The Issue The issue in the case is whether the Hillsborough County comprehensive plan is not in compliance for the reasons set forth in the petitions of Sierra Club, Inc.
Findings Of Fact Background Hillsborough County adopted its comprehensive plan on July 12, 1989. The County adopted Plan Amendments 90-I, 90-II, and 91-I on August 6, 1990, December 18, 1990, and August 28, 1991, respectively. The plan as so amended is referred to as the Plan. 3/ The Plan is the subject of these cases. The Plan is accompanied by data and analysis. The data and analysis of greatest significance are contained in the two- volume compilation of the Plan and other portions of Sierra Club Exhibit 1, which is the Plan and supporting data and analysis. Sierra Club Exhibit 1, which was prepared by Hillsborough County, includes background documents organized by elements, as well as oversized maps. Unless indicated to the contrary, the oversized maps are approximately 24" by 21" and are drawn on a scale of 1"= 2 miles. Many of the oversized maps bear numbers. Reference to such oversized maps shall be as follows: "Oversized Map [number]." Data and analysis from Sierra Club Exhibit 1 shall be referred to as "Data and Analysis." The Plan consists largely of goals, objectives, and policies. In addition to such operative provisions, Hillsborough County also adopted, as part of the operative provisions of the Plan, other sections contained in the two- volume compilation of the Plan. For example, each element of the Plan relevant to the present cases includes operative provisions under sections entitled, "Implementation" and "Definitions." Other important operative provisions are sections entitled "Land Use Plan Categories" and "Legal Status of the Plan" in the Future Land Use Element and "Costs and Revisions by Type of Public Facility," "Programs to Ensure Implementation," and "Requirements for Capital Improvements Implementation" in the Capital Improvements Element. The Department of Community Affairs (DCA) filed a petition on September 20, 1989, alleging that the original plan was not in compliance with the growth management law. This petition initiated DOAH Case No. 89-5157GM. Various parties challenging the plan intervened in DOAH Case No. 89- 5157GM. The Sierra Club, Inc. (Sierra Club) filed its petition to intervene on December 8, 1989. The petition incorporates the allegations of DCA and alleges additional grounds for a determination of noncompliance. As a result of the execution of a settlement agreement, DOAH Case No. 89-5157GM was abated. After Hillsborough County adopted settlement amendments on August 6, 1990, DCA determined that the plan amendments were in compliance. On or about September 21, 1990, DCA issued a Notice of Intent, which was published on or about September 23. On October 12, 1990, Sierra Club filed a petition challenging the plan amendments adopted in connection with the settlement agreement. This petition initiated DOAH Case No. 90- 6639GM. The allegations are the same as those raised by Sierra Club in DOAH Case No. 89-5157GM in its Second Amended Petition- in-Intervention, which was filed October 17, 1990. By Order entered October 30, 1990, DOAH Case Nos. 89- 5157GM and 90- 6639GM were consolidated for hearing. On April 15, 1991, Big Bend Area Group, Inc. (Big Bend) filed a petition to intervene to challenge the plan. A Second Amended Motion for Leave to Intervene was granted. Despite the allegations of noncompliance, Big Bend's proposed recommended order requests that the Plan be determined to be in compliance. Sierra Club and Big Bend each has members who reside in Hillsborough County. Each party submitted the required oral or written objections during the relevant review and adoption period. The County conducted the required hearings, gave adequate notice of the hearings, and otherwise substantially complied with the requirements of public participation. Data and Analysis General Hillsborough County is located on the Gulf Coast. The western boundary of the County abuts Tampa Bay and Pinellas County. Pasco County and a small part of Polk County are to the north, Polk County is to the east, and Manatee County is to the south. The only incorporated municipalities in Hillsborough County are Tampa, Temple Terrace, and Plant City. Tampa is at the north end of Tampa Bay and extends through the westcentral part of the County almost to the Pasco County line. Temple Terrace abuts the northeast boundary of Tampa. About 14 miles east of Tampa is Plant City, which is in the northeast part of Hillsborough County. The two cities are linked by Interstate (I-) 4, which runs from Daytona Beach to Tampa. In Tampa, I-4 intersects with I-275, which crosses upper Tampa Bay, runs south through Pinellas County, and spans the mouth of Tampa Bay before entering Manatee County. I-75 also runs through Hillsborough County. From the Pasco County line, where I-275 divides and proceeds southwest into downtown Tampa, I-75 runs generally due south. The path of I-75 lies just east of downtown, where the road turns southwest at a point north of the Little Manatee River. From there, I-75 parallels the shoreline of Tampa Bay until entering Manatee County. Other important roads in Hillsborough County include SR 60, which runs east-west through the center of the County and connects Tampa and Clearwater. US 301 runs along the Hillsborough River in the northeast part of the County, and then turns due south midway between Temple Terrace on the west and Lake Thonotosassa on the east. At this point, US 301 crosses I- 75 and runs due south, recrossing I-75 about three miles north of the Alafia River and just south of SR 60. US 41 runs due south from the Pasco County line into the center of Tampa and then turns east, before continuing south, parallel to the shoreline, varying from one-half to three miles inland from Tampa Bay. Natural Resources General The Data and Analysis accompanying the Conservation and Aquifer Recharge Element (CARE) describe the County's natural resources, past land use practices, and planning challenges: Hillsborough County, by virtue of its subtropical climate and variable hydrology and geology, supports a rich and diverse complement of natural resources. The County borders the largest estuary in the State, Tampa Bay . . .. The County is underlain by the Floridan aquifer, the largest and highest quality potable water aquifer in the State, as well as by some of the richest phosphate deposits in the world. The karst topography of the County has created a mosaic of solution sinks and depressions which contain a wide variety of wetland flora and fauna, while the higher well-drained elevations support rare xeric hammocks and scrub habitat. Over the past century, however, development has slowly destroyed and degraded the rich natural resources of the County. The unregulated filling of wetlands, discharge of pollutants, mining of phosphate deposits, clearing of forests, dredging of bay bottoms, channelizing of streams and rivers, and overpumping of groundwater supplies has irretrievably destroyed or altered much of the original natural resource base. Environmental legislation passed at the federal, state, regional and local levels over the past two decades has done much to stem the tide of this destruction; however, advance planning and further safeguards will be needed to ensure the preservation and conservation of the County's remaining natural resources for future generations. Hillsborough County is experiencing a high rate of population growth. Between 1970 and 1980, Hillsborough County's population grew from an estimated 490,265 to 646,939, an increase of 32 percent This population size ranked fourth among counties in the state. . . . Future population projections for Hillsborough County . . . generally show that the population of Hillsborough County may continue to increase, if the high estimate occurs, or may level off if the lower estimate proves more accurate. . . . Hillsborough County's population is concentrated primarily within the cities of Tampa and Temple Terrace. However, during the five year period of 1980 through 1985, the majority of the population growth for the County has taken place away from these areas. Population has decreased in portions of the City of Tampa and increased in the previously less populated portions of the County. The Future Land Use Element of the [Plan] identifies the major center of future growth as the I-75 corridor. If the upper population projections are realized over the next 15 years, directed growth into this area will threaten the integrity of many of the County's most valuable natural resources, including the three major river corridors, areas of high aquifer recharge/contamination potential, and sensitive estuarine wetlands. The [CARE] is needed to identify these potential problems and to set forth a plan and policy direction for ensuring environmental protection and orderly economic growth under all projected population scenarios. CARE, pages 2-3. Acknowledging the environmental degradation that has resulted from land use planning that has traditionally ignored natural features of the land and water systems, the Data and Analysis state: In past decades, land use decisions were based primarily upon socio-economic and demographic factors, with little considera- tion given to preserving or conserving the natural attributes of the land. As a result, urban land uses were often allowed to replace or permanently alter environmentally sensitive lands and natural systems. With a better understanding of the ecological impacts of land uses, it has become clear that the natural carrying capacity of the land must be carefully considered in land use decisions if the natural attributes and functions of the environment are to be maintained for future generations. Policies and regulations that appropriately preserve or conserve valuable natural resources while allowing for orderly economic growth are needed. CARE, page 73. 2. Tampa Bay Estuarine System The Tampa Bay estuary is a semi-enclosed coastal body of water having a free connection with the Gulf of Mexico and within which sea water is measurably diluted with freshwater derived from land drainage. ... [T]he Tampa Bay estuary is a zone of transition between fresh and salt water with unique and valuable ecological characteristics. Coastal Management and Port (Coastal) Element, page 13. The estuarine system includes tidal freshwater habitats as well as mangroves, salt marshes, and seagrass meadows along the shallow bottom and estuarine fringe. The functions of the estuarine system are described as follows: Because of their unique physical and chemical properties, estuaries are among the most biologically diverse and productive ecosystems in the world. Tidal wetland vegetation at the headwaters of estuaries trap silt and absorb excess nutrients resulting from land drainage, thus buffering the coastal ecosystem somewhat from upland sources of pollution. Tidal wetland vegetation also protects upland areas by stabilizing coastal sediments and preventing erosion from storm events. The real importance of estuarine plant communities such as mangrove forests, salt marshes, and seagrass beds lies in the vital functions they perform in the aquatic ecosystem. First and foremost is their role in converting sunlight and nutrients into food usable by marine animals, thus forming the base of the aquatic food chain. . . . Although relatively little of this plant material is eaten directly by higher animals, it is broken down into detritus by micro- organisms and consumed by small crustaceans and other animals which are, in turn, eaten by larger fishes and so on up the food web . . . . In addition to serving as a food source, estuarine wetland vegetation provides shelter and nursery areas for the young of many economically important species such as shrimp, seatrout, mullet, and red drum (redfish). . . . [I]t is estimated that nearly 98% of the most economically important fisheries species taken along the Gulf of Mexico coast are directly dependent upon estuarine habitat during some portion of their life cycle. . . . Coastal Element, pages 13-14. Florida's largest open water estuary, Tampa Bay covers about 400 square miles. Coastal Element Figure 6 depicts the Tampa Bay estuary, including its subdivisions. Old Tampa Bay separates Tampa and Pinellas County and forms the shoreline of northwest Hillsborough County. Hillsborough Bay extends from Tampa to Apollo Beach and forms the shoreline of central Hillsborough County, as well as the northern part of south Hillsborough County. The Hillsborough and Alafia Rivers empty into Hillsborough Bay, which joins McKay Bay at Tampa. Middle Tampa Bay, which forms the shoreline of most of south Hillsborough, runs from the southern ends of Old Tampa Bay and Hillsborough Bay down to the southern ends of Pinellas and Hillsborough Counties. The Little Manatee River empties into Middle Tampa Bay. A variety of nonfish wildlife is dependent upon the waters of Tampa Bay. In addition to the 100-200 bottlenose dolphin in Tampa Bay, as many as 55 West Indian manatees reside in the bay in the winter, congregating around industrial thermal discharges. The largest group--42--was found at the mouth of the Alafia River, which is the only designated State Manatee Sanctuary in Tampa Bay. About one-third of the laughing gull population in the southeastern United States breeds in the Tampa Bay region, as does nearly one-third of the brown pelicans in Florida. McKay Bay is an important feeding area for a variety of birds. General water quality in Tampa Bay is "good to excellent," but is "declining" in Old Tampa Bay and "undesirable" in Hillsborough Bay, including McKay Bay. Coastal Element, page 15. Both Hillsborough Bay and Old Tampa Bay receive little tidal flushing due to natural conditions, so they are not "particularly well suited for the discharge of municipal and industrial wastes, and . . . the continued flow of freshwater to Tampa Bay, especially Hillsborough Bay, is essential to maintain good circulation and flushing." Coastal Element, page 19. The water quality in Middle Tampa Bay ranges from "fair to good," but is periodically influenced by water from Hillsborough Bay. Water quality in and near the Cockroach Bay Aquatic Preserve is "excellent or good," except for occasional "fair to poor" conditions due to seasonal discharges from the Little Manatee River or periodically "poor" conditions due to malfunctioning septic tanks near Cockroach Bay. Coastal Element, page 15. "One of the most pristine biologically productive areas remaining in Tampa Bay," Cockroach Bay is part of the Cockroach Bay Aquatic Preserve, which is shown in Coastal Element Figure 17. Coastal Element, page 48. The only aquatic preserve in Hillsborough County, Cockroach Bay Aquatic Preserve runs from submerged lands along the Little Manatee River upstream to US 301. From the mouth of the Little Manatee River, the preserve runs along the Tampa Bay shoreline past Cockroach Bay, which is about three miles south of the mouth of the Little Manatee River, to the Manatee County line. Noting that the Governor and Cabinet approved the Cockroach Bay Aquatic Preserve Management Plan in 1987, the Data and Analysis acknowledge that "[s]uccessful implementation of this plan depends upon the cooperation of Hillsborough County." Coastal Element, page 48. The decline of water quality in Tampa Bay has had a predictably devastating effect upon commercially valuable fish in the area. "[O]nce the State's most productive and diverse estuarine system" with a diversity and abundance of marine life [in the 1960's] not exceeded by any other estuary between the Chesapeake Bay and the Laguna Madre of Texas, . . . [t]he productivity of Tampa Bay in terms of commercially valuable fisheries has . . . declined dramatically in recent decades due to man's influence on the Bay. Coastal Element, page 21. According to Coastal Element Figure 15, shellfish landings in Tampa Bay have declined from 20 million pounds in the mid 1950's to early 1960's to two million pounds in 1978. Finfish landings have declined from a high of 4.5 million pounds in 1964 to 1.75 million pounds in 1978. Five economically important shellfish species occur in Tampa Bay: bait shrimp, stone crab, blue crab, oysters, and quahog clams. By the mid 1950's, degraded water quality had eliminated from the estuary the bay scallop, which had formerly flourished in these estuarine waters. By 1970, degraded water quality "essentially eliminated" commercial harvesting of oysters, which had accounted for 500,000 pounds annually at the turn of last century. Coastal Element, page 22. Poor water quality has left bait shrimp and stone crabs as the only remaining commercially viable shellfish left in Tampa Bay. Areas approved for shellfishing are restricted to lower Tampa Bay where better flushing takes place. The Cockroach Bay Aquatic Preserve is conditionally approved, but "has been closed periodically due to coliform contamination from nearby septic systems and is being considered for permanent closure by the Florida Department of Natural Resources." Coastal Element, page 22. The majority of the recreational fish landings in Tampa Bay consist of spotted seatrout, red drum, and snook. These fish are also declining in numbers. Many species of birds in Tampa Bay have suffered population declines due in part to red tides, parasite outbreaks, dredge and fill operations, pesticide use, and oil spills. However, the reddish egret and roseate spoonbill have recently returned to Tampa Bay. Accompanying the decline in animal species has been a decline in estuarine plant species, such as seagrass meadows. The "catastrophic loss of seagrasses in Tampa Bay," which is attributable primarily to water quality degradation, is taking place at accelerating rates. About 81% of the seagrass meadows, which once covered 76,500 acres of Tampa Bay bottom, have been lost. Coastal Element, page 20. Tampa Bay is undergoing eutrophication. The process of eutrophication, or increasing concentrations of nutrients, has already led to algal blooms, noxious odors, decreases in water clarity, declines in dissolved oxygen, and periodic fish kills. Excessive nutrient levels have resulted in phytoplankton blooms in the water column and excessive epiphytic growth of macroalgae on the leaves of seagrasses, leaving insufficient sunlight for the growth and reproduction of seagrasses that help trap nutrients. The destruction of seagrasses is further hastened by widespread increases in water column turbidity caused by harbor- and channel-deepening projects, which, with boat prop dredging, also destroy seagrass. The loss of critical nutrient-trapping vegetation has simultaneously taken place in wetlands and upland adjacent to Tampa Bay, such as in the destruction of as much as 44% of the original emergent wetlands, which comprise salt marshes and mangrove forests. In the process of development, these wetlands have been dredged and filled, thereby removing the intertidal substrata necessary for these vegetative communities. Likewise, the loss of freshwater wetlands along rivers and streams has deprived the estuarine system of useful organic matter and filtration. Dredging and filling activities have dramatically changed the features of the Tampa Bay estuarine system. The extent of the system itself has been reduced by 3.6%, or 13.15 square miles, primarily by filling shallow tidal wetlands for the development of causeways, residences, power plants, and port facilities. Port development is responsible for about 60% of the reduction of the estuary due to the construction of channels, filled sites, and disposal sites for dredged materials. Dredge and fill projects routinely permitted in the 1950's and 1960's are no longer permitted. But expansion and maintenance of the Port of Tampa will generate annually about one million cubic yards of dredged material from the channel and port. Present disposal sites may be exhausted in 25 years, and the Data and Analysis recommend that the dredged material be considered for wetlands mitigation and restoration. The primary factors contributing to the eutrophic degradation of the water quality of Tampa Bay are, in addition to dredging and filling, the discharge of inadequately treated domestic and industrial wastewater and inadequately treated urban and agricultural runoff. In 1980, point sources contributed 2.35 and 3.58 million pounds of phosphorous and nitrogen, respectively, to Tampa Bay. The Alafia River carried 75% of the water contributed by permitted point discharges because the Alafia absorbs discharges from extensive phosphate mining operations in Polk County. Not surprisingly, the highest concentrations of organic carbon and nitrogen and total phosphate are in the sediments at the mouth of the Alafia River. But domestic wastewater treatment plants discharging directly into Tampa Bay accounted for 78% and 84% of the annual phosphorous and nitrogen loadings, respectively. The degraded water quality in Old Tampa Bay and especially Hillsborough Bay is due largely to sewage and industrial wastes. Old Tampa Bay continues to suffer from the discharge of inadequately treated domestic waste. However, the water quality in Hillsborough Bay improved substantially after over $100 million was spent to upgrade Tampa's Hookers Point sewage treatment facility in 1979 from primary to advanced or tertiary treatment. Only one of the six County regional wastewater treatment facilities fails to meet advanced water treatment standards, but "numerous subregional and interim plants" fail to meet these standards. Coastal Element, page 24. According to the Data and Analysis, passage of the Grizzle-Figg bill in 1986 "currently requires that all sewage treatment plants discharging into Tampa Bay attain advanced wastewater treatment standards." Coastal Element, page 24. Upon compliance with the Grizzle-Figg law, nutrient loadings into Tampa Bay will decrease and "a net reduction . . . is possible as interim package plants are ultimately phased out or upgraded." Id. Regarding wastewater discharges generally, including industrial wastewater, a major reduction in nutrient loadings since 1980 has been realized from the use of alternative effluent disposal methods (such as spray irrigation and deep-well injection), municipal and industrial water reuse, upgrading of treatment capabilities, and phosphate land reclamation projects. Nutrient loadings from stormwater runoff will "most likely be a more intractable problem" than inadequately treated domestic wastewater. Coastal Element, page 24. Runoff from streets, parking lots, and lawns may contribute up to 25% of the biochemical oxygen demand, 35% of the suspended solids, and 15% of the nitrogen loading. Referring to state rules regulating stormwater, 4/ the Data and Analysis anticipate that the state- imposed standards on stormwater runoff will become more stringent, so there should not be significant increases in stormwater nutrient loadings into the bay. However: little can be done to reduce current loading rates, as retrofitting of stormwater treatment facilities is most likely economically prohibitive. Retrofitting will probably only occur on a piecemeal basis as redevelopment occurs in previously urbanized areas. Coastal Element, page 24. Unsound land use practices introducing high levels of nutrients into Tampa Bay exacerbate background conditions that predate either all or recent development activity. The Data and Analysis caution that "there may always be a significant reservoir of nitrogen and phosphorous in Bay sediments to contribute to water quality problems in upper Tampa Bay." Coastal Element, page 16. The Data and Analysis explain: even with advanced wastewater treatment and improved stormwater management, localized pockets of polluted sediments in the Bay may still release excessive nutrients into the water column and cause water quality problems. The ultimate solution to this problem may involve the removal of excessively enriched sediments by dredging or the capping of polluted sediments with clean fill material. Coastal Element, page 24. Other unsound land use practices, such as the diversion of river flows and structural drainage improvements, greatly impact Tampa Bay in another respect not directly related to the eutrophication process. The Tampa Bay estuary and its dependent fish and shellfish rely upon the freshwater flow into the bay. Areas of the estuary with the lowest salinity, as well as low- salinity tidal marshes, are often the most productive nursery habitat for many marine and estuary species. The timing of the freshwater infusions are naturally correlated to the spawning periods of the fish. The salinity regimes of Tampa Bay may be disturbed by upstream demands for freshwater and the alternating excessive and insufficient flows of freshwater due to structural drainage improvements that hasten the natural drainage of uplands immediately following major storm events, leaving less water to drain slowly to the bay during relatively drier periods. Reviewing "numerous studies" that, for the past 30 years, "have documented the deterioration of water quality and habitat values of the estuary," the Data and Analysis attribute the environmental degradation of Tampa Bay to: direct habitat destruction from dredging and filling, and the hardening of shorelines for coastal development; degradation of water quality and eutrophication resulting from the discharge of municipal and industrial effluents, and stormwater runoff; and the reduction of natural freshwater inputs due to the impoundment and withdrawals from rivers and streams. Coastal Element, page 48. Concluding that "piecemeal urbanization" around Tampa Bay has resulted in its "broadscale environmental degradation," the Data and Analysis warn: "Without proper management and the proper balance between public and private uses, Tampa Bay could become a major liability rather than the area's main asset." Coastal Element, page 48. The Data and Analysis advise that the protection and restoration of the Tampa Bay estuary requires a "comprehensive, coordinated and holistic management approach." Id. 3. Rivers Covering 1072 square miles, Hillsborough County comprises five physiographic provinces, which reflect topography and soils. The physiographic provinces are Coastal Swamps, Gulf Coast Lowlands, Zephyrhills Gap, Polk Upland, and a small portion of the DeSoto Plain. Elevations range from sea level in the Coastal Swamps and Gulf Coast Lowlands, which separate the Polk Upland from the Tampa Bay estuary, to 160 feet above sea level in the Polk Upland at the Polk County line. CARE Figure 4 displays the topographic contours of Hillsborough County. The County's major rivers and drainage features are, from north to south, the Hillsborough, Alafia, and Little Manatee Rivers. Each of these rivers empties into Tampa Bay. The three major river basins together with six smaller basins transport, on average, more than 1.2 billion gallons per day of freshwater into Tampa Bay. This is almost 80% of the freshwater flow into the bay. CARE Figure 11 shows the major rivers and drainage basins in Hillsborough County. A fourth river, the Palm River, once drained lands between the Hillsborough and Alafia Rivers. Emptying into McKay Bay, the Palm River was "completely channelized and controlled" by 1970 and is now known as the Tampa Bypass Canal. Coastal Element, page 18. The Hillsborough River begins in the Green Swamp and flows southwest through Tampa and into the bay. Traveling nearly 54 miles, the river is supplied by many artesian springs, which supply the river with water from the Floridan aquifer. The natural drainage basin of the river is 690 square miles, including 120 square miles in Hillsborough County. The upper Hillsborough River is a Class I water, which means that it is suitable as a source of potable water. The lower Hillsborough River is a Class III waterbody, which means that it is suitable for propagation of fish and wildlife. The part of the river passing through the Hillsborough River State Park in the northeast area of the County is also designated as an Outstanding Florida Water. Two dams span the Hillsborough River. The upper dam is just north and east of I-75 near Fletcher Avenue. This dam, which is under the jurisdiction of the Southwest Florida Water Management District, is used for flood-control purposes. The lower dam is at 30th Street in Tampa and is operated by the City of Tampa to form a reservoir from which potable water is taken. Flow of the river ranges from 