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Ordinance 2000-027ORDINANCE NO. 2000- 27 AN ORDINANCE AMENDING ORDINANCE NO. 89-05 AS AMENDED THE COLLIER COUNTY GROWTH MANAGEMENT PLAN BY ADOPTING REMEDIAL AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, AS DIRECTED BY THE ADMINISTRATION COMMISSION IN ITS JUNE 22, 1999 FINAL ORDER IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324GM) TO THE FOLLOWING ELEMENTS: THE FUTURE LAND USE ELEMENT TO PROTECT POTABLE WATER WELLFIELDS, AND PROVIDE FOR SCHOOL SITING; TO THE FUTURE LAND USE MAP AND MAP SERIES; TO THE NATURAL GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO ESTABLISH GUIDELINES AND CRITERIA TO PROTECT GROUNDWATER RESOURCES; TO THE DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO PROTECT THE FUNCTIONS OF NATURAL DRAINAGE FEATURES; TO THE HOUSING ELEMENT TO ADOPT PROVISIONS REGARDING FARMWORKER HOUSING BASED UPON BEST AVAILABLE DATA AS WELL AS CRITERIA FOR THE LOCATION OF SUCH HOUSING; TO THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND RELATED MAPS TO PROVIDE FOR SCHOOL SITING; AND TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO PROVIDE FOR THE PROTECTION OF GROUNDWATER RESOURCES, REGULATION OF STORAGE TANKS, THE PROTECTION OF HABITATS, SPECIES, NATURAL SHORELINE AND DUNE SYSTEMS IN THE COASTAL ZONE.~.~ MAINTENANCE OR REDUCTION OF HURRICANE~.?~ EVACUATION TIMES AND DEFINITION OF THE COASTAL~- HIGH-HAZARD AREA; ADDING A VESTING POLICY TO;;::. THE FUTURE LAND USE ELEMENT FOR PROPERTIES LOCATED IN CERTAIN ACTIVITY CENTERS THAT WERE REZONED CONSISTENT THEREWITH DURING THE INTERIM PERIOD BETWEEN ADOPTION OF THE EAR AMENDMENTS AND LEGAL EFFECTIVE DATE OF SAID AMENDMENTS; AND CORRECTING SCRIVENER'S ERRORS AND CERTAIN MAP REFERENCES IN THE GOLDEN GATE MASTER PLAN; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE 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 fined certain of the 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 petitioned for a formal administrative hearing to review the EAR-based amendments found ~n non- compliance; and ; WHEREAS, the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing 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, 1999 pursuant to Subsection 163.3184(10)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administration Commission is authorized to take final agency action regarding whether or not comprehensive plan amendments are in compliance; and 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 objections and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to adopt Remedial Amendments to the Growth Management Plan by November 30, 1999; and WHEREAS, Collier County prepared and the Collier County Planning Commission considered the proposed Remedial Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said Remedial Amendments to the Board of County Commissioners; and WHEREAS, the Collier County Board of County Commissioners reviewed the Remedial Amendments on November 23, 1999 and transmitted the same to the DCA; and WHEREAS, upon receipt of Collier County's proposed Remedial Amendments, the DCA reviewed the Remedial Amendments as set forth in Section 163.3184, Florida Statutes; and WHEREAS, the Department of Community Affairs made written objections to these Remedial Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of these Remedial Amendments, including the following: the Collier County staff report; and other documents, testimony and information presented and made a part of the record at the meetings of the Collier ; County Planning Commission held April 20, 2000, and the Collier County Board of County Commissioners held on May 9, 2000; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: ADOPTION OF THE REMEDIAL AMENDMENTS TO THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts these Remedial Amendments in accordance with Section 163.3184, Florida Statutes. The amendments as well as scrivener's error correction are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: ADOPTION OF VESTING PROVISION TO FUTURE LAND USE ELEMENT FOR ACTIVITY CENTER PROPERTIES REZONED AFTER ADOPTION OF EAR-BASED AMENDMENTS. Exhibit B attached hereto and incorporated by reference herein is hereby adopted in its entirety. SECTION THREE: 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 FOUR: EFFECTIVE DATE The effective date of these amendments to the Growth Management Plan shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order or noncompliance is issued by the Administration Commission, these amendments 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ~ day of ~ ,2000. ATTEST: ....... DWIGHT E. BROCK, Clerk ..... ' , , . ,..;;.....~,~,,. ,.' ~ppt&ved as to form and legal su~ciency: Marjorie I~. StUdent Assistant County Attorney BOARD OF COUN']~Y COMMISSIONERS COLLIER cOUNTY; FLORIDA BY: TIM~T~ J,-~'~_~TIN E, Chai~an ~ ~ This ordinance filed with the Secretary of State's Office the -/~'~'r~day of"~ ~ ~1 and acknowle~,,.qe~en't of that filir~g.~received this ~,~'-*~day of - 2'/'/~t-z/~ ,..O~r_~_~_z' ~, ' Exhibit A-1 COLLIER COUNTY GROW'FH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Comprehensive Planning Section Planning Services Department October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. TABLE OF CONTENTS II. SUMMARY OVERVIEW A. PURPOSE Page 2 3 B. BASIS 3 C. UNDERLYING CONCEPTS 3-6 Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attainment of High Quality Urban Design Improved Efficiency and Effectiveness in the Land Use Regulatory Process Protection of Private Property Rights D. SPECIAL ISSUES 7-10 Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights E. FUTURELAND USE MAP 10 III. SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) Support Document: Public Facilities Natural Resources - Waterwells, Cones of Influence River, Bays, Lakes, Floodplains, Harbors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) Soils *IMPLEMENTATION STRATEGY * GOALS, OBJECTIVES AND POLICIES 11-19 * FUTURE LAND USE DESIGNATIONS DESCRIPTION SECTION 20-39 Urban Designation Density Rating System Agricultural/Rural Designation Estates Designation Conservation Designation Overlays and Special Features * FUTURE LAND USE MAP SERIES 46 *Future Land Use Map *Mixed Use & Interchange Activity Centers *Properties Consistent by Policy (5,9, 5.10, 5.11) *Natural Resources - Wetlands SUMMARY The Future Land Use Element includes three major sections: Overview, Implementation Strategy, And Land Use Data and Analysis. The Overview simply provides an introduction as to the purpose, basis, underlying concepts and special issues addressed by the Element. The Implementation Strategy is where the Element is brought into effect. Included are the Goals, Objectives, Policies and Future Land Use Map. The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, Florida Administrative Code, minimum requirements for the Future Land Use Element. Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italicized and underlined are added by R-99-02 and are for informational purposes only; words double underlined are additions in response to the ORC report; words deu~e ~_tr!ckc.-. thrcu?:,h are deletions in response to the ORC report. I. OVERVIEW A. PURPOSE The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for and management of natural resources, public facilities, coastal development, housing and urban design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose of the Future Land Use Element is to guide decision-making by Collier County on regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a strategy for provision of public facilities as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan. B. BASIS This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and content of the Element. Finally, major contributions to this Element have been provided by the public through the Collier County Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, the Collier County Planning Commission, which is the local planning agency, and other groups and individuals. 3 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~"' '~'~" "*'~"~'"" *~' .....~' ~ are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. C. UNDERLYING CONCEPTS The land use strategy established by this Element is based on a series of concepts which emerge from the foundation cited earlier. The policy direction and implementation mechanisms closely relate to these underlying concepts. Protection of Natural Resource Systems Collier County is situated in an unique, sensitive and intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna; extensive and highly productive estuarine systems; and many miles of sandy beach. These natural resources perform functions which are vital to the health, safety and welfare of the human population of the County, and serve as a powerful magnet to attract and retain visitors and residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is management of natural resources on a system-wide basis. The Future land Use Element is designed to protect and manage natural resource systems in several ways. Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations land alteration and construction is guided to the portions of the property more tolerant to development, thus, in effect, an on-site transfer of development rights. Also, a broader Transfer of Development Rights provision exists in the Land Development Regulations. An Area of Critical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. The County's Land Development Regulations provide standards for protection of groundwater, particularly in close vicinity to public water supply wells as explained in the Natural Groundwater Aquifer Recharge Element. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural discharge to estuaries. The watershed management plans will have implications for both water management and land use practices. Finally, natural resources are also protected through close spatial and temporal coordination of land development with the availability of adequate infrastructure (public or private facilities) to ensure Words o* ....u ,~, .....~, ............. u.. are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words tic'_'5!_~ =t:!c~__.~ th;_'c'_'~h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. optimized accommodation of human impacts, particularly in relation to water supply, sewage treatment, and management of solid waste. This coordination is accomplished through the provision of public facilities as detailed in the Capital Improvements and Public Facility Elements and through the Level of Service Standards found herein. Coordination of Land Use and Public Facilities At the heart of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through Level of Service Standards. The Level of Service Standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding Level of Service Standards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvements and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the Standards serve to assure the availability of adequate facilities whether public or private. The Urban Service Area concept manifested in this Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are concentrated for the provision of roads, water supply, sewage treatment and water management. Also, facilities and services such as parks, government buildings, schools and emergency services are primarily located within Urban Designated Areas. Outside of the Urban Designated Areas only lower intensity land use is permissible, thus fewer roads and a lower level of water management is provided, and there is no, or very limited, central water and sewer. It is important that the Urban Designated Area not be so large that public facilities cannot be efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely limited with resultant lack of site selection options and competition leading to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. Manaaement of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt water inundation from tropical storms. It is extremely important that an acceptable balance between at-risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. 5 Words "..tr'Jck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words d_-"_'b!: :t:!-'_k:.". thr_-"_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. This issue is addressed here 'and in the Conservation and Coastal Management Element through several measures. A Coastal Management Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal Management Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patterns of density. A Coastal High Hazard Area is identified in Conservation and Coastal Management Element and policies are provided. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Provision of Adequate and Affordable Housin.q An emerging issue in Collier County is the availability of adequate and affordable housing for low and moderate income populations. The Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. Attainment of High Quality Urban Desian The report of the Regional/Urban Design Team for the Naples area, dated April 1987, and subsequent recommendations of the R/UDAT Citizen Committee, provide another underlying concept. While the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources, thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use Element provides several additional measures. Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant overall traffic circulation) level and it relates to aesthetics and sense of place. VVithin the Traffic Circulation Element a commitment to adopt standards for road access has been accomplished through the Access Control Policy adopted by Resolution and the Access Management Plans for Mixed Use Activity Centers included in the Land Development Regulations. The Future Land Use Element includes improved Iocational criteria for commercial development. The Mixed Use Activity Centers are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element committed to the completion of such plans for two roadways initially and to extend the concept to other roads in the future. The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landscaping, signage, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to Words =tr,--'c,u. th,~c'--'~,h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'~!c =~.."!c~=.". ~.?.:c'_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. achieve that theme. The City of Naples and Collier County have cooperated on the first roads to be treated with this approach. The Streetscape Master Plan adopted by the Board of County Commissioners identifies appropriate landscaping treatments for the different corridors in the County. Collier County has also adopted Design Standards for all commercial development into the Land Development Code. These development standards include building design, parking lot orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards will provide for quality development that is responsive to the Community's character. Improved Efficiency and Effectiveness in the Land Use Re.qulatory Process Attention has been devoted to improving the land use regulatory process through straightforward requirements and procedures. This has led to the style and structure of this Plan; a reorganization of the development review process; and the compilation of all Land Development Regulations into a single, unified Land Development Code. Protection of Private Property Rights Important to every facet of this Element is maintenance of a careful balance between private property rights and the general public interest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; fair; based on the health, safety and welfare of the public; and that due process is provided. Of particular importance is the issue of vested rights, which is addressed later in this Overview. D. SPECIAL ISSUES Coordination of Land Use and Public Facility Plannin.q It is important that the time frames of land use planning and public facilities planning be coordinated. During the development of the Urban Area Buildout Study it became clear that an incongruity existed in that under the1989 Collier County Comprehensive Plan, enough land in the western coastal area was designated Urban for approximately 275,000 dwelling units (inclusive of the City of Naples) with a population of 458,000, with buildout occurring between 2019 and 2046, depending on the growth rate of the County. Of this, approximately 120,000 dwelling units were built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough land had been included for approximately 39,000 dwelling units with a build-out time horizon of 2105. These buildout time frames are contrasted by the time frames for public facility planning which are at 10 years for all facilities except roads where a 2020 financially feasible plan exists for the County. The 2020 plan is designed to accommodate approximately 246,500 dwelling units and a population of 393,100 (inclusive of the City of Naples). As previously discussed, Level of Service Standards for public facilities which are binding on land development are adopted for roads, water supply, sewage treatment, water management, parks and solid waste. Of these, the first are most closely tied to the development of a property - adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water '7 Words struc?. thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words ,4.., ,~....,...~.,... ,~. ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. management is regulatory - a level of on-site storm flood protection is required. In the case of water and sewer, the County has provided utility systems, which are substantial and expanding. Thus, the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: An internally inconsistent Plan; Failure to reserve adequate right-of-way at time of zoning; Condemnation of land after zoning or after development in order to obtain adequate right of way; - Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards; and - Progressive lowering of Level of Service Standards. The Comprehensive Plan responds to the time frame discrepancy through immediate action and through process oriented commitments. First, the Traffic Circulation Element includes an Objective to coordinate with the Future Land Use Element and a policy to complete long range transportation planning. The Urban Area Buildout Study was prepared to assist in the development of a long range "vision" of the Coastal Urban Area with a specific focus on the infrastructure improvements needed to accommodate the Urban area's potential growth based on the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the urban area population while Phase II was an analysis of infrastructure needed to accommodate that population. Second, the Density Rating System has been adjusted to moderate maximum permissible densities in areas subject to long range congestion. Third, commercial development opportunities in the form of Mixed Use Activity Centers are provided to include a mixture of uses which has the potential to lessen the impact on the transportation system. Fourth, the Level of Service Standards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation Program has been established and implemented which reviewed and modified, where possible, zoning with a higher density or intensity than provided for in the 1989 Comprehensive Plan. The areas identified as subject to long range traffic congestion consist of the western coastal Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination was the 2015 Transportation Plan which forecasts future land use based on existing development, potential development and population projections. The land use forecasts are the basis for projected unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. The 2020 Financially Feasible Road Plan, as well as the Needs Assessment Plan, which represents buildout of the Urban Area, have not met with public acceptance. Therefore, the strategy discussed above is promoted, which include: extend time frame of transportation planning; moderate maximum permissible densities in areas subject to long range congestion; provide commercial development 8 Words ctr'--'ck through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'-b!~_ =tr!c,u.~_~ thrc'_'~h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. opportunities which serve to modify the overall traffic circulation pattern; and re-evaluate existing zoning. Level of Service Standards Standards for adequate service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, the major purpose for inclusion in this Element is to serve as a regulatory tool. Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual Certification of Adequate Capacity; Water Management - Project-Specific Regulatory Requirement; Sewage - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); and Roads - Project-Specific Capacity Test. It is recognized that difficulties may arise in situations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with State Roads running through the County; with independent and City of Naples water and sewer districts within the County; and conversely, with County Roads running through the City of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service Standard with the "funding" Level of Service Standard. However, if there is a failure by the service provider, adjustment to the regulatory effort may be forced. For example, if the State Department of Transportation allows a road to fall below its "funding" standard, (which is the same as the County's "regulatory" standard) and there is no commitment to accelerate funding and construction, four options are available: - A moratorium may be imposed but may not be sustainable if there is no commitment to improve the road by a definite and reasonable time; - The County may improve the road; - The private sector may improve the road; or The regulatory Level of Service Standard may be lowered through a Comprehensive Plan amendment process. 9 Words st;'--'c,u. through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~-', ,~'~...,.i,.~,..,. ,~, ..... h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Vested Rights The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting development trends and resultant facility needs; with regard to transportation planning time frames and right-of-way needs; and with regard to approved but unbuilt commercial zoning (C-l-C-5 and PUD) in 1995 which found that of the approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43%, are developed. This Comprehensive Plan responds to the vested rights issue by establishing a program which reviewed all previously approved zoning. Within three years after Plan was adopted, all zoning was reviewed. If it is was determined to be inappropriate and is not vested, the zoning was adjusted to an appropriate classification. Annually thereafter, zoning will be re-evaluated on the fifth anniversary of its approval as identified in the Land Development Regulations. (See Appendix C of the Support Document for a complete discussion of the vested rights issue). E. FUTURE LAND USE MAP The Future Land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed use categories are used to generally describe the character of allowed development. W~thin each of these categories, a range of uses are permitted based upon specific standards as described in the Designation Description Section of this Element. These uses include residential, commercial, industrial, agricultural, recreational, conservation, educational, community, and public facilities. The Future Land Use Map series includes additional map series: Future Land Use Map - Mixed Use Activity Centers Interchange Activity Centers Future Land Use Map- Properties Consistent by Policy (5.9, 5.10, 5.11) Future Land Use Map - Natural Resources: Wetlands; The following Future Land Use Maps are located in the Support Document: Future Land Use Map - Public Facilities, which shows existing and planned public facilities; Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays, Lakes, Floodplains, Harbors and Minerals (this map also shows those properties proposed for public acquisition by the State Department of Environmental Protection Conservation and Recreational Lands Program (CARL) and the South Florida Water Management District's Save Our Rivers Program); Future Land Use Map - Natural Resources: Soils. l0 Words struc~ through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underfined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'Lc!c ~_tr!c~_~.". !hrc";h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE t: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: URBAN - 1. 2. 3. 4. 5. 6. 7. '8. MIXED USE DISTRICT Urban Residential Subdistrict Urban Residential Fringe Subdistrict Urban Coastal Fringe Subdistrict Business Park Subdistrict Office and Infill Commercial Subdistrict PUD Neighborhood Village Center Subdistrict Traditional Neighborhood Design Subdistrict Goodlette/Pine Ridge Commercial Infill Subdistrict URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Business Park Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict 11 Words o* ....~' *~' .....h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words ~""~"~ "+':"~'"" *~' ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Policy '1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAL/RURAL- MIXED USE DISTRICT 1. Rural Commercial Subdistrict B. RURAL - INDUSTRIAL DISTRICT C. RURAL - SETTLEMENT AREA DISTRICT Policy '1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy '1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy '1.