:
a. Identification of the NRPAs in map form as an overlay to Future Land Use
Lands, ~ Okaloachoochee~;Slou~h'~ Bell~:~Meade~fi~~~
been mapped and identified as NRPAs¢6n~the E~t~~'~~
be fu~he~,refined as the Assessment~ is !~plemen~d~as:
baSed effO~
3
Words underlined are additions, words .".t:'..:c'_' th:c=~,.~ are deletions, and ~.~ and underlined portions are
additions in response to thc October 22, 1999 ORC report from the Department of Community Affairs.
Stoyepipe Study Area:
(a) eXamin6?the level,of'e~istirig~a'n~d';P6~iffed;a~Hbblf~,r~l.=i~'Prove~ents and
i..mpacts on liSted species and their habitat;
(b)
affords sufficient protection to
. (c) examine - the
.Federal
consel
(d) , ....
appropriate in-this
(e) exam,
Whether such a.qricult.Ural
(f) examine and
.Oil Well Road
an~
al Wildl
SU
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;
d. A review process, integrated into the normal development application
review, to insure 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 the State
and Federal Permitting agencies for local regulation of activities that may alter the
biological and physical characteristics of NRPA~;
4
Words underlined are additions, words strut!: :.~.:c~:g~ are deletions, and ~li~ and underlined portions are
additions in response to the October 22, 1999 ORC report from the Department of Community Affairs.
g. The County shall seek assistance from and support State (e.g.,
SOR) or Federal land acquisition programs for County areas qualifying as NRPAs.
The
protect
time are of an interih~ natt
the Fi
a
anticipated that the Assessment
the resultin, )rehensive
measures best suited to meet the
Carl
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.
5
Words underlined are additions, words ~,,~.,:c'.~ *A;c,=~,h are deletions, and ~a~ and underlined portions are
additions in response to the October 22, 1999 ORC report from the Department of Community Affairs.
"'. '~. DE. PT OF ~ f~'FFII'R~, Fax:BS04~
Oc~ 22 1999 15:16 P. 02
ATTACHMENT 1
8TASTE OF FLORIDA
· DEPARTMENT OF COMMUNITY AFFAIRS.
'Helping Flortdl;,ns create safe, vibrant, sustainable oommunitie's"
JEB BUSH ~TKVEN Id.
Scrota. 22, 1999
..Tho Hong. rabl~ P-re*la S. Ma, fKi,, Clmirwoman
Collier County Board of County Commissioners
Collicr County
2800 North Horseshoe Drive
Naples, Florida 34104
De~r Chair Mae'Kaz:
Tho Depa. t~-~ttt has completed its z~-view of th~ pmpmed Compr~.msivo Plan~.Amendment
for Cotlicr County (DCA No. 99-R2), which was recoived on S=ptember 23, 1999. Copies of rrm propg~
~ have bccn distributed to appropriate sta~., regional and local agencies for their revicw, and ..
their comracnts ars enclosed.
Wc thank Collier C~mty ~or the efforts it has made to work with cidzem and ~ parties.to
amplest, ut thc Administration Commission's Final Order ACC-99-002. Durin~ our ro~iew of.d~ County's
proposed amcadmeut% we ro~ived comments from intor~t pszties omi their repres _e~tt~_.t!ves sad m~t .~ith
your st_=~ I bcliov~ wo understand bow much ~fort has been put into this armmdnumt' ami how tim Boa~
of County Commissioners and citizcns strusslcd with d~ermi-i._= what areas aro appt;opfiat~ for inclusion
as Natural Resource Protection Areas (NRPAs). By law, however, we am ~luired to ~:to your .:'
proposed NRPAs in aa Obj,:riots, R~omme~on, and Commmts (ORC) Report. I am mclosi~ th~
Dcpartmcot's ORC Repo~ ismcd pursuant to Ruto 9J*l 1.010, Florida Administm~xe Cod~ and the Sfat~
Administration Commission's Final O~i= ACC-99-002. Wo hav~ raised on~ objection r~mli~a tho
for ddineation ofl~PAs ~vttl~ three SeoSraphlo ar~s. Wo ~lly ask that you provide ti~ "
alt~viate our concerns.' .:
waut DCA's ~ ovecd~NRPA dclinmtioo litm to dcmfl the cqllabomtivo procoss taldl~plstce
your county, Willlc tim NRI~A~ at this juncture may bo aa impuslam stcp. ln the proco~ v~. all
dations for standards that wilt suide n~w devdopmmt whilo pm~ctinS natural s~sources and ecotosical.
