CPA CORKSCREW WOODS PRIVATELY SPONSORED AMENDMENT TO THE LEE COUNTY COMPREHENSIVE PLAN THE LEE PLAN

Transcription

1 CPA CORKSCREW WOODS PRIVATELY SPONSORED AMENDMENT TO THE LEE COUNTY COMPREHENSIVE PLAN THE LEE PLAN LPA Public Hearing Document For the April 23 rd, 2012 Public Hearing Lee County Planning Division 1500 Monroe Street P.O. Box 398 Fort Myers, FL (239) April 18, 2012

2 LEE COUNTY DIVISION OF PLANNING STAFF REPORT FOR COMPREHENSIVE PLAN AMENDMENT CPA Text Amendment Map Amendment This Document Contains the Following Reviews Staff Review Local Planning Agency Review and Recommendation Board of County Commissioners Hearing for Transmittal Staff Response to Review Agencies Comments Board of County Commissioners Hearing for Adoption STAFF REPORT PREPARATION DATE: April 18, 2012 PART I - BACKGROUND AND STAFF RECOMMENDATION A. SUMMARY OF APPLICATION 1. APPLICANT/REPRESENTATIVES: Cameratta Companies / Dr. Dave Depew, Ph. D., AICP, Morris-Depew Associates, Inc. 2. REQUEST: The applicant has modified the request over the course of the review of the proposed amendment. The applicant, working with staff, has identified two possible alternatives to accomplish the proposed project. These two distinct alternatives are included below: 1. Amend the Future Land Use Map to change the classification shown on Map 1 of the Future Land Use Map Series from Density Reduction/Groundwater Resource and Wetlands to Suburban and Wetland Conservation & Upland Conservation and amend the Future Land Use Map Series, Map 1 page 2 of 8, Special Treatment Areas, Map 6 & 7, Lee County Utilities Future Water & Sanitary Sewer Service Areas, Map 16, Planning Communities, including a text amendment to Policy for the Suburban Future Land Use Category to include language that defines and limits the requested density for the subject property. CPA Page 2 of 25

3 2. Amend the Future Land Use Element by adopting a new Policy establishing a new overlay district on Map 17: Southeast DR/GR Residential Overlay within the DR/GR land use category. This overlay district would allow existing, vested developments to achieve density incentives based upon implementation of performance criteria that serve to further the intent of the DR/GR land use category through improved development design, preservation, conservation, and restoration efforts. If this option is selected the property will remain in the Southeast Lee County Planning Community. Maps 6 and 7 will still need to be amended. B. STAFF RECOMMENDATION AND FINDINGS OF FACT SUMMARY 1. RECOMMENDATION: There are advantages and disadvantages in transmitting this proposed amendment to the Lee Plan. Reasons not to transmit this amendment include: increased traffic on Corkscrew Road that may result in higher instances of traffic related deaths of large mammals and other wildlife; written Lee Plan policy language which discourages any increase in density and intensity of lands designated DR/GR; lack of a demonstrated need for additional urban lands; and the incremental erosion of the DR/GR category. Reasons to support transmittal, in particular alternative 2, include: providing a net overall benefit to groundwater levels; providing additional conservation lands adjacent to public lands in the Flint Pen strand; maintaining the DR/GR designation; addressing the method to increase density; and extension of water and sewer to the site, which eliminates the potential of 254 dwelling units being served by individual private potable water wells and septic tanks. After weighing all of these factors, and the other issues that are discussed in the staff report, staff does not support option 1. Staff recommends transmittal of alternative 2 as modified by staff. These modifications are shown in strikethrough and underline format as it relates to the existing Lee Plan in Attachment #1. In summary, staff recommends that the text of the Future Land Use Element be amended to incorporate an Improved Residential Community overlay in the DR/GR land use category. To accomplish this staff recommends: modifications to Objective 33.3 and Policies 1.4.5, , , , , , ; a new proposed policy, Policy , and subsequent renumbering. The Future Land Use Map series will also have to be amended including Maps 6: Future Water Service Areas, 7: Future Sewer Service Areas, and 17: Southeast DR/GR Residential Overlay. TEXT: The specific text amendments recommended by staff are included in Attachment #1. CPA Page 3 of 25

4 MAPS: Staff recommends the following modifications to Lee Plan maps as identified in Attachment #1: Identify the subject property with a new overlay on Lee Plan Map 17 as an Improved Residential Community. Include the subject property within the boundaries of the future water service area identified on Map 6 of the Lee Plan. Include the subject property within the boundaries of the future sewer service area identified on Map 7 of the Lee Plan. 2. BASIS AND RECOMMENDED FINDINGS OF FACT: Based upon a vested rights determination, in 2007, a plat was recorded establishing 254 single family lots approximately 1 acre in size. The development areas of the subject site have been cleared, consistent with an approved development order and the recorded plat. If developed, the 254 single family residential dwelling units would each have private well and septic systems. The Lee County Division of Natural Resources finds that no significant impacts on present or future water resources will result from the change. There are sufficient public facilities and services to serve the proposed development. The Density Reduction/Groundwater Resources future land use category, adopted on September 12, 1990, was intended to serve two purposes: density reduction and protection of groundwater resources. Map 17, Southeast DR/GR Residential Overlay, was created to depict the location of new mixed use communities, rural golf course communities as well as existing acreage subdivisions. This map was adopted on March 3, The subject property is located within land designated as primary panther habitat by the U.S. Fish and Wildlife Service. The subject property is currently located in the Southeast Lee County Planning Community, which has sufficient residential acreage allocated on Table 1(b) of the Lee Plan to accommodate the proposed development. The subject property has approximately one mile of frontage on Corkscrew Road, enough to accommodate at least two access points. The subject site wholly contains a 222 acre lake, approximately 60 feet deep, that was excavated for limerock materials. The subject site is located within the Lee County Corkscrew Wellfield. o Lee County has four public wells immediately to the west and north of the subject property. o These wells draw from the surficial aquifer, the same aquifer resource as the lake. o These wells are within the one year travel time from the 222 acre mining lake. CPA Page 4 of 25

5 o Two of these wells are within the six month travel time from the lake. o Additional public wells are located to the southwest and east and northeast of the subject site. The subject property is directly adjacent to the regionally significant Flint Pen Strand flowway to the south and east. C. PROJECT SUMMARY DISCUSSION: The Corkscrew Woods Comprehensive Plan Amendment was filed by Cameratta Companies on September 28, The applicant has also filed a companion rezoning application that is being reviewed concurrently to the plan amendment application by the Lee County Zoning Division. Florida Statutes Chapter (12) provides that At the request of an applicant, a local government shall consider an application for zoning changes that would be required to properly enact any proposed plan amendment transmitted pursuant to this subsection. This requires Lee County to take into account the concurrent rezoning request on the subject site, DCI The applicant has provided in part that the requested Comprehensive Plan Amendment is to allow higher residential densities so that the extension of central water and sewer service would be cost feasible. The applicant is requesting a total of 800 residential units through the rezoning request. The plan amendment would also reduce the current development footprint by 57 acres from the existing residential approvals. Staff has been working with the applicant to determine the best approach that would meet both the needs of the applicant and the County s goals for the DR/GR future land use category. Based on staff suggestions, the applicant has revised the proposed site plans to relocate the project entrance to the western edge of the property, and has also agreed to save a cypress dome wetland area in the northeast corner that had originally been proposed to be removed. The proposed residential development will include an amenity center. The residential lots, as proposed by the applicant, would range in width from 30 feet wide to 75 feet wide, similar to the residential lots at the adjacent residential development Bella Terra, immediately to the west. D. BACKGROUND INFORMATION 1. EXISTING CONDITIONS: SIZE OF PROPERTY: Acres. PROPERTY LOCATION: The subject property is located on the south side of Corkscrew Road approximately 4 miles east of I-75, just east of the Bella Terra subdivision and west of Alico Road. EXISTING USE OF LAND: The subject property contains a 222 acre lake that is the result of previous mining activities. The subject site has been platted with 254 residential lots, approximately 1 acre in size, consistent with the AG-2 zoning district (see application materials for a copy of the recorded plat). Road base for the roads that would serve the residential lots has been installed; however the roads need additional work and the installation of final layers of asphalt. The subject site is currently used for cattle grazing. CPA Page 5 of 25