9.5 billion gallons per day during the wet season to under 30 million gallons per day at the end of the spring dry season. The average flow into Tampa's reservoir is 368 million gallons per day. Of the 55.5 linear miles of shoreline (both banks) along the Hillsborough River in the unincorporated County, 17.6 miles are private and 37.9 miles are public. The predominant land uses are rural, agricultural, and conservation. The riverbanks are in their native state with no seawalls and few boat docks or ramps, except for canoe access. The Alafia and Little Manatee Rivers originate in the Polk Upland and receive water from widely branching tributaries. The Alafia River begins in Polk County and runs west to Gibsonton and into the bay at a point about five miles south of Tampa. The Alafia drains a 420 square mile drainage basin. The average flow at the mouth of the river is million gallons per day. In general, the water quality of the Alafia River is "poor." CARE, page 13. A Class III waterbody, the river's entire corridor is rural or suburban, and much of its original floodplain wetlands are still intact. Phosphate mining has damaged the quality of the river's headwaters. The Little Manatee River begins in southeast Hillsborough County and flows west by Ruskin and into the bay at a point about ten miles south of Gibsonton. The Little Manatee River drains about 225 square miles. The average flow of the Little Manatee River is over 150 million gallons per day. Florida Power and Light pumps water from the river to supply an off-stream reservoir for cooling a thermonuclear power plant. The water quality of the Little Manatee River is "generally good." CARE, page 14. The river, which is a Class III waterbody, is designated an Outstanding Florida Water for its western two-thirds, with the portion of the river west of US 301 designated as an aquatic preserve. The river is more pristine than the other County rivers due to its "relatively unimpacted floodplains, swamps and tributaries." Id. However, the river is threatened by phosphate mining in its upper reaches. Rich deposits of phosphate matrix lie near the surface along the river's bed, and the easy extraction makes these areas extremely attractive for future mining. Id. In contrast to the well-developed stream systems of northeast, central, and southern Hillsborough County, northwest Hillsborough County has relatively few such streams. Rain in this area rapidly infiltrates the surficial soils through shallow creeks and solution features. The Data and Analysis concede that "surface water quality in Hillsborough County has been degraded due to a variety of unregulated water uses and adjacent land uses." CARE, page 54. The most prominent sources of water pollution have been discharges of wastewater, mining operations, and urban and agricultural runoff. The Data and Analysis recommend "[b]etter compliance with existing point and non-point source and stormwater regulations" and the consideration of "more stringent regulations for septic tank discharges." Id. 4. Floodplains and Drainage Over 30% of Hillsborough County is within the 100 year floodplain. The floodplains, which have been mapped throughout the County by the Federal Emergency Management Agency, are depicted on Oversized Map 9. Major portions of the 100 year floodplain cover the coastal high hazard area 5/ and the Hillsborough River valley in northeast Hillsborough County. Floodplains cover perhaps a quarter of northwest Hillsborough County, including an extensive area north of Tampa where I-275 and I-75 join at the Pasco County line. Considerable floodplains encompass the corridors of the Alafia River and its major tributary and the Little Manatee River, all of which extend into phosphate mining areas of east- central and southeast Hillsborough County. The County has adopted a flood-control ordinance. But this ordinance "does not provide the County with a comprehensive flood plain management program . . . for maintaining wildlife habitat protection, aquifer recharge protection and water quality benefits." CARE, page 20. The Data and Analysis discuss the floodplains and their functions: Lands that are naturally subject to flooding serve valuable functions in the regional hydrologic and ecological system. Flood- prone lands provide temporary natural storage of runoff from upland areas and overflow from water bodies. By temporarily detaining surface water, flood-prone lands help to regulate the timing, velocity and levels of flood discharges and enable the recharge of groundwater resources. In addition, flood- prone lands help to maintain water quality and provide habitat that is vital to the sustenance of fish and wildlife populations. Those lands that are most frequently flooded, i.e., wetlands, are the most important in terms of providing these functions, but less frequently flooded areas are also important for handling more severe floods and providing other natural benefits. The maintenance of natural storage is extremely important for regional water management. . . . During times of abundant rainfall, . . . rivers and lakes overflow their normal banks and occupy the floodplain. The floodplain provides storage for this additional water. Even a greater volume of water is stored in areas outside of the floodplain of established lakes and rivers. Cypress heads, swamps, marshes and isolated topographic depressions provide a large portion of the natural storage in this area. . . . By temporarily storing and retarding the flow of flood waters, flood-prone lands also help to regulate the velocity and timing of flood discharges. Runoff in southwest Florida is usually intercepted by wetlands or topographic depressions. When these areas are full, the overflow moves slowly through shallow swales and linear depressions toward streams and water bodies. Obstructions to flow such as logs, rocks, trees, undergrowth and meanders in the watercourse reduce the rate of flow and thereby help to minimize the level and velocity of downstream flooding. Flood-prone areas are also important sites for groundwater recharge. The water table aquifer is directly dependent on the levels of water in such low-lying areas as cypress heads, sinkholes, swales and floodplains. When these areas are flooded, they may help recharge the water table aquifer. Then, during dry periods, the water table aquifer may provide part or all of the base flow to rivers and streams. Water stored in the water table also serves to recharge the Floridan aquifer by percolating downward through breaches in impermeable layers. ... Another important benefit of natural flood- prone lands is in the maintenance of water quality. Water tends to travel slowly across flooded lands, giving suspended sediments time to settle and thereby clarifying water before it enters or returns to a watercourse or water body. . . . The stems, leaves and branches of plants in flooded areas, together with flooded soils, provide an enormous surface area for biological and chemical processes. Micro- organisms on these surfaces initiate complex chemical reactions involving nitrogen, phosphorus, heavy metals and other pollutants. The roots of indigenous plants also absorb and remove nutrients from the water. Flood-prone lands, particularly wetlands, thus act like a giant biological filter. . . . Flood-prone lands also play a regional ecological role that depends upon periodic inundation. Wetlands and bottomland hardwood forest are the most biologically diverse and productive areas in Florida, other than estuaries. They support a wide variety of plants, which provide vital habitat for . . . game and fur-bearing animals . . . and for such endangered and threatened species, such as the wood stork. Much of the food for game fish comes from wetlands and floodplains along the shores of rivers and lakes. Juvenile fish, in particular, tend to hide and feed in these areas. There would be drastic reductions in the number of species, the number of fish per acre and the pounds of fish per acre if these areas were eliminated. Periodic inundation, alternating with periods of relative dryness, is vital to the maintenance of these ecological systems. Flood-prone lands tend to have rich, organic soils with a high capacity to retain water. The micro-organisms and plant communities associated with these soils support a complex food chain. High water tables and regular flooding are necessary to maintain organic soils. Regular flooding is needed to bring additional rich sediments into flooded areas and make them accessible to foraging fish. In addition, flood water transports out of flooded lands a load of detritus, nutrients, minerals and sediments that is vital to maintaining the productivity of estuarine systems. CARE, pages 14-15. Describing the consequences of poor land use planning in floodplains, the Data and Analysis continue: Improperly designed and executed land development interferes with the natural functions described above. Water resources and related land resources can thereby be degraded and unnecessary expense, loss of property, personal injury and loss of life can result. Building in flood-prone areas is particularly unwise. When floods recur, which is inevitable, considerable damage to houses, roads, utilities and other structures results. . . . Roadbeds are often weakened, undermined or washed away by flood waters. Electrical, telephone, and cable television lines are seldom designed to be submerged. Flood waters can enter sewage lines, causing them to overflow and contaminate an area or overload the capacity of treatment facilities. . . . . . . The storage and detention capacity of a watershed can also be reduced by drainage improvements, such as clearing and straightening natural watercourses, constructing new channels, and creating impervious surfaces. . . . * * * Reducing the capacity of a watershed to detain and store flood waters has several harmful effects on water and related resources, in addition to those associated with increased flooding. Variations in the flow of rivers and streams become more accentuated. Flood discharges peak more quickly and at higher elevations, but less water flows during dry periods and they extend for longer periods of time. The effects of both drought and flood are thus enhanced. Consumptive water suppliers, riverine aquatic life and estuarine processes, all of which depend on natural flow, may be disrupted. Recharge of groundwater is reduced by draining surface water from recharge areas or by covering them with impervious surfaces. The total amount of runoff discharged is thus increased and the amount of water stored in aquifers and available for consumptive use or to maintain streams flows is correspondingly diminished. Development of natural storage and detention areas also tends to cause degradation of water quality. Wetlands, vegetated swales and floodplain forests act as giant biological filters. If these filters are destroyed or bypassed, pollutants are discharged directly into open water systems. CARE, pages 15-16. As typified by its flood-control ordinance, the County has traditionally pursued the structural approach to floodplain management and drainage generally. This approach consists of building systems of channels, dams, levees, and other structures to hold back flood waters or rapidly carry them elsewhere. However, the Data and Analysis identify serious shortcomings in the structural approach to floodplain management and drainage. In addition to problems involving cost and relocating flood damage, the structural approach substantially degrades other values and functions of flood-prone lands and natural watercourses. Water quality protection, groundwater recharge, maintenance of base flows, estuarine salinity regulation, detrital production and export, fish and wildlife habitat, and other natural resource functions are frequently impaired by the construction of structural works. CARE, page 17. The Data and Analysis set forth a number of guidelines for a comprehensive floodplain management program "to prevent flood damage and minimize interference with the beneficial functioning of flood-prone lands." CARE, page 17. The first guideline to floodplain management is to avoid building in areas likely to be damaged by flooding. The Data and Analysis recommend the use of the ten year floodplain for this purpose. The second guideline to floodplain management is to avoid interfering with the beneficial functions of floodprone lands, which are "storage, conveyance, groundwater recharge, maintenance of minimum flows and levels, water quality maintenance and habitat for fish and wildlife." CARE, page 18. In a discussion not limited to the ten year floodplain, the Data and Analysis advise: Buildings, fill, roads and other structures that displace or obstruct the flow of surface waters should not be located in flood-prone areas. In addition, these areas should generally not be drained and their natural vegetation should be maintained. Id. With respect to the environmental benefits inherent in the second guideline, the Data and Analysis discuss each of the functions separately. For storage functions, the Data and Analysis note that floodwaters are stored by floodplains contiguous to water bodies and wetlands considerably removed from water bodies, but connected to them by cypress strands, marshy sloughs, and the underground water table. Thus, "[i]n order to preserve storage, it is necessary to prevent building in these storage areas, diverting [building] instead to upland sites." CARE, page 18. For conveyance functions, the Data and Analysis observe that obstructions, such as buildings and roads, to the flow of floodwater cause flooding upstream of the obstruction. Thus, "[i]n order to preserve the conveyance capacity of flood-prone lands it is necessary to restrict building in these areas." CARE, page 18-19. For groundwater recharge functions, the Data and Analysis relate recharge to storage and conveyance. If water that would otherwise percolate downward into groundwater is blocked by impervious surfaces, removed by drainage works, or displaced by fill, the water contributes to increased flooding downstream. "Filling of flood-prone lands or drainage of them should therefore be restricted." CARE, page 19. For minimum flows and levels, the Data and Analysis recognize that the management of maximum flows--i.e., floodwaters--"is integrally related to minimum flows." By increasing floodwater flows, such as by reducing natural storage and conveyance through structural flood control, "there will be less water in storage in wetlands and groundwater to supply minimum flows." The reduction of minimum flows and levels adversely impacts "navigation, recreation, water supply, dilution of pollutants, estuarine systems and fish and wildlife." CARE, page 19. For water quality, the Data and Analysis acknowledge the "major role" of frequently flooded lands in water quality. Pollutants are removed from storage waters when they are stored in natural floodplains or wetlands. "Cleaning, filling or draining these areas will cause degradation of water quality and should be restricted." CARE, page 19. For fish and wildlife habitat, the Data and Analysis note the importance of floodprone lands as habitat. Maintenance of this function "frequently depends on maintenance of the natural hydrologic regime or is consistent with maintenance of the area's hydrologic values." CARE, page 19. The third guideline to floodplain management is to avoid alterations of the natural rate, quantity, and pattern of surface waters. Applicable to both "flood-prone lands and more upland sites," this guideline advises that the "rate, volume, timing and location of discharge of surface water should generally not be altered from predevelopment conditions." In this case, surface water includes floodwater. CARE, page 19. Acknowledging the increasing stress upon wetlands and floodplains from "increased growth pressure in the more marginally developable portions of the County," the Data and Analysis advise that: [w]here wetland or floodplain encroachment is unavoidable, a scientifically defensible and effective compensatory mechanism is needed to ensure than no net loss of wetland acreage occurs. Where feasible, previously altered wetlands should be restored or recreated to increase overall viable wetland acreage. CARE, page 56. The Data and Analysis set a level of service standard for stormwater, but only in terms of existing, structural stormwater management facilities, such as channels, canals, and ditches. The standard relates to the quantity but not quality of stormwater runoff. The stormwater level of service standard thus illustrates the traditional structural approach to drainage that ignores water quality, groundwater recharge, base flow, salinity requirements, detrital food supplies, and habitat values. Dealing strictly with how fast and how much floodwater can be conveyed, ultimately to Tampa Bay, the stormwater standard describes the rainfall event that a particular stormwater facility, such as a ditch, can accommodate without causing floodwaters to rise above a specified level. The selected rainfall event is expressed in terms of frequency and duration, such as the 10 year/24 hour duration storm event. The level of flooding is expressed by degree. Level A, which is the most restrictive, means "no significant street flooding." Level B is "no major residential yard flooding." Acknowledging that the level of service standard for stormwater facilities "consists primarily of attempting to minimize and alleviate flooding . . . in developed areas . . .," the Introduction to the Stormwater Management (Stormwater) Element promises: the overall [Stormwater Management] Program will be expanded to include not only the quantity aspects, but the quality aspects of stormwater runoff. Stormwater Element, page 18. The Data and Analysis likewise agree that the qualitative aspect of stormwater runoff must be addressed: Much attention has, in recent years, been focused on the quality aspects of stormwater management regulations relative to the establishment of regulations and corresponding design criteria for new development. The application of these regulations must continue in order to minimize the potential for "new" water quality degradation, and the design criteria must be refined to increase the effectiveness of treatment systems as technology advances. However, existing water quality problems may not be correctable without the effective maintenance of existing stormwater treatment systems, and perhaps more importantly, without the retrofitting of older public and private stormwater management systems with stormwater management technologies. . . . The use of wetlands should be promoted as a natural means of providing stormwater treatment, and the direct discharge of untreated stormwater runoff to the Florida Aquifer must be minimized. Stormwater Element, page 20. 5. Soils The soils in Hillsborough County are depicted in CARE Figure 9 and Oversized Map 10. In addition to mine pits and dumps, which are located south and east of Plant City, the maps show that the County soils are poorly drained to very poorly drained, moderately well drained to poorly drained, and well drained. The largest area of well-drained soils lies east of I-75 from US 301, which is south of the Hillsborough River, to just north of the Alafia River. The two other areas of well- drained soils are an area east of Tampa and south of Temple Terrace and the Little Manatee River valley upstream to US 301. The soils surrounding the Alafia River and its major tributaries are predominantly poorly and very poorly drained, as are the soils at the upper end of the Little Manatee River. The entire coastal fringe of the County abutting the east side of Tampa Bay is also poorly and very poorly drained for a distance of about one mile inland, as is the coastal fringe between Tampa and Pinellas County. Other poor to very poorly drained areas include several areas of northwest Hillsborough County, an area in north-central Hillsborough County where I-75 and I-275 join, the Hillsborough River corridor, and an L-shaped area straddling Big Bend Road between I-75 and US 301. Except in extreme cases, such as wetland soils, soil limitations can generally be alleviated for development purposes. Moderate limitations require more extensive alterations to the soils than do minor limitations. "Severe limitations may require the removal of the natural material and replacement with a more suitable soil type." CARE, page 7. However: [t]he use of septic systems for the treatment and disposal of sewage effluent may . . . be significantly limited by site specific soil conditions. The location of septic systems in improper soils may result in several undesirable effects. If the soils have wetness and poor permeability then the discharged effluent will not percolate properly and may runoff into, and contaminate, adjacent surface waters. The Cockroach Bay Aquatic Preserve has been closed to shellfishing numerous times in recent years due to improperly sited and maintained septic tanks in the Ruskin area. CARE, page 7. Conversely, "[i]n areas of excessively well-drained sand, septic effluent can migrate too rapidly for purification processes to occur, and carry contaminants into the groundwater supply." CARE, page 8. The surficial, intermediate, and Floridan aquifers are all subject to contamination by this means. 6. Geology Southeast Hillsborough County contains significant phosphate deposits. This area is the northwest extent of the Central Florida Phosphate District, which is located in Hillsborough, Manatee, Polk, and Hardee Counties. CARE Figure 10 and Oversized Map 8 show that phosphate mines are located in southeast Hillsborough County, at the headwaters of the Little Manatee River and a major tributary of the Alafia River. CARE Figure 10 and Oversized Map 8 show another phosphate mining area in eastcentral Hillsborough County adjacent to the headwaters of the Alafia River or another of its major tributaries. Providing "hundreds" of jobs in the Tampa Bay area in mining, shipping, marketing, and processing, the phosphate industry produces a "net capital inflow to Hillsborough County," although the text fails to identify what cost items associated with phosphate mining are netted. CARE, page 8. CARE Table 2 indicates that there are five major phosphate mining operations in the County involving 26,326 mineable acres and 5772 mined acres. Due to current market conditions, the only active mine accounts for 2510 mineable acres, 2890 mined acres, and 6933 total acres. The Data and Analysis warn: "phosphate mining severely complicates land use considerations in the central and southeast portions of the County. Large areas of known deposits are held by private companies for future mining." Id. In addition to the space demanded by clay settling ponds, which may consume a one square mile area for a single mine, a typically mining operation involves the "complete disruption" of up to 400 acres annually. The disruption involves the "on-site natural vegetation, drainage, and soil characteristics." Id. Mining may also result in the drawdown of groundwater supplies in the vicinity. Phosphate mining exposes the leach zone, which contains the greatest concentration of uranium. This process increases the risk that the radioactive material will enter the air or water. Heavy water demands in the mining process involve the removal of water from the surficial aquifer and return of used water, possibly with excessive radionuclides, to the Floridan aquifer. After the strip mining operations are completed: Reclamation and restoration of mined lands is extremely important for long-term land use planning in Hillsborough County. The vast acreages of mined trenches and slime ponds are virtually useless for long time periods unless effective reclamation measures are implemented. CARE, page 9. Recent reclamation techniques include surface contouring, use of original topsoil and vegetation types, and restoration of original drainage patterns. The Florida Department of Natural Resources and Hillsborough County both impose reclamation requirements. Noting the economic benefits bestowed on the Tampa Bay region from phosphate mining, the Data and Analysis nevertheless observe: the relatively unregulated mining industry of the past was also responsible for significant environmental damage, including the destruction of wetlands and floodplains, and the siltation and eutrophication of rivers and streams. In addition, large tracts of land have been committed to the maintenance of clay settling ponds and non-productive reclamation areas. Improved State and local regulation of the phosphate industry in recent years has reduced operational impacts on the environment. However, more effective and productive methods of reclamation, and greater enforcement of reclamation requirements, may be needed. CARE, page 63. CARE Figure 10 and Oversized Map 8 depict the location of numerous sand mines and shell mines, as well as one peat mine. Limestone deposits in the northeast part of Hillsborough County are near the surface and may be the subject of future limestone mining for use as road base, fill, concrete, and asphalt. Another mineral present in commercially significant quantities is sand. In areas underlain by limestone deposits, sinkholes may form, especially in northern and eastern Hillsborough County. The collapse of the limestone formation, which results in the sinkhole, is associated with reduced water tables. "Sinkhole areas are generally unsuitable for development." CARE, page 6. CARE Figure 8 depicts areas of observed and potential sinkhole development. 7. Groundwater The three aquifer systems present in most of Hillsborough County are the surficial, intermediate, and Floridan. The Floridan aquifer is the most productive freshwater aquifer system in Hillsborough County. The surficial aquifer runs through most of Hillsborough County. The water table in the County generally follows the topography, and groundwater flow is west and south. The average depth to the water table is five feet. Fluctuating seasonally less than five feet, the water table is lowest in April or May and highest in September. The surficial aquifer supplies the least amount of water in the County. An intermediate aquifer system forms from the Alafia River basin south in the County. The top of the intermediate aquifer is near sea level, and the intermediate aquifer system thickens to about 200 feet near the Manatee County line. The water quality in the intermediate aquifer is generally good and is primarily used for domestic water supply in extreme south Hillsborough County. The aquifer is most productive in the east and south part of the County, although the phosphate mines in southeast Hillsborough County use the intermediate aquifer as the injection zone for dewatering surficial deposits. The most suitable areas for groundwater development are the extreme northeast and southeast areas of the County. The Floridan aquifer is the major source of groundwater in the County. About 175 million gallons per day of the total 178.2 million gallons per day of groundwater withdrawals in Hillsborough County are taken from the Floridan aquifer. The top of the aquifer ranges from near land surface in the north part of the County to about 200 feet below sea level in the south part of the County. The aquifer thickness ranges from less than 1000 feet in the north part of the County to more than 1200 feet in the south part of the County. The water of the Floridan aquifer is more mineralized than the water of the surficial or intermediate aquifer. Concentrations of chloride exceed 250 mg/l near the coast, but are less than 25 mg/l in east and southeast Hillsborough County. Of the total groundwater withdrawn in the County, about 58%, or 103.3 million gallons per day, is devoted to agriculture. Other uses include 43.7 million gallons per day for public supply, 21.2 million gallons per day for industrial use, and 6.5 million gallons per day for rural use. 8. Aquifer Recharge Aquifer recharge is the "replenishment of water in an aquifer system." CARE, page 23. Hillsborough County contains no areas of high natural aquifer recharge. Areas of high natural aquifer recharge, where annual recharge rates range from 10-20 inches per year, are rare in Florida, representing only about 15% of the entire state. In terms of natural recharge rates, the County contains areas characterized by very low and very low to moderate recharge. The areas of very low to moderate recharge, in which the annual recharge rate is from 2-10 inches, are depicted in CARE Figure 14 and cover the northwest corner of the County, smaller areas in the northcentral and northeast areas of the County, and a large area in northeast Hillsborough County. The large recharge area in the northeast part of the County corresponds to the 100 year floodplain associated with the Hillsborough River basin; this is the largest contiguous 100 year floodplain in the County. Despite the absence of high natural recharge areas, the County contains areas highly susceptible to contamination of the Floridan aquifer. CARE Figure 15 shows three highly susceptible areas. One of these areas is the north half of northwest Hillsborough County. This area contains wellfields located along Gunn Highway and SR 597. The easternmost extent of this area is just east of the intersection of I-275 and I-75. Most of the highly susceptible areas in the northwest part of the County are in areas of very low to moderate natural groundwater recharge. Another area highly susceptible to contamination of the Floridan aquifer is in northeast Hillsborough County, north of I-4 and mostly east of US 301. This area includes two mining areas, but neither is a phosphate mine. The third area of high susceptibility to contamination of the Floridan aquifer runs from an area between Lake Thonotosassa and Plant City southwest through the parcels designated Light Industrial north of Gibsonton. Although similar contamination maps for the surficial and intermediate aquifer systems were not included, the surficial aquifer is highly susceptible to contamination due largely to its proximity to the surface, and the intermediate aquifer is less susceptible to contamination. The Data and Analysis warn that "[d]evelopment in areas of high recharge/contamination potential may . . . pose unacceptable threats to the long-term water quantity and quality within the aquifer system." CARE, page 58. Potable water supplies are also threatened by "the proliferation of improperly sited, constructed and maintained septic tanks." Id. CARE Figure 16 displays potential sources of contamination of the groundwater and surface water. The only potential source of contamination in the recharge area associated with the Hillsborough River basin is an active landfill situated at the southern edge of the recharge area, just southeast of Lake Thonotosassa. However, three active landfills and seven sewage treatment plants have been situated in the large recharge area in the northwest corner of the County, although these ten sites are southwest of existing public supply wells. 