ftm~ms will emblish tho tdtimat~ plaunl~ ~es. We trust dudns tim As~smm~ dm immim '.'
I and my staffwould Elm to work wiflt dm ~mnty, its citi3mm, and jnteresloci proxies to rmolvo
not only our questions cono~Rin8 tim proposc4 NRPAs but thro,,~ tho Amse~sme~. TI~ ~
was envisioned by tim ~3ove mot ~,d Cabinet as a collaborative, communiw-bascd process, and it is
absolutely.essontlal that all pardes muain atdm table workln8 throus~h diffcrcoces in ord~ m~]:
21145 GHUMARD OAK BOULEVARD · TALLAHABeEB, FLORI~DA aaall-all~.
Phono: (o§o) 486--Is40618unoom 278-S406 FAX: (850) OZl-OTellS~noom 201-0791
Intmrne~ address: http:llwww.mtltm.fl.Umloomaffl .::
The.. Honorablo Pamela Mao'Yde, Chair
0dtobcr 22, 1999
Page Two
As roo, uired by law, within ton working days of tho dato of adoption, Collior County must aubmk..
following ~o tho Depa~m~t:
copy of thc adopdoa~ ordinanco;
A IJsti~ of additional chans~s not proviously roviowod;
A listing of findings by tho local Sovcrnin8 body, if any, which were not includc(i in the ordinance;
and
A statement indicat~t tho relationship of tho additional changes to tho Dcpamm~s ORC
Tho above amcndme~t .and documentatiou are required for tho Dcpamncnt to oonduct a comp~
r~wl~v, make a compliance d,~in~fion and issue iho appropriate ~ ~f intent.
In order ~o expexlit~ tho.~sio~al plan~i~g ~our~'s mviow of tho ame~lme~ls, ami pursuant lo .'.
Rule 91-11.011 (5), F.A.C.. pl~as~ provido a oopy of~ho adopted ~ direx~ly io th~ Exe, c~fivo"
Dke~,or of th~ Southwest Fk~rida I~siomd Plaunh~ Council
Pl~as~ contart B°b Cambric~ ~ Mam~ Ag~g~-~or, ~t ..... '
(SS0) 487-4545
F_~lomms:
Ms. N~oy rayto~. FIoridaWildlifo Federation
Mr. David Guggenaeim, The Conservancy o£ Somhwest Floflda
Ms. Nancy Llmum
Mr. Erni¢ Cox
Ms. T~sa T'mk~, ~ Offie~ ofth~ (]ov~aor
Fax: 8504883~)9
Oct 22 1999 15:17
!.
D]~ARTMHNT OF COMMUIqlTY AFFAIRS
OBTECTION$, RF~O~ATIONS AND COMMENTS
FOR COLLIER COUNTY
~ent 99-R1
Octob~ 22, 1.999
Division of Comamatty Plannins ~
Bureau of Local Planni~ ~
,, ' .. DEPT OF' ~ FF'FRIRI; Fax:S50488,~09 Oct. 22 1.999 1.5:1.? P. OS
INTRODUCTION
· Thc followinE obJe:tions, recommendations and co~~ ~e b~ '~p0n t~
Dep~cnt's ~vicw of ~)1~ Co~ proposed 99-~ ~n~cm to l~ 'comprche~ivc plan
p~nt to Section 163.31.84, ~ofida S~mt~ (~.S.).