6 CURRENT ZONING: Agricultural (AG-2) CURRENT FUTURE LAND USE CATEGORY: Density Reduction / Groundwater Resource (DR/GR) and Wetlands. 2. INFRASTRUCTURE AND SERVICES: FIRE: Estero Fire and Rescue. EMS: Lee County EMS service area. LAW ENFORCEMENT: Lee County Sheriff s Office. SOLID WASTE: The subject site is located in solid waste Service Area 3, service provided by Waste Pro. MASS TRANSIT: LeeTran does not currently serve the subject site. WATER AND SEWER: The subject site is not currently located within the Lee County water and sewer Future Service Areas as identified on Maps 6 and 7 of the Lee Plan. Water and sewer service is available to the west of the subject site at the adjacent residential development, Bella Terra. 3. COMPREHENSIVE PLAN BACKGROUND: The Density Reduction/Groundwater Resource future land use category was incorporated into the Lee Plan as part of the implementation of the 1990 Stipulated Settlement Agreement between Lee County and the Florida Department of Community Affairs (DCA). The Settlement Agreement required that the Future Land Use Map be amended to lower the allowable density in a new water resource category to one dwelling unit per ten acres in three specified areas of the County. The three areas were described as: most non-urban land east of Interstate 75, southeast of the airport, and south of State Road 82; all non-urban land located north of the City of Cape Coral between Burnt Store road and U.S. 41; and, all non-urban land lying east of U.S. 41 and bounded on the south by a line lying two miles south of the Charlotte County line. There were two underlying reasons for the inclusion of this new future land use category. The first was a desire to protect the County s shallow aquifers. The second was part of the response to reduce the carrying capacity of the County s overall Future Land Use Map. At the time, Lee County s main interest was in protecting the water resources of the County. Prior to the adoption of the Stipulated Settlement Agreement, the Lee County Division of Natural Resources proposed to protect the shallow aquifers, in part, with an amendment to the Future Land Use Map. This amendment, Plan Amendment Map/Text (PAM/T 89-19), was initiated by the Board of County Commissioners on May 3, CPA Page 6 of 25

7 1989. The staff proposal was for the creation of a new future land use category for the southeast area of the county called Groundwater Resource. In order to protect the shallow aquifers, the amendment proposed a reduction in density from one dwelling unit per acre to one dwelling unit per five acres. The Local Planning Agency reviewed the proposal on September 14, 1989 and recommended that the Board of County Commissioners adopt the proposed map amendment. This amendment, along with others, was scheduled to go to Board of County Commissioners public transmittal hearings on October 24 and 25, Prior to those public hearing the terms of the Stipulated Settlement Agreement were reached. This proposed amendment was folded into the settlement as an integral part. The pending round of amendments was put on hold and the County began the process of implementing the agreement. In addition to the water resource goals of Lee County, the DCA was concerned with the carrying capacity of the Future Land Use Map in relation to the Planning Horizon of the Lee Plan. The allowable density was further reduced to one dwelling unit per ten acres and additional lands were added to the new future land use category. These changes were included to partially address the carrying capacity problem of the Future Land use Map. These additional changes ultimately lead to the inclusion of the words Density Reduction in the title of the Policy. The Board of County Commissioners adopted the Stipulated Settlement Agreement plan amendment in September of The DCA issued its Notice of Intent to find the amendment in compliance in late October Subsequent to the adoption of the DR/GR, Lee County has further delineated appropriate land uses in the southeast portion of the category through plan amendment CPA This amendment attempted to provide a balance between several land uses such as limerock mining, agriculture, residential development, and lands held for conservation purposes. Map 17, Southeast DR/GR Residential Overlay, was created to depict the location of new mixed use communities, golf course communities as well as existing acreage subdivisions. This map was adopted on March 3, The Mixed-Use Communities as well as the Rural Golf Course Community are locations that are intended to incorporate Transfer Development Rights (TDRs) and develop at densities above the standard density range of the DR/GR. PART II - STAFF ANALYSIS A. STAFF DISCUSSION The subject property is located on Corkscrew Road, adjacent to Bella Terra in the DR/GR future land use category. The property is located within the Corkscrew Wellfield. The property is adjacent to a regionally significant wetland flowway system, the Flint Pen Strand. These location attributes and others will be further discussed below. As stated above, the subject property is located in the DR/GR future land use category. This land use category typically limits density to a maximum of 1 dwelling unit for every 10 acres. However, prior to the adoption of the DR/GR future land use category in 1990 the previous owner of the subject property requested approval for 254 single family residential units as part of CPA Page 7 of 25

8 their mining operations. At that time the proposed residential community was consistent with the allowable density of the future land use category which allowed 1 dwelling unit an acre and the AG-2 zoning. Because of the density of the proposed development extending public water and sewer services to the individual residential lots was not required nor was it cost feasible. The proposed residential dwelling units were to be placed on private well and septic systems. Subsequently, the DR/GR future land use category was created and included the subject property. After completion of the mining operations in 2007, the previous owner recorded a plat on the subject property, including the 254 residential lots, the 222 acre lake and other common and preserve areas consistent with the existing approvals. The 254 residential dwelling units, in a low density suburban form of development, are now vested on the subject property as depicted on the plat. This pattern of development on the subject site is inconsistent with the DR/GR future land use category. The approved density is greater than 1 unit per 10 acres and the cumulative effect the private well and septic systems will have on the water resources within the DR/GR could be detrimental. The subject property is adjacent to other urban designated areas. Specifically the property to the west is in the Suburban future land use category. This property is zoned as a Residential Planned Development, known as Bella Terra. The requested amendment is compatible with this adjacent residential development. The proposed site design will provide increased buffers, relative to the existing approvals, to the adjacent residential lots within Bella Terra. The subject property is also adjacent to water and sewer and service areas and infrastructure that currently provides services to the nearby residential communities. The proximity to the water and sewer service provides an opportunity to eliminate the private wells and septic systems that would accompany the platted subdivision. This is particularly important at this location because the subject property is located immediately adjacent to sensitive lands within the Southeast DR/GR. The subject property is situated between public wells to the north and west of the property and the Flint Pen Strand, a regionally significant flowway recognized as such by the Lee Plan, to the south and east of the property. The applicant has proposed a project that could provide a benefit to the onsite potable aquifers and provide an increased indigenous buffer to the Flint Pen Strand. One of the reasons that the DR/GR future land use category was created was the county s concern for the protection of water resources that will sustain Lee County s growth into the future. The land subject to this application is already approved as a suburban subdivision. The property is vested for more density than the category currently allows. The subject site is located adjacent to the Corkscrew Well field. Active public potable wells are located north, northeast, west, and south of the subject site. Placing 254 dwelling units in this location on individual wells and septic tanks could cause adverse impacts to the water table aquifer as well as the sandstone aquifer. SURROUNDING ZONING, LAND USES, AND FUTURE LAND USE DESIGNATIONS The surrounding future land use categories consist of Density Reduction/Groundwater Resource (DR/GR), Suburban, Conservation Lands (Uplands and Wetlands), and Wetlands. The lands designated DR/GR are located to the north of the subject property, on the north side of CPA Page 8 of 25

9 Corkscrew Road. The DR/GR lands closest to the northwest corner include an old mining site that has approvals, consistent with the DR/GR, for residential development. The DR/GR property near the northeast corner of the subject site is an existing mine known as the University Lake Mine. The Suburban designated lands are to the west, and include the Bella Terra Residential Planned Development. The Conservation Lands (both wetlands and uplands are primarily located to the east and south of the subject property and make up the Flint Pen Strand. There are also Conservation Lands located on the north side of Corkscrew Road between the DR/GR properties described above. It is anticipated that the Conservation Lands will remain vacant. CONSISTENCY WITH THE LEE PLAN Staff finds that the proposed amendment, alternative 2, is consistent with several provisions of the Lee Plan. This is further discussed below. The DR/GR descriptor policy, Policy 1.4.5, was recently amended with CPA The policy requires a rezoning or development order must demonstrate compatibility with maintaining surface and groundwater levels at historic levels. Even though the proposed residential development is not a new use because of the 254 vested residential lots, the applicant has demonstrated that the proposed increase in density, including the required use of public water and sewer service will maintain surface and groundwater levels. The recent amendments to Policy 1.4.5, paragraph 2, also acknowledge that in certain circumstances it may be beneficial to allow for increased density. This paragraph in part provides this: Permitted land uses include agriculture, natural resource extraction and related facilities, conservation uses, public and private recreation facilities, and residential uses at a maximum density of one dwelling unit per ten acres (1 du/10 acres). See Policies , and for potential density adjustments resulting from concentration or transfer of development rights. Staff finds that alternative 2 is consistent with the intent of Lee Plan Policy 1.4.5, to protect water resources. Alternative 2 is consistent with the provisions of Lee Plan Table 1 (b). The subject site is located within the Southeast Lee County planning community. Table 1 (b) currently allocates 4,000 acres for residential use in the DR/GR future land use category portion of the Southeast Lee County planning community. Recent Planning Division research indicates that 2,309 acres in the DR/GR portion of the planning community have been developed for residential use. This research indicates that 1,691 additional acres can be developed for residential uses in the DR/GR portion of the planning community before the year The applicant is seeking residential development on approximately 208 acres. Staff concludes that there is sufficient allocation to accommodate alternative 2. Staff finds that the proposed Lee Plan amendment is consistent with Lee Plan Policy and Table 1(b). CPA Page 9 of 25