$: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Area Overlay OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capacity. 3_2 Words o* ....u ,~, .....~, ............. ~.. are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~-" '~"" ,.,.;..u,.,, ,~. ..... ~- are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the following provisions: a. The Collier County Subdivision Code shall provide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in part through integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code. c. Drainage and stormwater management shall be regulated by the implementation of the South Florida Water Management District Surface Water Management regulations. Dr,,'~fz:~,-4' r~,.~f,'~l,~l~ ~A,.'~f~r ,A,z~llf;~lr4~. ~m~ ~t ~;~r r~r~ ~r~ T~;o oh~11 ~ ~ml;oh~ .... ,r,~,~. ~ aqu~f=r rechcr;e ~-=c~ ~ ~ th=~r -~*~;~' for ~"";~ Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Consedation and Coastal Mana~ement Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. Regulate signage through the Sign Ordinance, which shall provide for frontage requirements for signs, shared signs for smaller properties, definitions and establishment of an amortization schedule for non-conforming signs. f. The safe and convenient on-site traffic flow and vehicle parking needs shall be addressed through the site design standards as well as site development plan requirements which 13 Words "'* .... ............. ~,. are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words ,4.., ,~.,~...,.;..,.~... ,~. ..... '- are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, landscaping and buffering criteria. Ensure the availability of suitable land for utility facilities necessary to support proposed development by providing for a Public Use Zoning District for the location of public facilities and other Essential Services. The protection of historically significant properties shall be accomplished, in part, through the adoption of the Historic/Archaeological Preservation Regulations which include the creation of an Historic/Archaeological Preservation Board; provides for the identification of mapped areas of Historic/Archaeological probability; requires a survey and assessment of discovered sites; and provides a process for designation of sites, structures, buildings and properties. The mitigation of incompatible land uses with the area designated as the Naples Airport Noise Zone shall be accomplished through regulations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Map; recording the legal descriptions of the noise contours in the property records of the County and through an inter-local agreement to notify the Naples Airport Authority of all development proposals within 20,000 feet of the airport which exceed height standards established by the Federal Aviation Administration. jo No development orders shall be issued which are inconsistent with the Growth Management Plan, except for where a Compatibility Exception or Exemption has been granted or where a positive Determination of Vested Rights has been made pursuant to the Zoning Reevaluation Program. Policy 3.2: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91-102). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through streamlining procedures. OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. 14 Words st:uck thrcu~,h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words 'J_c'-b!-'_ =t:!cke.". th:_-"-;h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Policy 4.2: A detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housing, Urban Design, Land Development Regulations and other considerations. Major purposes of the Master Plan shall be coordination of land use and transportation planning, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the community's character. Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4.4: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. The Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. Policy 4.5: An Industrial Land Use Study has been developed and a summary incorporated into the support document of this Growth Management Plan. The study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and Iocational criteria. Upon completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. Policy 4.6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plans is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. 15 Words struck *~' .....~' are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words ,4... ,.~....,.~..~.,... ,~. ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Go Spacing of acce'"ss 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). Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. Lots, parcels, and subdivisions, which are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are complied with. Policy 4.7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. Policy 4.9 Prepare a Rural and Aqricultural Area Assessment, or any phase thereof, and adopt plan amendments necessary to implement the findinqs and results of the Assessment, or any phase thereof, pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22, 1999. The geographic scope of the assessment area, public participation procedures, interim development provisions, and the desiqnation of Natural Resource Protection Areas on the Future Land Use Map are described in detail in the Agricultural/Rural Designation Description Section. 16 Words str'--'ck through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'b?'_ =tr!cke.". thre'_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Policy 4.10 Public participation and input shall be a primary feature and goal of the planning and assessment effort. Representatives of state and reqional agencies shall be invited to participate and assist in the assessment. The County shaft ensure community input through each phase of the Assessment which may include workshops, public meetings, appointed committees, technical workin~ (Troups, and established advisory boards includinq the Environmental 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 Commissioners shall not be permitted. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas designated as Urban on the Future Land Use Map, 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 91-102, 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. 1'7 Words o* ....~' *~' .....~' are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'-b!e ctr!c~c."..h.__gh are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. 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. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Policy 5.8: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be permitted within the Urban Designated Area subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991) and consistent with the Iocational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re-evaluation Program described in Policy 3.1K, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: Properties for which exemptions based on vested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re-evaluation Program established pursuant to Policy 3.1K, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Policy 5.11: Properties determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. 18 Words -.,truck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underfined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~"' '~'~" "~'~"~'~'" *~' ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Policy 5.12 Properties rezoned under the former Industrial Under Criteria, or with the provision contained in the former Urban-Industrial District which allowed expansion of industrial uses adjacent to lands designated or zoned Industrial provision as adopted in Ordinance 89-05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. 19 Words ctr'--'c~ through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words do'_'b!c ctr!':_~__..", thrc'_'gh are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments, FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts and Subdistricts that follow. b. 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, 3.".d schools and school facilities co-located with other pubtic facilities such as parks, libraries, and 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; 2o Words o+ ....~' *~' .....~' are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'b!_~ c!;!c?.e.". thrc'_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. (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' traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use. 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans. 16. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. Words e,t,q~24-tAmu~ are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~""~'~' -~-;"~'"" ~' ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policy 11.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This ,Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 22 Words st~sk4hre~gh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc"b!e ct:!cke.", thrc'_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. 2. Urban Coastal Frinae Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier-Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts on Marco Island. 3. Urban Residential Frin_oe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to the following conditions: and are not subject to the Density Rating System: a. All rezones are encouraged to be in the form of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area. 4. PUD Neighborhood Village Center Subdistrict The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage exceed 15 acres. The Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code shall be amended within one (1) year to provide standards and principles regulating access, location or integration within the PUD of the Village Center, allowed uses, and square footage and/or acreage thresholds. 23 Words "_.tr'--'ck through are deletions; words underlined are additions (in response to the Final Order items A - K); words Iratics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'b!c ctr!ckc.". through are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a Business Parks shall be permitted to include up to 30% of the total acreage for non- industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Traffic Circulation Sub-Element. c Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses which serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. d When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e Business Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. h When located in a District other than the Urban Industrial District, the Business Park must 24 Words "..truck through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words d_-"_'b~c :tr!'c_k:.-. thrc'_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. have direct access t;o a road classified as an arterial in the Traffic Circulation Sub- Element. Business Parks are encouraged to utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. 6. Office and In-fill Commercial Subdistrict The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-1 through C-5 zoning districts and commercial components of PUDs. a. The subject site abuts a road classified as an arterial or collector as identified on the five- year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element. b. The site utilized for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; c. The site abuts commercial zoning: (i) On one side and non-commercial zoning on the other side; or, (ii) On both sides; d. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); e. Project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; f. The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; g. At time of development, the project will be served by central public water and sewer; and h. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. i. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand. The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the Urban-Mixed Use District is 250 acres. 25 Words °* ....~' *~' .....~' ............. ~,, are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words tic'_'5!= =tr!c~"_~ thrc'_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. 7. Traditional Neiahbo~hood Design Subdistrict The purpose of this provision is to encourage the development of Traditional Neighborhood Design (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected residential neighborhood projects that are centered around a village green with a mix of commercial uses including retail, office and civic amenities that complement each other. Residential uses are often located above retail uses. A grid pattern is the basis for the transportation network. The main street component of the TND is appropriately integrated in the TND and sized in proportion to the scale of the project with a maximum of 15 acres of commercial permitted. Standards shall be developed in the Land Development Code which will regulate access, permitted uses, square footage and/or acreage thresholds, lot frontage dimensions,street widths, setbacks, and other standards that are integral to the TND concept. *8. Goodlette/Pine Riddle Commercial Infill Subdistrict This subdistrict consists of 31 acres and is located at the northeast quadrant of two major arterial roadways, Pine Ridge Road and Goodlette-Frank Road. In addition to uses allowed in the Plan, the intent of the Goodlette/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance. The subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Access to the Goodlette/Pine Ridge Commercial Infill Subdistrict may feature a traffic signalized access point on Goodlette-Frank Road, which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within this district will be limited to single-story retail commercial uses, while professional or medical related offices, including financial institutions, may occur in three- story buildings. ^ maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/-23 acres. No individual retail tenant may exceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District, the .87+/- acre wetland area located on the northeastem portion of the site will be preserved. 26 Words struck thrcu~,h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words 'J_c'_'5!_~ ~_tr!ck~_.". through are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. MAP 5 A *GOODLETTEIPINE RIDGE COMMERCIAL INFILL SUBDISTRICT PINE RIDGE ROAD (C.R. 896) MILANO DRIVE~ LASTRADA LANE PINE RIDGE ROAD (C.R. 896) INDICATE8 BOUNDARY OF GOODLETTE,/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT 2'7 Words o~ ....t, ~, .....h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'-b!c =t:!ckc.-. th:c'_'=h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. DENSITY RATING SYSTEM This Density Rating System is only applicable to areas designated Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights. This Density Rating System only applies to residential dwelling units. VVithin the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the characteristics of the project. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zonim3 If the project includes conversion of commercial zoning which is not located within an Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. 2. Proximity to Mixed Use Activity Center or Interchange Activity Center If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. 3. Affordable Housing To encourage the provision of affordable housing within the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density 28 Words st:'Jc.u. *~' .....~' ...... ~.. are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words ,4.., ,.~.. ~,.~..~..... ,~. ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Housing projects must provide appropriate mitigation consistent with Policy 13.1.2 of the Conservation and Coastal Management Element. 4. Residential In-fill To encourage residential in-fill in areas with existing development, 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 10 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (f) There is no common ownership with any adjacent parcels; and (g) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. 5. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. 6. Transfer of Development Rights To encourage preservation/conservation of natural resources, density transfers are permitted within that portion of the Urban designated area subject to this Density Rating System. However, density shall not be transferred into the Coastal Management Area from outside the Coastal Management Area. Lands lying seaward of the Coastal Management Boundary, identified on the Future Land Use Map, are within the Coastal Management Area. Density may be increased above and beyond the density otherwise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project is within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, I dwelling unit per gross acre would be subtracted. The Traffic ?.9 Words =tr'_'ck thrcu~h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'5!: =t.";c~.". thrcu?~h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Congestion Bounda~j is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. c. Density Conditions: The following density condition applies to all properties subject to the Density Rating System. 1. Maximum Density The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (~4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, 30 Words o* ....~- *h .....h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~'" '~"~' ~*'""~'~'" *~' ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. institutional uses, hoteli'motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of the factors listed below. For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. - The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; Adequacy of infrastructure capacity, particularly roads; Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; Natural or man-made constraints; - Rezoning criteria identified in the Land Development Code; Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Code; - Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; - Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; - Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. 31 Words -* ....~' *~' .....h are deletions; words underlined are additions (in response to the Final Order items A - K); words Itafics and underlined are added by R-99o02; words double underlined are additions in response to the ORC report; words '~"" '~'~" "*-""~'"" *~' ..... ~- are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. # 1 Immokalee Road and Airport Road # 6 Davis Boulevard and Santa Barbara Boulevard # 8 Airport Road and Golden Gate Parkway #11 Vanderbilt Beach Road and Airport Road #12 US 41 and Pine Ridge Road #13 Airport Road and Pine Ridge Road #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport Road #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Isles of Capri Road #20 US 41 and Wiggins Pass Road The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or developed property. Activity Center #6 is approximately 60% commercially zoned and/or developed. For purposes of these specifically designated Activity Centers, the entire Activity Center is eligible for up to 100%, or any combination thereof, of each of the following uses: commercial, residential and/or community facilities. Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may be permitted to modify the designated configuration. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification during final site design; however, the approved amount of commercial development shall not be exceeded. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51% ownership within a quadrant, that property 32 Words struck thrcu.gh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words do'_'b!~_ :tr!c~ throu;h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. owner may siill request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51% ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control; 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial permitted at Activity Centers # 3 and #7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center, the balance of the of the land uses shall be for residential and/or community facilities. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facilities. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and/or community facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network; and 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · The intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications in the Traffic Circulation Element. · The Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. · Market justification is provided demonstrating need for a Mixed Use Activity Center at the proposed location. 33 Words struck th;cu~h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words a'"'~" ~'""~'"'" +~' ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. 2. Interchange Activity Center Subdistrict Interchange Activity Centers have been designated on the Future Land Use Map at each of the three Interstate 75 interchanges and include numbers 4, g and 10. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers ~ and #10 allow for a mixture of land uses - which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchange Activity Center ~4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. Subsequent to the development of the vision statement, new projects within Activity Center # 9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during review of a rezone petition shall be compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to 16 residential units per gross acre may be permitted. This density may be Words str'cc~ thrc'c~h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words -~--' '~' --'-;-'~-~,,- ~, ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. distributed throughout tl~e project, including any portion located outside of the boundary of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allowed, provided each such use is reviewed and found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, warehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and/or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site specific development details will be reviewed during the Site Development Plan review process. - Landscaping, buffering and/or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; -Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; - Central water and sewage systems shall be required; - State Access Management Plans, as applicable; - No direct access to the Interstate right-of-way shall be permitted; Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plans, or--- -Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; - The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; - A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. 3. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. 35 Words struck th;cugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Itafics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~""~'~- -'*-""u'-'- *~- ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. C. Urban - Industrial District The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban - Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; I. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a Subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. II. AGRICULTURAL/RURAL DESIGNATION Rural & A.qricultural Area Assessment The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the Final Order (AC-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearinq Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The Geographic Scope of the Assessment Area shall be as follows: Includes: All land desLqnated Agricultural/Rural Big Cypress Area of Critical State Concern Conservation/ands outside the Urban Boundary 36 Words struck through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'5!~ :tr!ck~_.". thr~"gh are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. South Golden Gat~e Estates Excludes: All Urban des~qnated areas Northern Golden Gate Estates The Settlement District The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full and broad-based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the followinq: 1. Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural/ands to other uses. 2. Direct incompatible uses away from wetlands and up/and habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural /ands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraqing development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area-based a/locations, cjustering and open space provisions and mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantaqes of innovative approaches to development which may better serve to protect environmental/)/sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. Interim Development Provisions for the Agricultural/Rural 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, rezoning, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan as it existed on June 22, 1999. If the County elects to address a specific .cleo(Tral~hic portion of the Area as a phase of the Assessment, the interim land use controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becominq effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof, are in effect, the only land uses and development allowable in the area shall be those set forth in the Aqricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agricultural/Rural District, except the following uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges. 2. Extension or new provision of central water and sewer service into the Area. 