Objections relate to specific ~cqukemcn~ of relevant poztions of Chapter 91-$, Florida
· Administrative Codes (I~.A.C.), and Chaptel: 163, Part II, N.S. Each objection includes a
'r¢commel~lation of one approach, that mi~,ht be taken to address dm cirri objection. Oacr..
approaches may be more :m. itable in specific situations. Some of these objections m~y have..
initially been raised by oz~ of the othe~ external review agencies. If ~"~c is a difference
'bctwccn the Departmcnt'~ 6bjection and thc external agency advisory objection or comment',
the Department's objecfic,n would take p~cedencc. ...
Thc local government, should address each of these objections when the nm_cndmeut is
~csubmitted for our coml:,lianc~ review. Objections which are not addressed may result in
detcralination that the ar~ndment is not in compliance. Thc Departm~t may have: raised an
objection regarding missinll data and analysis items which the local gove.~rtment considers not
applicable w i~s amendment. If that is the case, a statement justlf'yin8 i~.non-appli~abilit~
pursuant to Rule 9I-5.00.1(2), P.A.C., must bc submkted. The Dcpat'h'nen/will m/rite a
dctermlnation on th~ non.-,a.l)plicabili~ of the requi~ment, and if the justification is sufficient,
the objection will be conside~l addressed. '-
The coramen~ which follow thc objections and reoomI~ndations ate advisory in
nature. Comments will ~t feral bases of a determination of non-compliance. They are
h~luded to call attention to items raised by our ~evicwe~s. The t~omments ~n be
conc~mi~ pl.~ prillclpl~a, methodology or lo~tc, as well as editorial in nan~c dealin~
with grammax, or~antzalion~ mapping, and reader compt~hemion. ..
Append~ to t.~ bsck of ~h~ Dep~'s report are the ~om_m__en~ letters from the other
sta~ review agencies/~d.other agencies, organizations and Ludlviduals. The.~ oomm~mm
advisory to the .Department and may not form bases of Deparlmcatal obJcctiom
appea~, under tim "Obj~:tiom' heading in this report.
.. DEPT OF
CDMM I:~FFI~IP.$
Fax: 850488~x509
0B iRCTIONI RI C0MMENDATION5 AN'I) C0MMRHT RRPOR.T
pROPOSED COMPI '.,EHENS!VR PLAN -AlVa. COLLIER CoUN'I 99-B
CONSISTENCY WI.TH CHAPTER 163- F.S,, & RULE 9~-$,, F:A.C,
Collier County has proposed several amendments to the Future Land Use Element, the
Future Land Use Map sedcs, and the Conservation Blcment, pursuant to the rcqukem.cuts of ./he
Administration Commis!~ion's Final Order ACC-No.99-002. Purm_,_.sni to the Final Order, Collier
County was to map Natural Resource Protection Axeas (NRPAs). The de£hition and purposes of
NIl. PAs are contained in Objective 1.3, Policy 1.3.1, and the glossary sect/on of the adopted
plan. As pan of its efforts to implement the Final Order, the County developed and used seven
additional crheria to delineate the proposed NRPAs. The Dcpariment has identified the
following objection to tile basis for delineating the proposed HRPAs.
Obiection:
There are l, wo im,~ccs where the NRPA definition and purposes as. outlined in the ad~pU:d
plan and thc additional criteria arc not consistent:
1. the addid.onal criteria would exclude areas within the geo~raph~.'cal areas specified in
thc Final Order to be designated as lqRPAs tJaat have been dcgraded and which need'
to bc resl:orcd in order to maint~b~_ an ecologically functioni, n. g system; and "
2.' thc addiliofial criteria would exclude upland habitat for listed species that ii not
contiguous W an idcntificd wetland system.
The County employed numerous data sources to delineate the proposed BIRPAs. However, when
the dau~ is analyzed in coujunction with the adopted IqRPA definition and'purposes as well ai
the additional criteria, there are areas which appear to meet the reciuirements for inclusion that
were omitted.
I.
2.