10 Objective 2.4 addresses amendments to the Future Land Use Map, Policy and specifically address amendments that would increase the allowable density or intensity of land uses within the DR/GR. Policy requires the Board of County Commissioners make a formal finding that no significant impacts on present or future water resources will result from the change. To assist in making this finding Policy requires additional information for any amendment that will increase the density or intensity of the DR/GR future land use category. These four pieces of additional data that are required are discussed in the following paragraphs. Policy specifically states that amendments to the existing DR/GR areas south of SR 82 east of I-75, excluding areas designated by the Port Authority as needed for airport expansion, which increase the current allowable density or intensity of land use will be discouraged by the county. However Policy also provides that there are four specific requirements for applicants seeking such an amendment. The four requirements are as follows: 1. analyze the proposed allowable land uses to determine the availability of irrigation and domestic water sources; and, 2. identify potential irrigation and domestic water sources, consistent with the Regional Water Supply Plan. Since regional water suppliers cannot obtain permits consistent with the planning time frame of the Lee Plan, water sources do not have to be currently permitted and available, but they must be reasonably capable of being permitted; and, 3. present data and analysis that the proposed land uses will not cause any significant harm to present and future public water resources; and, 4. supply data and analysis specifically addressing the urban sprawl criteria listed in Rule 9J (5) (g), (h), (i) and (j), FAC. The applicant has supplied the analysis as required in #1 above (see application materials). As proposed by the applicant, the source of the domestic water would be served by Lee County Utilities, eliminating the need for private wells which would draw from the potable water tables below the proposed property. Irrigation water for the residential units would be supplied by a master irrigation system that will draw from the existing 222 acre lake. The master irrigation system will allow greater control of irrigation water resulting in less use than would be allowed by individual private wells. Planning staff asked the applicant s consultant, Progressive Water Resources, to clarify the assumptions used by the applicant concerning projected irrigation usage by the current vested project and the proposed modified project. The applicant s consultant provided the following: In our report we assumed that under a worse case, peak month scenario that 50% of the total lot area would be irrigated. Since the total lot area for the original approved development was 291 acres, 50% would be acres. We then used acres in the SFWMD irrigation allocation program to derive the peak month irrigation demand for CPA Page 10 of 25

11 the approved development. Again, these quantities were approved to be withdrawn from the Sandstone Aquifer, the same aquifer as the County's wells. In the case of the proposed development demands, the same methodology was used, i.e., 50% of total lot area, but applied to the proposed development total lot area of 209 acres. This yields a peak month, worst case irrigation scenario of acres. The same SFWMD irrigation allocation program was used on the acres to generate peak month irrigation demands. These demands are proposed to be withdrawn from the 222 acre lake. Please note that the 222 acre lake has approximately 72.3 million gallons in the first foot of water, which is enough to meet the peak month, worst case demands for approximately 124 days, or approximately 4 months with no recharge from rainfall. The storage within the large lake virtually eliminates the drawdown of water levels as shown in our lake withdrawal model runs. The applicant has presented the required data to the Lee County Division of Natural Resources. The Division of Natural Resources has found that no significant impacts on present or future water resources will result from the change. (See attached letter from the Division of Natural Resources) Recent revisions to the Florida Growth Management Act have eliminated Rule 9J-5. The applicant contends that the existing form of development that is approved for the subject site, 254 single family dwelling units on 1 acre lots, is a suburban form of development and therefore the requested amendment would not lead to further urban sprawl. Staff acknowledges that the proposed development and plan amendment would not add any new land to the development footprint that has not already been approved. In fact the proposed development footprint is 57 acres less than the footprint permitted with existing approvals. Staff recognizes that the request would result in the addition of 546 dwelling units. As previously stated, the applicant has submitted a rezoning request concurrent with the plan amendment application. Lee County staff has conducted a preliminary review of the proposed concurrent rezoning case, including the proposed restoration and hydrologic improvements to the subject site, and finds the proposed development to be consistent with Lee Plan Policy , Objective 60.4, Objective 60.5, Policy , Policy , and Policy , which relate to conservation lands, flowways, green infrastructure, and preservation. Additionally staff has found that the proposed development, based on the proposed restoration and preservation of the wetlands and uplands that are adjacent and connected to the Flint Pen Strand, is consistent with the following: Lee Plan Objective 61.2; Objective 77.3; Policy ; Policy ; Policy ; Objective 114.1; and, Policy with regards to preservation and incorporation of flowways and green infrastructure. CPA Page 11 of 25

12 TRANSPORTATION/TRAFFIC CIRCULATION IMPACTS The proposed amendment was reviewed by the Department of Community Development traffic engineer who provided the following comments: The project is already platted with vested rights for 254 single family dwelling units. The proposal would be to amend the Future Land Use designation on the property from DR/GR to Sub-outlying Suburban in an effort to allow the construction of 800 single family dwelling units on the property. This represents an increase in daily trips of nearly 4,600 vehicles (two-way). Corkscrew Road has sufficient capacity from I-75 to Alico Road to withstand the increase in traffic associated with the increase in dwelling units. Presently, the segment of Corkscrew Road from I-75 to Ben Hill Griffin Parkway is operating at just under 25% of its four-lane capacity, the segments from Ben Hill Griffin Parkway to Wildcat Run and Wildcat Run to Alico Road are operating at 12% of the possible carrying capacity of the roadway. It is important to note that Lee County Department of Transportation is currently widening the section of Corkscrew Road from Ben Hill Griffin Parkway to the Bella Terra entrance from its current two-lane condition to a three-lane cross section which will increase the capacity of the roadway. A long range analysis was also completed as a part of the proposed Comprehensive Plan Amendment review. Should all of the developments that are presently approved on these links of Corkscrew Road be constructed and built out, the roadway would be operating at just under 30% of its capacity from I-75 to Ben Hill Griffin Parkway and just under 50% of the capacity from Ben Hill Griffin Parkway to Alico Road. Addition of the Corkscrew Woods traffic to Corkscrew Road would result in the roadway operating at no worse than 75% of its capacity. As a result, there is sufficient roadway capacity to sustain the proposed Comprehensive Plan Amendment. SOILS The applicant has provided a description of the soils that are found on site. For a detailed description please see the application materials. ENVIRONMENTAL CONSIDERATIONS Lee County Division of Environmental Sciences provided a staff report to the Lee County Planning Division on April 10, This report indicates that there are approximately 157 acres of indigenous wetlands and uplands scattered throughout the site. A total of 45 acres of this are already protected under conservation easements to the water management district. Tract H of the existing plat is not included under a conservation easement. This area is also encumbered by a private agreement. Environmental staff did conduct a site visit in regards to both the rezoning and comprehensive plan amendment applications. Staff found that a majority of the site consisted of lands that had been disturbed from past mining activities. The indigenous areas that are still located on site have been managed over time for exotic removal. Staff also CPA Page 12 of 25

13 notes that the property is located within the primary panther zone. Telemetry points indicate that the panthers do use the indigenous areas of the project site. In addition to the conservation easements that currently exist, the applicant is proposing to place acres of property that the existing plat identifies for residential development within conservation easements. This would result in an increase in the indigenous areas utilized by the panthers, and a restoration of the hydrologic connection between the subject site and the Flint Pen Strand to the south. Environmental Staff is concerned that the increased density on the site can have a negative impact on wildlife in the area. The concern is related to the increased traffic on Corkscrew Road and potential conflicts that may occur with large mammals (Florida panther and black bear) crossing the road. The Environmental Science report is attached to this staff report. The location of development tracts and required open space areas will be reconfirmed through the rezoning and development order processes. NATURAL RESOURCES Lee County Division of Natural Resources provided written comments to the Lee County Planning Division in a memorandum dated April 16, The Division of Natural Resources found that: Although the number of units has increased, the change in source of water and the reduction in irrigated area provide a net overall benefit to groundwater levels when compared to existing approvals in place. Furthermore, the proposed amendment reduces the project footprint to the south and thereby provides increased flow-way preservation. The memorandum provided by the Department of Natural Resources also included a list of concerns that will need to be addressed through site design and should be conditions of the pending zoning approvals. These conditions are as follows: 1) Storm water runoff shall be directed to specifically designed and designated storm water treatment areas; it must not be directly diverted or placed into the existing 222 acre lake. 2) The applicant shall not discharge storm water from the development into the County s MS4 system unless specifically authorized by the Division of Natural Resources. 3) A lake management plan shall be submitted for review and approval by the Division of Natural Resources. Among other issues, the plan shall address issues related to maintenance of water levels and littoral plants in the lake. 4) All proposed sanitary sewer lines shall be designed to meet the State required (Chapter ) setback of 100 feet from the existing 222 acre on-site lake and nearby Lee County Utilities public water supply wells. The waters contained in this lake are directly connected to potable water bearing aquifer(s) and as such must be protected from sanitary hazards. As defined in Chapter : (75) "SANITARY HAZARD" means a physical condition which involves or affects any part of a drinking water system or the CPA Page 13 of 25