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housinq directly related to support farminq operations, or staff housincl (12 du/ac) and other uses directly 3'7 Words °* ....u ,~, .....~, ............. ~,,. are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'5!~_ =*.:!c~c.-. thrc'_'Gh are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. related to the management of public/y-owned land, or one single family dwefting unit per lot or parcel created prior to June 22, 1999. 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emergency power structures, fire and police stations, emergency media/stations. 6. Transient residential such as hotels, mote/s, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and transfer sites for resource recovery. 10. Landfifts 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch makinq plants. 15. Recreational Vehicle Parks These interim development standards shall not affect or limit the continuation of existin.q uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existinq uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment. Natural Resource Protection Areas (NRPAs) The foftowinq areas shall be generafly mapped and identified as Natural Resource Protection Areas (NRPAs): Camp Keais Strand, CREW Lands, Okaloacoochee Slough, Belle Meade and South Golden Gate Estates. Natural Resource Protection Areas (NRPAs) are designated on the Future Land Use Map: 1. Within these areas, only agriculture and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shaft be allowed,' 2. These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shaft also include those uses for which aft required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly' ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; The general location shaft be identified on a map as the interim NRPAs and shaft be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. v 38 Words o* ....~' *~",','"'h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words ""' '"~" -*-~"~-"" *~' ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. 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 low intensity in an effort to maintain and promote the rural character of these lands. The following uses are permitted in this District, sub/ect to the/nterim 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 State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. h. Communication and utility facilities, except for central water and sewer facilities as noted above; i. Migrant labor housing as provided in the Land Development Code; j. Earthmining, oil extraction and related processing; k. Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation I. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farming, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use; 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 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; and, 39 Words str'Jc~ thrc'--'Gh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words d-'_'_'5!~ ~t:!c~.". th:~'_';h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. mo 3. The use will be com~3atible with surrounding land uses. A. Agricultural/Rural - Mixed Use District The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for low 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 low intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed as follows, subject to the Interim Development Provisions: a. Low density residential dwelling units, at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record., b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; e. Farm labor housing in accordance with the Farm Labor Housing provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. g. *Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met and subject to the Interim Development Provisions: a. The project, or that portion of a larger project, which is devoted to commercial development, is 2.5 acres or less in size; b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The project is buffered from adjacent properties. 40 Words "* ....~' *~' .....~' are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words 4.., ,~.~...~...,.~.,.,. ,~. ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. 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, subject to the Interim Development Provisions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concem. For the purposes of interpreting this D~=!~ct policy, oil and gas exploration, drilling, and production ('oil extraction and related processin.q") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. Other basic industrial uses as described in the Industrial Zoning District in the Land Development Code; g. Support commercial uses, such as child care canters and restaurants. C. Rura, I - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the 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 permiffed 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 cdteria and development standards for specific land uses. 41 Words =~."'_'"..~. t.".."c'-'gh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words -~""""- "*-~'-~---'- °" ..... "are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. V. CONSERVATION DESI(~NATION 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 Provisions identified in the Agricultural/Rural Desiqnation Description Section: Co Single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in-holdings within the Big Cypress National 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. 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; Group housing uses at a density in accordance with that permitted in the Land Development Code; Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; Farm labor housing in accordance with the Farm Labor Housing provision in the Land Development Code; Recreation camps as defined in, and at the density allowed by, the Land Development Code. Essential services as defined in the Land Development Code; Parks, open space and recreational uses; Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: Words struck through are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dcub!c str!ck__..". thrcu~,h are deletions in response to the ORC report; ,,denotes amendments adopted subsequent to the 1997 EAR-based amendments. Site area and sch(~ol 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. j. Commercial uses accessory to other permitted uses, such as restaurant accessory to operation of a Park or Preserve; k. Safety service facilities; I. Utility and communication facilities; m. Earth mining; n. Agriculture; and, o. Oil extraction and related processing. V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: '1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. b. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) 43 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'b!_~ __.tr!ck?. th:c'_'?,h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. Catclaw MimoSa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. d. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2, Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. Words -* .... ~- *~' ..... h are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words '~'" '~"" "'*-"-'~---'- *~- ..... ~' are deletions in response to the ORC report; .,denotes amendments adopted subsequent to the 1997 EAR-based amendments. d. This rule shall not al~ply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". B. Areas Of Environmental Concern Overlay Areas of environmental concern are identified on the Future Land Use Map series. Primarily, these represent coastal beaches, marshes, hardwood swamps and cypress forests; wet prairies and low pinelands; and, brackish marshes. This overlay contains general representations for informational purposes only; it does not constitute new development standards and has no regulatory effect. Standards for development are found in the Conservation and Coastal Management Element and the Land Development Regulations. C. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, Words ...truck thrcuGh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words dc'_'b!e ctr!cke.". thrc'_'?,h are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. 70 and 75 Ldn (day-night ave~'age sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map Wellhead Protection Areas Words ctr'--'ck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words Italics and underlined are added by R-99-02; words double underlined are additions in response to the ORC report; words ~'-' '~-~-' --*-:-'~-,-,- *~- ..... ~' are deletions in response to the ORC report; *denotes amendments adopted subsequent to the 1997 EAR-based amendments. T47S T 46 S S g9 ,J. II i! !t I I I I I ,( / -- Jl ill / / / 1 / / t / I / g SBIf/ w X Ul m I T4BS I m m S6~/ m o z Ul r' ;j/ n .( Ul o T49S SOSJ. I Ul 0 T505 SIS J- Z N o z o o o t~ 0 TS~S T 47 S I T 46 S I T S~ S I T S~ S I T Si S ~ T SO S I T 4~ S I T 4B S I T 47 S I T 46 S I $o LEE COUNTY O~DE COUNTY BROWAnD COUNTY HENDRY COUNTY I sEs- I s~s- I sis- I sos- I s,~,l I s8,,- I s~,,~. I ss,,- I Or',,,' , jr, COLLIER COUNTY WELLHEAD PROTECTION AREAS IMMOKALEE WATER/SEWER DISTRICT (16 WELLS TOT.) CR 846 8~ CR 846 BAY IMPROVEMEN T DISTRICT (7 WELLS) (CORAL REEF AQUIFER) CREEK u~nUTIES IT WELL) CR 846 ~ G.G, BLVD~ CR 858 CITY OF NAPLES EAST GOLDEN GATE WELL FIELD (24 WELLS) SR 84 COLLIER COUNTY GOLDEN GATE WELL FIELD (16 WELLS) GATE CITY WELL FIELD (6 WELLS) I 75 PORT OF THE ISLANDS (2 WELLS) COPELAND/EVERGLADES c~TY (3 WELLS) SOURCe: COIJ. JER COUNTY COMPREHE:N$1¥~ Pt. AHNIHG SECTION DAIE: 10/99 FR.F..: ~,t'PZR12.DtYG Exhibit A-2 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Natural Groundwater Aquifer Recharge Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN Symbol PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB.ELEMENT Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOPs Natural Groundwater Aquifer Recharge Sub-Element April 21, 2000 GOALS, OBJECTIVES AND POLICIES GOAL 1: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE 1.1: On a biannual basis, beginning in October 1998, review and revise (as necessary) existing map delineations of recharge areas that are most sensitive to contamination from land development and other surface activities. The review and any map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anathropogenic contaminant data aggregated during the previous biennium. Policy t.1.1: Continue to revise 3-dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. Policy 1.1.2: Continue to identify areas and revise previous identifications of areas that are especially vulnerable to contamination because of land use, drainage, geomorphic, soil, hydrogeological, and other conditions, such as the presence/absence of confining units. Policy 1.1.3: Identify existing land uses and land use activities that possess the greatest potential for ground water contamination. See Policy 1.5.4. Policy 1.1.4: Update criteria for determining and mapping sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. Policy 1.1.5: Annual rechar.qe amounts for the Surficial and Lower Tamiami aquifers are those described in the SFWMD's Publication WRE #327, Mapping Rechar.qe (Infiltration/leakaRe) throu.qhout the South Florida Water Mana.qement District, August, 1995 (Map 1 and Map 2). OBJECTIVE 1.2: Ground water quality shall meet all applicable Federal and State water quality standards. Policy 1.2.1 Dischar.qes to sinkholes or other karst related features with a direct hydrolo.qic connection to the Surficial or Intermediate Aquifer Systems shall be prohibited. 1 Words =tr'-'c?. thrc'-'gh are deletions, words underlined are additions (in response to the Final Order items A- K)) GOPs Natural Groundwater Aquifer Recharge April 21, 2000 Sub-Element Policy '1.2.2 Non-agricultural developments requiring an ERP permit from the SFWMD shall preserve groundwater recharqe characteristics as required by the SFWMD and set forth in the SFWMD's Basis for Review, as it existed on October 31, 1999. Ground water recharge shall also be protected through the application of the retention/detention requirements and allowable off-site discharge rates for non-aqricultural developments specified in Policies 1.6.2 and 1.6.3 in the Drainage Sub-Element. Policy 1.2.3 Standards for protecting the quality of ,qround water rechar.qe to the public water supply wellfields identified in the FLUE are the same as those provided in Policy 3.1.1 of the Conservation and Coastal Management Element. Policy 1.2.4 The Collier County Rural and Agricultural Area Assessment shall consider the ground water recharqe characteristics in the County's rural area including the information contained in SFWMD publication WRE #327. Policy 1.2.5 Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Rechar.qe areas within 2 years of the SFWMD Governing Board's adoption of such areas. OBJECTIVE '1.3: Continue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyze concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Policy 1.3.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1.3.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy '1.3.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy '1.3.4: Gather and use appropriate data to refine and improve the data base used in the County's 3-dimensional ground water model. 2 Words struck thr_'cu~,h are deletions, words underlined are additions (in response to the Final Order items A - K)) GOPs Natural Groundwater Aquifer Recharge April 21, 2000 Sub-Element Policy 1.3.5: By 1 October 1997, establish a water resources planning group composed of appropriate County, City of Naples, and SFWMD staff to provide guidance for ground water resource development, utilization, and conservation. OBJECTIVE: 1.4: Continue current activities of providing the public with educational materials concerning ground water protection issues in Collier County via annual technical publications of ground water quality data collected, general information publications, speakers' bureau presentations, K-12 classroom presentations, and in-service teacher workshops and seminars. Policy 1.4.1: Advise the public on the appropriate disposal methods for hazardous wastes. Policy 1.4.2: Provide information that can be understood by the general public on Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination. OBJECTIVE: 1.5: The County will implement existing plans to preserve critical ground water recharge areas and ground water resources, and on a biennial schedule, beginning in October 1988, review, evaluate, and revise (if warranted) those plans and actions, based on geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Policy 1.$.1: Develop technical criteria for determining which areas are critical to the County's long- term ground water needs. Policy 1.5.2: Identify the cdtical areas and appropriate protective mechanisms. Policy 1.5.3: Identify costs, funding mechanisms and private property rights. Policy 1.5.4: By 1 October 1997, implement a local petroleum storage tank cleanup program, especially in identified wellfield protection zones, operating within available State funding. Policy 1.5.5: By 1 October, 1997, increase household and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste collection. 3 Words "_.truck through are deletions, words underlined are additions (in response to the Final Order items A - K)) GOPs Natural Groundwater Aquifer Recharge April 21, 2000 Sub-Element i~-(NAI 7- DD~PNTI"r~TI~Nkl PiE MATIIDAI /~-D(NIIMrMAI&Tr'D Adr~l~lllrr'D Dr'/~II&D,~I:: ADC:A~ C[::)r'llll &r~Tl%llTl"q TU&T I Ikl&r*r~l"DTA~l V AI TED TLJC ~-DtNI IklINUilATi'D 4 Words str,--'c~ through are deletions, words underlined are additions (in response to the Final Order items A - K)) Exhibit A-3 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Drainage Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN Symbol PUBLIC FACILITIES ELEMENT DRAINAGE SUB-ELEMENT Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOPs Drainage Sub-Element April 21, 2000 TABLE OF CONTENTS SECTION I I. INTRODUCTION AND HISTORY A. Drainage Systems B. Drainage and Stormwater Management II. LEVEL OF SERVICE (LOS) STANDARDS III.EXISTING CONDITIONS A. Drainage Features B. Stormwater Management Master Planning IV. CONCLUSIONS AND RECOMMENDATIONS * V. GOALS, OBJECTIVES, AND POLICIES Page D-I-1 D-I-3 D-I-9 D-1-13 D-1-15 VI. APPENDIX I II. SECTION II REGULATORY FRAMEWORK A. Federal Regulations B. State Regulations C. Local Regulations DRAINAGE BASIN INFORMATION A. Main Golden Gate System B. District No. 6 System C. Cocohatchee River System D. Gordon River Extension E. Henderson Creek Basin F. Faka-Union System G. Southern Coastal Basin H. Barron River System I. Miscellaneous Interior Wetland Systems REFERENCES APPENDIX II Water Management Level of Service for Planned Unit Developments Collier County Drainage Structure Inventory Collier County Channel Inventory Drainage Atlas Maps (Reduced in Size) D-I-21 D-II- 9 D-II-64 D-II-67 i Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K) GOPs Drainage Sub-Element April 21, 2000 V. GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: Via the Annual Update and Inventory Report on Public Facilities (AUIR) process, annually update the Drainage Atlas Maps and Channel/Structure Inventory components of the adopted Water Management Master Plan to verify the existing watershed basin boundaries within Collier County. Verify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards for inclusion of needed programming of operational funds in the Annual County Budget and capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy 1.1.1: Monitor adopted procedures that are in place to ensure that existing natural systems, existing developments, and proposed developments will receive beneficial consideration from proposed water management procedures and projects. Future updates and revisions shall reflect changed conditions in the new techniques. Policy 1.1.2: Outline how to implement procedures and projects to ensure that at the time a development permit is issued, adequate water management facility capacity is available or will be available when needed to serve the development. Policy 1.1.3: Continue to develop public drainage facilities to maintain the groundwater table as a source of recharge for the potable water aquifers and meet the water needs for agricultural and commercial operations and native vegetation. Policy 1.1.4: Continue on-going efforts to evaluate the feasibility of restoring surface water flow into historical flow-ways and utilizing them to help control discharge into the estuaries. Policy t.1.5: Three (3) detailed basin studies are planned within the 5 year planning time frame as follows: Basin Starting date Completion Date Gordon River Extension FY 96/97 FY 98/99 Belle Meade FY 98/99 FY 2000/2001 Immokalee FY 2000/2001 FY 2002~2003 1 Words c. truc~ thrc~Gh are deletions; words underlined are additions (in response to the Final Order items A - K) GOPs Drainage Sub-Element April 21, 2000 As the studies are complet~'ed, the results will be made available to the property owners located within the basin boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation of the studies recommendations. Policy 1.1,6: Initiate sub-basin studies on the Secondary Drainage System and portions of the basin within the Urban Area. The status of several of the critical sub-basin studies is as follows: Sub Basin Startin_~ date Completion Date · Lely Main/Branch/Manor N/A 1985 · Harvey FY 95/96 FY 96/97 · US-41 Outfall Swales N/A 1986 · Implementation of these projects is currently underway. OBJECTIVE 1.2: Maintain adopted drainage level of service standards for basins and sub-basins identified in the Water Management Master Plan. Policy 1.2.1: The following levels of service for drainage are hereby adopted for the purpose of issuing development permits: Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10 and Land Development Code Ordinance 91-102 as amended. So Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin Cypress Canal Basin Harvey Canal Basin 1-75 Canal Basin Green Canal Basin Airport Road Canal South Basin Corkscrew Canal Basin Orange Tree Canal Basin 951 Canal Central Basin D D D D C D D D C 2 Words =tr'~'ck thrcu§h are deletions; words underlined are additions (in response to the Final Order items A - K) GOPs Drainage Sub-Element April 21, 2000 DISTRICT NO. 6 SYSTEM Rock Creek Basin C-4 Canal Basin Lely Main Canal Basin Lely Canal Branch Basin Lely Manor Canal Basin Haldeman Creek Basin Winter Park Outlet Basin COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin Pine Ridge Canal Basin Palm River Canal Basin COCOHATCHEE RIVER SYSTEM (continued) West Branch Cocohatchee River Basin East Branch Cocohatchee River Basin Airport Road Canal North Basin 951 Canal North Basin GORDON RIVER EXTENSION Gordon River Extension Basin Goodlette-Frank Road Ditch Basin HENDERSON CREEK BASIN Henderson Creek Basin FAKA-UNION SYSTEM Faka-Union Canal Basin Miller Canal Basin Merritt Canal Basin Prairie Canal Basin SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin US-41 Outfall Swale No. 2 Basin Seminole Park Outlet Basin BARRON RIVER SYSTEM Okaloacoochee Slough Basin Barron River Canal North Basin Urban Immokalee Basin MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D C D D D D D D C D c D D D D D D D D C C D D C D C C D 3 Words ."truc~ thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K) GOPs Drainage Sub-Element Apr//21, 2000 Policy 1.2.3: Enlarge the scope of the Water Management Master Plan to include recommendations for changing Levels of Service together with analysis of capital requirements. OBJECTIVE 1.3: Beginning with fiscal year1996-97, a five year schedule of capital improvement needs for water management facilities will be maintained and updated annually in conformance with the review process for the Capital Improvement Element of this plan. Policy 1.3.1: Develop procedures to update water management facility demand and capacity information. Policy 1.3.2: Prepare periodic summaries of capacity and demand information for each water management facility and service area. Policy 1.3.3: Water management capital improvement projects will be evaluated and ranked according to the priorities stated in the Capital Improvement Element of this plan. Policy 1.3.4: Major emphasis shall be given to improving existing drainage facilities in and around urban and estates designated areas (on the adopted Future Land Use Map) to maintain their use. OBJECTIVE 1.4: Beginning with fiscal year1996-97, develop policies and programs to correct existing deficiencies and provide for future facility needs for those projects which have been outlined in the adopted Water Management Master Plan and any future individual basin studies. Policy 1.4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These projects shall be undertaken in coordination with the Big Cypress Basin/South Florida Water Management District 5 Year Plan. Policy 1.4.2: Correct existing deficiencies and provide for future facility needs through the formulation and implementation of annual work programs. Encourage innovative funding sources including utilization of special taxing or assessment districts. Policy 1.4.3: Develop a public awareness program to inform the governmental leadership and general public of the need to utilize total watershed management concepts within the existing drainage systems and the environmental enhancements that will result from their implementation. 4 Words ctruck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K) GOPs Drainage Sub-Element April 21, 2000 OBJECTIVE 1.5: Continue to regulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the adopted Land DevelopmentCode (Ordinance 91-102 as amended). Policy 1.5.1: Annually review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas. Policy 1.5.2: Develop any appropriate new Ordinances and regulations necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. OBJECTIVE 1.6: The functions of natural drainage features shall be protected through the application of standards that address the quality and quantity of discharge from stormwater management systems. This objective is made measurable through the followin.q policies: Policy 1.6.1 Projects shall be designed and operated so that off-site discharqes will meet State water quality standards, as set forth in Chapter 17-302, F.A.C., as it existed on August 31, 1999. Policy 1.6.2 Retention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, Section 5.2, as it existed on August 31, 1999. Policy 1.6.3 Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site dischar.qe rates are as follows: a. Airport Road North Sub-Basin 0.04 cfs/acre (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin d. Lely Canal Basin e. All other areas 0.06 cfs/acre 0.04 cfs/acre 0.06 cfs/acre 0.15 cfs/acre In special cases, projects may be exempted by the County from these allowable off-site discharge rates providing any of the followinq applies: 1. The proiect is exempt from allowable off-site discharge limitations pursuant to Section 40E-400.315, FAC. 2. The proiect is part of an existing $FWMD permit which allows discharge rates different than those listed above. 