9. Sanitary Sewer An unnumbered oversized map entitled Hillsborough County Wastewater Element shows existing and proposed wastewater service areas and collection lines; the projected facilities are shown as of 1994 and 2010. Oversized Map 3, which is entitled Potable Water and Wastewater Facilities, also shows existing and proposed wastewater service areas as of 1994 and 2010. Sanitary Sewerage (Sewer) Element Figure 1 depicts the same information on a smaller scale, although the earlier year of projection is 1995, not 1994. Another unnumbered oversized map accompanying the Plan shows the location of domestic wastewater treatment plants, but the date of the map is omitted. In terms of the existing collection and conveyance system, Sewer Element Figure 1 depicts a central sewer system considerably more proposed than existing in the area south of the Alafia River. No sewer lines exist south of the Alafia River except for a one-mile segment along Big Bend Road east of US and west of Balm-Riverview Road; a little more than a half-mile segment on the peninsula extending from Apollo Beach; a half- mile segment southeast of the preceding segment, about midway between the shoreline and US 41; and roughly five miles of lines along SR 674 between I-75 and just east of US 301. In contrast to the seven miles of existing sewer lines described in the preceding paragraph, Sewer Element Figure 1 indicates that the area south of the Alafia River is proposed to receive another 30 miles of lines by 1994 and another 30 miles of lines by 2010. In other words, the County intends to expand the central sewer system by almost tenfold over 20 years in the area south of the Alafia River. Four to six sewage treatment plants are operating close to the Alafia River, and two such plants are operating close to the Little Manatee River. In addition, two sewage treatment plants and an active landfill are also operating between the two rivers, located west of US 41 and east of the shore of Tampa Bay. The Data and Analysis report that one of the assumptions in the Sewer Element is that all regional and subregional wastewater treatment plants will use advanced wastewater treatment except the Van Dyke plant, which uses secondary wastewater treatment. The Data and Analysis also indicate that, as sewer connections are made, interim and private wastewater plants will be phased out. The Data and Analysis recognize the risk that septic tanks pose to potable water supplies: "As more and more quantities of potable water are needed to supply the County and as urbanization of previously rural areas occurs, the possible dangers due to septic tanks systems contaminating potable water supplies increases." Sewer Element, page 14. As noted below, the Plan distinguishes among Urban, Suburban, and Rural general service levels. 6/ For sanitary sewer, Rural services means "there would most likely be no service connection to an area treatment plant." Sewer Element, page 3. For sanitary sewer, Urban or Suburban service means "there would most likely be current or planned service connection to an area treatment plant." Sewer Element, page 4. Only in "intense urban areas" can the Plan assure "there would be service connection to an area treatment plant." Id. Sewer Element Table 1 discloses that the design capacity of wastewater treatment plants--both publicly and privately owned--is 42.163 million gallons per day with 46% of the capacity in the northwest service area, 42% of the capacity in the central service area, and 12% of the capacity in the south service area. The Data and Analysis indicate that the County has embarked on an "vigorous construction program aimed at meeting the existing commitments within its service areas and providing capacity capable of accommodating growth through 1995." Sewer Element, page 5. However, the construction of treatment facilities has proceeded faster than the construction of collection and transmission lines. 9. Potable Water Oversized Map 3 shows the location of existing water lines, proposed water lines through 1994, proposed water lines through 2010, and water service area boundaries. Potable Water Element Figure 1 depicts on a smaller scale the same information, plus the location of the water service area boundaries in 1995 and 2010. In general, water lines cover a considerable portion of the northwest and central parts of Hillsborough County, appearing in all parts of the County to serve all land that is both designated Suburban Density Residential and contiguous to areas designated for greater densities. Again, as in the case of central sewer, the part of Hillsborough County south of the Alafia River is not as well served. Twelve miles of line run along US 301, south from the Alafia River to SR 674. About seven miles of line run west on SR 674 to a point about two miles east of the mouth of the Little Manatee River. About five miles of line cover the Ruskin area directly northeast of the previously described terminus, and one mile of line proceeds south toward the Little Manatee River. Closer to Tampa Bay, about seven miles of water line run along US 41 south from the Alafia River to a point a couple of miles south of Big Bend Road, stopping about three and one- half miles north of the nearest existing line in Ruskin. About eight miles of line run just south of, and parallel to, the Alafia River. Another five miles of water line run from the Alafia River south, along the scenic corridor (evidently a railroad line to be converted into a two- lane road, at least part of which may be known as the Jim Selvey Highway) running parallel to, and about one mile west of, the boundary between Rural and Suburban designations between SR 640 and the line extending east of the end of Big Bend Road. 7/ Oversized Map 3 discloses that the County can provide central water service to relatively little of the area south of the Alafia River within the Urban and Suburban areas. As is the case with central sewer, the County's plans for new central water service project the majority of construction activity toward the end of the 20-year period. Although starting with considerably more water line mileage--about 47 miles--than sewer line mileage south of the Alafia River, the County plans only about eight new miles in this area by 1994, but over 90 new miles by 2010. For potable water service, a Rural service area "would most likely be served by a system of private wells." Potable Water Element, page 3. Urban or Suburban service means "there would most likely be current or planned service connecting to this area." Potable Water Element, page 4. Again, as in the case of sewer service, a guarantee of central water service applies only to intensive urban service, where "there would be service connecting to this area." Id. After detailed analysis, the Data and Analysis conclude that the County will require 235-318 million gallons per day of water in 2000. Responsibility in coordinating water supplies in the Tampa Bay area has been assigned to the West Coast Regional Water Supply Authority (WCRWSA). According to CARE Figure 19, Hillsborough County will run short of potable water by the early 1990's and need water supplies from the WCRWSA. CARE, page 28. Due to assumptions of increased water usage in Pasco and Pinellas Counties, "there is concern that the 'safe yield' limit of regional groundwater aquifers may be approached in the foreseeable future." Id. The Data and Analysis report that additional water for the fast-growing southcentral area will come from a "planned" wellfield in northeast Brandon. Potable Water Element, page 9. CARE Figure 18 shows the location of major public supply reservoirs and water wells of more than 100,000 gallons per day. Oversized Map 18, which is dated February, 1990, depicts a 200-foot radius for each major public supply well. The greatest concentration of public supply water wells is in northwest Hillsborough County, especially the northern half of this area. Based on rough projections, the Data and Analysis warn that there is a "need to develop and communicate accurate water supply and safe yield projections to ensure sound water use planning. In addition, [there is a] need to immediately conserve existing water supplies and to develop new supplies." Id. In the meantime, potential water sources are threatened by development: The quantity and quality of groundwater resources may also be adversely impacted by land development. Because of the dry, well- drained soils, many of the most important aquifer recharge areas in the County are considered to be the most desirable sites for development. However, the increase in impervious surface cover associated with land development may, in theory, reduce the amount of water available to recharge groundwater aquifers by increasing the amount of surface runoff and evaporation. In addition, pollution discharges to groundwater, including septic drainfields, leaking underground storage tanks, etc., percolate rapidly through the topsoil and into the underlying rock in such areas, and may pose a significant contamination threat to existing and future water supplies. CARE, page 28. Water conservation will help extend existing potable water supplies. Residential water use may be reduced by 15% to 70% by conservation measures. Agricultural water use may be reduced by better irrigation practices, reducing losses to seepage, and using the lowest quality water necessary. Only 33 of the 267 wastewater treatment plants in the County presently use direct wastewater reuse options. The Data and Analysis recommend the exploration of this option. With respect to potable water sources, the Data and Analysis also consider desalinization. About 70 such plants currently operate in Florida. The reverse osmosis method of desalinization appears to be a particularly viable alternative for Hillsborough County. Noting the inevitability of new demands for potable water from population growth, the Data and Analysis warn that "significant increases in impervious surfaces may actually decrease the recharge potential and the available water supply below historically reliable levels." CARE, page 61. Excessive groundwater withdrawals in Hillsborough County have historically dewatered wetlands and surface waters; excessive groundwater withdrawals in other coastal areas in Florida have historically resulted in saltwater intrusion. Thus, the Data and Analysis recommend the establishment of "'safe yield' groundwater withdrawal limitations." Id. Until the development of more sophisticated means, the Data and Analysis recommend the use of the "Water Budget Concept" to estimate probable limits on potable water supply and demand. Id. 10. Natural Habitats Because of the size, location, and estuarine shoreline of Hillsborough County, representatives of over half of the major plant communities in Florida are found in the County. The 14 major plant communities found in Hillsborough County are: pine flatwoods, dry prairies, sand pine scrub, sandhills, xeric hammocks, mesic hammocks, hardwood swamps, cypress swamps, freshwater marshes, wet prairies, coastal marshes, mangrove swamps, coastal strand, and marine grassbeds. With the exception of marine grassbeds, these habitats are depicted on the multicolor fold-out map entitled "Natural Systems and Land Use Cover Inventory," which is identified as CARE Figure 20 in the Plan. Coastal Figure 11 depicts the established extent of seagrass meadows in Tampa Bay. Coastal Figure 14 shows the location in Tampa Bay of different classes of waters. The waters adjacent to the shoreline of northwest Hillsborough County are Class II waters that are closed to shellfish harvesting. The waters from about a mile south of Apollo Beach to Manatee County are also Class II waters with shellfish harvesting approved in the area of Cockroach Bay. The remaining waters are Class III. Coastal Figure 13 depicts the location of emergent wetlands along the fringe of Tampa Bay. Concentrations of emergent wetlands are notable south of Apollo Beach and upstream varying distances along the fringes of the three major rivers and the former Palm River. Emergent wetlands also fringe the shoreline of northwest Hillsborough County. Most of the County's natural habitat has been lost to urban, agricultural, and industrial development, which has altered over half of the original freshwater wetlands and over three-quarters of the uplands. The trend of habitat destruction, though abated by wetland protection laws, continues to apply to the upland habitats of xeric and mesic hammocks. Supplementing CARE Figure 20 are Oversized Map 8, which depicts "major natural systems" based on CARE Figure 20, and CARE Table 11, which indicates where, by specific habitat, each of the endangered, threatened, or special-concern plant or animal species may be expected to occur. The Data and Analysis acknowledge that the rapidly growing human population and its associated urbanization has resulted in a substantial loss of natural wildlife habitat, especially in the coastal portions of the County, while the cumulative impacts of development continue to divide and isolate large contiguous natural areas. . . . As a result of habitat destruction and alteration, the natural populations of many wildlife species have declined dramatically. . . . comprehensive wildlife protection and management program is needed to inventory populations of threatened or endangered species and species of special concern, and to inventory significant and essential wildlife habitat and protect those areas in the future. Coastal Element, page 68. The pine flatwoods habitat is characterized by long- leaf pines on drier sites and slash pine on wetter sites. Despite overlap between the understories of the two types of pine flatwoods communities, saw palmetto predominates in slash pine flatwoods and wiregrass predominates in long-leaf pine flatwoods. Pine flatwoods depend on fire to eliminate hardwood competition. Longleaf pine flatwoods are more susceptible to lack of water than are slash pine flatwoods. In the absence of fire, the pine flatwoods community is replaced by a mixed hardwood and pine forest. Various species that are endangered, threatened, or of special concern are associated with the pine flatwoods habitat. These species include the Florida golden aster, eastern indigo snake, short-tailed snake, gopher tortoise, gopher frog, Florida pine snake, peregrine falcon, Southern bald eagle, Southeastern American kestrel, red-cockaded woodpecker, scrub jay, and Sherman's fox squirrel. Originally, 70% of Hillsborough County was vegetated by pine flatwoods, but now only 5% of the County is pine flatwoods. The level surface, thick understory, and poorly drained soils of the pine flatwoods tend to retain and slowly release surface water, so the pine flatwoods enhance surface water quality and reduce downstream flooding. Dry prairies are treeless plains, often hosting scattered bayheads, cypress ponds, freshwater marshes, and wet prairies. Dry prairies resemble pine flatwoods without the overstory and perform similar functions in terms of surface water drainage. The endangered, threatened, or special-concern species using dry prairies include those using the pine flatwoods plus the Florida sandhill crane and burrowing owl. Sand pine scrub is found mostly on relict dunes or other marine features found along present and former shorelines. Sand pine forms the overstory, and scrubby oaks compose a thick, often clumped understory. Large areas of bare sand are present in the habitat of the sand pine scrub, which requires fires to release the pine seeds. Without fires, the sand pine scrub habitat evolves into a xeric oak scrub habitat. The rare sand pine scrub community hosts many of the endangered, threatened, or special-concern species found in the pine flatwoods habitat. Supporting the highest number of such species, the sand pine scrub habitat's extremely dry environment sustains highly specialized plants and animals that could survive nowhere else. The unique adaptations of species to the sand pine scrub environment generates much scientific research of this unusual habitat, which is easily disturbed by human activities. The rapid percolation typical of the deep sandy soils of the sand pine scrub makes the community an important aquifer recharge area that is also vulnerable to groundwater contamination. Featuring more organic material in its sandy soils, the sandhill community, like the sand pine scrub community, is uncommon in Hillsborough County. Longleaf pines form the overstory of the sandhill habitat, unless, due to fire suppression and logging, xeric oaks, like turkey oak and bluejack oak, have been permitted to grow sufficiently to form the overstory. In the absence of the pines, the community is known as the xeric oak scrub. Longleaf pines require frequent fires to control hardwood competition, as does wiregrass, which, when present, prevents the germination of hardwood seeds and serves to convey fires over large areas. The endangered, threatened, or special-concern species of the sandhill habitat are similar to those of the pine flatwoods. The plant and animal species using the sandhill habitat are, like those using the sand pine scrub habitat, adapted to high temperatures and drought. These plant and animal species are often found nowhere else but in the sandhills, which, like the sand pine scrub community, allows rapid percolation of water. The well-drained soils render the area useful for natural recharge of the aquifer, but also vulnerable to groundwater contamination. Xeric hammocks feature live oaks in well-drained, deep sand. Providing habitat for many of the species using the pine flatwoods, the xeric hammock canopy provides a microclimate of cooler, moister conditions and supplies good natural recharge to the aquifer. Mesic hammocks are the climax community of the area and contain a wide diversity of plant species. Trees include the Southern Magnolia, laurel oak, American holly, dogwood, pignut hickory, and live oak. Endangered, threatened, or special- concern species using the habitat are Auricled Spleenwort, Eastern indigo snake, peregrine falcon, Southern bald eagle, Southeastern American kestrel, and Sherman's fox squirrel. Not dependent upon fire, mesic hammocks efficiently use solar heat and recycle nutrients. Mesic hammocks are adaptable to development if native vegetation, including groundcover, is retained. Hardwood swamps, which are also known as floodplain swamps, riverine swamps, and hydric hammocks, border rivers and lake basins where the ground is saturated or submerged during part of the year. The wettest part of these swamp forests features bald cypress or black gum trees. In higher areas, the trees typically include sweet gum, red maple, water oak, American elm, water hickory, and laurel oak. Hardwood swamps rely upon periodic flooding, absent which other communities will replace the hardwood swamps. Endangered, threatened, or special-concern species associated with hardwood swamps are the American alligator, Suwanee cooter, peregrine falcon, wood stork, Southern bald eagle, little blue heron, snowy egret, tricolored heron, and limpkin. "The hardwood swamp is extremely important for water quality and quantity enhancement." CARE, page 38. The hardwood swamp also retains and slowly releases floodwaters, which, among other things, allows suspended material to settle out. The swamp vegetation then removes excess nutrients and produces detritus for downstream swamps, such as estuaries. Cypress swamps are found along river or lake margins or interspersed through pine flatwoods or dry prairies. Bald cypress is the dominant tree along lakes and streams, and pond cypress occurs in cypress heads or domes. The endangered, threatened, or special-concern species associated with cypress swamps are the same as those associated with hardwood swamps. Especially when found in pine flatwoods or dry prairies, cypress swamps are important to wildlife because of their cooler, wetter environment. Cypress domes function as natural retention ponds. Cypress swamps along rivers and lakes absorb nutrients and store floodwaters. Freshwater marshes and wet prairies are herbaceous plant communities on sites where the soil is saturated or covered with water for at least one month during the growing season. Wet prairies contain shallower water, more grasses, and fewer tall emergents than do marshes. Fire recycles nutrients back into the soil and removes older, less productive plant growth. Flooding also reduces competition. The endangered, threatened, or special-concern species are the same as those using the cypress swamps except that the freshwater marshes and wet prairies host the Florida sandhill crane and roseate spoonbill, but not the limpkin. Freshwater marshes and wet prairies are the most important vegetative communities functioning as a natural filter for rivers and lakes. The ability to retain water allows freshwater marshes and wet prairies to moderate the severity of floods and droughts. But the freshwater marshes and wet prairies have suffered most from agricultural and urban development. Wet prairies in particular are susceptible to damage from recreation vehicle use, horseback riding, and foot traffic. Among the many species using freshwater marshes and wet prairies as habitat, the sandhill crane depends on this community for nesting habitat. Coastal marshes are located on low-energy shorelines and are interspersed with mangroves. Coastal marshes may be found along tidal rivers. Tides contribute to the high productivity of the coastal marshes, as tidal waters provide food to, and remove waste from, the organisms found in the coastal marshes. Endangered, threatened, or special-concern species associated with coastal marshes are the American alligator, peregrine falcon, wood stork, Southern bald eagle, redish egret, snowy egret, tricolored heron, and roseate spoonbill. With the mangrove swamp, the coastal marsh is the "key to the extremely high levels of biological productivity found in estuaries such as Tampa Bay." CARE, page 40. Marsh grasses convert sunlight and nutrients into plant tissue, which decomposes once the plant dies and becomes available to a number of detritus-feeding organisms. These organisms are themselves food for large animals. Coastal marshes also serve as nurseries for young fish, stabilize shorelines, filter out nutrients, and trap sediments. Mangrove swamps also occur along low-energy shorelines. The mangrove community "provides much of the driving force behind the productivity of bordering estuaries." CARE, page 41. Leaves from the mangroves fall into the water, supplying food to organisms as large as mullet. Mangrove swamps host the same animals as do coastal marshes except for the absence of alligators and presence of brown pelicans. The environmental values of the mangrove swamps are the same as the values of coastal marshes. The coastal strand includes beaches and coastal dunes. Prime examples of this type of habitat in Hillsborough County are Egmont Key and the larger islands in Cockroach Bay and at the mouth of the Little Manatee River. Marine grassbeds are found in estuaries and consist of vast meadows of different types of seagrasses. Having evolved from terrestrial forms, seagrasses contain roots, stems, leaves, and flowers and are able to grow in soft, sandy, or muddy sediments. Species of seagrasses found in Tampa Bay are limited to a water depth of about six feet, which is the average depth through which light can presently penetrate. Fast-growing seagrasses trap material from the land, absorb nutrients, and convey animal and plant products to the open sea. 11. Coastal Area The County's "most significant surface water resource" is Tampa Bay. CARE, page 10. In northwest Hillsborough County, the coastal area, which is also known as the coastal zone, consists of a strip of land about five miles wide running from the shoreline between Tampa and the Pinellas County line in the northwest part of the County. The coastal area for central and south Hillsborough County encompasses a band of land of about similar width running from the Tampa line south along US 301 across the Alafia River, then south from the Alafia River along I-75 to the Little Manatee River, where the boundary runs west to US 41, and then south along US 41 to the Manatee County line. Coastal Figure 16 locates coastal marine resources in and adjacent to Tampa Bay. Two locations of wading birds are in the northwest part of Hillsborough County. The only resources depicted between Tampa and the Alafia River are shorebirds in the Bay. At the Alafia River are wading birds, shorebirds, and pelicans. Wading birds and shorebirds are located in the Cockroach Bay Aquatic Preserve, as are manatee and oyster beds. The Data and Analysis describe the different land use planning challenges in the coastal area: coastal land issues are unique primarily due to the intense competing and often incompatible use demands, serious environmental constraints or impacts and the limited supply of shoreline lands. Coastal Element, page 3. The intent of the Plan is that coastal land use should be dominated by those uses which can only take place in or near the shoreline. This concept, by which water- dependent and water-related uses receive priority, stems from logic furthered by the Federal Coastal Zone Management Act .. .. Coastal Element, page 2. According to Coastal Element Table 2, the coastal area comprises 20,946 acres of developed land and 54,011 acres of undeveloped land. The developed land includes 12,343 acres of residential (75% single family detached), 4638 acres of community facilities (75% utilities and recreation/open space), 2095 acres of commercial (equal amounts of heavy and light commercial), and 1870 acres of industrial. The undeveloped land includes 24,388 acres of natural land (including 16,533 acres of woodlands and wetlands), 29,025 acres of agriculture, and 598 acres of mines (consisting of 299 acres of active