14 raw water source, and that creates an imminent or potentially serious risk to the health of any person who consumes water from that system. Furthermore, as required by Lee Plan Policies and the Division of Natural Resources found that no significant impacts on present or future water resources will result from the change. The complete Division of Natural Resources correspondence is attached to this Staff Report. FEMA FLOODWAY ISSUE County records show that the subject site is not located within a FEMA identified floodway. HISTORIC RESOURCES Portions of this site are within the level 2 sensitivity areas for archeological and historic resources. SCHOOL IMPACTS The Lee County School District provided correspondence to the Lee County Division of Planning dated October 20, 2011 stating that Currently within the School District there are sufficient seats available to serve this need. SOLID WASTE The Lee County Solid Waste Division provided correspondence to the applicant on September 21, 2011 stating that they are capable of providing solid waste collection service for the proposed project and had no objections to the Lee Plan Amendment. MASS TRANSIT Lee County Transit provided the applicant a letter dated September 26, 2011 stating the following: Currently, the closest access point to the development area is at Miromar Outlets. This is Route 60 which provides service from San Carlos Plaza to Florida Gulf Coast University and Gulf Coast Town Center. LeeTran does not plan to extend service further east on Corkscrew or Alico Roads at anytime during the 10 year horizon of the Transit Development Plan. EMERGENCY MEDICAL SERVICES (EMS) Lee County EMS provided correspondence stating they will be able to accommodate the additional development proposed on the subject property. POLICE The Lee County Sheriff s Office provided a letter to the applicant dated on September 29, 2011 stating that the proposed Lee Plan amendment would not affect the ability of the Lee County Sheriff s Office to provide core levels of service at this time. CPA Page 14 of 25

15 FIRE Estero Fire and Rescue provided a letter to the applicant dated December 6, 2011 stating that they had adequate facilities to serve the proposed Future Land Use Map (amendment). UTILITIES Lee County Utilities provided correspondence to the applicant on November 30, 2011 stating that there is adequate capacity to serve the proposed development. Lee County Utilities Letter of Availability is attached to this staff report. Lee County Utilities also confirmed that the Pinewoods water use permit allocation is 2,225 million gallons per year (6.09 MGD annual average). The applicant s submitted capacity analysis utilized the permitted treatment capacity of 5,300,000 GPD which is less than the permitted water use permit allocation. The proposed amendment will not create an issue regarding the water use permit capacity. Additional analysis will be performed in both the rezoning and development order processes. APPLICANT S JUSTIFICATION The applicant has provided the following analysis concerning consistency with the intent of the Lee Plan: Inclusion of the proposed Overlay would allow re-design of developments previously approved at densities greater than that allowed in the DR/GR as that category is now defined. The amendment restricts itself to properties that are large enough to have a potentially significant adverse impact upon surface and ground water resources within the DR/GR. The proposed amendment language provides for strict criteria for evaluation of such projects, performance criteria for re-design, and a density incentive scale to determine the potential density that could be achieved if the re-design is undertaken. Additionally, the criteria exclude Existing Acreage subdivisions, Mixed Use Communities, and any other developments that have a density consistent with DR/GR criteria. The proposed Overlay is restricted to properties that adjoin future urban areas and are adjacent to existing water and sewer systems. The intent is to insure that any development proposed will provide central utilities and remove the threat of wells and septic systems from the DR/GR area. Requirements to demonstrate that public water supply wells will be protected, compliance with the Lee County Well Field Protection Ordinance 07-35, provide for on-site control of horticultural chemicals, and implement a design to improve recharge on the subject property will further the intent of the DR/GR category. Further, by restricting the application of the Overlay to properties with prior approvals, no new development is being permitted or allowed in the DR/GR designated areas by virtue of this amendment. Compliance with the development allocation table (Table 1b) is also part of the Overlay amendment, and no additional modifications to that table will be required. Lee Plan Policy states: CPA Page 15 of 25

16 The Density Reduction/Groundwater Resource (DR/GR) areas include upland areas that provide substantial recharge to aquifers most suitable for future wellfield development. These areas also are the most favorable locations for physical withdrawal of water from those aquifers. Only minimal public facilities exist or are programmed. Land uses in these areas must be compatible with maintaining surface and groundwater levels at their historic levels. Permitted land uses include agriculture, natural resource extraction and related facilities, conservation uses, publicly-owned gun range facilities, private recreation facilities, and residential uses at a maximum density of one dwelling unit per ten acres (1 du/10 acres). Individual residential parcels may contain up to two acres of Wetlands without losing the right to have a dwelling unit, provided that no alterations are made to those wetland areas. The proposed overlay deals with potential impacts to DR/GR lands anticipated from vested developments at the periphery of the land use category. In order to provide transitional uses, minimize impacts of the few vested developments that exist within the DR/GR, and implement provisions for the protection of groundwater and aquifer recharge qualities, the proposed overlay will serve to retain the protections inherent in the DR/GR category while advancing the intent of the Policy. The proposed overlay will also implement the provisions of Objective 2.4 and its attendant, applicable Policies, through the performance criteria which mandate the extension of public utilities, improvements to recharge opportunities, control of fertilizers and related chemicals, improvements to water quality standards, and a demonstration that public potable water supplies will be protected. Inclusion of requirements for reductions in irrigation water and use of reclaimed water, where available, also serves to reduce demands upon aquifers that have the potential to supply public water supply wells Similarly, the mandate for use of native plant materials works to reduce water dependence and helps re-establish indigenous species within the DR/GR. The density criteria rating system provides for opportunities to add to conservation and preservation lands, consistent with the Lee Plan s Policy cluster associated with Objective 19.4, while retaining the protection of its conservation policies such as Policy and the Wetlands policies associated with Objective 1.5. The overlay also provides the opportunity and requirement to coordinate surface water management systems with the concept of improving the quality of receiving waters and surrounding natural areas as well as the function of natural groundwater aquifer recharge areas while also providing flood protection for existing and future development, consistent with Goal 60 of the Lee Plan. INCREASING DENSITY IN THE DR/GR As previously noted, the Lee Plan, in Policy 2.4.3, discourages Future Land Use Map amendments to the southeast DR/GR. The recent amendment, CPA , addressed the CPA Page 16 of 25

17 need to allow some flexibility to cluster or concentrate development rights to specific properties noted on Lee Plan Map 17 to protect water resources and wildlife habitats. While staff is not typically in favor of increasing density in the DR/GR, this project has unusual circumstances: an approved plat; proposed smaller development footprint; elimination of septic tanks and environmental benefits. The applicant has requested additional dwelling units to offset the increased costs of all of the identified improvements. Increased density has also been discussed in relation to the goals of the Lee Plan as recently amended. The recent amendment (CPA ) reiterated the importance of water resources in the southeast portion of the county. CPA also introduced the protection of natural habitat as part of the planning goal for this portion of the county. The amendment also concentrates development rights into new mixed use communities that were identified. The applicant and staff have discussed on numerous occasions the best methodology to address all of the issues that have been identified such as how any additional density is generated for use on the site. These discussions have led the applicant to request the second alternative which leaves the property in the DR/GR category but allows increased density similar to the recent amendment. Allowing the use of Transfer of Development Rights on the site is a concept that is consistent with the recent amendment. The site would have to be designated as an approved receiving site. Incentivizing the acquisition of property based on ecological function and wildlife movement is also consistent with existing Lee Plan Policy , paragraph 2 which allows for additional incentives based on environmental sensitivity of the TDR sending sites. In the case of Policy , the sending sites have been classified into Tiers 1 through 7, identified on Lee Plan Map 1, Page 4. In keeping with the requirements of Lee Plan Goal 33, staff identified appropriate criteria to utilize in the generation of additional density. The criteria include the following: 1. Acquire offsite property for conservation purposes to extinguish density in the southeast DR/GR area; 2. Acquire offsite conservation easements; 3. Provide additional onsite conservation easements; 4. Perform onsite restoration; 5. Preserve primary panther habitat; 6. Protect/conserve onsite wetlands connected to regionally significant flowways identified in the Lee Plan. 7. Provide funds to Lee County to extinguish density on other DR/GR parcels or to construct large mammal roadway crossings in the southeast DR/GR area. CPA Page 17 of 25