3. It can be documented that the proiect currently discharges off-site at a rate higher than those listed above. The documentation shall be an engineering study prepared by a registered professional engineer, which utilizes the applicable criteria in the 5 Words ctruc~ thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K) GOPs Dra/nage Sub-Element Apr/I 21, 2000 "SFVVMD Basis o~ Review for Environmental Resource Permit Applications". The study shall be subject to review and approval by the County and SFVVMD staff. The study shall include the following site specific information: a. ToDo_~raDhV b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrographic f. Depression storage g. Receiving water hvdro~3ra~3h h. Other relevant hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model which demonstrates the higher off-site discharge rate shall be developed. 6 Words ~,truc~ thrc'--'~,h are deletions; words underlined are additions (in response to the Final Order items A - K) COUNTY POLICIES "' *Policy t.5: Review the feasibility of incorporating the Collier County Housing Authority and the Collier County Housing and Urban Improvement office activities into one agency to provide greater coordination and efficiency in housing delivery services. OBJECTIVE 2: By 2000, create a non-profit housing development corporation, formed with a cross section of representatives from business, government, housing advocates, and the community at large, which will assist the City and County in achieving a new goal of 500 dwelling units per year for very-low, low and moderate income residents of Collier County. JOINT CITY/COUNTY POLICIES Policy 2.1: Increase the supply of housing for all segments of the community including very low, low and moderate income residents and those with special needs including farmworker housing, through the use of existing programs such as low income housing tax credits, density bonuses and impact fee waivers or deferrals. Policy 2.2: Solicit input from the Chamber of Commerce, Economic Development Council, Collier Building Industry Association (CBIA), Naples Area Board of.Realtors, Naples Area Apartment Association, Collier County Banking Partnership, the Affordable Housing Commission, and the Collier County Housing Authority to identify potential nonprofit board representation and members, and to develop a mission statement for the non- profit housing agency. The non-profit housing development Corporation will partner with other entities to apply for State and Federal housing funds available to non-profit corporations. This effort will result in the development of a more comprehensive housing delivery system that ensures the development of housing for all residents of Collier County through a partnership with private developers, non-profits, local governments and other interested parties. Policy 2.3: The County and City staff will continue to provide community organizations with brochures and up-dates on various housing programs, grant opportunities, technical assistance and other information that will promote affordable housing opportunities for very low, low and moderate income residents. Policy 2.4: By 1999, the County and the City will review existing codes and ordinances and amend as needed to allow for flexible and innovative residential design that encourages mixed use developments and variety of housing designs, styles, and price ranges. Policy 2.5: By 1998, the County and the City will review the existing permit processing systems in an effort to reduce the processing time and cost of housing, and especially for affordable housing, to identify areas that can be streamlined. 4 Words s~.r'_'c?. !~."o'J~ are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words ~_'c'_'~!c c~..~!'c_~_~ ~. ~ .- _'c '_' .~ .". are deletions (in response to the ORC Report) Policy 2,8: Provide ongoing technical support and assistance to private developers and non-profit housing organizations in their efforts to secure State or Federal funding. Policy 2.7: Increase the utilization of existing impact fee ordinances to facilitate the development of affordable housing through the provisions of waivers and/or deferrals. CITY POLICIES *Policy 2.8: Provide financial, technical and support assistance to the residents of the Carver/River Park neighborhood through continued coordination with property owners, property managers and renters. COUNTY POLICIES *Policy 2.9: Review the County's Density Bonus Ordinance every two years to reflect changing community needs and market conditions. Encourage the blending of affordable housing density bonus units into market rate developments and review the feasibility of approving density bonus at an administrative level. *Policy 2.'10: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families. *Policy 2.11: The County Housing and Urban Improvement Department will coordinate with independent water and sewer districts to ensure that the necessary infrastructure and facilities for new housing developments are in place, and consistent with the County's Concurrency Management System. *Policy 2.12: The County will adopt and implement policies which address site locations for farm worker housing, including strategies such as density bonus agreements, impact fee waivers or deferrals, and adequate infrastructure and services. OBJECTIVE 3: By 2000, increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including strategies such as Down Payment/Closing Cost Assistance, Rehabilitation and Emergency Repair, Demolition with New Construction, and Impact Fee Waivers or Deferrals. $ Words struck thrc'.:'.~h are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words dc'_'b!c ~_tr!'ckc.-. th;_c'_'gh are deletions (in response to the ORC Report) JOINT ClTY/COUNT~' POLICIES Policy 3.1: Utilize Federal, State and local resources for housing rehabilitation programs that repair and maintain the existing housing stock. Apply for additional funding such as, but not limited to, HOME and Florida Fix as funds become available. Policy 3.2: Local governments will seek out and apply for additional funding to help provide more affordable housing and will support applications from for profit and not-for-profit organizations who apply for State and Federal funding. Policy 3.3: Utilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low, low and moderate income residents. By leveraging Federal, State and local dollars, increase by five percent (5%) per year the number of loans made by area lending institutions to very low, low and moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance. CITY POLICIES *Policy 3.8: Through the Neighborhood Planning Process, the City will identify local housing issues and develop programs as needed to address these concerns. *Policy 3.9: By 1998, the City will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existing residential character of the area. *Policy 3.10 By 1998, the City will study and make recommendations to amend the Code of Ordinances to limit "megahouses" within the City. By 2000, these changes will be reviewed to determine their effectiveness. *Policy 3.11: By 1999, the City will review the need for a housing maintenance code to address the conservation of housing stock and the preservation and protection of residential neighborhoods. COUNTY POLICIES Policy 3.12: Collier County will apply for Community Development Block Grant (CDBG) urban entitlement county status through the U.S. Department of Housing and Urban Development which will result in an annual allocation of federal funding available to assist very-low, low and moderate income households. 6 Words struc~ thrc'--?,h are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words d'c'_'b!c ~_tr!'c~_~.-. thrc'_';h are deletions (in response to the ORC Report) OBJECTIVE 4: By 2000, the County and City will conduct a comprehensive housing survey to identify substandard dwelling units. Through continued enforcement of each jurisdictions housing codes, and the provision of housing programs, the number of substandard units associated with a lack of plumbing and/or kitchen facilities throughout the County shall be reduced by 5% per year through rehabilitation or demolition. JOINT CITY/COUNTY POLICIES Policy 4.'1: By 2001, use the comprehensive housing inventory to develop and implement new programs to reduce substandard housing employing existing methods such as housing code inspections, rehabilitation, and demolition with new construction and develop new programs as needed. Policy 4.2: Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet housing code or cannot economically be rehabilitated. Policy 4.3: Review and amend the existing relocation policy of the City and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4.4: In the event of a natural disaster or government intervention, replacement housing shall comply with all applicable Federal, State and local codes and shall consider commercial accessibility, public facilities, places of employment, and housing income. Policy 4.6: Dwelling units will be maintained in a safe and sanitary condition, including adequate light, ventilation, sanitation and other provisions as required by the County and the City minimum housing codes. This will be accomplished through housing code inspections and enforcement, and housing rehabilitation programs using State, Federal, local and/or private resources. CITY POLICIES None COUNTY POLICIES Ne~e Policy 4.6: By June 1, 2001, Collier County will conduct an inventory to determine the number of non-conformin,q and sub-standard mobile home housin.q units in the Immokalee Urban Area and develop an incentive plan to up.qrade these units throu.qh the followin.q activities: 7 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words d'c_'_'b?_ ~_tr!'c_k~_.-. thrc'_';h are deletions (in response to the ORC Report) 1. Assign a team~of staff members from the following departments to implement the pro.qram: Code Enforcement, Buildin.q Review, Planning and Housing and Urban Improvement. 2. Coordinate with other agencies that monitor and inspect mobile home parks. 3. Create and incorporate into the Collier County Land Development Code, flexible development standards that will be based on minimum life and safety standards. 4. Provide economic incentives to encourage the replacement of sub-standard units. Policy 4.7: Within one year of inventory completion, the County shall complete a review of the residential density caps established in the Immokalee Area Master Plan to determine if and where it may be appropriate to increase such caps to encouraRe the development of new affordable housin.q units for farmworkers, very low and low income individuals. OBJECTIVE 5: Collier County and the City of Naples will annually monitor all identified historically significant structures to determine that these structures are being conserved, maintained, and/or rehabilitated. JOINT CITY/COUNTY POLICIES Policy 5.1: Ensure the coordination of the Housing Element policies with the Future Land Use policies relevant to historic preservation. All structures that are listed on the National Register of Historic Places, or as contributing structures within the Old Naples National Register Historic District, or structures that are designated as locally significant historic resources will be encouraged to maintain their historic value through the provision of technical assistance. Policy 5.2: By 1999, the County and City will review the land development regulations, building code, FEMA regulations, and other requirements, and amend as necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures. CITY POLICIES *Policy 5.3: The City will implement Objective 6 and all associated policies in the Future Land Use Element as they pertain to historically significant structures including the criteria for designation of locally historic resources found in Chapter 12 of the Support Document. Policy 5.4: *By 2000, coordinate with Future Land Use policies and study potential incentives to encourage the conservation, maintenance and rehabilitation of historic structures and make recommendations to City Council. Words ~'* .... ~' *~' ..... ~, are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words '~'"'~'~" "*-""~'"" *~' ..... ~ are deletions (in response to the ORC Report) COUNTY POLICIES *Policy 5.5: The conservation and rehabilitation of housing which is of historic significance shall be accomplished by working with private sector groups and private developers. *Policy 5.6: The Land Development Code that regulates the rehabilitation, demolition or relocation of historically significant housing will be emended as needed. *Policy 5.7: Every five years, the Historical Housing Construction Survey will be updated to ensure further identification of historically significant housing. The Collier County Probability maps will be updated as each new historic structure or residence is listed on the National Register or is locally nominated. *Policy 5.8: By 1999, the Historic/Archaeological Preservation Ordinance shall be updated to include any new historically significant housing and to include any changes in State or Federal regulations concerning historically properties. OBJECTIVE 6: By 1999, the County and City will ensure that local land development regulations are in compliance with State and Federal regulations regarding group homes and foster care facilities locations. JOINT CITY/COUNTY POLICIES Policy 6.1: Provide non-profit organizations with information on Federal, State and local housing resources that will assist them in the provision of special needs housing. On an annual basis, or as needed, provide technical assistance and support as organizations apply for funding assistance. Policy 6.2: Review the County and City Fair Housing ordinances and procedures and consolidate fair housing implementation in order to provide consistency and coordination between the jurisdictions. Policy 6.3: By 1999, review existing County and City land development regulations and building codes to ensure compliance with State and Federal regulations, and amend as necessary, to provide for group homes and foster care facilities licensed by the State of Florida. Policy 6.4: Group homes and foster care facilities will be allowed in residentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and consistent with Chapter 419, F.$. 9 Words =tr'--'c.u, !hrcuGh are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words ~__'c'_'~!_-- ~_t;!c?.~_,-. th;_'c'_';h are deletions (in response to the ORC Report) CITY POLICIES None COUNTY POLICIES None OBJECTIVE 7 Although mobile home parks currently exist within Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, any new mobile home parks will be restricted to areas outside of the urban coastal fringe. JOINT CITY/COUNTY POLICIES None CITY POLICIES *Policy 7.t: The City formally recognized the existence of one mobile home park in the city limits through a Planned Development rezone process. This rezone process recognized that the Naples Mobile Home Park does provide affordable housing opportunities to those living in the 141 mobile homes and 31 recreational vehicle spaces within this complex. *Policy 7.2: Additional mobile home developments will not be permitted in the city limits due to the City's low elevation, susceptibility to flooding, storm surges and high winds in hurricane and tropical storms and that mobile homes are particularly vulnerable to damage. COUNTY POLICIES *Policy 7.3: The County has numerous sites where mobile homes are a permitted use and these sites will continue to be available for mobile home development. However, due to the low lying elevations, susceptibility to flooding, storm surges and high winds from hurricanes and tropical storms, and that mobile homes are particularly vulnerable to damage, no additional sites will be zoned for mobile home development within coastal Collier County. OBJECTIVE 8 The number of new and rehabilitated units shall increase by 50 units per year to address those households with special needs such as rural and farmworker housin.q in rural Collier County. Policy 8.1: The County will coordinate with the USDA and other State and Federal A.qencies to provide technical and financial assistance, impact fee waivers and deferrals and increased density, consistent with the Immokalee Area Master Plan, for a 300 bed facility to provide housin.q for unaccompanied a.qribusiness workers. 10 Words struck. thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words d'c_'-b!_~ =t:!-'_k'c.". thrc'_'~h are deletions (in response to the ORC Report) Policy 8.2: The County will prepare a housing assessment of single family, multi-family, and mobile home units and mobile home parks in the Immokalee Urban Area to determine the number of units that do not meet health and safety codes and the minimum housing code and target affordable housing and code enforcement programs to correct the conditions. Policy 8.3: Funding for rehabilitation of both owner and rental units will be provided through USDA funding and State SHIP funding and leveraged with additional funding sources to the maximum degree possible. Policy 8.4: Farmworker housing sites will be evaluated and selected to ensure that housing for this group is located in close proximity to such things as employment locations, transportation opportunities, shopping opportunities, and health care facilities. Policy 8.5: Collier County will continue to make available all first-time homebuyer programs including SHIP, CDBG, and other State, Federal, and Private funds to Farmworkers through a multi-lingual marketing approach coordinated with local outreach services. The County anticipates that 50 farmworkers per year will become homeowners by implementing special outreach programs to encourage homeownership in the farmworker community. Policy 8.6: When Collier County is awarded entitlement community status, CDBG funds will be used to provide additional farmworker-housing opportunities. In addition to housing units that currently qualify for assistance under SHIP program guidelines, special consideration of CDBG funds will be aimed at units that current SHIP program guidelines prohibit from assistance (i.e. mobile home units). Farmworkers will also be encouraged to take advantage of any other CDBG, SHIP, Local, State, Federal, and private programs through multi-lingual outreach programs to the farmworker community. 11 Words err, ,,-,t,, ,~ .....~ ............. =., are deletions; words underlined are additions (in response to the Final Order items A - K); words double underlined are additions (in response to the ORC Report); words '~'"'~'"' -*-"~'"'" *~' ..... ~' are deletions (in response to the ORC Report) Exhibit A-5 GOLDEN GATE AREA MASTER PLAN Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 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. COLLIER CO"J.~.~TY =-O^RD OF CO'JHTY CO~!SS!OHER$ /'~/'11 I IC:D (',rll IId'rV DI AldkllKIr~_ Russse! ^. E d'.-.'= :d J. 2 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. INTRODUCTION TABLE OF CONTENTS Paae 2 II. OVERVIEW A. B. County-Wide Planning Process Golden Gate Planning Process 4 III. IV. V. Vl. VII. VIII. IMPLEMENTATION SECTION A. Goals, Objectives and Policies B. Land Use Designation Description 1. Urban 2. Estates 3. Agricultural/Rural Settlement SUPPORT DOCUMENT APPENDIX 1 - CONDITIONAL USES APPENDIX 2 - COMMERCIAL LAND USE NEEDS APPENDIX 3 - GGAMP QUESTIONNAIRE RESULTS APPENDIX 4 - PUBLIC PARTICIPATION SCHEDULE LIST OF MAPS 5 5 10 23 28 Map Paae 1 Golden Gate Master Plan Study Areas 3 **2 Golden Gate Area Future Land Use Map 6 23 High Density Residential Subdistrict 13 ~ Urban Mixed Use Activity Center 14 -4_5 CR-951 Commercial In-fill Subdistrict 16 $6 Activity Center Map 18 · 7 Santa Barbara Commercial Subdistdrict 20 68 Golden Gate Parkway Professional Office 22 Commercial Subdistrict 7-9 Golden Gate Estates Neighborhood Centers 25 811:)Randall Boulevard Commercial Subdistrict 27 11 Southern Golden Gate Estates Natural Resource Protection30 Overlay *Adopted Portion ! Words :tr'--'ck thrc'.:'gh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. I. INTRODUCTION Collier County has experienced a tremendous rate of population growth since 1980 and the trend is anticipated to continue. In response to the anticipated population increase and the Growth Management Act of 1985, Collier County adopted a revised Growth Management Plan in January of 1989 as part of a statewide effort to effectively manage growth. The Golden Gate Area (see Map 1) has grown at an even higher rate than the County-Wide rate since 1980 and is projected to contribute significantly to County-Wide growth in the future. The Golden Gate Area was previously subject to the regulations outlined in the County's Growth Management Plan. However, in 1991, the unique characteristics of the area resulted in adoption of a separate Master Plan for Golden Gate. This Master Plan became a separate Element of the County's Growth Management Plan and supersedes Objective 1, Policy 1.1, and Policy 1.3 of the County-Wide Future Land Use Element. All other Goals, Objectives, and Policies contained in the Future Land Use Element and all other Elements are applicable. In addition, the Golden Gate Area Future Land Use Map will be used instead of the County-Wide Future Land Use Map. In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal (EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91-15, which adopted the original Golden Gate Area Master Plan was repealed and a new Ordinance 97-64 was adopted. This plan includes three major sections: The OVERVIEW section provides an introduction to County-Wide and Golden Gate Area planning efforts. The IMPLEMENTATION STRATEGY places the Plan into effect. Strategies have been developed to address land use, public facilities, and natural resources. This section also includes the Goals, Objectives, and Policies, and the Golden Gate Area Future Land Use Map. The SUPPORT DOCUMENT outlines data and information used to develop the implementation strategy and the Goals, Objectives, and Policies. 2 Words =tr'.'c,u. through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. GOLDEN MAP 1 GATE AREA MASTER STUDY AREAS COLLIER COUNTY, FLORIDA LAKE TEAFFORD PLAN HENDRY CO. COLLIER CO. IMMOKALEE C.R, 848 LEE CO. COLLIER CO. I C.R. 846 CI3'~ OF NAPLES-----~. S.R. 84 MARCO -..~,~. L ISLAND N SCALE PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SEC33ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVlCES DI'vlSION FILE: GC-MP-91~.DWG DATE: 12/96 O~ i~E~/C° I -75 EVERGLADES CITY II. OVERVIEW ., A. COUNTY-WIDE PLANNING PROCESS As mandated by Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulations Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance", Collier County adopted a new Growth Management Plan in January of 1989. This legislation requires all Counties and municipalities throughout the State of Florida to develop a plan, which consists of the following elements: 2. 3. 4. 5. 6. 7. 8. 9. Land Use; Transportation; Housing; Public Facilities; Capital Improvement; Recreation and Open Space; Intergovernmental Coordination; Housing; and Conservation and Coastal Management (Coastal Counties). Chapter 163, F.S. and Rule 9J-5 also require that the Growth Management Plan be evaluated every 7 years and prepare an Evaluation and Appraisal Report (EAR) to determine how the existing Growth Management Plan has carried out its Goals, Objectives and Policies. In April 1996, the Board of County Commissioners adopted the EAR. The Golden Gate Area Master Plan has been readopted to carry out the recommendations of the EAR. B. GOLDEN GATE AREA PLANNING PROCESS Collier County's Future Land Use Element is divided into two sections. The first section outlines the Goals, Objectives and Policies. The second section is the Land Use Data and Analysis. Policy 4.1, contained within the Goals, Objectives and Policies section, states the following: "A detailed sector plan for Golden Gate Estates shall be developed and incorporated into this Growth Management Plan by August, 1991. The sector plan shall address Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations." In February 1991, the Board of County Commissioners adopted the original Golden Gate Area Master Plan after assistance and recommendations from a Citizens Steering Committee. 4 Words "-.truck thrcuGh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. III. IMPLEMENTATION STRATEGY This section places the plan into effect. Implementation strategies include the Goals, Objectives and Policies, and the Land Use Designation Description Section. GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING WHILE BALANCING THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. OBJECTIVE 1.1: Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders effective with the adoption of this Master Plan. Standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts are identified in the Land Use Designation Description Section of this Element. Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: URBAN - MIXED USE DISTRICT Urban Residential Subdistrict High Density Residential Subdistrict URBAN - COMMERCIAL DISTRICTS Activity Center Subdistrict CR-951 Commercial In-fill Subdistrict Commercial Under Criteria Subdistrict Interstate Activity Center Subdistrict Santa Barbara Commercial Subdistrict Golden Gate Parkway Professional Office Commercial Subdistrict Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: ESTATES - MIXED USE DISTRICT a. Residential Estates Subdistrict b. Neighborhood Center Subdistrict c. Randall Boulevard Commercial Subdistrict d. Conditional Uses Subdistrict Policy 1.1.3: The AGRICULTURAL/RURAL Future Land Use Designation shall include the following Future Land Use District: Words struck through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND ] INTILL COMMERCIAL [] SETTLEMENT AREA ] URBAN RESIDENTIAL m ~ RE$1DLNTIAL CCX~4MERCIAL DISmlcm INTERSTATE ACTIV1TY CENTER AS DESCRIBED IN COUNTY NAPLES IMMOKALEE ROAD PIN i RI~E GOLDEN GATE PARKWAY PROFESRIONAL OFFICE ~ COMMERCIAL DISTRI7 DAVIS BLVD. EXT. WHITE BLVD, GOLDEN GATE GOLDEN GATE AREA FUTURE LAND USE MAP RANDALL RANDALL BOULEVARD COMMERCIAL 1~STRICT ~SlBouLEVARD S.R.-84 AMENDED- MAY 19, 1992 AMENDED- JULY 27. 199.3 AMENDED- APRIL 12. 1994 AMENDED- MARCH 14. 1995 AMENDED- OCTOBER 27, 1997 NAPLES IMMOKALEE ROAD OIL WELL ROAD BOULEVARD R 28 E Policy 1.1.4: Conditional Use requests shall adhere to the guidelines outlined in the Conditional Use Description Section. Policy 1.1.5 Conditional Use requests shall be approved by the Board of County Commissioners by a Super Majority (4/5) vote. Policy 1.1.6: No development orders shall be issued inconsistent with the Golden Gate Master Plan with the exception of those unimproved properties granted a positive determination through the Zoning Re-evaluation Program and identified on the Future Land Use Map Series as properties consistent by Policy and those development orders issued pursuant to conditional uses and rezones approved based on the County-Wide Future Land Use Element (adopted January 10, 1989, Ordinance 89-05) which was in effect at the time of approval. Any subsequent development orders shall also be reviewed for consistency with the Growth Management Plan based on the County-Wide Future Land Use Element. OBJECTIVE 1.2: Ensure public facilities are provided at an acceptable level of service. Policy 1.2.1: Requests for new uses of land shall be subject to level of service standards and concurrency requirements for public facilities as outlined in the Capital Improvement Element of the Growth Management Plan. Policy 1.2,2: The Golden Gate Area Master Plan shall be updated on an annual basis to reflect changes in programmed public facility improvements. Policy 1.2.3: The Collier County Transportation Department shall continue to explore alternative financing methods to accelerate paving of lime-rock roads in the Estates. Policy 1.2.4: Consistent with Florida Chapter Law #89-169, Florida Cities Water Company shall provide updated water and sewer service data to the Collier County Utilities Division on an annual basis. Policy t,2.5: Due to the continued use of individual septic systems and private wells within a densely platted urban area, Florida Cities Water Company is encouraged to expand their sewer and water service area to include all of that area known as Golden Gate City at the earliest possible time. 7 Words struck through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. Policy 1.2.6: The Golden Gate Fire District in cooperation with County entities if appropriate, shall investigate the establishment of permanent drafting stations strategically located along the canals in Golden Gate Estates as a water resource to fight fires within the area. OBJECTIVE 1.3: The County shall continue to protect and preserve the valuable natural resources within the Golden Gate study area. Policy 1.3.1: The Planning Services Environmental Review staff shall coordinate with all other units of local governments involved in land use activities, permitting, and regulating to ensure that all Federal, State and local natural resource protection regulations are being enforced. Policy 1.3.2: The Golden Gate Area Master Plan shall be updated within a reasonable time period after the date set forth for completion in Policies 1.1 and 1.3 of the Conservation and Coastal Management Element of the Growth Management Plan. OBJECTIVE 1.4: Provide a living environment, which is aesthetically acceptable and enhances the quality of life. Policy 1.4.1: The County's Code Enforcement Board shall strictly enforce the Land Development Code to control illegal storage of machinery, vehicles, and junk, and the illegal operation of commercial activities within the Golden Gate Area. GOAL 2: THE COUNTY RECOGNIZES THAT THE SOUTHERN GOLDEN GATE ESTATES PROJECT (SGGE), AS PART OF THE FEDERAL SAVE OUR EVERGLADES PROGRAM, THAT AREA WHICH LIES SOUTH OF STATE ROAD 84 TO US 41, IS AN AREA OF SPECIAL EVlRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND HYDROLOGICALLY IMPORTANT. OBJECTIVE 2.1: Immediately upon adoption of this Objective public infrastructure will be handled by the following policies. Policy 2.1.1 Minimal road maintenance to include traffic signage, right-of-way mowing and road surface patching/grading will continue. Policy 2.1.2 Consistent with the Public Facilities Element, public water and sewer facilities shall not be expanded into SGGE. Policy 2.1.3 Special taxing districts associated with infrastructure improvements shall not be created for or expanded into SGGE. Words :tr'_'c~ through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. Policy 2.1.4 The County shall apply Chapter 28-25, F.A.C., "Boundary and Regulations for the Big Cypress Area of Critical State Concern" to those Golden Gate Estates units located within the Big Cypress Area of Critical State Concern. OBJECTIVE 2.2: In order to further its goal of protecting this area of special environmental sensitivity, the County will coordinate with DEP in an effort to assist the State's acquisition of privately owned property within $GGE to the extent consistent with the recognition of existing private property rights. Policy 2.2.1: The County shall direct inquiries and make information available regarding options for the sale or donation of land to the State, or other inquiries regarding acquisition, to the Florida DEP, Bureau of Land Acquisition's designee, as provided by DEP. Policy 2.2.2: The County will designate a member of the Community Development and Environmental Services Division to act as liaison between property owners and DEP so as to provide accurate information regarding the acquisition of land in SGGE. Policy 2.2.3: Immediately upon adoption of this policy, implement a system for reviewing applications for development in SGGE, which will include the following two step procedure: Step I: A. Pre-application Procedure: Notice to DNR, DEP, Bureau of Land Acquisition, of the application within 5 days of receipt; Notice to the applicant of DHR's DEP's acquisition program, the lack of public infrastructure and the proposed restoration program for SGGE; Within the notice of D,NR's DEP's acquisition program, the applicant shall be encouraged to contact DNR DEP's, Bureau of Land Acquisition to determine and negotiate whether DNR DEP intends to purchase applicant's property at fair market value; Prior to the processing of an application for development approval (Step II) the applicant shall provide to the County proof of coordination with DNR DEP. Upon execution of a contract for sale, the pre-application shall be placed in abeyance pending completion of the purchase by DNR DEP: Step I1: E. Application Review Procedure: The County shall review the environmental impacts of the application in order to minimize said impact; Fo The County shall apply Section 2.2.24.3.2, Development Standards and Regulations for ACSC-ST of the County's Unified Land Development Code or Words ...tr'--'ck thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Cdtical State Concern", whichever is stricter; and, The County shall provide a m!,-,!mum maximum review and processing time of 180 days from the date of commencement of the pre-application procedure before any development permits are issued. OBJECTIVE 2.3: In order to further this Goal, Collier County recognizes the DEP's Work Plan and time frames for completion of the reappraisal and purchase of lands in SGGE as follows: · Reappraisal of lands by December 1998, using the Uniform Standards of Professional Appraisal Practices, without limiting conditions. · Complete purchase of the $GGE project by December 31, 2000. Policy 2.3.t: Recognizing the time frames described in Objective 2.3 above, if either the reappraisal or purchase is not completed by the dates specified in the Work Plan, the Board of County Commissioners will initiate the process to amend the Growth Management Plan to delete Goal 2 and its related Objectives and Policies during the first amendment cycle following the first scheduled completion date of December, 1998 described in the Work Plan. lO Words struc~ thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener~s errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. B. 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 criteria 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 majority 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 and school facilities co- located with other public facilities such as parks, libraries, and community centers, where feasible and mutual/i/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 1/~ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, Golden Gate Urgent Care. 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: 11 Words struck thrcu~,h are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. 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. Urban-Mixed Use District This district is intended to accommodate a variety of residential and commercial land uses including single-family, multi-family, duplex, and mixed use (Planned Unit Development). 1) Urban Residential Subdistrict All land within the urban mixed use designation is zoned and platted. However, any parcel to be rezoned residential is subject to and must be consistent with the Density Rating System: DENSITY RATING SYSTEM: a) BASE DENSITY - Four (4) residential units per gross acre, which may be adjusted depending upon the characteristics of the project. In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. b) The following densities per gross acre may be added to the base density: i. Conversion of Commercial · 16 dwelling units - if the project includes conversion of commercial zoning which is not located within an Activity Center or which is not consistent with adopted siting criteria for commercial land use, a bonus of up to 16 dwelling units may be added for every one acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. ii. Proximity to Activity Center · 16 dwelling units - Within an Activity Center · 3 dwelling units - Within I mile of Activity Center III. Affordable Housing as defined by the Affordable Housing Density Bonus Ordinance (#90-89 adopted November 22, 1990) · 8 dwelling units iv. Residential In-fill - if the project is 10 acres or less in size; located within an area with central public water and sewer service; compatible with surrounding land uses; has no common site development plan with adjoining property; no common ownership with any adjacent parcels; and the parcel in question was not created to take advantage of the in-fill residential density. · 3 dwelling units Roadway Access - Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Services Division) or the road is scheduled for completion dudng the first five years of the Capital Improvement Schedule. 12 Words "-tr'-'ck through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. c) · Add I dwelling unit - if direct access to two or more arterial or collector roads as identified in the Traffic Circulation Element. There are Density Bands located around Activity Centers. The density band around an Activity Center shall be measured by the radial distance from the center of the intersection around which the Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the entire project. Density bands shall not apply within the Estates Designation. 2) High Density Residential Subdistrict To encourage higher density residential and promote mixed uses in close proximity to Activity Centers, those residential zoned properties permitting up to 12 dwelling units per acre which were located within and consistent with the Activity Center designation at Golden Gate Parkway and Coronado Parkway established by the 1989 Collier County Growth Management Plan and subsequently removed by the creation of a new Activity Center via the adoption of the Golden Gate Area Master Plan are recognized as being consistent with this Master Plan and are outlined on Map 3. Urban Commercial Districts 1) Activity Center Subdistrict The Activity Center designated on the Future Land Map is intended to accommodate commercial zoning within the Urban Designated Area. Activity Centers are intended to be mixed-use (commercial, residential, institutional) in character. The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The size and configuration of the Activity Center is outlined on Map 4. The standard for intensity of uses within each Activity Center is that the full array of commercial uses may be allowed. Hotels and motels that locate within an Activity Center will be allowed to develop at a density consistent with the Zoning Ordinance. All new residential zoning shall be consistent with the Density Rating System. Existing commercially zoned and developed areas, which are not within an Activity Center or do not meet other commercial siting criteria, will be allowed to expand only to the extent permitted under the zoning classification for that property. Expansion involving aggregation of additional property occurring after adoption of this Plan shall be subject to the policies of this Plan. 13 Word~ -* ....~. *~- .....h are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. MAP 3 HIGH DENSITY RESIDENTIAL SUBDISTRICT 1989 BOUNDARIES OF ACTIVITY CENTER 1 I I I I 1 I 1 F /t Uli_ ] L [ 'j PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GC, MP-6B.DWG DATE: 11/96 ACTIVITY CENTER I I I MAP 4 URBAN MIXED USE ACTIVITY CENTER GOLDEN GATE PARKWAY AND CORONADO PARKWAY COLMER COUNTY, FLORIDA t PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGIdP-7.OWG DAll[: 12/96 I I o 54X~FT tOOOFT GQL,D~4 GA~E pN~Ct~/Ay A#D C~Kk~4ADO pAI~Kli~y LEGEND ACTIVITY C~'~R BOIJNOA~IES Exhibit A-6 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 Symbol AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOPs Conservation and Coastal Management Element April 21,2000 GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF NATURAL RESOURCES. ITS OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1.1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.4: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy t.1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. 1 Words --.truck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~J~sJ~.,v~ thmae~ are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21,2000 Policy 1.1.7: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1,2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. Policy 1.2,2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by established water-shed and sub-basin units. Policy 1.2,4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. OBJECTIVE 1.3: By August 1, 1994, complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources Protection Areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially 2 Words struck thrcuGh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words deu~Ne-~t~.k~ thrc'_'gh are deletions (in response to the ORC report) G OPs Consen/ation and Coastal Management Element April 21,2000 Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission) and their habitats. Policy 1.3.1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; 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 NRP^s already degraded; d. ^ review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. ^ program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. 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 NRP^s 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. 3 Words struck thrcuGh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ t,b, mU~ are deletions (in response to the ORC report) GOPs Consen/ation and Coastal Management Element April 21,2000 GOAL 2: THE COUN:rY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems_. Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land-disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non-structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect wetland and estuary ecosystems; Go Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt-water intrusion are lessened; eo The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; and The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and h. Non-structural rather than structural methods of surface water management should be considered first in and proposed newworkso 4 Words ctr'--'cP, thrcuGh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~e~b~,e-st~,.~ thr. eu~h are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 2.1.$: As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2.1.6: Promote intergovernmental cooperation between Collier County and the municipalities Naples and Everglades City for consistent watershed management planning. of Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands are encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy 2.2.5: By December 31, 1998, identify stormwater management systems that are not meeting State water quality treatment standards. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine 5 Words str'-'c~ thro~.". are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ea~a~e.~t~ tJ:~eue~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 system or rivers or canals that flow into the estuarine system. Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: Continue to implement and refine a water quality and sediment monitoring program for the estuarine system Policy 2.3.5: Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement includes the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run-off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3.6: Restrict development activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: By June 30, 1998, complete a draft agreement with the Florida Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The agreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: At a minimum the County shall notify Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of Environmental Protection staff to participate in the development of future coastal and watershed management plans. Policy 2.4.3: 6 Words str'--'ck throu.qh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~b~e-~,Af.k~e ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 The County will request the cooperation of the Department of Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Policy 2.5.'1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. 7 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 GOAL 3: THE COUNYY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards by January 2002 and shall be maintained thereafter. Policy 3.1.1 Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Mana.qement Zones defined as follows: a) W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year .qround water travel time to the wellfield). b) W-2 is the land area between the W-1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield). c) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W-3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk mana.qement zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones. b) Future solid waste transfer stations: prohibited in W-l, W-2, W-3. c) Future solid waste storage, collection, and recycling storin.q hazardous products and hazardous wastes: prohibited in W-l, W-2, W-3. d) Future non-residential uses involving hazardous products in quantities exceedin.q 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W-l, W-2, W-3. e) Future domestic wastewater treatment plants: prohibited in W-1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. .q) . Land application of domestic residuals: limit metal concentrations, nitro.qen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W-1 and W-2, conditional use required in W-3 and W-4. i) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to dischar,qe in zone W-1 subject to complying with construction standards and provision of an automatic dosin.q device and a low-pressure lateral distribution. j) On-site sewage disposal systems (septic tanks) servin.q existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W-l, W-2, and W- 3 shall meet all construction and operating standards contained in 64E-10, F.A.C. as 8 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words d~Ate~4~e~ t~euejh are deletions (in response to the ORC report) GOPs Consen/ation and Coastal Management Element April 21, 2000 the rule existed on Au,qust 31, 1999 and shall implement a .qround water monitorinR plan. Conditional uses shall be Rranted only in extraordinary circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. OBJECTIVE 3.~2: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. Policy 3.-~2.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. Policy 3.-1._2.2: Implement the South Florida Water Management District's well construction standards in the Collier County Well Construction Ordinance that will provide for inspections and penalties if well drillers do not follow these standards. Policy 3.-~_2.3: A committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff will continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. Policy 3.-~2.4: The County will inform well contractors and drillers and the public on the necessity for proper well construction and hold. workshops for well drillers on proper techniques for well construction in Collier County. Policy 3.-1-2.5: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. OBJECTIVE 3.23: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.;~3.1: Maintain and refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. 9 ................ =.. are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 Policy 3.33.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". Policy 3.;~3.3: Continue to identity and delineate existing land uses that possess the greatest potential for wellfield contamination. Policy 3.,33.4: Continue to establish and apply technically and legally defensible criteria for determining and mapping zones of protection. inc!uric: d:mcnctr:t:d ;:dorm:nc: :t:nd:rdc. lO Words s!r'.:'ck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words deeb~e-r,V.i~,e~ U:meegh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.4.'1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4,2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. 11 Words struck thrcuGh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ t~ea~3h are deletions (in response to the ORC report) GOPs Consen/ation and Coastal Management Element Apd121, 2000 GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.'1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.'1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. OBJECTIVE 4.2: The County will promote conservation of its water supply and by April 1, 1998, develop a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Policy 4.2.6: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. 12 Words struc~ *~' .....~' are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21,2000 GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5.1.4: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1). Policy 5.1.5: Monitoring shall be required to determine compliance with State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy 5.2.t: The Program will define reclamation standards for the protection and restoration of wildlife habitat. OBJECTIVE 5.3: On biennial basis, beginning in October, 1998, review and refine estimates of types and quantities of existing minable mineral resources in Collier County, based in information collected during previous biennium. Policy 5.3.1: Work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. 