These areaa include:
Northem~ Bellb Meade;
The ar:a, known a~ th= Stov~pip~ to lira north, northwest and northeast of
Okaloa~oooh~ Sloush; and .- . "
Therefore, thc proposed ]N-RPAs are not fully supportcd by thc data and analysis submitted w{~h the
The area southwest of the Okaloacoochea Slough that links the Slough ~0 the
southeastern portion of thc Czmp Kc/ds Strand.
amendment. ':
Chapters 163.3177(2); 163.3177(6)(a) & (d); and 163.31T/(8), Florida Statutes.
Rules 95-$.005(2)(a) & lc), & (5), 95-5.0q6(2)(b), O)(b)(4), (33(e16., 91-$.012(3)(e)1 ;,
9J-5.013(l)(a), (2)Co)4., (2)(c)6., & (3)(a), Florida Adm. inistrative Code.
..
~ O~PT C~ CQ~ f~-FAIRf: Fax:85C~I~LT!I)9 Clot 22 19c~ 15:~8 P.O?
Eeeomn!endution~
The Count~ should provide additional data and analysLs demonstratin$ tlxe omitted areas
referenced' above do not m.'.et thc requkcmcnts for inclusion as a HR-PA. In the.altemalive, the
County shouid'rc¥iew thc available dam and analysis and ~visc the bound, rains of thc propoled
NRPAs app~:opriatcly. ..
H,.CONSISTEHCY WITH STATE COMPREHENSIVE PLAN
The prq. posed amendments do not adequately address and fltrther the State Comprehensive
Plan including the followir~ goals and policies (Chapter 163.3177(9), F.S.)~
Water Resources Goal: (8):a) and Policies (b)2., 10, regarding the protection, of aurface'and gr0..und
water resources. "
Natural Systems and R.ecta:atio~_~! Lands Goal: (10)(a) and Polides:(b)l., 3. and 7, regarding the
protection of wetlands and. wildlife.
R.ecommendation:
The County should provide additional dm and analysis .or revise the amendmen~s as
indicated earlier so as to be consistent with the above clr~l goals and' policies ~f the Siate
Comp~hensive Plan.
'....
Florida Fish and Wildlife Conserva ,COmmission
Jamtl L. #Jamie" Adams, Jr.
Bushnel!
Barbara C. Barsh
Jacksonville
Quinton L. Hedgepeth, DD$
Miami
H.A. "Herky" Huffman
Deltona
Thomas B. Kibler
Lakeland
David It Meehan Julie K. Morris Tony Moss,,_.. Edwin P. Roberts, DC John D. Rood
St. Petersburg Sarasota Miami Pensacola Jacksonville
ALLAN L. EGBERT, Ph.D. Executive Director
VICTOR J. HELLER, Assistant Executive Director
Mr. James L. Quinn
Chief, Bureau of State Planning
Department of Community Affairs
2555 Shumard Oak BoUlevard
Tallahassee, Florida 32399-2100
October 21, 1999
OFFICE OF ENVIRONMENTAL 8ERVIC[
BRADLEY J. ILARTMAN, DIRECTO
620 South Meridian Sere
Tallahmten itl 32~99-161
wnvw.itate, fl.ui/fi
t~so~48a-66,
FAX (SSO)O22-S6'
TOO (SSO)488-OS
Collier County Comprehensive Plan
Amendment 99-R2
Dear Mr. Quinn:
The Office of Environmental Services of the Florida Fish and Wildlife Conservation
Commission (FWC) has reviewed the referenced proposed Collier County Comprehensive Plan
Amendment, and has the following comments and recommendations.
The proposed Natural Resource Protection Areas (NRPA), as outlined in the amendment,
include less habitat than we recommended to the Collier County staff during August meetings,
and in the attached staffcon'espondence dated September 2, 1999. In that letter, we
recommended that Collier County follow a specific procedure for defi~ing the NRPA, and we
reiterate that recommendation.
The County's revised Draft HRPA Boundaries Map, dated August 27, 1999, incorporated
this methodology and reflected our recommendations. This map was not adopted by thc County.