18 The applicant will have the ability to select which criteria will be utilized to achieve the project density. Not all of these criteria will necessarily be pursued. The use of TDRs from the DR/GR could provide additional density if the applicant acquires offsite property for conservation purposes. Additional density could also be granted if the applicant acquires an offsite conservation easement on land in the southeast DR/GR area. This would have the same effect as acquiring fee simple ownership to concentrate development rights to the subject site. Staff also believes that incentivizing providing additional onsite conservation easements is consistent with the concentration/clustering strategy that are being pursued in the southeast DR/GR. Incentivizing onsite restoration of additional acreage is also consistent with the goal of natural habitat protection contained in Lee Plan Goal 33. If the applicant chooses to provide funds to Lee County, as identified in the criteria above, there must be an understanding of current market conditions in the DR/GR to relate the funds to the amount of land that could be acquired to extinguish residential density. As part of the review for this amendment, staff reviewed the cost to purchase an acre of southeast DR/GR. According to public records, the subject property was acquired last December by the applicant for 7 million dollars. The subject site is acres in size. This equates to approximately $9, per acre. Staff has reviewed recent purchases in the DR/GR area, such as conservation 20/20 purchases. These purchases were all in the $8,250 an acre range. Staff realizes that not all properties are equal. Some properties maybe more expensive given their entitlements. Staff utilized the assumption of $8,500 an acre as an estimate of the price of an acre in the DR/GR area at this time. CREATION OF AN IMPROVED RESIDENTIAL COMMUNITIES OVERLAY Lee County staff recommends the following as amendments that would be required for the creation of the proposed Improved Residential Communities overlay on Map 17 and the subsequent language changes needed to assure compliance with the intent of the DR/GR area. Staff recommends the following amendments to Policy 1.4.5, paragraph 2, to revise the references in the policy. POLICY 1.4.5: The Density Reduction/Groundwater Resource (DR/GR) land use category includes upland areas that provide substantial recharge to aquifers most suitable for future wellfield development. These areas also are the most favorable locations for physical withdrawal of water from those aquifers. Only minimal public facilities exist or are programmed. 1. New land uses in these areas that require rezoning or a development order must demonstrate compatibility with maintaining surface and groundwater levels at their CPA Page 18 of 25

19 historic levels (except as provided in Policies and ) utilizing hydrologic modeling, the incorporation of increased storage capacity, and inclusion of green infrastructure. The modeling must also show that no adverse impacts will result to properties located upstream, downstream, as well as and adjacent to the site property. Offsite mitigation may can be utilized, and may be required, to demonstrate this compatibility. Evidence as to historic levels may be submitted during the rezoning or development review processes. 2. Permitted land uses include agriculture, natural resource extraction and related facilities, conservation uses, public and private recreation facilities, and residential uses at a maximum density of one dwelling unit per ten acres (1 du/10 acres). See Policies , , and , and for potential density adjustments resulting from concentration or transfer of development rights. a. For residential development, [NO CHANGES TO THE REST OF THE POLICY] Staff recommends that Policy be amended to add a new definition for the new Improved Residential Communities overlay. Staff is also proposing to amend the policy to clarify that the different types of residential overlays are only applicable to the Southeast DR/GR. POLICY : The Southeast DR/GR Density Reduction/Groundwater Resource overlay (Map 17) is described in Policies through This overlay affects only Southeast Lee County and identifies three four types of land: 1. Existing Acreage Subdivisions: : existing rural residential subdivisions that should be protected from adverse external impacts such as natural resource extraction. 2. Rural Golf Course Communities: potential locations for the concentration of development rights on property zoned Private Recreational Facilities Planned Development and located in the Southeast Density Reduction/Groundwater Resource area. 3. Mixed-Use Communities: locations where this concentration of development rights from large contiguous tracts with the Density Reduction/Groundwater Resource area that can be supplemented by transfer of development rights from non-contiguous tracts in the Southeast Density Reduction/Groundwater Resource area. See Objective 33.3 and following policies. CPA Page 19 of 25

20 4. Improved Residential Communities: property with existing residential approvals that are inconsistent with the Southeast Density Reduction/Groundwater Resource area that could be improved environmentally. Staff recommends the following amendments to Policy , paragraphs 2 and 3, to adjust the references in the policy. 2. Tiers 1, 2, 3, and the southern two miles of Tiers 5, 6, and 7 will qualify for incentives when development rights are transferred to less sensitive sites in accordance with Policies and Permanent protection of land within all tiers may also occur through: a. Using resource extraction mitigation fees to acquire land; b. Establishing a Regional Offsite Mitigation Area (ROMA); or c. Concentrating development as depicted in the Rural Residential overlay (Map 17) as detailed in Policies , and Staff recommends that Objective 33.3 should be amended to include the new Improved Residential Communities overlay. Staff is also proposing to amend the objective so that the different types of residential overlays are referenced in a consistent manner. OBJECTIVE 33.3: RESIDENTIAL AND MIXED-USE DEVELOPMENT. Designate on a Future Land Use Map overlay existing acreage subdivision areas that should be protected from adverse impacts of mining (Existing Acreage Subdivisions), and specific locations for concentrating existing development rights on large tracts (Mixed-Use Communities), and vacant properties with existing residential approvals that are inconsistent with the density Reduction/Groundwater Resource future land use category (Improved Residential Communities). Staff recommends the following amendments to Policy , paragraph 1, to revise the references in the policy. POLICY : Unsubdivided land is too valuable to be consumed by inefficient landuse patterns. Although additional acreage or ranchette subdivisions may be needed in the future, the preferred pattern for using existing residential development rights from large tracts is to concentrate them as compact internally connected Mixed-Use Communities along existing roads and away from Future Limerock Mining areas. Map 17 identifies future locations for Mixed-Use Communities where development rights can be CPA Page 20 of 25

21 concentrated from major DR/GR tracts into traditional neighborhood developments (see glossary). 1. Mixed-Use Communities must be concentrated from contiguous property owned under single ownership or control; Allowable residential development without the benefit of TDR credits is limited to the existing allowable dwelling units from the upland and wetland acreage of the entire contiguous DR/GR tract. The only net increases in dwelling units will be through incentives as specified in the LDC for permanent protection of indigenous native uplands on the contiguous tract (up to one extra dwelling unit allowed for each five acres of preserved or restored indigenous native uplands) and through the acquisition of TDRs credits from TDR sending areas as provided in Policies and Staff recommends adding the following policy under Objective 33.3, setting forth new criteria, design requirements and incentives for Improved Residential Communities. POLICY : Properties within the DR/GR that have existing approvals for residential development inconsistent with the current DR/GR density requirements, may damage surface and sub-surface water resources, impact habitat, and encroach on environmentally important land if developed consistent with the vested approvals. As an incentive to reduce these potential impacts additional densities may be granted if strict criteria improving the adverse impacts are followed. 1. These properties may be designated on Map 17 as Improved Residential Communities, provided they meet all of the following requirements: a. Abut lands designated as future urban areas; b. Adjacent to and eligible for public water and sewer services; c. Can provide two (2) direct accesses to an arterial roadway, and; d. Is not already designated on Lee Plan Map 17 as an Existing Acreage Subdivision or a Mixed Use Community. 2. In order to request an increase in density, the property must be rezoned to a Residential Planned Development (RPD) that demonstrates and is conditioned to provide the following: a. Reduced stress to the onsite potable aquifers and is more consistent with water resource goals of Lee County in the DR/GR than the existing development approvals. CPA Page 21 of 25