13 Words str'--'c.u. thrcu~h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~.e~mjh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 OBJECTIVE 5.4: The County shall maintain its program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. Policy 5.4.1: Rely on the USDA Natural Resources Conservation appropriate soil conservation guidelines for agriculture. Service to provide the County with 14 Words =truc~ through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words d~a~e-~fi~,e~ ~ are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21,2000 GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. Objective 6.1: By June 1, 1998, 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 species protection consistent with policies 6.4.6 and 6.4.7 through negotiations between County Staff and development interests as part of the public hearing process. These negotiations are based on provisions in the Collier County Land Development Code No. 91-102. Policy 6.1.1: By June 1, 1998, inventory, define, and prepare development standards and prepare criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3 By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of this process. Policy 6.1.5: The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6.1.7: Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this Element will apply. Policy 6.1.8 Incentives should be created which would allow development to continue, but at the same time 15 Words struck thrcu;h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thr. eugh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element Apr# 21,2000 would also insure that some of the most ecologically sensitive habitat and vegetative communities are retained. Policy 6.1.9 In the event that the County adopts an open space recreational system, consideration should be given to incorporating the linkage and protection objectives of the retained habitat. OBJECTIVE 6.2: There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands, which are addressed in Objective 6.3. 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 (Objective 6.1) are adopted, the following policies shall serve as interim cdteria for incorporation into all development orders. Policy 6.2.2: All wetlands are designated as environmentally sensitive areas. Policy 6.2,3: Altered or disturbed wetlands degraded wetland ecosystems. are considered to be not viable, not naturally functioning, Policy 6.2.4: The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy 6.2.5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2.6: Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02 (17), Florida Administrative Code, "Submerged Marine Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6.6. Policy 6.2.7: Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. 16 Words str'-'cP. through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 6.2.8: All mitigation for development in Coastal area wetlands should occur in the Coastal area. Policy 6,2,9: Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Protection. Policy 6.2.10: Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2.12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2.13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cjuster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. OBJECTIVE 6.3: A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DER and the COE permitting process and approved by the County. Policy 6.3.1: The transitional zone wetland 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. Policy 6.3.2: Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland 17 Words struck thrc-'-'gh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 areas, or preservation, "enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6.3.3: Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. A conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. Policy 6.3.4: Wetlands shall be delineated 373.421 Florida Statutes. according to Section 373.019 Florida Statutes and Section OBJECTIVE 6.4: A portion of each viable, naturally preserved or retained as appropriate. functioning non-wetland native habitat type shall be Policy 6.4.1: Continue to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be preserved. Policy 6.4.3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6.4.4: Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.5: Developments greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in all applicable objectives and policies of this Conservation and Coastal Management Element. Policy 6.4.6: All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space, which are planted with native species, shall be 18 ................. =., are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report}; words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4.7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However, this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels, which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4.8: Agriculture shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for at least ten years. For any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. OBJECTIVE 6.5: The County shall continue to incorporate native vegetation into landscape designs in order to promote the preservation of native plant communities and encourage water conservation through native vegetation. Policy 6.5.1: Priorities for incorporating non-invasive native vegetation into landscape design shall be as follows a) The first choice is to keep and enhance existing native habitats on site and intact for incorporation into the landscape design. b) If this is not practicable, then consideration should be given to transplanting existing species to another location on site. c) If this is not practicable, then attempt to use native species to recreate lost native habitat. d) If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote "xeriscape" principles. Policy 6.5.2: Landscape Ordinances requirements. will continue to identify specific plant coverage and assemblage 19 Words str'--'ck thrc'--'gh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thce,,~jh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management E/ement April 21, 2000 OBJECTIVE 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat. Policy 6,6.1: Annually identify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged marine habitats that are deemed important. Policy 6,6,2: Continue to regulate boat traffic and other uses and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. Policy 6.6.3: Where applicable, guidelines of the Department of Environmental Protection for Outstanding Florida Waters and Aquatic preserves shall be considered to review land development projects in and near sea grass beds. OBJECTIVE 6.7: The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.7.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.7.2: Continue to meet with the appropriate counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6,7.3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. OBJECTIVE 6.8: The County shall protect natural reservations from the impact of surrounding development. Policy 6.8.1: All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County's development review process to insure no unacceptable impact to the natural reservation. Policy 6.8.2: Criteria contained in applicable objectives development near natural reservations. and policies of this Element shall apply to 20 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~bte-~t~.k~a ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 7: THE COUN;rY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1: The County shall continue to improve marine fisheries productivity by building additional reefs. Policy 7.1.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy 7.1.2: The County will coordinate its activities with the Florida Department Protection, the Marine Extension Office and other appropriate agencies. of, Environmental OBJECTIVE 7.2: Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through the mechanisms and criteria contained within this element, the County's objective is to control the number of manatee deaths due to boat related incidents to no more than this seven- year average. Policy 7.2.1: Characterize and map designated critical manatee critical habitats and evaluate areas of greatest potential threats. Policy 7.2.2: Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of manatees is from boats. Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5). Policy 7.2.4: The County will continue to work with appropriate State and Federal agencies to identify areas where propeller driven boats will be prohibited. OBJECTIVE 7.3: By January 1, 1992, the County shall develop and implement programs for protecting fisheries and other animal wildlife. Policy 7.3.1: By accrediting Natural Resource staff as code enforcement officers, the County shall continue to enforce its existing Sea Turtle Protection Ordinance which provides standards for shielding outdoor lighting, protecting nests from surrounding construction activities, and relocating nests. 21 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ th~eu~jh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 7.3.2: Continue to update the guide for homeowners and builders, which explains the need for protecting sea turtles and how this can be accomplished. Policy 7.3.3: The County will continue to prepare management guidelines to be incorporated as stipulations for land development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Florida Panther, wood stork habitat and for other species of special status. Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of Technical Assistance to Local Government, and U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. Policy 7.3.5: The County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts, which will require relocation of burrows. The suitability of alternate sites should be evaluated as to: a. physical suitability of the site, b. long-term protection, c. conflicts with other management objectives for the land, and. d. costs of relocation. Policy 7.3.6: A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission shall be required for developments greater than 10 acres as part of the County's ElS review process. 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 may be discovered as a result of the species survey required in Policy 7.3.6. Policy 7.3.8: The County will continue to periodically review and revise its existing codes providing for appropriate prohibitions and restrictions on the commercial possession, use, and harvesting of undesirable exotic species. Policy 7.3.9: The County will support the efforts of the U.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the known habitat for the County's Florida Panther as "Areas of Environmental Concern" on the County Future Land Use Map. 22 Words struck thrcuGh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thr. e,,~h are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activities in the County shall comply with standards. all applicable federal and State air quality Policy 8.1.'1: The County will rely on the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Policy 8.'1.3: The local fire departments, Florida Department of Environmental Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Sheriffs Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.1.5: By January 1, 2000, the County shall investigate the need for a more comprehensive local air quality monitoring program. 23 Words -* ....~- *~' .....~' are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GO/as Conservation and Coastal Management Element April 21,2000 GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1 The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established underTitle III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9. t .3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Policy 9,2,1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. 24 Words -..tr'Jc,u. through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~e-~.r~.k,e~ thr. ea~ are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21, 2000 Policy 9,2.2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to hold collection day at least once per year. its hazardous waste Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. OBJECTIVE 9.4: a,, o~,,,~,,,~,, -~n 4 os,', tThe County shall establish-a continue to implement its local storage tank compliance program. Policy 9.4.1: The County shall implement provisions of the contract with the Department of Environmental Protection under the Super Act provisions in order to avoid any duplication of effort. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. Policy 9.4.3 Unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62-761, F.A.C., as it existed on Au.qust 31, 1999. 25 Words -~ ....~, *h .....~' are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 10: THE COUN;!'Y SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. Policy 10.1.1: Priorities for water-dependent uses shall be: a. Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industries or utilities. Policy 10.1.2: No deep water ports shall be allowed. Policy 10.1.3: Priorities for water-related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy 10.1.4: The following priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses shall apply: a. b. C. d. e. f. g. areas presently developed, disturbed uplands, disturbed freshwater wetlands, disturbed marine wetlands, viable, unaltered uplands, viable, unaltered freshwater wetlands, viable, unaltered marine wetlands. Policy 10.1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) 26 Words struck thrcu~,h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ tJ~e~h are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 10.1.6: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump-out facilities; Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water. Co Marina facilities must be accessible to all public services essential to ensure their safe operation. Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 10.1.7: Marinas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy 10.1.8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate the economic need and feasibility for such development. Policy 10.1.9: These policies shall serve as criteria for the review of proposed development in "ST" designated lands. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is 27 Words str'-'ck thrcu?,h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 not sufficient, then the; County shall acquire additional access points as a part of the renourishment project. Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy 10,2,5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3,2: Any development activities on an undeveloped coastal barrier must be protection of the natural form and function of the coastal barrier system. compatible with Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural-characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3,$: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures 28 Words s~.r'cc?. ~.hrc'c~,h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thr. eae~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the above Goals, related to coastal barrier systems. Objectives, and Policies 29 Words =truck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words thr. eue~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 OBJECTIVE t0.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. 30 Words str'cc.u. t~."c'Jgh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words 6~,~,e-~c,,v~e~ thr.4~jh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 Policy 10.4.10: Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.4,11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.'12: In permitting the repair and/or reconstruction of shore parallel structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired structures will be redesigned engineered stabilization Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. 31 Words ~tr'.'c,u. thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: Pursue the acquisition development. of undeveloped beaches and dunes as the first alternative to Policy 10.5.8: Prohibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 10.5.9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.$.'!0: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy 10.5.11: The County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. OBJECTIVE 10.6: -,,, ,~,,g,,o, ~ oon t The Coun shall _.._~. .......... , ........~ .... Pr-egrar~ conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. Policy 10.6.1: In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10. 5, development within the County's coastal zone shall also meet the following criteria: 1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres: a. Wi.q~!ins Pass Unit FL-65P, b. Clam Pass Unit FI-64P, c. Keywaydin Island Unit P-16, d. Ti.qertail Unit FI-63-P, e. Cape Romano Unit P-15. 32 Words -..truck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the OR(3 report); words ~ threeejh are deletions (in response to the OR(:; report) GOPs Conservation and Coastal Management ElementApril 21,2000 2. Site alterations shall be concentrated in disturbed habitats thus avoidin.q undisturbed pristine habitats (Reference Policy 10.1.4). Beachfront developments shall restore dune ve.qetation. Projects on coastal barriers shall be landscaped with native Southern FloridJan species. Boathouses, boat shelters and dock facilities shall be located and ali.qned to stay at least 10 feet from any existin.cI sea.qrass beds except where a continuous bed of sea,qrass exists off of the shore of the property, in which case facility hei.qhts shall be at least 3.5 feet NVGD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. Policy 10.6.-~_2: The prcgr3m h".c!'--'des The requirements of Policy 10.6.1 identifies the maRa~~, guidelines and performance standards t~epar-ed for the undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine NRPA (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. Policy 10.6.43: T. ............~'~"'" t"~' imp!!cat!ons '-*" '-'-"~"~'-' "-'-' !n ==" ~ ....~ For shoreline development projects where an ElS is required, an analysis shall demonstrate that the project will remain fully functional for its intended use after a six-inch rise in sea level. Policy 10.6.~_3: Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drilling projects in this sensitive area. 33 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 11: THE COUN;FY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Policy '11.1 .'1: Continue in effect regulations regarding development and other land alteration activities that ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy '11.1.2: There shall be no loss of historic or archaeological resources on County-owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall be identified and shown on the site plans; bo The County shall establish waivers for non-safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; Go As an altemative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy 1'1.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. 34 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ t~.eagh are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21, 2000 GOAL 12: THE COUN:I'Y SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE -1.31_~2.1: ,- ......... ,~. .... ,4.,,.,~.~..,...~ ~,.,;,,~,; ........... *" ~"";" ~"' The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the 4987 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame 3,",d by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category I evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. hurric:r,~ .... ' Policy 12.1.1: A comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. This information shall be made readily available to all hotel/motel guests. Policy -t-,11__2.1.2: Land use plan amendments in the Category I hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy 12.1.3: The County shall continue to identify shelter space that complies with Red Cross standards for 45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of 20 square feet per person. Policy 12.1.4: The County shall continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on-site or provide funding to enhance existing public shelters off-site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June-November time frame. On-site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as "essential facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed with adequate emergency electrical power and potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first-aid equipment. A telephone and battery-operated telephone is also required within the shelter. 35 Words -* ....~' +~'-c'"'h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thr. e~,~jh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 12.1.5: The directors of the Transportation and Emergency Management Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table I of the Appendix. Policy '12.1.6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation routes. Policy 12.1.7: The County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. Policy 12.1.8: Upon approval of the "Local Hazard Miti,qation StrateRy" by the Department of Community Affairs Collier County will be.qin implementation of the Local Mitigation Projects as listed in the Plan. Policy 12.1.9: Construct all new Public Safety facilities to be floodproofed and desiRned to meet 160 mph wind load requirements. Policy 12.'1.10: The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal Hiqh Hazard Area be desi.qned and constructed to meet the Public Shelter Desi,qn Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Policy t2.1.11: The County will continue to work with the Board of Re.qents, State University System to ensure that all new facilities in the State University System that are located outside of the Coastal Hiqh Hazard Area be desi.qned and constructed to meet the Public Shelter DesiRn Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Policy '12.1.12: The County will continue to miti.qate previously identified shelter deficiencies throu.qh miti.qation from Developments of Re.qional Impact, EmerRency Manaqement Preparedness and Enhancement .qrants and from funds identified in the annual Shelter Deficit Studies. Policy 12.1.13: All new nursinq homes and assisted livin.q facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Desi,qn Criteria that is required for new public schools and public community colleRes and universities. 36 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words dea~e~t~,ke~ t~eaejh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 12.1.14: The County will consider establishin,q one-way evacuation routes on County maintained roads for storm events that have the potential for inundatinR Iow-I¥inR populated areas. The County will coordinate with FDOT to consider one-wayinR State maintained roads that are primary evacuation routes for vulnerable populations. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP). Policy 12.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. Policy -131_~2.2.5: The County shall consider the coastal high-hazard area as that area Ivin~ within the Cate.qory 1 evacuation zone as defined in theh Southwest Florida Re,qiona Plannin.q Council Hurricane Evacuation Study Update. ce=';:crd cf the Cccct~! Cc,-,ctr'~ct!en Ccr, trc! L!r,~ :r,d th~ Policy 12.2.6: The County shall require that all new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. 37 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~la~e-sa:~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 Policy 12.2.7: The County shall continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12.2.8: Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Policy 12.3.1: The Comprehensive Emergency Management Plan shall comply with the policies under this objective, and shall contain step-by-step details for post disaster recovery. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re-entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: The recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. Policy 12.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officials to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 12.3.5: Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first pdority in permitting decisions. Policy 12.3.6: Structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. 38 Words struc~ thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element Apdl 21,2000 Policy 12.3.7: The County shall develop and adopt a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process shall consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 12.3.8: Within 30 days of a hurricane resulting in disaster the County shall identify non-public structures in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post-disaster recovery. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy 12.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 12.4.3: The County, in cooperation with the Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. 39 Words :tr'.'c~ through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~le~e~e.~.~ tJ~.eae~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 13: THE COUNYY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Policy 13.1.1: There will be no unnecessary duplication of existing Regional, State, or Federal permitting programs. Policy '13.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It fulfills an important need not presently adequately met by existing Regional, State, or Federal regulation. b. The regulation can be effectively and efficiently administered by authorized increases to County staff. c. The cost to the County of implementing the regulation shall have been identified and considered. 