mines, 75 acres of reclaimed mines, and 224 acres of unreclaimed mines). Many of the residential uses in the coastal area are on floodprone lands or land formed from dredge and fill operations. Many of these residential areas are in the unincorporated areas of Town and Country, Clair Mel City, Apollo Beach, and Bahia Beach. The problems common to these areas are periodic flooding, cumulative adverse impacts to wetlands, soil erosion, non-functioning septic systems, high potential for surface water pollution, potential for salt water intrusion, and reduced public access to the shoreline. Coastal Element, page 4. Most commercial development in the coastal area is of the neighborhood, rather than regional, variety. Commercial uses have generally followed rather than preceded residential development in the coastal area. However, in the Hillsborough Avenue/Memorial Highway area, which is in the coastal area between Tampa and Pinellas County, extensive commercial activity serves Town and County and the area off SR 580 (Hillsborough Avenue) toward Pinellas County. Much of the County's heavy industry is located in the coastal area due to proximity to the port. Agriculture is treated as undeveloped land, although only one-third of agricultural uses are merely fenced pastureland. In any event, "urban growth is steadily displacing [agricultural and vacant land] uses forcing agricultural activities to move to more inland parts of the County." Coastal Element, page 5. The largest uses within the category of community facilities in the coastal area are electric power generating and transmission facilities. The next largest is recreation/open space. Both of these uses are water dependent. The coastal natural areas provide vital shoreline habitat and protect against storm surge. The Data and Analysis warn: Displacement of these natural areas by continued urban development will result in a net reduction of water quality within Tampa Bay and tidal rivers and creeks, loss of vital wildlife habitat, a diminished sense of open space, and the exposure of property and human life to the dangers of storm surge. Coastal Element, page 6. In discussing potential conflicts in potential shoreline land uses, the Data and Analysis note that more coastal areas that are vacant, recreational, or agricultural have been designated as Environmentally Sensitive Areas, Low Density Residential, Recreation and Open Space, or Natural Preservation. The development of the coastal area has resulted in the elimination of natural shoreline vegetative communities such as mangroves and wetlands. The Data and Analysis acknowledge the "urgency to more effectively manage coastal zone natural resources and direct urban development into areas more appropriate for such growth." Coastal Element, page 7. The Data and Analysis also note that stormwater runoff into Tampa Bay and its tributaries may constitute the "greatest impact to marine habitat." Id. According to the Data and Analysis, the main uses that are neither water-dependent nor water-related are commercial and industrial uses that "could function just as well inland as in a coastal location" and "intense urban residential." Coastal Element, page 9. The Data and Analysis endorse the trend toward displacing agricultural uses in the Apollo Beach/Ruskin area west of I-75 between the Alafia River and the Manatee County line. The Data and Analysis approve of the increased concentration of development closer to the amenities of the coastal area without using the coastal zone for non-water-dependent uses. Oversized Maps 11 and 12 respectively show the location of archaeological sites and historic resources. Oversized Map 11 indicates by Florida Master Site File number the location of at least 200 archaeological sites. Due to the presence of numerous archaeological sites in the coastal area, the County "needs to establish a method to protect, preserve, and restore its historic resources." Coastal Element, page 13. Because the County has not adopted a local preservation ordinance, the Data and Analysis admit that "historic resource management efforts are not clearly defined." Coastal Element, page 60. However, the Data and Analysis indicate that provisions in the Future Land Use Element and Coastal Element will preserve the historic resources in the coastal area. 12. Coastal High Hazard Area and Hurricane Planning The entire Tampa Bay region: has been identified by the National Weather Service as one of the most hurricane- vulnerable areas of the United States, with the potential for large scale loss of life. Coastal Element, page 37. The vulnerability of the County and its residents to hurricanes is due to geography and land use. The proximity of large numbers of persons near Tampa Bay and residing in low- lying areas or mobile homes increases the risk of loss of life and property. The hurricane vulnerability analysis is based on the 100 year storm event or Category 3 hurricane, which produces winds of 111-130 miles per hour and storm surge of 12-18 feet above normal. The Data and Analysis define the hurricane vulnerability zone as the area from which persons must be evacuated in the event of a Category 3 hurricane. The Data and Analysis also identify the coastal high hazard area, which is the area from which persons must be evacuated in the event of the less intense Category 1 hurricane. The coastal high hazard area is also the velocity zone shown on maps issued by the Federal Emergency Management Agency. Coastal Element Figure 18 depicts the coastal high hazard area as a strip of land fringing Tampa Bay. The northwest section of the coastal high hazard area between Pinellas County and Tampa is nearly one mile wide. The width of the coastal high hazard area from Tampa to Manatee County ranges from nonexistent to about 1.5 miles, and even more at the Little Manatee River, but averages about one mile. The Data and Analysis recognize the special planning issues that apply to the coastal high hazard area: The issue with respect to development in the coastal high hazard area is the protection of residents and the public expenditure of funds for areas that are subject to severe flooding from storm surge and rainfall and structure damage as a result of high winds. In addition to limiting development, the permitted development shall be designed to mitigate problems associated with stormwater runoff, wastewater treatment, and septic tanks. Coastal Element, page 61. Dealing with the provision of infrastructure in the coastal area, the Data and Analysis ask, but do not answer, the following questions: Does the provision of infrastructure encourage development of coastal areas? Should all citizens be required to bear the burden of increased public infrastructure cost in coastal areas? As development and redevelopment pressures continue in the coastal areas these questions and others must be answered. Coastal Element, page 64. Analysis of the County's hurricane preparedness requires consideration of the availability of shelters. The County has 46 primary shelters that, at the applicable ratio of 20 square feet per shelter resident, can accommodate about 59,000 persons. Unfortunately, about 60,000 of the 175,000 evacuees sought shelter space during Hurricane Elena, which, during the Labor Day weekend of 1985, came within 80 miles from the mouth of Tampa Bay. In any event, there is sufficient shelter space through 1995. Although secondary shelter space may be sufficient for awhile, the County will need more shelter space by 2000. Present estimated clearance times for hurricane evacuation range from 11-16 hours, depending upon the storm and evacuation conditions. After evaluating pre-landfall hazards, such as the inundation of low-lying evacuation routes, the clearance times are increased by 10 hours, so the range is 21-26 hours. Persons with special needs, which could enlarge the time needed for evacuation, have been encouraged to register with the County. The Data and Analysis inventory the hospitals and nursing homes whose occupants would need to evacuate in the event of a hurricane. Six of the 21 nursing homes and four of the 17 hospitals would be vulnerable to storm surge in a Category 3 storm. Tampa General, which is a County-operated facility, is subject to storm surge in a Category 1 storm, and the Data and Analysis warn that expansion plans should be carefully reviewed. Finding that clearance times of 11 and 16 hours are "acceptable," the Data and Analysis caution that the clearance times may increase as population increases in the Tampa Bay region. Options to be considered include exploration of vertical evacuation, discouragement of evacuation by nonvulnerable residents, expansion of road capacity, and imposition of the requirement that mobile home parks construct on-site shelter space. A variety of public infrastructure is contained in the coastal high hazard area. These public facilities include roads, bridges, and causeways; sanitary sewer facilities; potable water facilities; and shoreline protection structures. Private facilities include electric generating units and substations. The County does not own a sanitary sewer plant in the coastal high hazard area. But the County uses about 12% of the capacity of Tampa's Hookers Point plant, which is in the coastal high hazard area. The County owns three potable water facilities in the coastal high hazard area. A pump station and two elevated storage tanks are in the Apollo Beach area. In view of the vulnerability of parts of the County to a hurricane: government is responsible for ensuring that human life is protected and property damage is minimized in food-prone and coastal high hazard areas; that land use and development patterns are consistent with the vulnerable nature of the coastal high hazard and inland flood-prone areas; and that natural systems and vegetation that serve to reduce the impacts of severe weather are protected and preserved. In order to accomplish these ends, Hillsborough County must consider available options to reduce or limit exposure in the [coastal high hazard area]; develop guidelines/procedures for development in the [coastal high hazard area]; propose alternatives to reduce clearance times or reduce deficit public shelter space; and develop methods to redirect population concentrations away from the [coastal high hazard area]. Coastal Element, page 42. The Data and Analysis consider the question of post- hurricane redevelopment, which has not been an issue in the County since 1921, which marked the last time that a hurricane made landfall in Hillsborough County. After addressing the extent to which public funds might be available to assist in rebuilding infrastructure, the Data and Analysis confront the underlying issue whether infrastructure in the coastal high hazard area should be rebuilt in place or relocated outside the coastal high hazard area. The Data and Analysis conclude: A decision-making framework needs to be established by the County in order to determine if the infrastructure or facilities should be relocated, have structural modifications or be replaced. Coastal Element, page 45. The Data and Analysis recommend that decisions concerning redeveloping infrastructure be guided by the following factors: costs, environmental impacts, mitigative impacts, growth management consistency, impacts on the public, timeliness, legal issues, availability of funds, and necessity of infrastructure. 13. Air Quality The air quality in the Tampa urban area "is among the state's most polluted," but "severe conditions are often localized and short lived, due to prevailing winds and the area's non-confining topography." CARE, page 46. However, the Data and Analysis admit that "[a]ir quality in the Tampa Bay region . . . is degraded and in need of improvement relative to certain air pollutants." CARE, page 51. Of the six pollutants for which federal and state attainment standards exist, Hillsborough County is classified as non-attainment for ozone, for which automobile exhausts are indirectly responsible, and particulate matter. But point sources, especially power plants, are also responsible for air pollution. Since the mid 1970's, all criteria pollutants except ozone have decreased in the County. The Data and Analysis recommend "more stringent regulations and better compliance with existing regulations." CARE, page 52. Urban Sprawl Planning Strategy The Data and Analysis disclose that the County has adopted two major planning strategies. The Plan creates nodes and corridors and provides a range of lifestyles from the Urban to the Suburban to the Rural. The specific details of these planning strategies are found in the operative provisions of the Plan, which are set forth in the following section. However, the Data and Analysis offer a brief overview of the County's two major planning strategies. A node is a "focal point within the context of a larger, contiguous area surrounding it. It is an area of concentrated activity that attracts people from outside its boundaries for purposes of interaction within that area." Future Land Use Element (FLUE), page 8. The Data and Analysis explain that the Plan contains four types of nodes: high intensity nodes, which are for high intensity commercial uses, high density residential uses, and high concentration of government centers; mixed use regional nodes, which are for regional shopping centers, major office and employment areas, and sports and recreational complexes; community center nodes, which are focal points for surrounding neighborhoods; and neighborhood nodes, which are smaller scale community centers. Once nodes become established, "corridors" are intended to connect two or more nodes. Presently, the road network is the sole type of corridor. But mass transit may one day offer an alternative type of corridor. As part of the second major planning strategy, the Plan offers residents a variety of lifestyle options, primarily by varying residential densities. Population growth in Hillsborough County has historically radiated out from the central business district of Tampa. The emergence of nodes outside Tampa has altered this development pattern. The Plan's treatment of rural areas reflects the philosophy that "[r]ural areas need not be treated only as undeveloped lands waiting to become urban." FLUE, page 9. The Data and Analysis report that the Plan seeks to preserve the pastoral nature of the rural lifestyle by ensuring the availability of large lots for residential development. The size of the lots is in part driven by the absence of central water and sewer, so that individual wells and septic tanks will necessarily serve most rural development. In addition to providing small scale commercial uses at appropriate locations, the Data and Analysis recognize that the Plan must also ensure the preservation of unstructured open space, as well as competing rural uses, such as agriculture, that may not harmonize completely with adjacent residential development. The Data and Analysis describe the suburban residential option as part of a "gradual transition of land uses from very rural to more suburban blending into the urban environment." FLUE, page 10. Suburban areas would be accompanied by greater intensities of commercial uses and more extensive public facilities, as compared to the commercial uses and public facilities serving rural areas. The Data and Analysis describe densities of two or three dwelling units per acre on outlying suburban areas, gradually increasing to two to six dwelling units per acre on suburban areas closer to urban areas, and finally attaining even higher densities adjacent to the urban areas. Open space remains "quite important" for suburban areas and could be attained partially through clustering dwelling units. Id. The urban areas facilitate the provision of "very specialized public and private services that could not be justified anywhere else." FLUE, page 11. The Data and Analysis state: If the urban areas are permitted to increase their concentrations, it will lessen some of the development pressures in other areas of the County. One distinct advantage of intense urban development is that the potential, negative impacts of development upon the natural environment can be controlled more effectively. Additionally, the provision of public facilities is much more cost effective in the intense urban areas. Id. The Data and Analysis recognize the role of planning to ensure the attainment of the planning goals of the County: Hillsborough County has and will continue to experience a high population growth rate. Residential, commercial and industrial land development is expanding rapidly, and the County has been unable to keep pace with the demand for public facilities. The rapid rate of development has had many adverse impacts upon the environment, transportation, public facilities, historic resources and community design. . . . An overall, general guide to development outlining basic considerations during the development process is needed to protect the health, safety and welfare of the residents of Hillsborough County. FLUE, page 12. The Data and Analysis recognize that "much of the newer residential development is designed as enclaves with little or no functional linkages to the surrounding areas." FLUE, page 22. Addressing the linkage of residential to commercial uses, the Data and Analysis add: Commercial development has followed the sprawl of residential development into the County. Commercial strip development has been allowed to proceed relatively unchecked along the major arterials in the County creating undue congestion and safety hazards. A strong need was identified to develop a logical and functional method to determine the location and amount of future commercial development without interrupting the market system. FLUE, page 25. The Data and Analysis also address industrial and public facility land uses. The identification of specific areas for industrial development "will create a desirable development pattern that effectively maximizes the use of the land." FLUE, page 28. And the requirement that public facilities be available to serve new development "will create greater concentrations of land uses in the future." FLUE, page 27. 2. Existing Land Uses The Data and Analysis set forth the existing land uses by type and acreage. Using a total acreage for the County of 605,282 acres, the table of existing land uses by acreage, which is at page XVIII-B of the FLUE background document, divides developed land into four general categories: residential, commercial, industrial, and community facilities. Residential existing land uses total 73,104 acres. The total includes 55,546 acres of single family detached with an average density of 1.7 dwelling units per acre, 9709 acres of mobile home with an average density of 1.3 dwelling units per acre, 3643 acres of mobile home park with an average density of 4.6 dwelling units per acre, and 3006 acres of single family attached and multifamily with an average density of just under 12 dwelling units per acre. Commercial existing land uses total 8143 acres, consisting of 3613 acres of light commercial, 3029 acres of heavy commercial, 770 acres of transient lodging, and 731 acres of business and professional offices. Industrial existing land uses total 4122 acres, consisting of 1889 acres of heavy industrial, 1178 acres of warehouse and distribution, and 1055 acres of light industrial. Community facilities existing land uses, which consist of utilities, schools, and recreation/open space, total 19,439 acres, including 7981 acres of recreation/open space and 5200 acres of utilities. The remaining 500,474 acres in the County are divided into Natural, Agriculture, and Mining existing land uses. Natural existing land uses total 182,082 acres, consisting of 133,939 acres of woodlands and wetlands, 26,745 acres of vacant land in urban areas, and 21,398 acres of water. Agriculture existing land uses total 292,129 acres, including 104,870 acres of fenced pastureland, 103,773 acres of general agriculture, 40,600 acres of groves or orchards, and 38,867 acres of row crops. Mining existing land uses total 26,263 acres, consisting of 10,551 acres of active mines, 8655 acres of unreclaimed mined out areas, 6717 acres of reclaimed mines, and 340 acres of resource extraction. The County has prepared or obtained numerous existing land use maps (ELUM), either as small-scale maps contained in the two-volume compilation or as Oversized Maps. Most of the ELUM's have been described above. The ELUM's depict the Tampa Bay estuarine system including beaches and shores; rivers, bays, lakes, floodplains, and harbors; wetlands; minerals, soils, and sinkholes; natural systems and land use cover; areas of natural aquifer recharge and potential groundwater contamination; and various public facilities. ELUM's not previously described include Oversized Map 6, which is dated September, 1988, and is entitled Major Health and Education Facilities. Another Oversized Map dated February 1, 1988, shows the same types of facilities. Existing land uses are shown by a variety of maps. CARE Figure 20, which is the color map showing vegetative cover, provides some information as to the location of disturbed and undisturbed natural areas. Coastal Figure 1 shows existing land uses, but only for the coastal area. Those parts of the coastal high hazard area shown as vacant or agricultural or that otherwise received designations allowing higher densities or intensities are identified in Paragraphs 772 et seq. Most detailed is Oversized Map 2, which is the 1985 Generalized Land Use map. Oversized Map 2 shows the location of existing land uses by the following categories: agricultural and vacant, low density residential, medium and high density residential, commercial, industrial, major public, mining, and natural. As noted above, existing, major public supply wells are depicted on CARE Figure 18 and Oversized Map 18. The latter map also depicts 200-foot radii for "well protection areas." Oversized Map 18 also appears to depicts planned water wells, such as a cluster of four wells northeast of Brandon, which were omitted from CARE Figure 18. Other wells are also depicted on Oversized Map 18, but not CARE Figure 18, which thus appears to have been limited to existing wells. 3. Future Land Uses Under Plan The Data and Analysis accompanying the FLUE acknowledge that "[t]here are very few compact centers where commercial and residential uses interact positively in unincorporated Hillsborough County." FLUE, page 7. The projected population for unincorporated Hillsborough County in 2010 is 932,800, according to the Bureau of Economic and Business Research at the University of Florida. About 458,236 persons were projected to be residing, in 2010, in housing units existing in 1988. By land use category, as depicted on the Future Land Use Map, the County has 283,195 vacant acres on which residential development is permitted under the Plan. The following table sets forth, by category, the vacant acreage, permitted maximum density (expressed as a ratio of dwelling units per gross acre), and population capacity. 8/ Land Use Category Density Vacant Acres Pop. Capacity Agricultural/Mining 1:20 66,122 9,092 Agricultural 1:10 20,162 5,545 Rural Agricultural 1:5 65,115 35,813 Rural Estate 1:2.5 8,617 9,479 Rural Residential 1:1 18,533 50,968 Rural Residential Plan 1:5 7,325 4,029 Low Sub. Density Resid. 2:1 14,388 79,134 Low Sub. Density Resid. Plan 1:5 20,326 11,179 Suburban Density Resid. 4:1 24,667 271,337 Low Density Residential 6:1 10,625 175,313 Low Medium Density Resid. 9:1 945 16,755 Medium Density Residential 12:1 1,290 30,496 High Density Residential 20:1 765 30,141 Urban Level 1 12:1 17,850 421,974 Urban Level 2 20:1 4,495 177,103 Urban Level 3 50:1 1,760 173,360 TOTALS 283,195 1,501,718 Dividing the total population capacity of 1,501,718 persons by the projected population of 932,800, the Plan has overallocated density by a factor of 1.61. Nonresidential uses for which the Plan allocates land include industrial and commercial uses. The industrial uses and respective acreages in the Plan are Light Industrial (12,789), Light Industrial--Planned (746), and Heavy Industrial (4721). The commercial uses and respective acreages in the Plan are Community Commercial (5538), Regional Commercial (678), Community Office (294), and Research Corporate Park (1411). The industrial uses cover a total of 18,256 acres, or 3.04% of the total of 600,409 acres in Hillsborough County. The commercial uses cover a total of 7921 acres, or a little more than 1% of the total acreage in the County. If the acreage designated as Urban Level 1, 2, and 3 is treated as commercial, then the total commercial acreage equals 8.79% of the County. The remaining categories on the Future Land Use Map and respective acreages are: Natural Preservation--23,313 acres; Environmentally Sensitive Areas--81,880 acres; Water--6026 acres; Recreation/Open Space--2310 acres; and Public/Semi- Public--4142 acres. Excluding the Public/Semi-Public category, the remaining four categories, which by varying degrees involve open space, constitute 113,526 acres, or about 19% of the County. In addition to the matter of density allocations, the use of land involves the places where the County has chosen to locate its densities. CARE Figure 2 shows the location of the population in 1985. For unincorporated Hillsborough County, only about 45,000 persons lived south of the Alafia River with about two-thirds living west of I-75. Roughly 150,000 persons lived in northwest Hillsborough County, and another 150,000 persons lived in central Hillsborough County between the Alafia River and I-4. The remaining (as shown on Figure 2) 50,000 persons lived east of I-75 and north of I-4 in northcentral and northeast Hillsborough County. Oversized Map 14 shows areas of density changes effected by the Plan and revisions to a pre-1985 Act plan applicable to I-75 and south Hillsborough County that took place shortly before the adoption of the Plan and were incorporated into the Plan. Oversized Map 14 discloses large areas of density increases in the following locations, among others: the part of the coastal high hazard area between Cockroach Bay and the mouth of the Little Manatee River; an area immediately across US 41 from the previously described area and bounded by the Little Manatee River on the north and I-75 on the east; almost the entire I-75 corridor that is designated nearly exclusively Urban Level 1 and Urban Level 3; a large expanse of land designated mostly Low Suburban Density Residential Planned along the railroad right-of-way that is to be converted into a two-lane road, at least part of which is to be known as the Jim Selvey Highway; an area of Medium Density Residential just north of the mouth of the Little Manatee River near Ruskin; the northcentral area from I-75 and I-275 to the Hillsborough River; and relatively large portions of the north and west halves of northwest Hillsborough County, including almost the entire northwest corner of the County to Gunn Highway (east of Keystone Lake). Oversized Map 13 is the Vacant Land Suitability Analysis, which shows the location of critical lands or soils with very severe limitations, presumably with reference to the location of predominantly vacant lands. The range of soils with very severe limitations includes the entire coastal high hazard area, much of the corridors of the Little Manatee and Alafia Rivers, the Hillsborough River valley, several areas of about 1.5 square miles each in northwest Hillsborough County, much of the land north of the northernmost extent of Tampa and just east of I-275, and an L-shaped area east of I-75 and straddling Big Bend Road, as well as area just to the south of the L-shaped area. Lands of varying degrees of sensitivity are located throughout the areas of very severely limited soils. Locations of the two most critical classes of land are widely distributed among the phosphate mining area in southeast Hillsborough County and along the major southern tributary of the Alafia River, near Cockroach Bay and the mouth of the Little Manatee River, at the southeast and northwest ends of the coastal high hazard area of northwest Hillsborough County, just east of I-275 and I-75, in the Hillsborough River valley, and along the Alafia River and its northern tributary. Locations of the two less critical classes of land, but nevertheless sensitive or very sensitive, include areas along Big Bend Road at I-75, east of I-75 north of Big Bend Road, and in the northwest corner and northern half of northwest Hillsborough County. 