22 b. Increased conservation areas, relative to the existing approvals, with a restoration plan and long term maintenance commitment. c. Active and passive recreational amenities to promote a healthy lifestyle. d. Demonstrates a net benefit for water resources, relative to the existing approvals that demonstrates the following. (1) Lower irrigation demand. (2) Eliminates private irrigation wells (3) Protects Public wells by meeting or exceeding the requirements of the Well Field Protection Ordinance. (4) Uses Florida Friendly Plantings with low irrigation requirements in Common Elements. (5) Connects to public water and sewer service, and must connect to reclaimed water when available. (6) Reduces impervious area relative to existing approvals improving opportunities for groundwater recharge. (7) Designed to accommodate existing or historic flowways. e. Includes an enhanced lake management plan, that addresses at a minimum the following issues: (1) Best management practices for fertilizers and pesticides (2) Erosion control and bank stabilization (3) Lake maintenance requirements (4) Public well field protection 3. Properties meeting the above criteria and requirements may be permitted additional residential dwelling units in addition to the already existing approvals, but in no case in excess of three (3) dwelling units per DR/GR upland acre, based on the following criteria: a. 2 dwelling units for every acre of offsite DR/GR property acquired for conservation purposes with the possibility of passive recreation activities. b. 2 dwelling units for every additional acre of offsite DR/GR property put under a conservation easement dedicated to Lee County. c. 1.5 dwelling units for every additional acre of onsite property put under a conservation easement. d. 1 dwelling unit for every acre of onsite restoration. e. 2 dwelling units for every acre of DR/GR preserved primary panther habitat. f. 2 dwelling units for every acre of protected onsite wetlands connected to a regionally significant flowway identified in the Lee Plan. g. 1 dwelling unit for every $8,500 (the current estimated cost to purchase an acre of Southeast DR/GR land) the applicant provides to the county to extinguish CPA Page 22 of 25

23 density on other Southeast DR/GR parcels or to construct a planned large mammal roadway crossing in the Southeast DR/GR area. The improvements or acquisition of properties serve to mitigate impacts of the increased density. Future Improved Residential Communities proposed to be added to Map 17 must provide a reanalysis of the cost to purchase one acre of DR/GR property. Staff recommends the following amendment to renumber the policy and to allow for the use of TDR in Rural Golf Course Communities and Improved Residential Communities. POLICY : Owners of major DR/GR tracts without the ability to construct a Mixed-Use Community on their own land are encouraged to transfer their residential development rights to Future Urban Areas (see Objective 1.1), specifically the Mixed- Use Overlay, the Lehigh Acres Specialized Mixed-Use Nodes, and any Lee Plan designation that allows bonus density (see Table 1(a)), or to future Mixed-Use Communities, Rural Golf Course Communities, or Improved Residential Communities on land so designated on Map 17. These transfers would avoid unnecessary travel for future residents, increase housing diversity and commercial opportunities for nearby Lehigh Acres, protect existing agricultural or natural lands, and allow the conservation of larger contiguous tracts of land. No changes proposed to paragraphs 1 to 5 of this policy. 6. Lee County will complete these three steps by Until step 5.c is adopted, TDR credits may not be redeemed in the Mixed-Use Communities located along S.R. 82. No redemption of TDR credits that will increase dwelling units or non-residential floor area will be permitted, if these increases would cause the adopted level of service for S.R. 82 to be exceeded (see Goal 37). This restriction applies unless a Mixed-Use Community addresses its transportation impacts through the DRI process consistent with F.S (12). a. This temporary restriction does not prohibit landowners from concentrating development rights from contiguous DR/GR property under common ownership or control. b. Lee County encourages the creation of TDR credits from Southeast DR/GR lands and the transfer of those credits to all other designated receiving areas, including: (1) Other Mixed-Use Communities; (2) Rural Golf Course Communities; (3) Improved Residential Communities; (34) Future Urban Area (see Objective 1.1); CPA Page 23 of 25

24 (45) Mixed-Use Overlay; (56) Lehigh Acres Specialized Mixed-Use Nodes; (67) Lee Plan designation that allow bonus density (see Table 1(a)); and, (78) Incorporated municipalities that have formally agreed to accept TDR credits. B. CONCLUSIONS Staff has identified advantages and disadvantages in transmitting this proposed amendment to the Lee Plan. Factors leading to a recommendation not to transmit this amendment include: Lee Plan policy language which discourages any increase in density and intensity of lands designated DR/GR; Increased traffic on the Corkscrew Road may result in increase in higher instances of traffic related deaths of large mammals and other wildlife; and Continuance of suburban sprawl. There are also positive attributes of alternative 2. These include: provides a net overall benefit to groundwater levels; incorporates a smaller development footprint; removal of approximately 1 mile of raised impervious road base with a subsequent restoration to indigenous plant communities; provides additional conservation lands adjacent to public lands in the Flint Pen strand; maintains the DR/GR designation; addresses the method to increase density; Lee County utilities will be extended to the site, eliminating the potential of 254 dwelling units being served by individual private potable water wells and septic tanks. After weighing all of these factors, and the other issues that are discussed in the staff report, staff is recommending that the Board of County Commissioners transmit alternative #2. CPA Page 24 of 25

25 PART III - LOCAL PLANNING AGENCY REVIEW AND RECOMMENDATION DATE OF PUBLIC HEARING: April 23, 2012 A. LOCAL PLANNING AGENCY REVIEW B. LOCAL PLANNING AGENCY RECOMMENDATION AND FINDINGS OF FACT SUMMARY 1. RECOMMENDATION: 2. BASIS AND RECOMMENDED FINDINGS OF FACT: C. VOTE: NOEL ANDRESS WAYNE DALTRY JIM GREEN MITCH HUTCHCRAFT RONALD INGE ANN PIERCE ROGER STRELOW CPA Page 25 of 25

26 ATTACHMENT 1 CPA TEXT AMENDMENTS: POLICY 1.4.5: The Density Reduction/Groundwater Resource (DR/GR) land use category includes upland areas that provide substantial recharge to aquifers most suitable for future wellfield development. These areas also are the most favorable locations for physical withdrawal of water from those aquifers. Only minimal public facilities exist or are programmed. 1. New land uses in these areas that require rezoning or a development order must demonstrate compatibility with maintaining surface and groundwater levels at their historic levels (except as provided in Policies and ) utilizing hydrologic modeling, the incorporation of increased storage capacity, and inclusion of green infrastructure. The modeling must also show that no adverse impacts will result to properties located upstream, downstream, as well as and adjacent to the site property. Offsite mitigation may can be utilized, and may be required, to demonstrate this compatibility. Evidence as to historic levels may be submitted during the rezoning or development review processes. 2. Permitted land uses include agriculture, natural resource extraction and related facilities, conservation uses, public and private recreation facilities, and residential uses at a maximum density of one dwelling unit per ten acres (1 du/10 acres). See Policies , , and , and for potential density adjustments resulting from concentration or transfer of development rights. a. For residential development, also see Objective 33.3 and following policies. Commercial and civic uses can be incorporated into Mixed-Use Communities to the extent specifically provided in those policies. b. Individual residential parcels may contain up to two acres of Wetlands without losing the right to have a dwelling unit, provided that no alterations are made to those wetland areas. c. The Future Limerock Mining overlay (Map 14) identifies sufficient land near the traditional Alico Road industrial corridor for continued limerock mining to meet regional demands through the Lee Plan s planning horizon (currently 2030). See Objective 33.1 and following policies. 3. Private Recreational Facilities may be permitted in accordance with the site locational requirements and design standards, as further defined in Goal 16. No Private Attachment 1 for April 18, 2012 CPA Page 1 of 12

27 recreational facilities may occur within the DR/GR land use category without a rezoning to an appropriate planned development zoning category, and compliance with the Private Recreation Facilities performance standards, contained in Goal 16 of the Lee Plan. POLICY : The Southeast DR/GR Density Reduction/Groundwater Resource overlay (Map 17) is described in Policies through This overlay affects only Southeast Lee County and identifies three four types of land: 1. Existing Acreage Subdivisions: : existing rural residential subdivisions that should be protected from adverse external impacts such as natural resource extraction. 2. Rural Golf Course Communities: potential locations for the concentration of development rights on property zoned Private Recreational Facilities Planned Development and located in the Southeast Density Reduction/Groundwater Resource area. 3. Mixed-Use Communities: locations where this concentration of development rights from large contiguous tracts with the Density Reduction/Groundwater Resource area that can be supplemented by transfer of development rights from non-contiguous tracts in the Southeast Density Reduction/Groundwater Resource area. See Objective 33.3 and following policies. 4. Improved Residential Communities: property with existing residential approvals that are inconsistent with the Southeast Density Reduction/Groundwater Resource area that could be improved environmentally. POLICY : It is in southwest Florida s interest for public and nonprofit agencies to actively pursue acquisition of partial or full interest in land within the Tier 1 areas in this overlay through direct purchase; partnerships with other government agencies; long-term purchase agreements; right of first refusal contracts; land swaps; and other appropriate means. These lands would provide critical connections to other conservation lands that serve as the backbone for water resource management and wildlife movement within the DR/GR. Tier 2 lands are of equal ecological and water resource importance as Tier 1 but have better potential to remain in productive agricultural use as described in Policies and Tier 3 lands and the southern two miles of Tiers 5, 6, and 7 can provide an important wildlife connection to conservation lands in Collier County and an anticipated regional habitat link to the Okaloacoochee Slough State Forest. Attachment 1 for April 18, 2012 CPA Page 2 of 12