40 Words =truck. th;cugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ tJ~eue~h are deletions (in response to the ORC report) 2) CR-951 Commercial In-fill Subdistrict Due to the existing zoning and land use pattern in the Commercial In-fill Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: · Low intensity transitional commercial uses that are compatible with both residential and commercial, to provide for small scale shopping and personal needs, · Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102), adopted October 30, 1991). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan); c) Projects within the in-fill area shall be encouraged to make provisions for shared parking arrangements with adjoining commercial developments when applicable; d) Driveways and curb cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments; and Access to projects shall not be permitted from CR-951. e) 3) Commercial Under Criteria Subdistrict Within the Urban-Mixed Use District certain in-fill commercial development may be permitted. This shall only apply in areas already substantially zoned or developed for such uses. The following standards, which limit the intensity of uses, must be met: a) The subject parcel: · Must be bounded on both sides by improved commercial property or commercial zoning consistent with the Golden Gate Area Master Plan; or, · Must be bounded on both sides by commercial property granted an exemption or compatibility exception as provided for in the Zoning Re-evaluation Ordinance; and · Should not exceed 200 feet in width, although the width may be greater at the discretion of the Board of County Commissioners. · Uses that meet the intent of the C-1/T Commercial Professional/Transitional District are only required to be bounded on one side by improved commercial property or consistent commercial zoning or commercial property granted an exemption or compatibility exception as provided in the Zoning Re-evaluation Ordinance. t6 Words ~tr'--'c~ thrc'Jgh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined.are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. C.R. MAP 5 951: COMMERCIAL INFILL Collier County, Florida DISTRICT OOLD~N GAll: ESTATES INIqLL COI~tERC~AL LEGEND PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Drvl$1ON FILE: GGMP-18.DWG DATE: 11/96 4) Interstate Activity Center Subdistrict On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road as detailed in the County-Wide Future Land Use Element (FLUE). Parcels within this *Activity Center are subject to the County-Wide FLUE and not this Master Plan. Adjacent to this Activity Center on the west side of 1-75 and on the north side of Pine Ridge Road is a property comprising 12.79 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use District and consists of Tracts 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. Within this district no more than 35,000 square feet of office related uses on 5 acres are permitted within the eastern portion of this property. The property in its entirety is also permitted to be developed with the following Conditional Uses of the Estates Zoning District with a maximum floor area ratio (FAR) of 0.45: Category I and II Group Care Facilities; care units; nursing homes; assisted living facilities pursuant to 400.402 F.S. and ch. 58A-5 F.A.C.; continuing care retirement communities pursuant to 651 F.S. and ch. 4-183 F.A.C.; schools; churches; and child and adult day care facilities. Such permitted uses shall be encouraged to be submitted as a Planned Unit Development for the subject property in its entirety, with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering, and other pertinent development standards to ensure compatibility with nearby residential areas, and subject to the following additional criteria: · There shall be no access onto Livingston Woods Lane · There shall be a minimum landscaped buffer along the north and west property lines of 75 feet; · Driveway access, parking and water management facilities may be allowed within the 75' buffer area along the north property line but none of these uses shall be located closer than 30 feet to the west or north property line; and · No automobile parking, homeless shelters or soup kitchens shall be permitted; and ·The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. See Map 6 for a detailed map of this Activity Center boundary. 18 Words str'--'ck thrcu~,h are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. SANTA 115 94 99 95 98 116 117 "i 118 96 97 119 8 1 2 IO~. 8~ 101 106 107 B-c 1( :) -- LOT '1 LOT 2 LOT 2 TR 108 REPLAT 9~ ~9 110 111 112 MAP 7 BARBARA COMMERCIAL SUBDISTRICT COLLIER COUNTY. FLORIDA PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVlCES DIV1SION FILE: GGMP-59.DWG OATE: 8/98 LEeEND COMM. EIgCI A L SUBDI$?RJ'CT Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this district (see Map 8) are intended to provide Golden Gate City with a viable Professional Office Commercial District. The Professional Office Commercial District has two purposes: · to serve as a bona-fide entry way into Golden Gate City; · to provide a community focal point and sense of place. · The uses permitted within this district are generally low intensity, office development and institutional type uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts. 22 Words struck through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. MAP 8 GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMEI~TIAL DISTRICT Collier County, Florldo ~ 32H0 31~T A~ S.11L 31ST A~h!J~ S. IL PREPARED BY: GRAPHICS AND T~:CHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERV1CES DIVISION FILE: GGMP-25B.DWG DATE: 12/96 LEGEND PROFES~ONAL OFFICE DISTRICT 2. ESTATES DESIGNATION This designation is ch, aracterized by low 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 Desi.qnation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community 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) Neighborhood Centers Subdistrict - 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, 24 Words struck. through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. Golden Gate Estates. The node at CR-951 and Pine Ridge Road is located on both sides of the intersection. Tracts 109-112 and the N1/2 of Tract 113, Unit 26, Golden Gate Estates are included in this node as eligible for commercial development. The S1/2 of Tract 113 and the E1/2 of Tract 107, Unit 26 are also included within this node but are only to be used for buffer, water management and open space. Criteria for development at the nodes are as follows: · Limited to low intensity transitional commercial uses that are compatible with both residential and commercial, · Convenience commercial to provide for small scale shopping and personal needs, and · Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991). · Future commercial uses are limited to the intersection of Pine Ridge Road and CR-951. This Neighborhood Center may be developed at 100% commercial and must provide internal circulation, and any rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. · The parcels immediately adjacent to the existing commercial zoning at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify for Conditional Use under the transitional use provision of the Conditional Use Subdistrict of this Master Plan Element. · A single project shall utilize no more than 50% of the total allowed commercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; The project is encouraged to make provisions for shared parking arrangements with adjoining developments; Access points shall be limited to one per 180 feet commencing from the right-of-way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed; Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible; Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment; Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that for valid, approved conditional uses, no such buffer is required. Projects shall provide a 25 foot wide Type C buffer, as described in the Land Development Code, between the abutting right-of-way and the off-street parking area; 25 Words struc~ through are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. MAP 9 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, Florido C.R. 846 GOLDEN GATE BOULEVARD ~l~- WHILE BLVD. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-12.DWG DATE: 10/97 INTERSTATE- 75 C.R, 858 GOLID~N GAI~ ESTAI[S HEIGNBC~HOOO CF.N*I~qS LEGEND CCN~RS ' R ~46 0 1 MI 2MI 3) Randall Boulevard Commercial Subdistrict - Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. See Map 10. a) The Criteria for the district are as follows: · Encouraged to be in the form of a PUD · Adequate buffering shall be provided from adjacent properties allowing residential uses. · Shared parking shall be encouraged with adjoining developments. b) Limitation of Uses - Uses shall be limited to the following: · Automobile Service Station · Barber & Beauty Shops · Child Care Centers · Convenience Stores · Drug Stores · Food Markets · Hardware Stores · Laundries - Self Service Only · Post Offices and Professional Offices · Repair Shops - Radio, TV, Small Appliances and Shoes · Restaurants, including fast food restaurants but not drive-in restaurants · Shopping Center · Veterinary Clinics with no outside kenneling 27 Words struck thrcu~h are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. RANDALL~ BOULEVARD COMMERCIAL DISTRICT Collier County, Florida I; ~ I I 0 1~2 MI. 1 MI. BY:. G~)~4(:S ~ T~(::HNIC~L SUPP(~T SE:C11C~ GGMP-21.DWG OA~.: LEGEND 4) Conditional Uses Subdistrict Various types o.f conditional uses are permitted in the Estates and residential zoning districts within the study area. In order to control the location and spacing of new conditional uses, the following shall apply to requests for conditional uses: a) Essential Services Conditional Uses shall be allowed anywhere within the Estates Zoning District, and are defined as: · electric or gas generating plants, · effluent tanks, · major re-pump stations, · sewage treatment plants, including percolation ponds, · hospitals and hospices, · water aeration or treatment plants, · governmental facilities (except for those Permitted Uses identified in Section 2.6.9 of the Land Development Code), · public water supply acquisition withdrawal, or extraction facilities, · public safety service facilities, and other similar facilities b) Conditional uses (except essential services) shall not be permitted: · On Golden Gate Parkway within the Estates Designated Area west of Santa Barbara Boulevard, unless the parcel is directly bounded by conditional uses on two (2) or more side yards with no intervening rights-of-ways or waterways; nor · On those parcels immediately adjacent to the west side of CR-951 within the Estates Designated Area unless the parcel is directly bounded by conditional uses on two (2) or more side yards with no intervening rights-of-ways or waterways; 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 Neighborhood Center nodes to facilitate a sound traffic movement pattern. d) 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. The 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 % 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; 29 Words struck. thrc'.'gh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. 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. 5) Southern Golden Gate Estates Natural Resource Protection Overlay Southern Golden Gate Estates is identified as an Natural Resource Protection Area (NRPA) Overlay on the Golden Gate Area Future Land Use Map. Natural Resource Protection Areas (NRPAs) are designated on the Golden Gate Area Land Use Map: I. Within these areas, only agriculture and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not be interpreted to affect or limit the continuation of existinq uses. Existing uses shall include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; These areas shall be refined as actual data and analysis is made available durinq the Collier County Rural and Agricultural Area Assessment. 30 Words :truc~ thrcugh are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. SOUTHERN GOLDEN GATE ESTATES NATURAL RESOURCE PROTECTION OVERLAY NAPLF..SIMMOKALEE ROAD PINE RIDGE O.O. PKWY. RD. DAVIS BLVD. EXT. S.B.-84/ GOLDEN GATE RANDALL BOULEVARD WHITE BLVD. S.R.,.84 R 26 E [ R 27 E NAPLES IMMOKALEE ROAD OIL WELL ROAD BOULEVARD R28E ..... [ AGRICULTURAL/RURAL DESIGNATION - SETTLEMENT AREA DISTRICT Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the 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 area is now known as the Orange Tree PUD and the types of uses permitted are described in the PUD Document. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the property as an area which is outside of the Urban Designation and which is currently far removed from supportive services and facilities. Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justifying similar uses on surrounding or adjacent property. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. 32 Words c!ruck thrcu~h are deletions; words underlined are additions (in response to the Final Order items A - K); words; words italicized and underlined are added by R-99-02; ** denotes scrivener's errors; *denotes amendments adopted subsequent to the 1999 EAR-based amendments. Exhibit A-6 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 Symbol AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOPs Conservation and Coastal Management Element April 21, 2000 GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF NATURAL RESOURCES. ITS OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.$., including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1.1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.4: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. Words ctr'.-'c.u. thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ th,r.e~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 Policy 1.1.7: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2. t: 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 t.2.3: Collected and/or compiled data will be organized by established water-shed and sub-basin units. Policy t.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. OBJECTIVE 1.3: By August 1, 1994, complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources Protection Areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially 2 Words struc~ thrcu?,h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thr. e~ are deletions (in response to the ORC report) GOPs Consen/ation and Coastal Management Element April 21,2000 Endangered Fauna and Flora in Florida", published by the Flodda Game and Fresh Water Fish Commission) and their habitats. Policy 1.3,1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; b. ^ process for verifying the existence and boundaries of NRP^s during development permit applications; c. Guidelines and standards for development of NRP^s including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; d. ^ review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRP^s. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. 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. 3 Words str'--'ck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words deuJ~e-t, tA~.e~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 GOAL 2: THE COUN:rY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.t: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems._ Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land-disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non-structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect wetland and estuary ecosystems; Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt-water intrusion are lessened; The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; and f. The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and h. Non-structural rather than structural methods of surface water management should be considered first in and proposed new works. 4 Words =tr'.'ck th;cu.~h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~,~Ate=~.,~e~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 2.t.$: As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2,t.6: Promote intergovernmental cooperation between Collier County and the Naples and Everglades City for consistent watershed management planning. municipalities of Policy 2,'!.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2,2.'1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands are encouraged. Policy 2.2,3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy 2.2.5: By December 31, 1998, identify stormwater management systems that are not meeting State water quality treatment standards. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine 5 Words :tr'.'c~ thrc'-'gh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 system or rivers or canals that flow into the estuarine system. Policy 2,3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3,3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: Continue to implement and refine a water quality and sediment monitoring program for the estuarine system Policy 2.3.5: Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement includes the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run-off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3.6: Restrict development activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: By June 30, 1998, complete a draft agreement with the Florida Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The agreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: At a minimum the County shall notify Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of Environmental Protection staff to participate in the development of future coastal and watershed management plans. Policy 2.4.3: 6 Words ~* ....~' ~' .....h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ t,l=~eue~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 The County will reques~ the cooperation of the Department of Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Policy 2,5.1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy 2,5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5,3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. 7 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words deul~e-~.,~e~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 GOAL 3: THE COUN:I'Y SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards by January 2002 and shall be maintained thereafter. Policy 3.1.1 Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W-2 is the land area between the W-1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ,qround water travel time to the potable water wellfield). c) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W-3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year .qround water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk manaqement zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones. b) Future solid waste transfer stations: prohibited in VV-I, VV-2, W-3. c) Future solid waste stora.qe, collection, and recycling storin.q hazardous products and hazardous wastes: prohibited in W-l, VV-2, VV-3. d) Future non-residential uses involvin,q hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondaqf containment in W-l, W-2, W-3. e) Future domestic wastewater treatment plants: prohibited in W-1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. ~) Land application of domestic residuals: limit metal concentrations, nitro.qen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existinq: prohibited in W-1 and W-2, conditional use required in VV-3 and W-4. i) Future on-site disposal systems (septic tanks) requiring a soil absorption are.'- greater than 1,000 square feet are allowed to discharqe in zone W-1 subject to complvin~ with construction standards and provision of an automatic dosing device and a low-pressure lateral distribution. j) On-site sewage disposal systems (septic tanks) serving existin.q industrial uses and subject to the thresholds in d) and e) above within wellfield zones W-l, VV-2, and W- 3 shall meet all construction and operating standards contained in 64E-10, F.A.C. as 8 Words struc.u. through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~e~e-r,~.r.~,k,e~ thr. ea~ are deletions (in response to the ORC report) GO/as Conservation and Coastal Management Element April 21, 2000 the rule existed on Au.qust 31, 1999 and shall implement a ,qround water monitodnR plan. Conditional uses shall be .qranted only in extraordinary circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. OBJECTIVE 3.~2: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. Policy 3.-1-2.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. Policy 3.-~2.2: Implement the South Florida Water Management District's well construction standards in the Collier County Well Construction Ordinance that will provide for inspections and penalties if well drillers do not follow these standards. Policy 3.-1-2.3: A committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff will continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. Policy 3.-~2.4: The County will inform well contractors and drillers and the public on the necessity for proper well construction and hold. workshops for well drillers on proper techniques for well construction in Collier County. Policy 3.-~2.5: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. OBJECTIVE 3.23: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.23/1: Maintain and refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. 9 Words str'--'c?. through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 Policy 3.3_3.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". Policy 3.33.3: Continue to identity and delineate existing land uses that possess the greatest potential for wellfield contamination. Policy 3.23.4: Continue to establish and apply technically and legally defensible criteria for determining and mapping zones of protection. lO Words struck. thrc,--'gh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ threagh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.4.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. 11 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words deu,!ale-~,A~ t,b~eu~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. OBJECTIVE 4.2: The County will promote conservation of its water supply and by April 1, 1998, develop a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2,5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Policy 4.2.6: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. 12 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thr. e~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5:1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.'1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5. t.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5.1,4: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1). Policy 5,1,5: Monitoring shall be required to determine compliance with State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy $.2.1: The Program will define reclamation standards for the protection and restoration of wildlife habitat. OBJECTIVE 5.3: On biennial basis, beginning in October, 1998, review and refine estimates of types and quantities of existing minable mineral resources in Collier County, based in information collected during previous biennium. Policy 5.3.1: Work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. 13 Words ~truc~ th;cu~h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~a~-r, Afi~e~ thr. e~,~jh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 OBJECTIVE $.4: The County shall maintain its program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities, Policy 5.4.1: Rely on the USDA Natural Resources Conservation Service appropriate soil conservation guidelines for agriculture. to provide the County with 14 Words struck. thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. Objective 6.1: By June 1, 1998, 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 species protection consistent with policies 6.4.6 and 6.4.7 through negotiations between County Staff and development interests as part of the public hearing process. These negotiations are based on provisions in the Collier County Land Development Code No. 91-102. Policy 6.1.1: By June 1, 1998, inventory, define, and prepare development standards and prepare criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3 By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development criteda and standards for land clearing as part of this process. Policy 6.1.5: The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6.1.7: Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this Element will apply. Policy 6.1.8 Incentives should be created which would allow development to continue, but at the same time 15 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~e~e-~,~.ke~ thr_-"_';h are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21, 2000 would also insure that some of the most ecologically sensitive habitat and vegetative communities are retained. Policy 6.1.9 In the event that the County adopts an open space recreational system, consideration should be given to incorporating the linkage and protection objectives of the retained habitat. OBJECTIVE 6.2: There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands, which are addressed in Objective 6.3. 