4. Use of Public Facilities Under Plan Acknowledging that high population growth has contributed to many of Hillsborough County's problems, such as "infrastructure inadequacies," the Data and Analysis concede: The extension of public facilities has lagged behind the unincorporated County's rapid growth. One of the consequences of growth outpacing the provision of services and facilities is the development of outlying large lot residential with onsite water and sewer facilities (septic tanks, wells). The historic lack of services has continued to strain the county's fiscal ability to respond to these needs, and there will be a greater need for more intensive functional planning and action by county government. FLUE, pages 6-7. Part of the difficulty in matching population growth with public facilities has been due to historic land use patterns. The Data and Analysis note: There are very few compact centers where commercial and residential uses interact positively in unincorporated Hillsborough County. Threshold population densities needed to support many services do not exist in most parts of the County. The cost of providing services such as water, sewer, roads, mass transit, schools, fire and police protection are much higher per capita in low density areas than in more urban areas. Concentration of new development in areas with adequate levels of service for public facilities will create a more effective and efficient utilization of man-made and natural resources and encourage the full use and immediate expansion of existing public facilities while protecting large areas of the natural environment from encroachment. The concentration of new development in areas with adequate levels of service will also fulfill the requirement of subsection 9J-5.006(3)(b)7 to discourage urban sprawl. FLUE, page 7. Protection of Natural Resources Under Plan The Data and Analysis link effective land use planning with the protection of the County's natural resources and preservation of County residents' quality of life: . . . growth will continue to challenge and threaten the natural environment as daily development decisions confront the long-range need to preserve and protect irreplaceable natural environmental systems. Unplanned, rapid population growth will degrade the unincorporated county's environment. Development will encroach upon valuable wellfields and wildlife habitat and may further pollute the County's freshwater aquifers. One of the County's major needs is to assure the protection and viability of green open spaces and environmentally significant areas, which are crucial to the community's quality of life and economic health. The unincorporated County's potential to maintain and improve the quality of life for its residents will be contingent upon its ability to adequately serve existing and future demands for services. FLUE, page 7. 6. Protection of Agriculture Under Plan The Data and Analysis contain a position paper concerning agricultural issues. The paper reports that agriculture is the County's single largest industry, and Hillsborough County is the third largest agricultural county in the state. According to the position paper, the trend in agriculture in Hillsborough County has been toward increased productivity through improved technology and transition to the production of more profitable commodities. The position paper argues that the viability of agriculture is not dependent upon the maintenance of low residential densities to discourage the conversion of agricultural land to residential uses. Advocating reliance upon free-market forces to maintain the competitiveness between agricultural and residential uses, the position paper concedes that a density of one dwelling unit per five acres is "not low enough to discourage sale of the property for five acre ranchettes[, which] promote high consumption of land for housing and remove the land for agricultural production." FLUE Background Document, page XLVII. Plan Provisions The FLUM The subject cases present two problems regarding the FLUM. The first problem is to identify what constitutes the FLUM. The second problem is to determine the significance of one of the major designations on the FLUM: Environmentally Sensitive Areas. In its proposed recommended order, the County asserts that the FLUM consists of a series of maps. 9/ This assertion is groundless. Neither the Plan nor the adoption ordinance provides any basis whatsoever for finding that the FLUM comprises all of the maps and figures contained in Sierra Club Exhibit A local government must adopt operative provisions, such as a FLUM or goals, objectives, or policies. Hillsborough County did not adopt all of the Oversized Maps or the maps and figures in the two-volume compilation of the Plan. Hillsborough County adopted the Plan in Ordinance No. 89-28. The ordinance delineates the scope of the operative provisions of the Plan by noting that the Data and Analysis, or "background information," are not part of the operative provisions of the Plan: Material identified as background information in the Table of Contents for each Element, including data, analysis, surveys and studies, shall not be deemed a part of the Comprehensive Plan as provided in Subsection 163.3177(8), Florida Statutes. The Plan clearly includes among its operative provisions a FLUM. Several provisions describe the role of the FLUM and, in so doing, help identify what the County adopted as the FLUM. In the Introduction to the FLUE, the Data and Analysis state: "The policies of [the FLUE] are presented in written form, and they are graphically represented on the Future Land Use Map." FLUE, page 5. The Data and Analysis elaborate: The [FLUE] consists of two parts: Goals, Objectives and Policies; and a Future Land Use Map (Land Use Graphic), a copy of which is attached, and incorporated hereby by reference. FLUE, page 11. Operative provisions of the Plan likewise recognize the FLUM and its role as part of the operative provisions of the Plan. For instance, the Plan Implementation section of the FLUE begins: The primary tool of implementation for the [FLUE] are the Future Land Use Map and the Land Use Plan Categories. These are followed by other implementation tools that further define the intent of the Future Land Use Map and the Land Use Plan Categories. They include: locational criteria for neighborhood commercial uses; criteria for development within designated scenic corridors; and density credits. The Future Land Use Map is a graphic illustration of the county's policy governing the determination of its pattern of development in the unincorporated areas of Hillsborough County through the year 2010. The map is adopted for use as an integral part of the [FLUE]. It depicts, using colors, patterns, and symbols, the locations of certain land uses and man-made features and the general boundaries of major natural features. The Future Land Use Map shall be used to make an initial determination regarding the permissible locations for various land uses and the maximum possible levels of residential densities and/or non-residential intensities, subject to any special density provisions and exceptions of the [FLUE] text. Additionally, each regulation or regulatory decision and each development proposal shall comply with all applicable provisions within the . . . Plan. FLUE, page 54. The Legal Status of the Plan section of the FLUE adds: The Future Land Use Map is an integral part of this [FLUE], and it shall be used to determine the permissible locations for various land uses and the maximum possible levels of residential densities and/or non- residential intensities. The goals, objectives and policies of this [FLUE] shall provide guidance in making these determinations. FLUE, page 129. The FLUM at least includes a multicolor map entitled 2010 Land Use Plan Map. The multicolor map depicts the location of various future land uses, man-made features, and natural resources. The importance of the multicolor map is underscored by its relatively large scale of 1" = 1 mile. The only maps drawn on such a large scale are a black and white copy of the multicolor map and a green map, which is discussed below. The Oversized Maps discussed in this recommended order are drawn to a scale of 1" = 2 miles. The question remains, however, whether the FLUM includes maps or figures in addition to the multicolor map. The FLUE defines the FLUM as: The graphic aid intended to depict the spatial distribution of various uses of the land in the County by land use category, subject to the Goals, Objectives, and Policies and the exceptions and provisions of the [FLUE] text and applicable development regulations. FLUE, page 137. Consistent with the discussion of the FLUM contained in the Plan Implementation section of the FLUE, the multicolor map is the only map that depicts future land uses by colors, patterns, and symbols. No other map uses colors except for CARE Figure 20, which is the Natural Systems and Land Use Cover Inventory. CARE Figure 20 is obviously an ELUM with no designation of future land uses. With the exception of the green map discussed below, no other map uses any color whatsoever. The above-cited Plan references to the FLUM are in the singular. The FLUM is identified in the singular throughout the Data and Analysis set forth in the two-volume compilation of the Plan. See, e.g., FLUE pages 55, 56, 69, 70, 75, 94, and 137. 10/ With one exception, operative provisions of the Plan also refer to the FLUM in the singular. See, e.g., FLUE Policies A-3.2, B- 6.2, B- 6.7, B-7.9, and C-31 and Coastal Policy 7.1. But see CARE Policy 19.8, which requires the County to identify "Resource Protection Areas" on the Future Land Use Map "series." DCA referred to a single FLUM when DCA issued the Objections, Recommendations, and Comments (ORC) concerning the Plan as first transmitted. The County prepared detailed responses to the objections, recommendations, and comments. Three responses refer at length to the FLUM and refer to it in the singular, rather than as a map series. Hillsborough County Exhibit 35, responses 4, 8, and 26. Response 29 to the ORC answers the objection that the FLUM (in the singular) omits existing and planned waterwells, the cones of influence for such waterwells, and wetlands. The response states: Cones of influence have not been identified for Hillsborough County. Objective 5 of the [CARE] and its subsequent policies outline the County's strategy with regard to protecting its wellfields. Because of the multitude of wetlands in Hillsborough County and the lack of exact mapping capability, the "E" area on the land use plan map is indicative of major areas of hydric soils (per USDA Soil Conservation Services, Soil Suitability Atlas for Hillsborough County, Florida) of a scale to be seen on the map. Actual wetlands must be delineated by the Environmental Protection Commission of Hillsborough County prior to site development. Minerals and Soils are indicated on Figures 9 and 10 of the [CARE] of the Plan. The rest of the parameters will all be included on the revised existing land use map. Despite the confusion in the last two sentences of the response between the nature of ELUM's and FLUM's, the response is consistent in its presumption of a single FLUM, rather than a map series. Until the commencement of Plan litigation, 11/ the County did not consider the FLUM to be more than the multicolor map. Repeatedly, the County had opportunities--outside of the Plan and adoption ordinance--to identify the FLUM. Repeatedly, the County did not confer the FLUM status upon any map other than the multicolor map. Oversized Map 18 is an important example of the Plan identifying a map, but not adopting it as part of the FLUM. Describing Oversized Map 18, CARE Policy 5.8 states: By 1993, the County shall have developed and implemented a comprehensive wellfield protection program, which includes but is not limited to the determination and mapping of zones of contribution (also known as cones of influence) surrounding public wellfields and the adoption and implementation of a wellfield protection ordinance which protects these areas. In the interim, the County shall use the best available information to identify these areas. See map 18, Interim Wellfield Protection Areas . . .. CARE Policy 5.8 assigns Oversized Map 18 to the Data and Analysis, rather than the operative part of the Plan. The County's intent to relegate Oversized Map 18 to the Data and Analysis is restated in the March 14, 1990, cover letter from the County Planning Director transmitting the settlement amendments to DCA. The letter states: "The documents are incorporated by reference for background for informational purposes only." Oversized Map 18 is the first of the listed documents. The Plan deals similarly with other maps and figures; as better information becomes available, the graphic aids that are part of the Data and Analysis may change--without the requirement of a Plan amendment. For example, CARE Policy 5.2 mentions the DRASTIC maps, which indicate areas susceptible to groundwater contamination. In language similar to CARE Policy 5.8, Policy 5.2 states that the County will use the "best available information" concerning groundwater contamination areas and then mentions the graphic aid. Another possible FLUM is a black-and-white map with green and dotted green areas on a scale of 1" = 1 mile. The green colors are overlaid on a black-and-white version of the multicolor map. The green map contains a special legend for the green areas. The solid green areas depict "Environmentally Sensitive Areas." The dotted green areas depict "Environmentally Sensitive Areas Which Are Potentially Significant Wildlife Habitat." Notwithstanding the many references to the FLUM in the singular, the Plan anticipates the possible amendment of the FLUM or the addition of an overlay to show the location of Environmentally Sensitive Areas. CARE Policy 14.2 states: By 1991, the County shall identify and map natural plant communities which are determined to provide significant wildlife habitat in Hillsborough County. The natural systems and land use cover inventory map ([CARE] Figure 20), produced by the Florida Game and Freshwater Fish Commission, shall serve as the basis for this effort. Areas of significant wildlife habitat shall be indicated as environmentally sensitive areas on the Future Land Use Map or map overlay. The green map may be the map or overlay promised by CARE Policy 14.2. 12/ However, for purposes of these cases, the green map is not part of the FLUM. The green map had not been adopted by August 1, 1991, or even by the time of the final hearing. Transcript, pages 1095 and 1105; County's Proposed Recommended Order, Paragraph 180. In view of the considerable confusion surrounding the Environmentally Sensitive Areas designation, as explained below, it would be unfair to overlook this fact and treat the green map as part of the operative provisions of the Plan. Because of the clear understanding that the Plan included only amendments through August 1, 1991, the parties presumably did not take the opportunity to litigate the significance of the designations contained on the green map. Even though the County did not adopt the green map as part of the FLUM, for the purpose of these cases, it remains necessary to consider the effect of the Environmentally Significant Areas designation. The designation is found on the multicolor map (i.e., the FLUM) as well as the green map. Also, the green map is an important part of the Data and Analysis. The problem is to determine what does it mean for an area to bear the designation of Environmentally Significant Areas. Part of the confusion surrounding the Environmentally Significant Areas designation is due to its dual nature as an overlay, like Scenic Corridors, and underlying designation, like Suburban Density Residential or Light Industrial. An overlay typically depicts an area that, notwithstanding its underlying designation, is subject to special land use conditions in the Plan. Any underlying designation may and usually is subject to other provisions of a comprehensive plan, but an overlay ensures that these conditions are not overlooked and may elevate them in importance. The Environmentally Significant Areas designation on the multicolor map is never an overlay. For each area on the multicolor map designated Environmentally Significant Areas, there is no other designation. For this reason alone, the Environmentally Significant Areas designation itself should regulate land uses in some meaningful fashion; otherwise, areas so designated would lack generally applicable guidelines concerning permissible densities and intensities. However, according to the County Planning Director, the Environmentally Significant Areas does not regulate land uses. The Planning Director prepared a cover letter dated September 4, 1991, to DCA accompanying the first round of Plan amendments in 1991. The letter explains why the County was amending the Plan to redesignate certain County-owned, environmentally sensitive land from Environmentally Significant Areas to Natural Preservation. The letter states: We still recommend that these areas be changed to Natural/Preservation, since the "E" [Environmentally Significant Areas] designation is an identification only land use category to indicate that environmentally sensitive lands may be located on site. However, that category in and of itself does not regulate land uses on a site. The Natural/Preservation category is very restrictive and does not permit development on a site. Sierra Club Exhibit 1. From the letter, it appears that the County's intent was to use the Environmentally Sensitive Areas designation merely to indicate the general location of critical natural resources, rather than to assign specific densities and intensities. In other words, the Environmentally Sensitive Areas designation was to be merely an overlay showing some of the natural resources required by Chapter 9J-5 to be shown on the FLUM. If any land use restrictions applied to land with an Environmentally Sensitive Areas overlay, the Planning Director's letter implies that the restrictions were not imposed by textual Plan provisions defining land uses under the Environmentally Sensitive Areas designation. Under this interpretation, land use restrictions could be imposed by textual Plan provisions that, although never mentioning Environmentally Sensitive Areas, govern natural resources included within such areas, such as wetlands, wildlife habitat, or sand pine scrub habitat. Clearly, the Planning Director is correct in writing that one purpose of the Environmentally Significant Areas designation is to indicate the location of environmentally sensitive lands. The real question is whether the Planning Director is correct in his assertion that the Environmentally Sensitive Areas designation is merely locational and not regulatory. This would mean that all of the land designated Environmentally Significant Areas on the multicolor map bears only a designation indicative of the location of certain natural resources, but lacks an effective, generalized land use designation. The Plan defines Environmentally Sensitive Areas; in fact, it does so twice. The CARE defines "Environmentally Sensitive Areas" as: Lands which, by virtue of some qualifying environmental characteristic (e.g. wildlife habitat) are regulated by either the Florida Department of Natural Resources, the Florida Department of Environmental Regulation, the Southwest Florida Water Management District, or any other governmental agency empowered by law for such regulation. These include Conservation and Preservation Areas as defined in the [CARE]. CARE, page 97. The CARE defines "Conservation Areas" as: Environmentally sensitive areas which include the following: --Natural shorelines (other than those included in preservation areas); --Class III Waters; --Freshwater marshes and wet prairies; --Sand-pine scrub; --Hardwood swamps; --Cypress swamps; --Significant wildlife habitat. CARE, page 96. The CARE defines "Preservation Areas" as: Environmentally sensitive areas which include the following: --Aquatic preserves; --Essential wildlife habitat; --Class I and II Waters: --Marine grassbeds; --Coastal strand; --Coastal marshes; --Mangrove swamps; and --State wilderness areas. CARE, page 99. "Significant wildlife habitat" is "[c]ontiguous stands of natural plant communities which have the potential to support healthy and diverse populations of wildlife and which have been identified on the Florida Game and Freshwater Fish Commission natural systems and land use cover inventory map." CARE, page 100. "Essential Wildlife Habitat" is "[l]and or water bodies which, through the provision of breeding or feeding habitat, are necessary to the survival of endangered or threatened species, or species of special concern." CARE, page 97. The FLUE defines Environmentally Sensitive Areas as: This land use category is used to designate those major, privately owned lands which are environmentally sensitive. These areas include Conservation Areas and Preservation Areas, as defined in the [CARE]. Development in these areas may be is [sic] restricted by federal, state, and/or local environmental regulations. Development projects will be evaluated for compliance with the [CARE] and [Coastal Element]. The Environmentally Sensitive Area designations on the Future Land Use Plan map are very generalized, and include primarily wetland areas. The designations are not exhaustive of all sites. On-site evaluation will be necessary for specific project review. Development in these areas is subject to the Goals, Objectives and Policies of the [FLUE], [CARE], and [Coastal Element], applicable development regulations, and established locational criteria for specific land use. FLUE, page 136-37. The Land Use Plan Categories section of the FLUE 13/ does not repeat the typographical error in the preceding Plan provision, in which the Plan warns that development in Environmentally Sensitive Areas "may be is" restricted by federal, state, or local law. The definition of the Environmentally Sensitive Areas designation in the Land Use Plan Categories section omits the "is," implying more strongly that some development may take place on Environmentally Sensitive Areas. FLUE, page 126. The Land Use Plan Categories section of the FLUE equates in two respects the Environmentally Sensitive Areas designation with the Natural Preservation, Scenic Corridors, Major Recreation and Open Space, and Major Public/Semi-Public designations. In each of these five designations, residential densities and commercial or industrial intensities (expressed as maximum floor area ratios) are "not applicable." For the Natural Preservation, Major Recreation and Open Space, and Major Public/Semi-Public designations, the "not applicable" statement reflects the fact that residential, commercial, and industrial uses are prohibited by the land use designation in question. However, for the Scenic Corridors designation, which operates more as an overlay, the Plan provides no such prohibition, instead requiring special attention to aesthetic features of development in these areas. Thus, the "not applicable" language applicable to the Environmentally Sensitive Areas designation does not answer the question whether the designation is regulatory or merely locational and, if the former, what land uses are thereby regulated and how. The question whether the Environmentally Sensitive Areas designation operates as a locational overlay, as suggested by the Planning Director's letter of September 4, 1991, seems to be answered by the Table of Residential Densities in the Implementation section of the FLUE. For the Scenic Corridor designation, the Table of Residential Densities indicates that the maximum residential density allowed is, instead of a ratio, "Overlay--Scaled to Area." But for the Environmentally Sensitive Areas designation, the Table of Residential Densities states that "no residential uses [are] allowed" for Environmentally Sensitive Areas. FLUE, page 62. The Table of Residential Densities gives the same response for the Natural Preservation, Major Recreation and Open Space, and Major Public/Semi-Public designations. The failure of the Table of Residential Densities to assign any residential density to Environmentally Sensitive Areas is not inadvertent. The Data and Analysis indicate that, in calculating density allocations, the vast acreage designated Environmentally Sensitive Areas was not given any residential density. In the FLUE Background Document at page XXVIII, a table listing all of the FLUM designations shows no density for the 81,880 acres of Environmentally Sensitive Areas, which account for 13.64% of acreage of the County and is the second largest designation following 89,267 acres designated Agricultural/Rural. The density allocation table preceding page XXX contains no entry for Environmentally Sensitive Areas, although much if not all of the area so designated is vacant (or as the County classifies land, vacant or agricultural). The omission of residential uses in Environmentally Sensitive Areas, as contained in the Table of Residential Densities, suggests that the designation carries a regulatory force beyond the locational character identified by the Planning Director in his letter of September 4, 1991. Natural resources included within the definition of Environmentally Sensitive Areas are wetlands, sand pine scrub, wildlife habitat essential for the breeding or nesting of endangered, threatened, or special-concern species, and contiguous stands of natural plant communities with the potential to support healthy and diverse communities of wildlife. Some of these natural resources are not themselves unconditionally protected by textual Plan provisions. But if the Environmentally Sensitive Areas containing these natural resources are not assigned any residential uses, as the Table of Residential Densities implies, then the designation itself must preclude the conversion of these sensitive areas to residential uses. On the other hand, the textual Plan provisions contemplate some development of Environmentally Sensitive Areas because of various provisions requiring compensatory replacement following the loss of the natural resources to development. Despite implying that development in Environmentally Sensitive Areas may be permitted, as long as it complies with Plan provisions, the Land Use Plan Categories section of the FLUE states that the typical use of areas designated as Environmentally Sensitive Areas is "Conservation." Although not the same typical use as that set forth for Natural Preservation areas, which are limited to "Open space or passive nature parks," the definition of "Conservation Uses" is restrictive: Activities within land areas designated for the purpose of conserving or protecting natural resources of environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitat. FLUE, page 135. At times in the Plan, the Environmentally Sensitive Areas designation appears to be merely locational. At times, the Environmentally Sensitive Areas designation appears to be regulatory. In the latter case, portions of the Plan suggest that the designation prohibits development, and portions of the Plan suggest only that the designation, standing alone, carries with it some degree of protection from development. FLUE Policy A-8.2 says as much: "Development shall be required to protect the Conservation and Preservation areas " But even if the Plan were interpreted to impose a regulatory functional upon the Environmentally Sensitive Areas designation, the failure of the Plan to specify clearly the land use restrictions generally applicable to the designation leaves open to doubt the land uses permitted on over 13% of Hillsborough County. And if some residential development were permitted in areas designated Environmentally Sensitive Areas, then the density allocation ratios have been calculated without regard to the density-bearing capacity of over 13% of the County. The FLUE definition of Environmentally Sensitive Areas, which states that development "may be is" restricted in such areas, may represent a unique, though inadvertent, disclosure of the County's ambivalence toward the degree of protection to extend to Environmentally Sensitive Areas. Perhaps in the belief that land use restrictions for Environmentally Sensitive Areas would emanate from federal, state, regional, or even other local governmental entities, 14/ the County has left to speculation the meaning of the critically important Environmentally Sensitive Areas designation. The only clear significance of the Environmentally Sensitive Areas designation is the role of areas bearing such a designation in calculating residential densities or commercial or industrial intensities. The acreage on which residential densities are calculated does not generally include Conservation or Preservation Areas or water bodies. (As noted above, Environmentally Sensitive Areas designation "include[s]" Conservation and Preservation Areas.) But the calculation of gross residential density may include acreage consisting of certain man-made waterbodies and certain Conservation and Preservation Areas. The qualification for Conservation and Preservation Areas is that the maximum area of such land (or wetland) is 25% of the total residential acreage. FLUE, pages 64-66. A similar provision applies for the calculation of floor area ratios or gross nonresidential intensity. FLUE, pages 67- 68. Illustrations in the FLUE apply the density formula described in the preceding paragraph. For example, if the proposed project consists of 80 acres, including 20 acres of land (or wetland) designated Environmentally Sensitive Areas, the total acreage upon which residential densities could be calculated would be 75 acres. This result is reached by starting with the 60 acres of proposed residential use that are not designated as Environmentally Sensitive Areas. Twenty-five percent of 60 acres is 15 acres, which is the maximum acreage designated Environmentally Sensitive Areas that is eligible to be included in the calculation of gross residential density. The designation given the 60 acres would allow a density, such as 4:1, which, when applied to 75 acres, yields 300 dwelling units. The implied presumption of the density formula--stated nowhere in the Plan--is that areas designated Environmentally Sensitive Areas acquire their actual land use restrictions, in terms of densities or intensities, from the adjoining lands. The intent of the density credit allowed for areas designated Environmentally Sensitive Areas is to protect the subject natural resources. FLUE Policy A-8.4 provides for density credits for development that is "sensitive to, preserves and maintains the integrity of wetlands [and] significant wildlife habitat." Again, though, the degree and type of protection are unclear. The density formula may be interpreted to prohibit inferentially any disturbance of Environmentally Sensitive Areas. In other words, the Environmentally Sensitive Areas acreage used in calculating the density bonus or perhaps the entire Environmentally Sensitive Areas acreage (even if some acreage were excluded from the calculation due to the 25% limitation) could not be disturbed by development. However, another interpretation is possible. The density formula, which is mandatorily imposed on all proposed projects containing Environmentally Sensitive Areas, does not, by its terms, prescribe where the resulting development is to be located. In the example above, the density formula effectively reduced the density of a project by 20 dwelling units (80 acres X 4 vs. 75 acres X 4). But the formula does not explicitly prohibit the location of some of the 300 permitted units in areas designated as Environmentally Sensitive Areas. 