28 1. The county will consider incentives for private landowners to maintain and improve water resources and natural ecosystems on properties within Tier 2 through Tier 7, including but not limited to acquiring agricultural or conservation easements; compensation for water storage that is in the public interest; and providing matching funds to secure federal and state funds/grants for improving agricultural best management practices or protection/restoration of wetlands on existing agricultural operations. 2. Tiers 1, 2, 3, and the southern two miles of Tiers 5, 6, and 7 will qualify for incentives when development rights are transferred to less sensitive sites in accordance with Policies and Permanent protection of land within all tiers may also occur through: a. Using resource extraction mitigation fees to acquire land; b. Establishing a Regional Offsite Mitigation Area (ROMA); or c. Concentrating development as depicted in the Rural Residential overlay (Map 17) as detailed in Policies , and OBJECTIVE 33.3: RESIDENTIAL AND MIXED-USE DEVELOPMENT. Designate on a Future Land Use Map overlay existing acreage subdivision areas that should be protected from adverse impacts of mining (Existing Acreage Subdivisions), and specific locations for concentrating existing development rights on large tracts (Mixed-Use Communities), and vacant properties with existing residential approvals that are inconsistent with the density Reduction/Groundwater Resource future land use category (Improved Residential Communities). POLICY : Unsubdivided land is too valuable to be consumed by inefficient landuse patterns. Although additional acreage or ranchette subdivisions may be needed in the future, the preferred pattern for using existing residential development rights from large tracts is to concentrate them as compact internally connected Mixed-Use Communities along existing roads and away from Future Limerock Mining areas. Map 17 identifies future locations for Mixed-Use Communities where development rights can be concentrated from major DR/GR tracts into traditional neighborhood developments (see glossary). 1. Mixed-Use Communities must be concentrated from contiguous property owned under single ownership or control; Allowable residential development without the benefit of TDR credits is limited to the existing allowable dwelling units from the Attachment 1 for April 18, 2012 CPA Page 3 of 12

29 upland and wetland acreage of the entire contiguous DR/GR tract. The only net increases in dwelling units will be through incentives as specified in the LDC for permanent protection of indigenous native uplands on the contiguous tract (up to one extra dwelling unit allowed for each five acres of preserved or restored indigenous native uplands) and through the acquisition of TDRs credits from TDR sending areas as provided in Policies and a. When expanded with transferred development rights, the maximum gross density is 5 dwelling units per acre of total land designated as a Mixed-Use Community as shown on Map 17. b. The maximum basic intensity of non-residential development is 75 square feet, per by right clustered dwelling unit. c. The additional intensity that can be created using TDR credits may not exceed 300,000 square feet of non-residential floor area in any Mixed-Use Community. d. These limits on dwelling units and non-residential floor area do not apply to any land in a Mixed-Use Community that is designated Central Urban rather than DR/GR. Numerical limits for Central Urban land are as provided elsewhere in the Lee Plan. 2. Contiguous property under the same ownership may be developed as part of a Mixed- Use Community provided the property under contiguous ownership does not extend more than 400 feet beyond the perimeter of the Mixed-Use Community as designated on Map In 2010 an exception was made to the requirement in Policy that DR/GR land uses must demonstrate compatibility with maintaining surface and groundwater levels at their historic levels. Under this exception, construction may occur on land designated as a Mixed-Use Community on Map 17 provided the impacts to natural resources, including water levels and wetlands, are offset through appropriate mitigation within Southeast Lee County. Appropriate mitigation for water levels will be based upon site-specific data and modeling acceptable to the Division of Natural Resources. Appropriate wetland mitigation may be provided by preservation of high quality indigenous habitat, restoration or reconnection of historic flowways, connectivity to public conservation lands, restoration of historic ecosystems or other mitigation measures as deemed sufficient by the Division of Environmental Sciences. When possible, it is recommended that wetland mitigation be located within Attachment 1 for April 18, 2012 CPA Page 4 of 12

30 Southeast Lee County. The Land Development Code will be revised to include provisions to implement this policy. 4. To create walkable neighborhoods that reduce automobile usage and minimize the amount of DR/GR land consumed by development, the Land Development Code will specify how each Mixed-Use Community will provide: a. A compact physical form with identifiable centers and edges, with opportunities for shopping and workplaces near residential neighborhoods; b. A highly interconnected street network, to disperse traffic and provide convenient routes for pedestrians and bicyclists; c. High-quality public spaces, with building facades having windows and doors facing tree-lined streets, plazas, squares, or parks; d. Diversity not homogeneity, with a variety of building types, street types, open spaces, and land uses providing for people of all ages and every form of mobility; and e. Resiliency and sustainability, allowing adaptation over time to changing economic conditions and broader transportation options. POLICY : Properties within the DR/GR that have existing approvals for residential development inconsistent with the current DR/GR density requirements, may damage surface and sub-surface water resources, impact habitat, and encroach on environmentally important land if developed consistent with the vested approvals. As an incentive to reduce these potential impacts additional densities may be granted if strict criteria improving the adverse impacts are followed. 1. These properties may be designated on Map 17 as Improved Residential Communities, provided they meet all of the following requirements: a. Abut lands designated as future urban areas; b. Adjacent to and eligible for public water and sewer services; c. Can provide two (2) direct accesses to an arterial roadway, and; d. Is not already designated on Lee Plan Map 17 as an Existing Acreage Subdivision or a Mixed Use Community. Attachment 1 for April 18, 2012 CPA Page 5 of 12

31 2. In order to request an increase in density, the property must be rezoned to a Residential Planned Development (RPD) that demonstrates and is conditioned to provide the following: a. Reduced stress to the onsite potable aquifers and is more consistent with water resource goals of Lee County in the DR/GR than the existing development approvals. b. Increased conservation areas, relative to the existing approvals, with a restoration plan and long term maintenance commitment. c. Active and passive recreational amenities to promote a healthy lifestyle. d. Demonstrates a net benefit for water resources, relative to the existing approvals that demonstrates the following. (1) Lower irrigation demand. (2) Eliminates private irrigation wells (3) Protects Public wells by meeting or exceeding the requirements of the Well Field Protection Ordinance. (4) Uses Florida Friendly Plantings with low irrigation requirements in Common Elements. (5) Connects to public water and sewer service, and must connect to reclaimed water when available. (6) Reduces impervious area relative to existing approvals improving opportunities for groundwater recharge. (7) Designed to accommodate existing or historic flowways. e. Includes an enhanced lake management plan, that addresses at a minimum the following issues: (1) Best management practices for fertilizers and pesticides (2) Erosion control and bank stabilization (3) Lake maintenance requirements (4) Public well field protection 3. Properties meeting the above criteria and requirements may be permitted additional residential dwelling units in addition to the already existing approvals, but in no case in excess of three (3) dwelling units per DR/GR upland acre, based on the following criteria: a. 2 dwelling units for every acre of offsite DR/GR property acquired for conservation purposes with the possibility of passive recreation activities. b. 2 dwelling units for every additional acre of offsite DR/GR property put under a conservation easement dedicated to Lee County. Attachment 1 for April 18, 2012 CPA Page 6 of 12

32 c. 1.5 dwelling units for every additional acre of onsite property put under a conservation easement. d. 1 dwelling unit for every acre of onsite restoration. e. 2 dwelling units for every acre of DR/GR preserved primary panther habitat. f. 2 dwelling units for every acre of protected onsite wetlands connected to a regionally significant flowway identified in the Lee Plan. g. 1 dwelling unit for every $8,500 (the current estimated cost to purchase an acre of Southeast DR/GR land) the applicant provides to the county to extinguish density on other Southeast DR/GR parcels or to construct a planned large mammal roadway crossing in the Southeast DR/GR area. The improvements or acquisition of properties serve to mitigate impacts of the increased density. Future Improved Residential Communities proposed to be added to Map 17 must provide a reanalysis of the cost to purchase one acre of DR/GR property. POLICY : Owners of major DR/GR tracts without the ability to construct a Mixed-Use Community on their own land are encouraged to transfer their residential development rights to Future Urban Areas (see Objective 1.1), specifically the Mixed- Use Overlay, the Lehigh Acres Specialized Mixed-Use Nodes, and any Lee Plan designation that allows bonus density (see Table 1(a)), or to future Mixed-Use Communities, Rural Golf Course Communities, or Improved Residential Communities on land so designated on Map 17. These transfers would avoid unnecessary travel for future residents, increase housing diversity and commercial opportunities for nearby Lehigh Acres, protect existing agricultural or natural lands, and allow the conservation of larger contiguous tracts of land. 1. To these ends, Lee County will establish a program that will allow and encourage the transfer of upland and wetland development rights (TDR) to designated TDR receiving areas. This program will also allow limited development in accordance with Policy and Within the Mixed-Use Communities shown on Map 17, significant commercial and civic uses are required. Each Mixed-Use Community adjoining S.R. 82 must be designed to include non-residential uses not only to serve its residents but also to begin offsetting the shortage of non-residential uses in adjoining Lehigh Acres. At a minimum, each community adjoining S.R. 82 must designate at least 10% of its developable land into zones for non-residential uses. Specific requirements for incorporating these uses into Mixed-Use Communities are set forth in the Land Development Code. Attachment 1 for April 18, 2012 CPA Page 7 of 12