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 (Objective 6.1) are adopted, the following policies shall serve as interim criteria for incorporation into all development orders. Policy 6.2.2: All wetlands are designated as environmentally sensitive areas. Policy 6.2.3: Altered or disturbed wetlands are considered degraded wetland ecosystems. to be not viable, not naturally functioning, Policy 6.2.4: The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy 6.2.5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2.6: Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02 (17), Florida Administrative Code, "Submerged Marine Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6.6. Policy 6.2.7: Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. 16 Words -..truck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 6.2.8: All mitigation for development in Coastal area wetlands should occur in the Coastal area. Policy 6.2,9: Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Protection. Policy 6,2,10: Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.t 1: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2.12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2.13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cjuster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. OBJECTIVE 6.3: A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DER and the COE permitting process and approved by the County. Policy 6.3.1: The transitional zone wetland 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. Policy 6,3.2: Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland 17 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~,~b~e-str4~e~ thr. eaejh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 areas, or preservation, :enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6,3.3: Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. ^ conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. Policy 6.3.4: Wetlands shall be delineated according to Section 373.421 Florida Statutes. 373.019 Florida Statutes and Section OBJECTIVE 6.4: A portion of each viable, naturally functioning preserved or retained as appropriate. non-wetland native habitat type shall be Policy 6.4.'1: Continue to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be preserved. Policy 6.4.3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6.4.4: Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.5: Developments greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in all applicable objectives and policies of this Conservation and Coastal Management Element. Policy 6.4.6: All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space, which are planted with native species, shall be 18 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ t~eu~jh are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21,2000 included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4.7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However, this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels, which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4.8: Agriculture shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for at least ten years. For any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. OBJECTIVE 6.5: The County shall continue to incorporate native vegetation into landscape designs in order to promote the preservation of native plant communities and encourage water conservation through native vegetation. Policy 6.5.1: Priorities for incorporating non-invasive native vegetation into landscape design shall be as follows a) The first choice is to keep and enhance existing native habitats on site and intact for incorporation into the landscape design. If this is not practicable, then consideration should be given to transplanting existing species to another location on site. c) If this is not practicable, then attempt to use native species to recreate lost native habitat. d) If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote "xeriscape" principles. Policy 6.5.2: Landscape Ordinances requirements. will continue to identify specific plant coverage and assemblage 19 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~z~.s,t.~.ka~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 OBJECTIVE 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat. Policy 6,6,1: Annually identify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged marine habitats that are deemed important. Policy 6.6.2: Continue to regulate boat traffic and other uses and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. Policy 6.6.3: Where applicable, guidelines of the Department of Environmental Protection for Outstanding Florida Waters and Aquatic preserves shall be considered to review land development projects in and near sea grass beds. OBJECTIVE 6.7: The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.7.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.7.2: Continue to meet with the appropriate counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6,7,3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. OBJECTIVE 6.8: The County shall protect natural reservations from the impact of surrounding development. Policy 6.8.1: All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County's development review process to insure no unacceptable impact to the natural reservation. Policy 6.8.2: Criteria contained in applicable objectives development near natural reservations. and policies of this Element shall apply to 20 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~J~,e-~t~,ke~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 GOAL 7: THE COUN;I'Y SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1: The County shall continue to improve marine fisheries productivity by building additional reefs. Policy 7.1.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy 7.1.2: The County will coordinate its activities with the Florida Department of, Protection, the Marine Extension Office and other appropriate agencies. Environmental OBJECTIVE 7.2: Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through the mechanisms and criteria contained within this element, the County's objective is to control the number of manatee deaths due to boat related incidents to no more than this seven- year average. Policy 7.2.1: Characterize and map designated critical manatee critical habitats and evaluate areas of greatest potential threats. Policy 7.2.2: Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of manatees is from boats. Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5). Policy 7.2.4: The County will continue to work with appropriate State and Federal agencies to identify areas where propeller driven boats will be prohibited. OBJECTIVE 7.3: By January 1, 1992, the County shall develop and implement programs for protecting fisheries and other animal wildlife. Policy 7.3.1: By accrediting Natural Resource staff as code enforcement officers, the County shall continue to enforce its existing Sea Turtle Protection Ordinance which provides standards for shielding outdoor lighting, protecting nests from surrounding construction activities, and relocating nests. 21 Words struck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words d~b~-st.~,ke~ t~eae~h are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 7.3.2: Continue to update the guide for homeowners and builders, which explains the need for protecting sea turtles and how this can be accomplished. Policy 7.3.3: The County will continue to prepare management guidelines to be incorporated as stipulations for land development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Florida Panther, wood stork habitat and for other species of special status. Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of Technical Assistance to Local Government, and U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. Policy 7,3.$: The County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts, which will require relocation of burrows. The suitability of alternate sites should be evaluated as to: a. physical suitability of the site, b. long-term protection, c. conflicts with other management objectives for the land, and d. costs of relocation. Policy 7.3.6: A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission shall be required for developments greater than 10 acres as part of the County's ElS review process. 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 may be discovered as a result of the species survey required in Policy 7.3.6. Policy 7.3.8: The County will continue to periodically review and revise its existing codes providing for appropriate prohibitions and restrictions on the commercial possession, use, and harvesting of undesirable exotic species. Policy 7.3.9: The County will support the efforts of the U.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the known habitat for the County's Florida Panther as "Areas of Environmental Concern" on the County Future Land Use Map. 22 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activities in the County shall comply with all standards. applicable federal and State air quality Policy 8.1.1: The County will rely on the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: The local fire departments, Florida Department of Environmental Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.'1.$: By January 1, 2000, the County shall investigate the need for a more comprehensive local air quality monitoring program. 23 Words -.,tr'.:'c~ thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ t~4~jb are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1 The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established underTitle III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9. t.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Policy 9.2.1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. 24 Words ctr'-'ck thrcugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 9.2,2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. OBJECTIVE 9.3: The Collier County Solid Waste Department shall collection day at least once per year. continue to hold its hazardous waste Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. OBJECTIVE 9.4: ~"' Scp!s,m, be: on, ~,-,oo tThe County shall estabJish-a continue to implement its local storage tank compliance program. Policy 9.4.1: The County shall implement provisions of the contract with the Department of Environmental Protection under the Super Act provisions in order to avoid any duplication of effort. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. Policy 9.4.3 Unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62-761, F.A.C., as it existed on Au.qust 31, 1999. ~,,, A ......, ~4 ,~0oo the Ccun shell ado "" Ordinance ,..~, ....... 25 Words struck throu~,h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORe report); words de~lNe-st.~.,,ke~ ~ are deletions (in response to the ORe report) GOPs Conservation and Coastal Management E/ement Apdl 21,2000 GOAL 10: THE COUN;rY SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. Policy 10.1.1: Priorities for water-dependent uses shall be: a. Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industries or utilities. Policy 10.1.2: No deep water ports shall be allowed. Policy 10.1.3: Priorities for water-related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy 10.1.4: The following priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses shall apply: a. b. C. d. e. f. g. areas presently developed, disturbed uplands, disturbed freshwater wetlands, disturbed marine wetlands, viable, unaltered uplands, viable, unaltered freshwater wetlands, viable, unaltered marine wetlands. Policy 10.1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) 26 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words de~e~-sA~.,ke~ thr. ea~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 Policy 10.1.6: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump-out facilities; Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water. Marina facilities must be accessible to all public services essential to ensure their safe operation. do Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 10.'1.7: Marinas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy 10.1.8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate the economic need and feasibility for such development. Policy 10.1.9: These policies shall serve as criteria for the review of proposed development in "ST" designated lands. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is 27 Words struc~ through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ thr. eugh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 not sufficient, then the County shall acquire additional access points as a part of the renourishment project. Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy 10.2,5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be protection of the natural form and function of the coastal barrier system. compatible with Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural. characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures 28 Words struck th;cugh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ t~e~jh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy t0.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the above Goals, Objectives, and related to coastal barrier systems. Policies 29 Words str,~'c.u. through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy t0.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy t0.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy t0.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy t0.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. 30 Words str,.'c,u. through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy t0.4.10: Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.12: In permitting the repair and/or reconstruction of shore parallel structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired structures will be redesigned engineered stabilization Policy 10.4. t3: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. 31 Words struc~ thrcugh are deletions; words underlined are additions (in response to the Final Order items AoK); words double underlined are additions (in response to the ORC report); words ~ t~.euejh are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy '10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: Pursue the acquisition development. of undeveloped beaches and dunes as the first alternative to Policy '10.8.8: Prohibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 10,6,9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.6,10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy 10.5.`11: The County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Policy `10.6,`12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. OBJECTIVE 10.6: n,, ~ ...... , 4, ~ann t The County shall ~'~'"~*" r.....~..~ ,-~..: .... .~ ,-,..~..~. ~.,~,.... ~ ........ ~ ~ conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. Policy '10.6.1: In addition to those applicable policies supporting Obiectives 10.1, 10.2, 10.3, 10.4, and 10. 5, development within the County's coastal zone shall also meet the following criteria: 1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres: a. Wic~Qins Pass Unit FL-65P, b. Clam Pass Unit FI-64P, c. Keywaydin Island Unit P-16, d. Tigertail Unit FI-63-P, e. Cape Romano Unit P-15. 32 Words str'.:'c~ thrcu~h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 2. Site alterations shall be concentrated in disturbed habitats thus avoidin.q undisturbed pristine habitats (Reference Policy 10.1.4). 3. Beachfront developments shall restore dune veqetation. 4. Proiects on coastal barriers shall be landscaped with native Southern Floridian species. Boathouses, boat shelters and dock facilities shall be located and aliqned to stay at least 10 feet from any existinq seagrass beds except where a continuous bed of seaqrass exists off of the shore of the property, in which case facility hei.qhts shall be at least 3.5 feet NVGD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. Policy 10.6.-1-2: The prc,~r=m !nc!'--'dec The requirements of Policy 10.6.1 identifies the ~ guidelines and performance standards ~ for the undeveloped coastal barriers and estuaries contained within the coastal barrier and estuarine NRPA (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. Policy 10.6.43: mk ............ ;f~6rz- ,1-,~ ;rv,,-,li,-,~H ....~C .. ,.,~,,..,.,;..~ .;.,. ; ....~ ....~ For shoreline development projects where an ElS is required, an analysis shall demonstrate that the project will remain fully functional for its intended use after a six-inch rise in sea level, Policy 10.6.6_3: Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drilling projects in this sensitive area. 33 Words o* ....~' *~' .....~- are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~b~e-r,,~,~e~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 11: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES, OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Policy 11.1.1: Continue in effect regulations regarding development and other land alteration activities that ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy 11.1.2: There shall be no loss of historic or archaeological resources on County-owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall be identified and shown on the site plans; The County shall establish waivers for non-safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; Co As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy 11.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. 34 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) COPs Conservation and Coastal Management Element April 21,2000 GOAL 12: THE COUN;DY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE -1-~1_~2.1: =""ou .... ,k .... '~,"*'-~-~"" '-~ ~"*;,'~*:-'~ r,~c~c~."y *" "**"~" k,, The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the -1-987 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame 3r, d by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category I evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. k .... : ........ , .... Policy 12.1.1: A comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. This information shall be made readily available to all hotel/motel guests. Policy -131__~2.1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy 12.1.3: The County shall continue to identify shelter space that complies with Red Cross standards for 45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of 20 square feet per person. Policy 12.1.4: The County shall continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on-site or provide funding to enhance existing public shelters off-site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June-November time frame. On-site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as "essential facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed with adequate emergency electrical power and potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first-aid equipment. A telephone and battery-operated telephone is also required within the shelter. 35 Words ctr'-'ck thrc'--'gh are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words deu~Ne-~;.~.ke~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 12.1.5: The directors of the Transportation and Emergency Management Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table I of the Appendix. Policy 12.1.6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation routes. Policy 12.1.7: The County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. Policy 12.1.8: Upon approval of the "Local Hazard Mitigation Strategy" by the Department of Community Affairs Collier County will begin implementation of the Local Mitigation Proiects as listed in the Plan. Policy 12.1.9: Construct all new Public Safety facilities to be floodproofed and designed to meet 160 mph wind load requirements. Policy 12.1.10: The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal Hiqh Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Policy 12.1.11: The County will. continue to work with the Board of Regents, State University System to ensure that all new facilities in the State University System that are located outside of the Coastal Hi.qh Hazard Area be designed and constructed to meet the Public Shelter Desi,qn Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). Policy 12.1.12: The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Re,qional Impact, Emergency Mana.qement Preparedness and Enhancement grants and from funds identified in the annual Shelter Deficit Studies Policy 12.1.13: All new nursinq homes and assisted livinq facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed tn meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities. 36 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21, 2000 Policy 12.1,14: The County will consider establishin.q one-way evacuation routes on County maintained roads for storm events that have the potential for inundatin.q Iow-lyinR populated areas. The County will coordinate with FDOT to consider one-wayin.q State maintained roads that are primary evacuation routes for vulnerable populations. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP). Policy 12.2,4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. Policy -t312.2.5: The County shall consider the coastal high-hazard area as that area Ivin~ within the Cate.qory 1 evacuation zone as defined in theh Southwest Florida Re,qional Planninq Council Hurricane Evacuation Study Update. ~';:3rd cf *h,, r',,,.o,,,~ r,,,,.o, .... ~;,,.. r,,,,,~,,,, ,~ .... A *h,, ................... ~ ..... ~-! ...... , ............ , ................................. C'J,~, , klEID tl 7nne ;e I.~nA~.,erA nf ~h~ ~neefel t~ne~.~,~.Hnn I lne Tk~ lena meee e~e~.,~rA n~ the Policy 12.2.6: The County shall require that all new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. 37 Words struc~ thrc'--'~,h are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 Policy 12.2.7: The County shall continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12.2.8: Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Policy 12.3.1: The Comprehensive Emergency Management Plan shall comply with the policies under this objective, and shall contain step-by-step details for post disaster recovery. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re-entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: The recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. Policy 12.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officials to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 12.3.5: Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Policy 12.3.6: Structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. 38 Words str'--'ck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) G OPs Conservation and Coastal Management Element April 21, 2000 Policy 12.3.7: The County shall develop and adopt a Post-disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process shall consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy '12.3.8: Within 30 days of a hurricane resulting in disaster the County shall identify non-public structures in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post-disaster recovery. OBJECTIVE t2.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy t2.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 12,4,3: The County, in cooperation with the Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. 39 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) GOPs Conservation and Coastal Management Element April 21,2000 GOAL 13: THE COUN;I'Y SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Policy 13.1.1: There will be no programs. unnecessary duplication of existing Regional, State, or Federal permitting Policy 13.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It fulfills an important need not presently adequately met by existing Regional, State, or Federal regulation. b. The regulation can be effectively and efficiently administered by authorized increases to County staff. c. The cost to the County of implementing the regulation shall have been identified and considered. 40 Words struck through are deletions; words underlined are additions (in response to the Final Order items A-K); words double underlined are additions (in response to the ORC report); words ~ ~ are deletions (in response to the ORC report) Exhibit B Policy 5.13 The fol10winq properties identified by Ordinance #98-82; 98-91; 98-94; 99-02; 99-11; 99-19; 99-33; and 2000-2,0; located in Activity Centers #1, 2,.6, 8, 11 & 18 wer~ rezoned pursuant to the Activity Centers boundaries desiqnated in the 1989 Comprehensive Plan, as amended. Those properties were rezoned durincj the interim period between, the ado~)tion of the Future Land Use Element in October, 1997 which was not effective due to the notice of intent findinc] the Future Land Use Element not "in compliance". Those properties, identified herein, which have modified the boundaries of the 1997 Activin Centers are deem.ed consistent with the Future Land Use Element. 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. 2000-27 Which was adopted by the Board of County Commissions ~ the 9th day of May, 2000, during Regular Session ~ ~ WITNESS my hand and the official seal of the Board~ -~ County Commissioners of Collier County, Florida, this 10~da~ of May, 2000. DWIGHT E. BROCK Clerk of Courts and Clerk' Ex-officio to Board County Commissioners.' By: Karen Schoch, Deputy Clerk