15/ If the Environmentally Sensitive Areas designation does not prohibit development, some degree of protection would be theoretically possible by reducing the actual density occupying the parcel containing Environmentally Sensitive Areas while still not actually prohibiting the location of dwelling units on all Environmentally Sensitive Areas. It is difficult to infer from the density formula whether the Environmentally Sensitive Areas designation is intended to prohibit the development of areas so designated or, if not, to what extent the designation restricts development of such areas. If the Environmentally Sensitive Areas designation does not regulate land uses so as to prohibit the development of areas so designated, the formula provides some protection to Environmentally Sensitive Areas by increasing the chance that such areas may be less densely populated, but also supplies the basis on which densities or intensities for areas designated Environmentally Sensitive Areas are to be inferred. If the Environmentally Sensitive Areas designation regulates land uses so as to prohibit the development of areas so designated, the formula can be interpreted as providing some compensation by allowing the use of some of the foregone development rights in adjoining areas under common ownership that are not designated as Environmentally Sensitive Areas. The question whether the density formula, as well as the closely related intensity formula, prohibit the development of Environmentally Sensitive Areas can be approached by considering another density formula. The upland forest density credit incentive, which is identified in FLUE Policy A-8.3, is described in detail in the Implementation section of the FLUE. The failure of the density formula, as well as the intensity formula, to prohibit the disturbance of Environmentally Sensitive Areas stands in contrast to the protection extended by the upland forest density credit incentive. The upland forest density credit incentive provides a bonus of 25% more density than otherwise allowed by a specific designation to the extent of the upland forest 16/ acreage preserved by the project. In other words, a 100-acre parcel designated at 1:1 might include 25 acres of upland forests within the single residential designation covering the entire 100 acres. If the proposed project preserved the 25 acres of upland forest from development, the 25 dwelling units attributable to the 25 acres are increased to 31.25 dwelling units and raise the total number of dwelling units to 106.25. Unlike the density and intensity formulas, the upland forest density credit incentive requires the landowner to record a conservation easement for the 25 acres of upland forest, so that this land may never be developed. FLUE, pages 71-73. The different approaches of the density and intensity formulas, on the one hand, and the upland forest density credit incentive, on the other hand, may arise partly from the fact that the latter formula is an incentive for which a landowner may qualify voluntarily. Upland forests would generally not be preserved by the Plan in the absence of the utilization of the upland forest density credit incentive. Regardless of their effect in preserving Environmentally Sensitive Areas, the density and intensity formulas are not optional; they are imposed whenever a proposed development contains Environmentally Sensitive Areas. Part of the discussion of the upland forest density incentive credit may shed some light on the meaning of the Environmentally Sensitive Areas designation, especially as it concerns the density and intensity formulas. The upland forest density incentive credit repeatedly refers to the density formula as involving wetlands or the protection of wetlands. Although wetlands make up a substantial part of the Environmentally Sensitive Areas, numerous uplands also qualify as Environmentally Sensitive Areas. Qualifying uplands include significant and essential wildlife habitat, as well as sand pine scrub (which is also included as an upland forest). Possibly the County incorrectly assumed that the Environmentally Sensitive Areas designation was limited to wetlands, or perhaps the designation was so limited in an earlier draft of the Plan. In either event, the County may have assumed that federal, state, regional, and other local restrictions against disturbing wetlands would effectively prevent the development of such Environmentally Sensitive Areas, or at least clearly regulate the extent to which such areas could be disturbed. As noted above, however, the Plan itself must supply such regulation through a generalized land use designation. The Environmentally Sensitive Areas designation is poorly integrated into the Plan. Plan provisions, including the density and intensity formulas, repeatedly address "wetlands" or "Conservation" or "Preservation" Areas, rather than Environmentally Sensitive Areas. If the Environmentally Sensitive Areas designation were not intended to regulate land uses and prohibit all development, but were merely locational as indicated by the Planning Director, then the Plan is deficient in failing to assign a regulatory land use designation to over 80,000 acres, or 13.64%, of the County. For these vast areas, in any event, the Plan provides no direct, and arguably not even any indirect, guidance as to what densities or intensities are permitted on Environmentally Sensitive Areas. The only conclusion that can be reasonably drawn from the Plan concerning that Environmentally Sensitive Areas designation is that it is, at least, locational. The designation shows where Conservation and Preservation Areas are located. The designation also serves to provide some protection to Environmentally Sensitive Areas through the density and intensity formulas. However, it may not be reasonably concluded that the density and intensity formulas prohibit the destruction of Environmentally Sensitive Areas by development. Nor can it be reasonably concluded that other provisions of the Plan preserve Environmentally Sensitive Areas, as such, from destruction or alteration by development. The full extent of the meaning of the Environmentally Sensitive Areas designation is lost in ambiguity. The FLUM does not identify existing and future potable water wellfields. The FLUM fails even to show the location of existing major public supply wellfields, as depicted in CARE Figure 18 and Oversized Map 18. The FLUM does not identify cones of influence for the existing wellfields to the extent known. Figures 32 and 33 of Sierra Club Exhibit 12 pertain to four wellfields located entirely in Hillsborough County and two wellfields located partly in the County. For these wellfields, which are located in the northern part of the County, Figures 32 and 33 respectively portray a wide-ranging decline in water table elevations and potentiometric surface of the Floridan aquifer due to wellfield pumpage. This information corresponds to drawdown depth of the source from which each wellfield draws its water. Even if these data sources are rejected in favor of the much more limited 200-foot protection zones outlined in Oversized Map 18, the County has failed to adopt Oversized Map 18 as part of the FLUM, as described in the preceding section. The FLUM does not identify historic resources or historically significant properties meriting protection. Oversized Maps 11 and 12 depict respectively Archaeological Sites and Historic Resources. However, these maps are not part of the FLUM. The FLUM does not depict the 100 year floodplain. Oversized Map 9 depicts the 100 year floodplain, massive amounts of which lie outside the future land use designations of Environmentally Sensitive Areas and Natural Preservation. But Oversized Map 9 is not part of the FLUM. The FLUM does not depict the minerals and soils of the County, except to the extent that minerals are contained in a general land use designation. CARE Figure 9 depicts soils and mine pits. Oversized Maps 8 and 10 also depict soils and mine lands. However, these maps are not part of the FLUM. The FLUM depicts wetlands. The designation of Environmentally Sensitive Areas on the FLUM (i.e., the multicolor map) includes wetlands. The FLUM depicts public facilities under the category of Major Public/Semi-Public and Electric Power Generating Facilities. The former category shows the location of, among other things, "churches, hospitals, schools, clubs and utility and transportation facilities." FLUE, page 122. The Plan Natural Resources CARE Objective 2 is: By 1995, the water quality of natural surface water bodies in Hillsborough County which do not meet or exceed state water quality standards for their designated use shall be improved or restored. CARE Policy 2.1 provides: The County shall not support the reclassification of any surface water body within County boundaries to acknowledge lower water quality conditions, unless necessary to protect the public health, safety or welfare. Where economically feasible, the County shall support the reclassification of surface water bodies to accommodate higher standards, where it can be demonstrated that improved water quality conditions will prevail in the future. The CARE defines "economically feasible" as follows: "Where the benefit to the public outweighs the cost of the action, and is within the County's capability to fund." CARE, page 96. CARE Policy 2.2 addresses the problem of wastewater discharges: The County shall require that all domestic wastewater treatment plans discharging effluent into Tampa Bay or its tributaries provide advanced wastewater treatment, or if specific alternative criteria developed by the Surface Water Improvement and Management Program can only be met by removing a surface water discharge, such a program shall be implemented, where economically feasible and in accordance with Policy 2.3 below. CARE Policy 2.3 requires the County to "continue to develop and promote environmentally acceptable effluent disposal alternatives to surface water discharge, including, but not limited to, reuse for irrigation and industrial purposes." Dealing with the problem of short-term solutions to sewage disposal, CARE Policy 2.4 states: To reduce the need for interim domestic wastewater treatment plants, the County shall plan for the construction of regional wastewater treatment facilities to serve areas designated for higher densities in the . . . Plan. CARE Policy 2.6 provides that, "where economically feasible," the County "shall provide improved domestic wastewater treatment service to developed areas where persistent water quality problems are clearly attributable to poorly functioning septic treatment systems." CARE Policy 2.7 further addresses the issue of septic tanks by providing that, by 1990, the County shall "request or initiate" agreements with third parties to develop "scientifically defensible siting criteria, performance standards, and density limitations for septic systems, to ensure protection of surface water quality." The policy adds that the County shall "request . . . special criteria and standards . . . for those septic systems to be located in areas adjacent to Class I and Class II Waters and Outstanding Florida Waters." The policy concludes with the promise that, within one year after the development of the criteria and standards, the County "shall amend appropriate development regulations" accordingly. CARE Policy 2.8 provides in part: Where economically and environmentally feasible, [a nutrient monitoring and control program for agriculture to be developed after 1995] shall require the implementation of Best Management Practices for controlling nutrient loadings, including retrofitting if needed to meet specific alternative criteria as established by the Surface Water Improvement and Management Program. The CARE defines "environmentally feasible" as follows: "Where the physical conditions or the necessity to protect natural resources do not preclude the action." CARE, page 97. CARE Policy 2.10 states: By 1991, the County shall require that existing developments planned for expansion, modification or replacement provide or support stormwater treatment improvements within the affected drainage basin where treatment facilities are lacking. Where economically and environmentally feasible, the County shall require retrofitting of stormwater treatment facilities in urbanized areas lacking such facilities. CARE Objective 3 is "no net loss of wetland acreage." The objective requires the County to "seek to achieve a measurable annual increase in restored wetland acreage," which shall be achieved by 1995 "through the restoration of degraded natural wetlands, until all economically and environmentally feasible wetland restoration is accomplished." CARE Policy 3.1 states that the County shall "continue to conserve and protect wetlands from detrimental physical and hydrological alteration and shall continue to allow wetland encroachment only as a last resort when reasonable use of the property is otherwise unavailable." CARE Policy 3.2 provides in part: Channelization or hardening (e.g., paving, piping) of natural streamcourses shall be prohibited except in cases of overriding public interest. The CARE defines "overriding public interest" as: "Actions required by local, state, or federal government, necessary for the promotion of public safety, health or general welfare." CARE, page 99. CARE Policy 3.6 is for the County to continue to promote through the development review process the use of desirable native wetland habitat species for the creation of wetland habitat and for biologically enhancing filtration and treatment of pollutants in newly constructed stormwater retention and detention ponds. CARE Objective 4 is: The County shall continue to prevent net loss of 100-year floodplain storage volume in Hillsborough County. By 1995, the County shall protect and conserve natural wildlife habitat attributes where they exist within the 100-year floodplains of major rivers and streams. CARE Policy 4.1 is for the County to amend its floodplain management regulations to "protect natural floodwater assimilating capacity [and] also protect fish and wildlife attributes where they exist within the 100-year floodplains of riverine systems." CARE Objective 5 is for the County to ensure compliance with state groundwater standards. CARE Policy 5.2 provides that, until the Southwest Florida Water Management District maps high aquifer recharge/contamination potential areas at a sufficient resolution, the County shall consider the best available hydrogeological information (e.g. SWFWMD DRASTIC maps), and may require the collection of site specific hydrogeologic data, such as soils borings and differences in head between the upper aquifers, when assessing the impacts of proposed land use changes and developments in areas of suspected high aquifer recharge/contamination potential. When required, this information shall be used in the determination of land use decisions, on a case-by-case basis. CARE Policy 5.5 refers to the high resolution mapping of recharge/contamination areas, as well as a study that the County will request the Southwest Florida Water Management District to conduct as to the effect of impervious surfaces on recharge. The policy states that, within one year after these tasks are completed: The County shall develop a comprehensive set of land use development regulations and performance standards for development activities proposed within areas of high aquifer recharge/contamination potential. Such regulations and performance standards may include, but not be limited to, control of land use type and densities, impervious surface limitations, and discharge to groundwater controls. CARE Policy 5.8 focuses on a wellfield protection program, which shall be "developed and implemented" by 1993. The task shall include the "determination and mapping of zones of contribution (also known as cones of influence) surrounding public wellfields and the adoption and implementation of a wellfield protection ordinance which protects these areas." In the meantime, CARE Policy 5.8 requires the County to use the best available information to identify these areas [cones of influence]. See map 18, Interim Wellfield Protection Areas for Public Water Supply Wells in Unincorporated Hillsborough County, Florida (Zones of Contribution Map). The County shall also adopt and implement an interim ordinance which sets forth a procedure, using the best available information, for reviewing development proposals which might adversely impact the zones of contribution surrounding public wellfields. CARE Policy 5.9 states: Through the land development review process, the County shall continue to regulate activities which would breach the confining layers of the Floridan aquifer by prohibiting land excavations that would breach the confining layers. CARE Policy 5.11 is identical to CARE Policy 2.7 except that CARE Policy 5.11 deals with groundwater pollution, rather than surface water pollution, and CARE Policy 5.11 provides that the County shall request the development of special septic-tank siting criteria and standards for areas of "demonstrated high recharge/contamination potential." CARE Policy 5.13 is for the County to "increase requested assistance" from the Southwest Florida Water Management District to ensure that excessive consumptive use of groundwater or excessive drainage does not "significantly lower water tables or surface water levels, reduce base flows, or increase current levels of saltwater intrusion." CARE Policy 5.15 prohibits the County from supporting the use of deep-well injection of effluent or waste disposal "except where it can be demonstrated that the capacity for receiving injection is sufficiently large and that such disposal will have no adverse effect upon existing or potential potable water aquifers." CARE Objective 6 is for the County to meet future water needs through the "conservation, reuse, and enhancement of groundwater and surface water supplies, and shall prevent significant environmental degradation due to excessive groundwater withdrawals." CARE Policy 6.1 is for the County to request that the Southwest Florida Water Management District and WCRWSA develop a regional water budget to calculate more accurately water supplies and demands. CARE Policy 6.2 is for the County, by 1992, to "adopt and implement a Water Reuse Ordinance which maximizes the use of treated sewage effluent for residential and recreational irrigation purposes, where such reuse can be demonstrated to be environmentally acceptable and no threat to public health." CARE Policy 6.4 is: The County shall require the use of the lowest quality water reasonably and feasibly available, which is safe for public health and the environment and suitable to a given use, in order to reduce the unnecessary use of potable water. CARE Policy 6.8 is for the County, by 1992, to develop, in cooperation with the Southwest Florida Water Management District, a water conservation program, including enforcement of specific building code requirements for water saving devices. CARE Policy 6.9 is for the County, by 1992, to evaluate the implementation of a user fee rate for potable water in order to discourage nonessential uses of potable water. CARE Policy 6.10 requires that the County, "through the land development review process, restrict the substantial lowering of the water table to meet stormwater treatment or storage requirements." CARE 6.11 requires that the County, "through the land development review process, . . . promote the use of xeriscape landscaping and low-volume irrigation " CARE Policy 6.12 is for the County, by 1995, to develop legal and financial mechanisms "to purchase, to the extent reasonably feasible, development or mineral rights, easements and partial or complete title to lands necessary to safeguard the public water supply." Suggested mechanisms include the transfer of development rights and tax benefits. CARE Policy 6.13 addresses groundwater recharge and stormwater management: By 1992, a program to improve groundwater recharge through the use of private and public stormwater management facilities will be developed and implemented. This program may require, among other things, that predevelopment groundwater recharge volumes and rates be maintained on site after development, if the site is located in an area of known or identified average annual aquifer recharge potential of at least two surface inches of water; and will include restrictions on the lowering of groundwater levels to meet stormwater management regulations. In the interim, where practical, and where feasible from a water quality standpoint, new development will be encouraged to consider retention of stormwater rather than stormwater detention in these areas. CARE Objective 7 is for the County to "continue to provide opportunity for and require the prudent operation of mining activities " CARE Policy 7.1 requires "sequential land use" in mineral-rich areas. The CARE defines "sequential land use" as "[a] practice whereby lands overlaying valuable mineral resources are protected from intensive urban development until such minerals can be mined, and that land reclaimed for a viable economic use." CARE Policy 7.2 requires the "phasing of mineral extraction to ensure that limited land areas are affected by excavation and settling ponds at one time and that reclamation occurs in the most effective manner." CARE Policy 8.1 requires the County, by 1991, to "identify environmentally sensitive areas which are not capable of being effectively restored following mineral extraction." CARE Policy 8.2 provides: The County shall restrict mining in areas which are ecologically unsuitable for the extraction of minerals, as identified in the natural systems and land use cover inventory, unless it can be demonstrated that such areas can be effectively restored utilizing the best available technology. CARE Policy 8.3 states: The County shall continue to prohibit mineral extraction within the 25-year floodplain, and shall restrict mining activities in the 100- year floodplain, of rivers and streams. CARE Policy 8.4 is: By 1992, the County shall prohibit mineral extraction in essential wildlife habitats which are documented, in accordance with the terms of Objective 14 and related policies thereunder, to support threatened or endangered species, or species of special concern, and from which such species cannot be effectively relocated. CARE Policies 8.5 and 8.6 require the use of the best available technology in restoring natural land forms and vegetative communities and minimizing natural resource impacts. CARE Policy 8.8 provides that the County shall continue to require proof of "long-term financial responsibility for the reclamation of mined lands." CARE Objective 9 requires the County to "protect the public health, safety and welfare from the adverse impacts of mining activities." CARE Policy 9.1 is for the continued requirement of "appropriate setbacks" between mining and adjacent land uses. CARE Objective 10 is for the County to "continue to regulate the location and operation of land excavation to minimize negative impacts on surrounding properties, ensure that land excavations are appropriately reclaimed, and encourage the productive reuse of such areas." CARE Policy 10.1 is for the County to "continue to prohibit land excavation activities which adversely impact surface or groundwater levels on surrounding property." CARE Policy 10.2 states that the County "shall require reclamation and reuse plans to ensure environmentally acceptable and economically viable reuses of land excavations." CARE Policy 10.3 demands that the County, by 1993, require the "preparation of wetland/lake management plans for the reclamation of land excavation projects to be reclaimed as lakes to ensure that such areas become viable and productive aquatic systems." CARE Policy 10.4 is for the County to "encourage" recreational development of reclaimed land excavations. CARE Policy 10.6 states that the County shall require setbacks between land excavations and adjacent land uses to protect the public health, safety, and welfare. CARE Policy 10.7 provides that, by 1992, the County shall prohibit land excavations in "essential wildlife habitats documented in accordance with the provisions of Objective 14 as supporting endangered, threatened, [or special- concern] species and from which such species cannot be effectively relocated." CARE Objective 11 is that the County shall "continue to require soil conservation and protection during land alteration and development activities." CARE Policy 11.1 provides that, during the land development review process, the County shall "recommend" the appropriate use of soils and shall require site-specific analyses when the use appears to be incompatible with the soils. CARE Policy 11.3 states that, during the land development review process, the County shall "continue to evaluate and utilize, where appropriate, soil capability analyses for flood hazard, stability, permeability, and other relevant soil characteristics when permitting new development." CARE Objective 14 is for the County to "protect significant wildlife habitat, and . . . prevent any further net loss of essential