33 3. Mixed-Use Communities must be served by central water and wastewater services. All Mixed-Use Communities were added to the future water and sewer service areas for Lee County Utilities (Lee Plan Maps 6 and 7) in Development approvals for each community are contingent on availability of adequate capacity at the central plants and on developer-provided upgrades to distribution and collection systems to connect to the existing systems. Lee County Utilities has the plant capacity at this time to serve full build-out of all Mixed-Use Communities. Lee County acknowledges that the Three Oaks wastewater treatment plant does not have sufficient capacity to serve all anticipated growth within its future service area through the year Lee County commits to expand that facility or build an additional facility to meet wastewater demands. One of these improvements will be included in a future capital improvements program to ensure that sufficient capacity will be available to serve the Mixed-Use Communities and the additional development anticipated through the year Development approvals for Mixed-Use Communities are contingent on adequate capacity in the public school system (see Goal 67). 5. The state has designated S.R. 82 as an emerging component of Florida s Strategic Intermodal System, a designation that establishes the levels of service Lee County must adopt for S.R. 82. Lee County will seek to include the Mixed-Use Communities and appropriate adjacent urban areas in a multimodal transportation district to mitigate regulatory barriers these levels of service would impose on Lee County s ability to accomplish Objective 33.3 and its policies. As an alternative, Lee County may pursue a comparable mechanism, such as a transportation concurrency exception area, transportation concurrency management area, transportation concurrency backlog area/plan, long-term concurrency management system, or FDOT level-ofservice variance, that would achieve similar results. Lee County s planning will include the following steps: a. Actively seek advice, technical assistance, and support from Florida DOT and DCA while formulating the scope of a technical evaluation of a potential multimodal transportation district that includes the four Mixed-Use Communities adjoining S.R. 82 and appropriate adjacent urban areas. b. Conduct the necessary technical studies to determine the potential for substantial trip diversion from Lehigh Acres residents, the viability of transit service to these Attachment 1 for April 18, 2012 CPA Page 8 of 12

34 Mixed-Use Communities and appropriate adjacent urban areas, and the practicality of maintaining the adopted level-of-service standards on S.R. 82. c. Adopt a Lee Plan amendment establishing a multimodal transportation district (or comparable mechanism). 6. Lee County will complete these three steps by Until step 5.c is adopted, TDR credits may not be redeemed in the Mixed-Use Communities located along S.R. 82. No redemption of TDR credits that will increase dwelling units or non-residential floor area will be permitted, if these increases would cause the adopted level of service for S.R. 82 to be exceeded (see Goal 37). This restriction applies unless a Mixed-Use Community addresses its transportation impacts through the DRI process consistent with F.S (12). a. This temporary restriction does not prohibit landowners from concentrating development rights from contiguous DR/GR property under common ownership or control. b. Lee County encourages the creation of TDR credits from Southeast DR/GR lands and the transfer of those credits to all other designated receiving areas, including: (1) Other Mixed-Use Communities; (2) Rural Golf Course Communities; (3) Improved Residential Communities; (34) Future Urban Area (see Objective 1.1); (45) Mixed-Use Overlay; (56) Lehigh Acres Specialized Mixed-Use Nodes; (67) Lee Plan designation that allow bonus density (see Table 1(a)); and, (78) Incorporated municipalities that have formally agreed to accept TDR credits. POLICY : The new TDR program will have the following characteristics: 1. This program will be in addition to the existing wetland TDR program described in Article IV of Chapter 2 of the Land Development Code. 2. The preferred receiving locations for the transfer of TDRs are within designated Future Urban Areas due to their proximity to public infrastructure and urban amenities (see Objective 1.1), specifically the Mixed Use Overlay, the Lehigh Acres Specialized Mixed Use Nodes, and the future urban land use categories that allow bonus density (see Table 1(a)). The only sites in the DR/GR area permitted to receive Attachment 1 for April 18, 2012 CPA Page 9 of 12

35 transferred development rights are Mixed-Use Communities or Rural Golf Course Communities as shown on Map TDR credits will be available from sending areas as follows: a. One TDR credit may be created for each allowable dwelling unit attributable to sending parcels within the Southeast DR/GR area. As an incentive for permanently protecting indigenous native uplands, one extra dwelling unit will be allowed for each five acres of preserved or restored indigenous native uplands. b. As an additional incentive for protecting certain priority restoration lands (see Policy ), each TDR credit created pursuant to the preceding subsection will qualify for up to two additional TDR credits if the credits are created from land in Tiers 1, 2, 3 or the southern two miles of Tiers 5, 6 or 7, as shown on the DR/GR Priority Restoration overlay. 4. The maximum number of TDR credits that can be created from the Southeast DR/GR lands is 9, No more than 2,000 dwelling units can be placed on receiving parcels within the Southeast DR/GR Mixed-Use Communities through the TDR credit program. 6. TDR Credits may be redeemed in designated TDR receiving areas as follows: a. In Mixed-Use Communities in DR/GR areas, each TDR credit may be redeemed for a maximum of one dwelling unit plus a maximum of 800 square feet of nonresidential floor area. b. In Rural Golf Course Communities, see Policy c. In the Future Urban Areas described in paragraph 2. above, each TDR credit may be redeemed for a maximum of two dwelling units. In these Future Urban Areas, the redemption of TDR credits cannot allow densities to exceed the maximum bonus density specified in Table 1(a). TDR credits may not be redeemed for nonresidential floor area in these Future Urban Areas. d. Redemption of TDR credits within incorporated municipalities may be allowed where interlocal agreements set forth the specific terms of any allowable transfers and where the redemption allows development that is consistent with the Attachment 1 for April 18, 2012 CPA Page 10 of 12

36 municipality s comprehensive plan. As in the County s Future Urban Areas, each TDR credit may be redeemed for a maximum of two dwelling units. 7. When severing development rights from a tract of land in anticipation of transfer to another tract, a landowner must execute a perpetual conservation easement on the tract that acknowledges the severance of development rights and explicitly states one of the following options: a. Continued agricultural uses will be permitted; b. Conservation uses only; c. Conservation use and restoration of the property; or d. some combination of the above options. POLICY : The Land Development Code will be amended within one year to specify procedures for concentrating existing development rights on large tracts, for transferring development rights between landowners, for seeking approval of additional acreage subdivisions, and for incorporating commercial and civic uses into Mixed-Use Communities as designated on Map 17. POLICY : By 2012 Lee County will evaluate the establishment and funding of a DR/GR TDR bank that will offer to purchase development rights for resale in the TDR system. The purpose of this program is to give potential sellers the opportunity to sell rights even if no developer is ready to use them and to give potential development applicants the opportunity to obtain the necessary rights without seeking them on the open market. Attachment 1 for April 18, 2012 CPA Page 11 of 12

37 MAPS AMENDMENTS: Identify the subject property on Lee Plan Map 17 as an Improved Residential Community. Include the subject property within the boundaries of the future water service area identified on Map 6 of the Lee Plan. Include the subject property within the boundaries of the future sewer service area identified on Map 7 of the Lee Plan. Attachment 1 for April 18, 2012 CPA Page 12 of 12

38 C O L L I E R C O U N T Y GUNNE OMESTEAD RD S 75 SR SR 82 ALICO RD LVD THREE OAKS PKWY 75 CORKSCREW RD! CORKSCREW RD MS RD C O L L I E R C O U N T Y OLD 41 RD 75 BONITA GRANDE BLVD CPA E TERRY ST Legend Southeast Lee County City Limits Southeast DR/GR Residential Overlay Existing Acreage Subd. Mixed-Use Community Rural Golf Course Community Improved Residential Community Map Generated April 2012 IMPERIAL ST µ Miles BONITA BEACH RD SE CPA CORKSCEW WOODS PROPOSED LEE PLAN MAP 17 SOUTHEAST DR/GR RESIDENTIAL OVERLAY