Instead, an alternate NRPA map was developed, reflecting less area in the Belle Meade__
(excluding Northern Belle Meade), loss moa associated with the CREW, less area in Camp Keais
Strand, and less area in the Okaloacoocho~ Slough. The excluded areas of native uplands and
wetlands are evident on Figure A-l of the submission package. The excluded areas ofthe CARL
boundaries for Belle Meade and CREW are evident on Figure A-6, and thc excluded areas of
Priority Panther Habitat are evident on Figure A-7.
We believe the current proposed HRPA boundaries are insufficient for their intended
purpose, and recommend that Collier County use the earlier version of the NRPA map that was
consistent with our recommended methodology.
Mr. James L. Quinn
October 21, 1999
Page 2
Please contact me, or Mr. Jim Beever at (941) 575-5765, if you have any questions.
Sincerely,
Bradley J. Hartman, Director
Office of Environmental Services
ENV 2-3-3/2
¢ol199R2.sai
Attachment
CC: Ms. Klm Dryden
U.S. Fish and Wildlife Service
Office of Ecological Services
Southwest Florida Suboffice
3860 Tollgate Boulevard, Suite 300
Naples, Florida 34114
Mr.'Michele R. Mosca
Comprehensive Planning Section.
Community Development and Environmental Services Division
2800 North Horshoe Drive
Naples, Florida 34104
Mr. Waync Daltrey, Director
Southwest Florida Rclgonal Planning Council
4980 Bayline Drivc, 4th Floor
North Ft. Myers, Florida 33917-3909
Florida Fish and Wildlife Conservation Commission
Jam~ L.*'J~mle" &d~, Jr.
Bmhndl
~acJ~ostvme
Qulmon 1.. iledlepeth, DDS
Miand
David K. Meelum Julie K. Morris Tony Mort
St. Petersburg Sarasota Miami
ALLAH L. EGBERT, PluD, Executive Director
VIC'FOR J. HELLER, Aashtant Executive Director
September 2, 1999
OFFICK OF ENVIRONMENTAL SERVICE
2920O TUCKERS GRADI
PUNTA GORDA~ FL 339S
www.stnte, fl. us/fw
(~41) b'TS-ST~
FAX (941) b'TS-b'76~
Mr. Bill Lorenz
Collier County Department of Natural Resources
Collier County Government Center
Building "Ir"
3301 East Tamiami Trail
Naples, Florida 33962-4994
Proposed Natural Resource Protection
Areas (NRPA) in Collier County
Dear Mr. Lorenz:
The Office of Environmental Services of the Florida Fish and Wildlife Conservation
Commission has reviewed the proposed Natural Resource Protection Areas (NRPA), ns outlined
in your draft county map, and offers the following comments and recommendations.
As we discussed in our meeting on August 6, 1999, we recommend that you follow the
three-step procedure described below: --
1)
Start with the existing proposed I~nd acquisition boundaries or Florida Panther
Recovery Plan boundaries for the designated areas. For the Southern Golden Gate
Estates, this will be ail that is needed to define that NRPA.
2)
For all other areas, such ns the Corkscrew Regional Ecosystem Watershed
(CREW), expand the HRPA beyond the acquisition boundary when there is
existing connected native habitats. Roadways alone do not sever connection, since
wildlife underpasses can be incorporated in NRPA criteria. This would "pick up"
habitat continua that were not in original boundaries that may have been drawn
strictly on straight section lines. Some examples would be to include:
a)
undeveloped areas of Northern Belle Meade, above Interstate 75, that were
included in the original study performed by Klm Dryden and myself,
Mr. Bill Lorenz
September 2, 1999
Page 2
b)
connecting the proposed Winding Cypress DRI to the Southern Belle
Meade, and
c) including the entire Bird Rookery Swamp system attached to CREW.