wildlife habitat . . .." CARE Policy 14.1 promises the initiation of the development and implementation of a wildlife and wildlife habitat protection and management program. CARE Policy 14.3 requires the County, by 1993, in consultation with the Florida Game and Freshwater Fish Commission, to "identify and map areas of essential wildlife habitat." CARE Policy 14.5 compels the County, by 1991, to develop and implement a program to "conserve and protect significant wildlife habitat from development activities." The program may include transfers of development rights, clustering and setback requirements, conservation easements, leaseback operations, fee simple purchases, land or mitigation banking, and tax incentives. CARE Policy 14.6 states: By 1992, the County shall restrict development activities which adversely affect areas identified and mapped as essential wildlife habitat. Where development activities are proposed in such areas the County may require site-specific wildlife surveys and other field documentation, as needed, to assess potential impacts. CARE Policy 14.7 provides: During the land use planning and development review processes, the County shall consider the effects of development on significant wildlife habitat, to protect wildlife corridors from fragmentation. Where necessary to prevent fragmentation of wildlife corridors, the County shall require the preservation of wildlife corridors within developments. CARE Objective 15 states: Populations of threatened or endangered species and species of special concern occurring within Hillsborough County shall be maintained. Where feasible and appropriate, the abundance and distribution of populations of such species shall be increased. CARE Policy 15.1 is for the County, by 1991, to consult with and consider the recommendations of the Florida Game and Freshwater Fish Commission in determining whether to issue development orders and, if so, what conditions to impose where development would impact endangered, threatened, or special- concern species. Conditions "shall ensure the maintenance and, where environmentally and economically feasible, increase the abundance and distribution of populations of such species." CARE Objective 16 is to "continue existing programs to minimize the spread of exotic nuisance species" and implement management plans for newly acquired natural preserve lands to reduce by 90% the extent of exotic nuisance plants. The objective requires the County to "conserve and use and continue to require the conservation and use of native plant species in the developed landscape." The objective adds that the County shall "continue to protect Conservation and Preservation Areas." CARE Policy 16.2 is for the County to "continue to require the use of native plant species in the landscaping of new development projects." Respectively addressing Conservation and Preservation Areas, CARE Policies 16.5 and 16.6 provide that, "except in cases of overriding public interest," the County shall, in the land use planning and development review processes, "protect [Conservation/Preservation] Areas from activities that would significantly damage the natural integrity, character, or ecological balance of said areas." CARE Objective 17 states: By 1995, the acreage of publicly owned or otherwise protected (through private ownership) natural preserve lands in the County shall be increased by at least 15,000 acres (which is approximately 50% more than 1988 acreage). The County shall seek to continue increasing the acreage of natural preserve lands and to ensure their protection and proper use. CARE Policy 17.1 is for the County, by 1990, to seek public approval by referendum to continue to levy an ad valorem tax for the acquisition of environmentally sensitive lands. CARE Policy 17.6 requires the County to provide multiple-use opportunities for County-owned natural reserve lands so as to protect and conserve natural resources. CARE Policy 17.8 requires the County, during the land use planning and development review processes, to "restrict incompatible development activities adjacent to publicly owned or managed natural preserves." CARE Objective 18 provides: The County shall seek to measurably improve the management of all natural preserves within County boundaries by implementing the following policies[.] CARE Policy 18.2 is for the County to initiate with the Florida Department of Natural Resources an agreement "to ensure that the Cockroach Bay Aquatic Preserve is maintained in its essentially natural condition and protected from development that would adversely affect the environmental integrity of the Preserve." CARE Policy 18.3 is for the County to "establish a scientifically defensible protective buffer zone between the Cockroach Bay Aquatic Preserve and adjacent upland land uses to prevent degradation of water quality and aquatic vegetative habitats." CARE Policy 18.8 requires the County to "participate" with the Florida Department of Natural Resources to "fully implement the Cockroach Bay Aquatic Preserve Management Plan " CARE Objective 19 states: The County shall continue to amend land development regulations which ensure the protection of the attributes, functions and amenities of the natural environment under all projected growth scenarios. CARE Policy 19.1 is for the County, by 1991, to initiate agreements with the Southwest Florida Water Management District or appropriate university to scientifically determine environmentally safe construction setback and buffer distances from wetlands, floodplains and water bodies (e.g. SJRWMD Wekiva River study). Within one year after completion of this study, the County shall use the results of the study to amend the County's Land Alteration and Landscaping Ordinance and Zoning Code, if such setbacks and buffer distances are determined to be warranted by the study. Until such study is completed and used to amend County ordinances, all current setbacks shall remain in effect. CARE Policy 19.2 states: By 1992, the County shall develop a comprehensive program, which may include tax incentives and transfer of development rights, to encourage the clustering of development away from environmentally sensitive areas, essential wildlife habitat or economically important agricultural or mineral resources. CARE Policy 19.3 provides: During the development review process, the County shall promote the preservation of representative examples of upland native plant communities by encouraging the use of the upland forest density credit incentive provision of the [FLUE]. CARE Policy 19.4 states that the County will consider developing a review process to provide incentives for planned unit developments that provide environmental benefits beyond what are required by law. CARE Policy 19.5 provides that the County will review its land development regulations to "better address the cumulative impact [of development] on the environment." CARE Policy 19.6 is: The County shall continue to encourage infilling and growth within identified and environmentally acceptable "activity centers," and shall discourage urban sprawl. CARE Policy 19.7 is for the County, in cooperation with the Southwest Florida Water Management District, to consider adopting appropriate modifications to current land development regulations which will reduce the removal of natural upland vegetation caused by site filling and will maintain natural drainage patterns and water table levels, where feasible. CARE Policy 19.8 states: The County shall identify Resource Protection Areas on the Future Land Use Map series. Specific policy directives which provide for special protective measures for all Resource Protection Areas, except Lake Thonotosassa, are located in one or more of the following elements: [CARE], Coastal . . ., and [FLUE]. See the definition of Resource Protection areas for both general and specific policy references. Policies which provide for special protective measures specially for Lake Thonotosassa shall be developed and included in the [Plan] after completion and approval of the Surface Water Improvement and Management Plan for Lake Thonotosassa by the Southwest Florida Water Management District. The CARE defines "Resource Protection Areas" as: Land or water bodies which are ecologically or economically significant natural resources for which special protective measures have been, or need to be established. Resource Protection Areas include the following [in each case, general citations to applicable elements of the Plan have been omitted]: --Hillsborough River and major tributaries; --Alafia River and major tributaries; --Little Manatee River and major tributaries; --Tampa Bay and associated tidal wetlands; --Cockroach Bay Aquatic Preserve; --Lake Thonotosassa; --Significant and essential wildlife habitat; --Areas of high aquifer recharge/ contamination potential; --Public potable water wellfields and their cones of influence; --Areas of major phosphate deposits. CARE, pages 99-100. Goal A of the Stormwater Element is to "[m]inimize the hazards of flooding attributable to stormwater runoff." Stormwater Element Objective 1 is to "[e]valuate the storage and discharge characteristics of existing stormwater conveyance, detention and retention systems, and identify existing and potential future flooding concerns." Stormwater Element Policy 1.1 is to complete, by 1996, a comprehensive stormwater management master plan. Stormwater Element Objective 2 is to "[d]evelop and implement programs to control flooding attributable to, and to maximize the usefulness of, stormwater runoff." Stormwater Element Policy 2.8 states: Total flood volume compensation will continue to be required for new developments which encroach into and displace 100-year flood storage or floodplain areas. Further, by [fiscal year 19]91, a program to control encroachment within 100-year flood conveyance areas will be developed and implemented. Stormwater Element Policy 2.10 provides that, by 1992, the County shall develop and implement a program to "improve groundwater recharge through the use of private and public stormwater management facilities." Stormwater Element Policy 2.11 states that new development will continue to be encouraged, through application of existing local regulations, to maintain, with minimal disturbance to natural characteristics, those streams, lakes wetlands, and estuaries for which stormwater conveyance and/or attenuation potential is significant. Stormwater Element Policy 2.15 provides: The use of detention facilities will be the preferred alternative to improving conveyance to alleviate flooding problems, where physically and environmentally practical and economically feasible. All flood control projects will seek to minimize, to the greatest extent practicable, impacts to wetland habitat, water quality and groundwater recharge functions. Where impacts are unavoidable, the projects will include measures to compensate for these lost functions. Goal B of the Stormwater Element is to "[m]inimize the degradation of water quality attributed to stormwater runoff." Stormwater Element Objective 4 is to "[i]dentify and evaluate the sources of water quality degradation which are related to stormwater runoff." Stormwater Element Objective 5 is to "[i]mplement programs that will maintain or improve the quality of stormwater runoff." Stormwater Element Policy 5.1 is to develop and begin to implement, by 1995, a program "to improve, "where economically feasible, the problem areas identified" in stormwater data- collection projects. The County will then require the use of Best Management Practices for "minimizing contributions of poor quality stormwater runoff to both groundwater and surface water bodies." Stormwater Element Policy 5.5 provides for the use of wetlands for stormwater treatment when effective pretreatment can ensure that the use of the wetlands will maintain or restore their long-term natural viability. Stormwater Element Policy 5.6 states that new stormwater management facilities may not discharge untreated stormwater runoff into the Floridan aquifer and that existing facilities that do so discharge into the Floridan aquifer will be modified where "economically feasible and physically practical." The goal of the Sewer Element is to "[p]rotect the [public] health, safety and welfare" and "protect and conserve the natural resources of Hillsborough County." Sewer Element Policy 1.1 is: Wastewater treatment facilities, prior to discharging to surface waters or natural wetlands, shall meet Advanced Wastewater Treatment standards. "Advanced Waste Treatment" is defined in the Sewer Element as "defined in Chapter 403.086, Florida Statutes or as amended in the future." Sewer Element, page 26. Sewer Element Policy 1.2 requires that "[w]astewater treatment facilities, prior to discharging to a managed artificial wetland or an irrigation system, shall meet or exceed Advanced Secondary Treatment Standards." "Advanced Secondary Treatment Standards" are defined as "[s]econdary waste treatment plus deep-bed dual media filtration." Sewer Element Objective 2 is to "[p]rotect and conserve the potable water resources, both groundwater and surface water, of Hillsborough County and continue to utilize and expand, where viable, existing recovered water reuse systems." Sewer Element Policy 2.1 requires later phases of developments with recovered water systems to use such systems. Sewer Element Policy 2.3 requires that, by 1992, the County implement by ordinance "mandatory recovered water reuse." Sewer Element Objective 7 is to "[m]inimize the possibility of existing and future sources of wastewater adversely impacting groundwater, surface waters and quality of life." Sewer Element Policy 7.1 is to "[c]ontinue to require that septic tank systems connect to the County system where a County system is available unless undue hardship is proven." Sewer Element Policy 7.2 is to "re-examine the maximum allowable density for septic tank systems within various areas of Hillsborough County" not later than one year following completion of a study presently underway pursuant to the Water Quality Assurance Act of 1983. In the same timeframe, Sewer Element Policy 7.3 requires that the County develop a "program to identify existing septic tank systems . . . that have a high potential for contaminating groundwater or the aquifer." The first goal of the FLUE is to: Ensure that the character and location of land uses optimizes the combined potentials for economic benefit and the enjoyment and the protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses, and environmental degradation. FLUE Objective A-1 is: Development orders shall not be issued unless development is compatible with the physical conditions of the land, including, but not limited to, topographical and soil conditions, and development mitigates those adverse impacts that it creates upon the physical conditions of the land that may affect the health, safety and/or welfare of the people who live and work within those particular areas. FLUE Policy A-1.2 states that "[s]oil capability analyses for flood hazards, stability, permeability and other relevant soil characteristics shall be considered when planning for new development." FLUE Policy A-1.3 adds: "Development shall be prohibited in areas where the on-site sewage disposal facilities would be located on soils unsuitable for such uses, unless the soils on the site can be altered to meet state and local environmental land use regulations." FLUE Policy A-1.4 provides that development within areas designated as "volume or peak sensitive" shall be subject to "higher performance standards to mitigate stormwater runoff." The Plan defines "Peak Sensitive Lands" as "[l]and that is prone to flooding because the outfall is inadequate to handle the water flow." FLUE, page 142. The Plan defines "Volume Sensitive Lands" as: Lands that drain into areas that do not have a positive outfall. Positive outfall is the condition when the natural or man-made stormwater conveyance system that drains the land is functioning adequately. This includes man-made swales, waterways or other means of conveyance systems. This does not include sheet flow. FLUE, page 147. FLUE Policy A-1.5 requires: "All development within the 100 year floodplain shall be in strict conformance with all development regulations that have jurisdiction development regulations." Certain future land use designations bear directly upon the natural resources of the County. Other future land use designations, although affecting natural resources, will be addressed in the following sections concerning urban sprawl and the coastal high hazard area. Three designations are especially important in protecting natural resources. They are Natural Preservation, Environmentally Sensitive Areas, and Major Recreation and Open Space. The Natural Preservation designation is used to designate major publicly owned or managed lands for primarily conservation purposes. Typically, these lands are environmentally unique, irreplaceable or valued ecological resources. Some of these lands may be suitable for compatible recreational use. FLUE, page 142. The Land Use Plan Categories section of the FLUE describes the intent of the Natural Preservation designation as follows: To recognize public lands of significant environmental importance set aside for primarily conservation purposes. No residential is permitted except for county facilities determined necessary to serve as a caretaker of the recreational or environmental property. All other development is prohibited in these areas except for compatible recreational development. Educational uses shall be limited to those which utilize the natural amenities found on the site, i.e., the study of flora [or] fauna . . .. FLUE, page 125. FLUE Policy A-3.1 promises that the County will study the possibility of adopting land development regulations providing for a transfer of development rights from land that is under consideration for Natural Preservation designation, as well as land under a Rural designation that is in long-term agricultural use. FLUE Policy A-3.2 prohibits, in Natural Preservation designations, any "new development [or] expansion [or] replacement of existing development[,] unless development is undertaken by federal, State or local government in the public interest, and the impacts are mitigated." The Environmentally Sensitive Areas designation has been discussed at length in the preceding section. The Land Use Plan Categories section of the FLUE describes the intent of the Environmentally Sensitive Areas designation as follows: To designate those privately owned lands that are environmentally sensitive and classified as Conservation or Preservation Areas as defined in the [CARE]. Development in these areas may be restricted by federal, state, and/or local environmental regulations. Development projects will be evaluated for compliance with the [CARE] and Coastal [Element]. The use of Environmentally Sensitive Areas for residential density credits is described in the [FLUE]. The Environmentally Sensitive Area designations on the Land Use Plan Map are very generalized and may not be exhaustive of all sites. On- site evaluation will be necessary for specific project review. FLUE, page 126. The Major Recreation and Open Space designation is used to designate, geographically on the Future Land Use Plan Map and/or textually in the [FLUE], those major existing park, recreation, and/or open space facilities available for public use, including those which may be privately owned, and for which the primary purpose is not conservation. This land use category is not intended for use in designating those lands used for calculating densities for residential projects as described in the "Density Credits" provision in the "Implementation Section["] of the [FLUE] or in designating those similarly used lands that are accessory to non-residential projects. This future land use plan classification is subject to the Goals, Objectives and Policies and the exceptions and provisions of the [FLUE], each of the other elements in the [Plan], and to all applicable development regulations. FLUE, page 143. The Land Use Plan Categories section of the FLUE describes the intent of the Recreation and Open Space designation as follows: To designate major existing parks and recreational facilities (regional, district, or community level), for which the primary purpose is not conservation. A more complete mapping of existing and proposed or needed parks is a function of the Recreation and Open Space Element. No residential is permitted except for county facilities determined necessary to serve as an employee serving the function of a caretaker of the property. FLUE, page 123. FLUE Policy A-3.4 states that "[r]ecreational development must be compatible with and sensitive to the surrounding natural systems." Numerous provisions in the FLUE address natural resources, without referring to the Natural Preservation, Environmentally Sensitive Areas, and Major Recreation and Open Space designations. FLUE Objective A-8 provides: Development must mitigate the adverse impacts upon the natural, environmental systems as described and required within the [CARE] and [Coastal Element]. FLUE Policy A-8.1 states: "The natural environment shall be protected, in part, by encouraging future population growth into existing urbanized areas." FLUE Policies A-8.2, A- 8.3, and A-8.4, which have been discussed above, provide for the protection of Conservation and Preservation Areas and describe the upland forest density credit incentive and density formulas regarding Environmentally Sensitive Areas. FLUE Policies A-8.5 and A-8.6 promise protection, "by a system of performance standards" left undefined in the Plan, for areas with "high potential for groundwater contamination" and "high aquifer recharge," respectively. FLUE Policy A-8.8 is to [r]equire that the littoral zones and photic zones of man-made stormwater management systems be designed to provide physical and chemical filtration of stormwater consistent with adopted levels in the [Plan] and subsequently adopted development regulations, [as well as] provide for wildlife habitat (primarily wading birds). FLUE Policy A-8.9 offers the use of publicly owned land designated as Major Public/Semi-Public for "appropriate multiple uses, such as parks, stormwater management systems and preservation of natural habitats." FLUE Policy A-8.10 is to "[e]ncourage the use of pervious pavement" through land development regulations. FLUE Policy A-8.11 requires the County to identify, during the rezoning process, any land that has been identified for possible acquisition by the Environmental Land Acquisition and Protection Program. FLUE Policy A-8.12 states the County "shall protect significant wildlife habitat." FLUE Policy A-8.13 provides that the County will "[p]reserve wetlands by discouraging the use of mitigation, dredge and fill and similar development activities by revising the development regulations to strictly limit such practices." FLUE Objective B-9 is to "[p]rotect environmentally sensitive areas from degradation or damage from agricultural activities by establishing regulatory activities." FLUE Policy B-9.2 is to "[e]stablish protective controls, which could include animal 'density' limits[,] on those grazing lands having environmentally sensitive areas subject to damage or degradation from over-grazing by pre- identified grazing species." FLUE Objective B-10 is to "[p]rotect the water supply needed by agriculture through regulatory mechanisms." FLUE Policy B-10.1 is to "[r]equire adoption or conversion to water conservation techniques that are beneficial for aquifer recharge and the maintenance of near normal water tables." FLUE Policy B-10.2 is to establish a phased-in program of water conservation. Addressing the County's rivers, the second goal of the FLUE, which appears at the beginning of the River Resources section, is: To make the rivers of Hillsborough County cleaner, safer and more attractive, protect the natural functions and wildlife habitats in the river corridors and promote the economic and recreational benefits provided by these water bodies. FLUE Objective C-1 is, by 1995, to "maintain or improve the quality of water in [County] rivers where the water quality does not meet or exceed state water quality standards for [their] designated use." FLUE Policy C-1.1 states: The developer of any project along the rivers shall provide stormwater management systems which filter out pollutants before the stormwater enters the rivers, in accordance with the Florida Department of Environmental Regulation and the Southwest Florida Water Management District rules including the exemption provisions of these rules. New drainage outfalls along the rivers shall be designed with stormwater treatment facilities rather than discharging stormwater directly into the rivers. Where environmentally feasible, the stormwater discharge from a detention pond shall flow into the rivers through a vegetated swale. FLUE Policy C-1.2 "[p]rohibit[s] discharges of raw sewage to the rivers and tributaries." FLUE Policy C-1.3 "[p]rohibit[s] any solid waste landfills and hazardous material facilities in unincorporated Hillsborough County that may adversely affect the rivers and tributaries." FLUE Objective C-2 is: By 1990, the County will require the preservation of natural shorelines and reverse the trend toward hardened shores and channelization. . . . FLUE Policy C-2.1 states: "Shore alteration which would harden riverbanks shall be prohibited, except in cases of overriding public interest." FLUE Policy C-2.2 requires the improvement of publicly owned or controlled lands by the "restoration of vegetated riverbanks." FLUE Policy C-2.3 requires the conservation and preservation of natural riverbanks and natural levees, except in cases of overriding public interest. FLUE Objective C-4 provides that, by 1992, the County will "establish standards for development in river corridors." FLUE Policy C-4.1 prohibits the construction of new overhead utilities within 250 feet of the rivers unless underground placement is environmentally or technically unsound. FLUE Objective C-5 provides that, by 1991, the County will "require the preservation and enhancement of wildlife habitats and archaeological resources." FLUE Policy C-5.4 requires the County to "restrict development activities in the river corridors which would adversely affect significant and essential wildlife habitat, in accordance with the terms of Objective 14 and related policies thereunder of the [CARE]." FLUE Policy C-6.1 prohibits the removal, within 100 feet of the rivers, of healthy, native trees of five inches diameter at breast height unless "reasonable property utilization is not possible without tree removal or in cases of overriding public interest." The third, fourth, and fifth goals in the FLUE pertain to the Hillsborough, Alafia, and Little Manatee Rivers, respectively. The third goal in the FLUE is "[t]o make the Hillsborough River cleaner, safer and more attractive." FLUE Objective C-7 is, by 1995, to "improve the quality of water in the river where it does not meet or exceed state water quality standards for its designated use, and protect this major source of drinking water." FLUE Policy C-7.2 states: The construction, reconstruction, extension, or alteration of any privy, cesspool, septic tank, drain field, or other sewage disposal device within . . . 