I understand that there is a revised Draft NRPA Boundaries Map dated August 27, 1999,
that may incorporate this methodolosy and a recent HRPA boundary map adopted by the Collier
County Planning Commission. Please provide me with color copies for our review.
Please contact me at (941) 575-5765 if you have any questions.
Sincerely,
W. Beever Ili
Biological Scientist IV
JWB
ENV 1-10-1
nrpa~olLl~t
Enclosure: Listed Animal Species of Collier County
CC: Ms. Klm Dryden
U.S. Fish and Wildlife Service
Office of Ecological Services
Southwest Florida Suboffice
3860 Tollgate Boulevard, Suite 300
Naples, Florida 34114
Mr. Bill Lorenz
September 2, 1999
Page 3
LISTED ANIMAL SPECIES OF COLLIER COUNTY
Scientific Namc
Ajaia ajaja
Alligator missi~sippensis
Aphelo¢oma coerulescens ¢oerule$cens
Aramug guarauna
Athene cunicularia
Caretta caretta earetta
Centropomus undecimali$
Charadrius melodus
Charadrius alero_ndrinus tenuirostris
Chelonia tnydas mydas
Crocodylus acutus
Dertnoahelys coriacea
Drymarchon corals couperi
Egretta caerulea
Egretta rufescens
Egretta thula
Egretta tricolor
Eudocimus albus
Falco peregrinus
Falco sparverius paulus
Feli= concolor coryi
Gopherus polyphemus
Grus canadensis pratensis
Haematopus palliatus
Haliaeetus leucocephalus
Lepidochely= kempi
~tustela vison evergladensl$
lVlycteria atttericana
Pelicanus occidentalis
Pieoides boreali~
Podomy~ flortdamt$
Polyboru~ plancu~ audubonll
Rana areolata
Rivulu~ marmoratas
Rhynchot~ niger
Sclurus niger avlcennta
Sterna anttilarunt
Sterna dougailii
Trichechus manatus
Ur~r tunericanus florldanu~
Co,.m, mon Name Status
mscatc spoonbill SSC
American alligator SSC
Florida scrub jay T
limpkin SSC
burrowing owl SSC
Atlantic loggerhead turtlc T
common snook SSC
piping plover T
~outhcastcm snowy plover T
Atlantic green turtle E
Amcrican crocodilc E
lcatherback turd¢ E
castcm indigo snakc T
little bluc heron SSC
reddish cgrct SSC
snowy egret SSC
tricolorcd hcron SSC
white ibis SSC
pcrcgrinc falcon E
southeastern American kesa~ SSC
Florida panther E
gopher tortoise SSC
Florida sandhili crane T
American oystercatcher SSC
bald eagle T(E)
Atlantic ridley turtle E
cvcrgladca mink E
wood stork E
brown pclican S$C
red-cockaded woodpecker T
Florida mous~ SSC
Audubon's crested cameara T
gopb~ Fzog SSC
Mangrove flvulas SSC
black ddmmcr SSC
mangrov= fox ~ubrcl T
least tcm T
roseate tern T
Wcst Indian mn~tee E
black bear T
Deep water species of tho Ouffof Mextco, occasional to comer comay
Balaena glaclalis
Balaenoptera phy~alus
~legaptera novaeangliae
Physeter catodon
right whale E
fin whalc E
humpback whale E
sperm whale E
regionally eminet, hi~,ofleally found in Cofller County
Canis rufus floridanus
A,tonachus tropicalis
Florida red wolf
West Indian monk seal
September 2, 1999
Page 4
Key to Listed Species Designated Status
T-SA =
SSC =
Endangered
Thrcatcncd
Threatened on Stato Listing, Endangered on Federal Listing
Thrcatcncd Duc to Similarity of Appcarancc
Species of Special Concern
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 99-82
Which was adopted by the Board of County Commissioners on
the 23rd day of November, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day of
December, 1999.
DWIGHT E. BROCK '/'
Clerk of Courts~and
Ex-officio to B'oird
,. ~. ,.~.,.,,,~_ ~omm~s=~ar
County
Deputy Clerk