200 feet, measured from the mean annual flood line, of the Hillsborough River and its tributaries from the Pasco County line, to the city limits of the City of Tampa, shall be prohibited. This policy shall not prohibit recommended maintenance of existing septic systems if no alternative means of sewerage treatment is available. FLUE Policy C-7.3 is to "[p]revent further destruction of desirable natural vegetative buffers along the Hillsborough River and its tributaries." FLUE Policy C-7.4 is to: Prevent potential contamination by effluent disposal from a wastewater treatment plant within the drainage basin by requiring advanced treatment and viral reduction of all sewage in the drainage basin which is part of an effluent disposal program. FLUE Objective C-8 is, by 1990, to "reverse the trend toward hardened shores and channelization." FLUE Policy C-9.1 provides: "New marinas shall be prohibited on the upper Hillsborough River." "To prevent riverbank erosion, protect wildlife habitat, and ensure public safety," FLUE Policy C-9.6 requires that the part of the Hillsborough River north of 56th Street be posted with "idle speed, no wake" signs. FLUE Objective C-10 is, by 1992, to "establish standards for development in the river corridor." FLUE Policy C- 10.2 states: "No additional areas shall be designated with industrial land use plan categories within 500 feet of the river." FLUE Policy C-10.3 requires the County to establish a new future land use designation or zoning classification to be known as "Riverfront." Land use guidelines that "should be addressed" in the new classification include performance standards precluding uses that pollute the river or eliminate visual access by the public, lowering densities for vacant private parcels along the upper river, and prohibiting heavy activities such as parking lots, truck service roads, loading docks, warehouses, manufacturing plants, ship building and repair, and dredging equipment operators. FLUE Objective C-11 is, by 1992, to "implement construction and placement standards for ramps, docks, and seawalls." FLUE Objective C-12 is, by 1994, to "manage the Hillsborough River as an important community asset and provide appropriate public access to this valuable natural amenity." FLUE Objective C-13 is, by 1991, to "preserve and enhance wildlife habitats and preserve archaeological resources." FLUE Policy C-13.1 states: "Draining, clearing or filling wetlands, including hydric hammocks[,] shall be prohibited within 500 feet of the river." FLUE Objective C-14 states: By 1990, preserve the rural character of the Upper Hillsborough River by discouraging additional development except for those sites improved or developed that are dedicated to passive recreational pursuits within the river corridor. . . . FLUE Policy C-14.1 states: "The upper Hillsborough River shall be managed as a wildlife habitat corridor to provide an area for wildlife passage." FLUE Policy C-14.3 prohibits in the upper Hillsborough River "additional boat docks and ramps," but not canoe launches. FLUE Policy C-14.4 prohibits, within 500 feet of the upper Hillsborough River and its tributaries, parking lots and service roads. The fourth goal in the FLUE addresses the Alafia River. The goal is: "To preserve, protect and promote the Alafia River and its natural resources and recreational benefits." FLUE Objective C-15 is: By 1995, to maintain water quality, and improve water quality where it does not meet or exceed State water quality standards for its designated use, thereby protecting and improving the habitat for marine life. . . . FLUE Objective C-16 is: "By 1991, preserve and restore natural vegetation, and wildlife habitats and preserve archaeological resources." FLUE Policy C-16.1 states: Draining, clearing or filling wetlands, including hydric hammocks, which comprise the riverine swamp system shall be prohibited within 500 feet of the river. FLUE Policy C-16.2 provides: Encourage the reclamation of mined lands along the Alafia River with native vegetation and encourage public acquisition for wildlife corridors, where appropriate. FLUE Objective C-17 is, by 1991, to "protect terrestrial and marine wildlife and their habitats." FLUE Policy C-17.1 requires the County to post reduced speed signs in areas of known manatee habitation. FLUE Objective C-18 is, by 1995, to "minimize river use conflict and mitigate public nuisances that adversely affect inhabitants along the river." FLUE Policy C-18.1 recognizes the river as important for canoeing as well as other recreational pursuits. FLUE Objective C-19 is, by 1990, to "preserve the natural shoreline and prevent further channelization." FLUE Policy C-19.1 "[p]rohibit[s] backfilling of waterfront properties or extension of these lots through artificial means." FLUE Objective C-20 is, by 1992, to "establish standards for development within the river corridor." FLUE Policy C-20.3 states: Septic tank and drainfield installation shall be prohibited within 200 feet of the Alafia River and its tributaries except in such cases where the 200-foot criterion cannot be met because of lot size. In such cases, placement and construction of such facilities shall be in accordance with State law and shall prevent adverse impact to water quality. FLUE Policy C-20.4 states: "No additional heavy industrial land use designations shall be located within 500 feet of the river." The fifth goal in the FLUE pertains to the Little Manatee River. The goal is: "To recognize and maintain this unique water resource which provides economic and recreational opportunities as well as vital wildlife habitat." FLUE Objective C-21 states: By 1995, water quality in each appropriate water classification found in the Little Manatee River will be maintained or improved where it does not meet or exceed state water quality standards for its designated use. ... FLUE Policy C-21.1, which generally prohibits the installation of septic tanks within 200 feet of the Little Manatee River and its tributaries, is otherwise identical to FLUE Policy C-20.3, which applies to the Alafia River. FLUE Objective C-22 is, by 1991, to "preserve wildlife habitats and archaeological resources." FLUE Policy C-22.1 provides that the County shall "participate" with the Florida Department of Natural Resources to "fully implement the Cockroach Bay Aquatic Preserve Management Plan." FLUE Policy C-22.2 prohibits "[d]raining, clearing or filling wetlands, including hydric hammocks, . . . within 500 feet of the river." FLUE Policy C-22.3 states that, until scientifically defensible setbacks and buffers are determined: clearing or filling of natural plant communities within 50 feet of the Environmental Protection Commission wetland jurisdictional line or within 100 feet of the mean and ordinary high water line, whichever is greater, shall be restricted in urban and suburban land use categories. FLUE Policy C-22.4 is to protect manatees by "posting reduced speed signs in areas of known manatee habitation." FLUE Objective C-23 is, by 1990, to: minimize urban encroachment upon the river bank by encouraging the establishment of a "green" river corridor. River corridor preservation can best be achieved through protection of the shoreline, and associated wetlands and uplands. . . . FLUE Policy C-23.1 states: "No heavy industrial land use designations shall be located within 500 feet of the river." FLUE Policy C-23.2 provides: "The Little Manatee River shall be recognized as providing important wildlife habitat and managed as a corridor for wildlife passage." FLUE Policy C-23.3 states: "The Little Manatee River shall be recognized as an important recreational resource." FLUE Policy C-23.4 adds: Recreation facilities in the Little Manatee River corridor shall be designed to minimize impacts upon essential and significant wildlife habitat. This is to be achieved by encouraging passive river corridor use, such as hiking, picnicking, nature study, photography, fishing, and canoeing. FLUE Policy C-23.5 prohibits parking lots and service roads within 500 feet of the Little Manatee River and its tributaries east of US 41. FLUE Objective C-24 is, by 1990, to "develop additional policies and strategies addressing the uniqueness and proper protection and use of the Little Manatee River." FLUE Policy C-24.2 states: "Appropriate provisions from the Cockroach Bay Aquatic Preserve Management Plan shall be considered for incorporation as policies in this plan." Policy C-24.3 promises the evaluation of the need for establishing a new land use category or zoning overlay "to ensure proper protection and use of the Little Manatee River and associated natural resources." FLUE Objective C-30 provides: Regulations and performance standards shall be developed to ensure that water quality and quantity, environmentally sensitive areas, wildlife habitats, rivers and creeks are protected from degradation by development. FLUE Policy C-30.2 states that the County "shall require the location and design of public roads and bridges within stream riverine corridors to minimize impacts adverse to wildlife habitats and vegetative communities." FLUE Policy C-30.4 provides: Designate as River Corridor Overlay Districts, riverine corridors within the Urban Level land use categories, which meet the following criteria in addition to the policies related to River Corridor Overlay Districts under the "River Resources" section within the [FLUE]. The qualifying criteria are that the water must be of Class III standards, the water body must provide "ecological benefits," most of the part of the water body proposed for designation must have a natural shore, and a 25 year floodplain map for the part of the water body proposed for designation must be available for public inspection. FLUE Policy C-30.6 provides: Restrict clearing or filling of natural plant communities within 50 feet of the Environmental Protection Commission wetland jurisdictional line of rivers and creeks designated as River Corridor Overlay Districts or within 100 feet of the mean and ordinary high water line of such rivers and creeks, whichever is greater. If no beneficial use of the property is possible without clearing or filling within this area, impose conditions which will mitigate the adverse impact of these activities on wildlife habitat, native vegetation and natural stormwater filtration systems. FLUE Policy C-30.7 is to "[e]ncourage the use of stilted structures rather than fill to meet flood elevation construction requirements within the River Corridor Overlay District." FLUE Policy C-30.8 is to "[r]estrict hardened shores (seawalls) within the River Corridor Overlay district to areas threatened by severe erosion." The Coastal Element addresses natural resources in the coastal area of the County. Coastal Element Policy 1.3 requires the County to reduce the need for interim wastewater treatment plants by planning for the construction of regional wastewater treatment facilities to serve areas designated for higher densities. Coastal Element Policy 1.4 provides that the County shall "continue to develop and use environmentally acceptable effluent disposal alternatives to surface water discharge to Tampa Bay and its tributaries, including but not limited to reuse for irrigation and industrial purposes." Coastal Element Policy 1.7 states: Where economically feasible, the County shall provide improved domestic wastewater treatment service to coastal areas where persistent water quality problems in Tampa Bay are clearly attributable to poorly functioning septic treatment systems. Coastal Element Policy 1.11 provides: By 1991, the County shall require that existing developments planned for expansion, modification or replacement in the coastal area provide or support stormwater treatment improvements within the affected drainage basin where treatment facilities are lacking. Where economically and environmentally feasible, the County shall require retrofitting of stormwater treatment facilities in urbanized coastal areas lacking such facilities. Coastal Element Policy 1.12 states: Where economically and environmentally feasible and consistent with the Surface Water Improvement Management Plan for Tampa Bay, the County shall consider dredging and removal of polluted estuarine sediments, and clean filling deep dredged areas, as a means of improving adjacent estuarine water quality. 2. Coastal High Hazard Area and Hazard Mitigation The only FLUE provision addressing the coastal area and coastal hazards is FLUE Policy A-1.6, which promises: Performance standards for new developments shall be established within coastal areas, as identified in the [Coastal Element], in order to protect the population in the coastal areas, and to minimize property damage in the event of a hurricane. Capital Improvements Element (CIE) 1.D.2 provides that the levels of service for public facilities, as set forth in the CIE, are subject to overriding conditions and limitations contained in the Coastal Element. In addition, CIE Objective 5 states: "The County shall protect the coastline and avoid loss of life and property in coastal areas by minimizing land development and public facilities in coastal areas. [Rule] 9J- 5.016(3)(b)2." CIE Policy 5.A states: "Publicly funded infrastructure shall not be constructed within the coastal high hazard area unless the expenditure is for: 5.A.1: Restoration or enhancement of natural resources or public access; 5.A.2: Land application of treated effluent disposal (irrigation) on public and private open spaces; 5.A.3: Flood-proofing water and sanitary sewer facilities; 5.A.4: The development or improvement of public roads and bridges which are on the Hillsborough County Metropolitan Planning Organization long range plan or the facility will serve a crucial need by ameliorating the evacuation time of residents of the County; 5.A.5: Reconstruction of seawalls that are essential to the protection of only existing public facilities or infrastructure; 5.A.6: A public facility of overriding public concern as determined by the Hillsborough County Board of County Commissioners; 5.A.7: The retrofitting of stormwater management facilities for water quality enhancement of stormwater runoff; or 5.A.8: Port facilities. Coastal Element Policy 6.1 defines the coastal high hazard area as the part of the County included in the Federal Emergency Management Agency V Zone and the area requiring evacuation during a Category 1 hurricane event. A Category 1 hurricane is characterized by winds of 74-95 miles per hour, which will cause damage primarily to foliage and unanchored mobile homes; storm surge 6-8 feet above normal; and inundation of low-lying coastal roads. Coastal Element, page 85. Coastal Element Objective 6 is to: Restrict development of residential population centers in the coastal high hazard area and require all development to meet standards established for the coastal area. Coastal Element Policy 6.2 requires that "[n]ew development within the coastal high hazard area shall be subject to a formal site plan review process." The process shall require owner-supplied data as to the impact of the proposed development upon existing infrastructure in the coastal high hazard area, evacuation clearance times, and shelter space. Coastal Element Policy 6.3 states that new development or "substantial expansions" of existing uses, except for government facilities, shall be approved through "a planned unit development process" if the development consists of commercial or industrial development on more than five acres of land or residential development exceeding the requirements of a "minor subdivision," as defined in the land development regulations. Policy 6.3 adds that developments within the coastal high hazard area and the I-75 corridor shall be subject to the more restrictive requirements. Coastal Element Policy 6.5 prohibits the development of "manufactured home communities" in the coastal high hazard area unless they meet the standards of the Southern Standard Building Code. Coastal Element Policy 6.6 is that, by 1994, the County shall, by land development regulations, require the underground installation of all utility lines in the coastal high hazard area. Coastal Element Policy 6.7 is that, except for cases of "undue hardship," "[t]he use of septic tanks for new development shall be prohibited in the coastal high hazard area." Coastal Element Objective 7 is to ensure the "orderly development and use" of the Port of Tampa by giving "priority to locating water-dependent and water-related land uses along the shoreline of the coastal area." Coastal Element Policy 7.1 provides that the County, by 1993, will amend the "Future Land Use Element and Map" to create a new future land use designation for "marine-related land uses." The designation will include criteria for siting water-dependent and water-related land uses. Coastal Element Policy 7.5 prohibits the development of new sites for heavy industrial uses along the shoreline of the coastal area unless the uses are "water-dependent or water- related or unless an overriding public interest is demonstrated." Coastal Element Objective 10 is: "Limit public expenditures for infrastructure and facilities in the coastal high hazard area." Coastal Element Policy 10.3 provides: "Wastewater treatment facilities shall not be constructed within the coastal high hazard area unless the expenditure meets the criteria of Policy 10.2." Coastal Element Policy 10.2 is the same as CIE Policy 5.A. Coastal Element Policy 13.1 states: "Interim wastewater treatment plants shall not be permitted in the coastal high hazard area except where the County service will be available within five (5) years." Coastal Element Policy 13.2 provides that the County will not assume jurisdiction for maintaining roadways in the coastal high hazard area unless the roadway is on the future Traffic Circulation Map. Coastal Element Policy 13.3 states that, by the 1993 hurricane season, the County shall complete an inventory of existing infrastructure in the coastal high hazard area and develop a program to relocate or retrofit such facilities where feasible and as replacement becomes necessary. Coastal Element Policy 13.4 is that the County "shall ensure" that future development and redevelopment within the coastal high hazard area is "consistent with coastal resource protection and will not increase clearance times along evacuation routes." Coastal Element Policy 13.6 is that the County shall not approve any "new solid waste or hazardous waste management sites" in the coastal high hazard area. Coastal Element Policy 12.2 is that the County, by the 1992 hurricane season: shall prepare a post-disaster redevelopment plan which will address long-term development, repair, and redevelopment activities, and which will include measures to restrict and eliminate inappropriate and unsafe development in the coastal high hazard area. Coastal Element Policy 12.5 provides that, by the 1992 hurricane season, the County "shall adopt a redevelopment decision-making matrix for deciding whether public infrastructure should be rebuilt, relocated, or structurally modified." Coastal Element Objective 11 provides: Through the year 2010 the County shall maintain the clearance times identified in the Tampa Bay Regional Planning Council 1988 Tampa Bay Regional Hurricane Study. Any proposed development shall not increase these clearance times. Coastal Element Policy 11.2 adopts a level of service standard of 20 square feet per person for shelter space. Coastal Element Policy 11.5 states that, by 1991, the development review process shall consider the effect of a proposed development in the hurricane vulnerability zone, which includes the coastal high hazard area, on evacuation clearance times and the number of persons requiring shelter. Coastal Element Policy 11.7 provides that each new mobile home park "not located" in the hurricane vulnerability zone shall include a building for use as a hurricane shelter. 3. Urban Sprawl FLUE Policy A-2.1 states: "Development shall not exceed the densities and intensities established within the [Plan]." According to the Implementation section of the FLUE, "[i]t is the intent of the [FLUE] to permit the maximum densities allowed within each land use plan category." FLUE, page 55. Many of the future land use categories of the Plan and their densities are set forth at Paragraph 219 above. The remaining categories and any permitted residential densities (expressed as dwelling units per gross acre) are: Community Commercial (20:1); Commercial--Office (20:1); Regional Commercial (20:1); Electrical Power Generating Facility (1:5); Scenic Corridor Overlay; Research/Corporate Park; Light Industrial; Light Industrial-- Planned; Heavy Industrial; Natural Preservation; Major Recreation and Open Space; Major Public/Semi-Public; and Environmentally Sensitive Areas (uses described in preceding section). The Land Use Plan section of the FLUE discusses each of the future land use designations in terms of service level, typical uses, density (applicable to residential uses only), maximum floor area (applicable to commercial, office, and industrial uses only), and intent of designation. The densities have been set forth above. Six designations fall exclusively under the Rural service level. These are Agricultural/Mining, Agricultural, Agricultural/Rural, Rural Estate, Rural Residential, and Rural Residential Planned. The typical uses of Agricultural/Mining include: farms, ranches, feed lots, residential uses, rural scale neighborhood commercial uses, offices, industrial uses related to agricultural uses, and mining related activities. Non-residential uses shall meet established locational criteria for specific land use. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, page 98. The maximum floor area for Agricultural/Mining is: Rural scale neighborhood commercial, office or industrial up to 40,000 sq. ft. or .25 FAR, 17/ whichever is less intense. Actual space footage limit is dependent on functional classification of roadway intersection where project is located. FLUE, page 98. The intent of Agricultural/Mining is: To designate either those areas of long term agricultural character, or those areas currently involved in agricultural productivity, or other rural uses. This category will also permit residential, rural scale neighborhood commercial, office, and industrial uses in those areas meeting established locational criteria. As long as no subdivision of land is involved, group quarters, temporary housing, rehabilitation centers and residential uses for agricultural/rural related activities can be exempt from the density limitations subject to the [FLUE] and applicable development regulations. In addition, mining activities and commercial and industrial uses directly related to or serving the local mining activities may be permitted in appropriate locations, in conformance with adopted [land development] regulations. Commercial and office above 5000 sq. ft.[,] multi-purpose projects and multi-use projects shall require a planned zoning district. FLUE, page 98. The typical uses, maximum floor area, and intent of Agricultural and Agricultural/Rural are the same as those stated for Agricultural/Mining. Densities are the main difference among the Agricultural/Mining (1:20), Agricultural (1:10), and Agricultural/Rural (1:5) designations. In addition to allowing a density of 1:2.5, the Rural Estate category differs in other respects from the other categories classified as rural in terms of service level. Typical uses for Rural Estate add "multi-purpose projects" and omit "feed lots," "industrial uses related to agricultural uses," and "mining related activities." Maximum floor area substitutes "multi-purpose projects" for "industrial." The intent of Rural Estate is: To designate areas that are best suited for agricultural development, usually defined as located on Short-Term Agricultural Lands, and for compatible rural residential uses. Other uses including rural scale neighborhood commercial, office and multi-purpose projects may be permitted when complying with the [FLUE] and applicable development regulations and conforming to established locational criteria for specific land use. Commercial and office above 5000 sq. ft., multi-purpose projects and multi-use projects shall require a planned zoning district. FLUE, page 101. The typical uses and intent of Rural/Residential and Rural/Residential Planned are the same as those stated for Rural Estate, except the Rural/Residential Planned also allows community commercial uses and clustered mixed use. A planned zoning district is required for the Rural/Residential Planned designation if the proposed commercial or office use is over 3000 square feet. The densities are different among the three designations. The Rural/Residential allows 1:1. Rural/Residential Planned allows the same density if the project is a Planned Village Concept on at least 160 acres; otherwise, the allowable density is 1:5. The maximum density for Rural/Residential Planned is allowable only if clustering and mixed uses are proposed. The concepts of mixed use and clustering specified for the Rural/Residential Planned are explained as follows: Mixed use . . . must demonstrate integration, scale, diversity and internal relationships of uses on site as well as provide shopping and job opportunities, significant internal trip capture and appropriately scaled residential uses. Land development regulations shall specify the thresholds for shopping, job creation and trip capture rates for developments appropriate to the scale of the project. Clustering . . . will be demonstrated through higher than typical residential net densities. Land development regulations shall provide thresholds for net densities required relative to project size and location, and will be used to determine allowable gross density. FLUE, page 103. The Suburban service level contains two designations: Low Suburban Density Residential and Low Suburban Density Residential Planned. The typical uses of Low Suburban Density Residential are: Residential, suburban scale neighborhood commercial, office uses, and multi-purpose projects. Non-residential uses shall meet locational criteria for specific land use. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, page 104. The typical uses of Low Suburban Density Residential Planned are the same except they include suburban scale community commercial and clustered mixed use projects. The maximum floor area of Low Suburban Density Residential is: Suburban scale neighborhood commercial, office, or multi-purpose projects limited to 110,000 sq. ft. or .25 FAR, whichever is less intense. Actual space footage limit is dependent on functional classification of roadway intersection where project is located. FLUE, page 104. The maximum floor area of Low Suburban Density Residential Planned is the same except the floor area ratio is .5, which governs certain mixed use projects: Mixed use projects utilizing the Planned Village Concept are not limited by square footages but may develop up to .5 FAR. Square footages will be limited by the scale and relationship within the project. In addition, mixed use projects utilizing the Planned Village Concept shall not be limited by the locational criteria found elsewhere for neighborhood commercial uses. Mixed use projects shall demonstrate internal relationships and pedestrian integration among uses. FLUE, page 105. The intent of the Low Suburban Density Residential designation is: To designate areas that are best suited for non-urban density residential development requiring a limited level of urban services, including in appropriate locations lots large enough to safely accommodate private wells and septic tanks or a combination of septic tanks and public water. Some areas, because of environmental or soil conditions, would be appropriate for only public water and sewer in this designation. In addition, suburban level neighborhood commercial, office and multi-purpose projects serving the non-urban areas may be permitted, subject to the Goals, Objectives, and Policies of the Land Use Element and applicable development regulations and conforming to established locational criteria for such land use. Commercial and office uses above 3000 sq. ft. and all multi-purpose and mixed use projects shall require a planned zoning district. FLUE, page 104. The intent of the Low Suburban Density Residential Planned appears erroneous, as it repeats the intent of the Rural/Residential Planned designation, including "rural residential uses" and "rural scale" commercial uses. The intent of the Low Suburban Density Residential Planned should probably state: "non-urban density residential development requiring a limited level of urban services" and the "suburban scale" commercial uses, which is the intent of the Low Suburban Density Residential. The Implementation section of the FLUE probably should have stated the intent of the Low Suburban Density Residential Planned designation is the same as the intent of the Low Suburban Density Residential designation except to add "suburban level community commercial, clustered mixed use, and multi-purpose projects." The densities for Low Suburban Density Residential and Low Suburban Density Residential Planned are both 2:1. However, this density is applicable to the Low Suburban Density Residential Planned only if the proposed project is a Planned Village Concept on at least 160 acres. Otherwise, the density for Low Suburban Density Residential Planned is 1:5. The Low Suburban Density Residential Planned density contains the same description of mixed use and clustering as is found in the Rural/Residential Planned designation. There are 14 designations exclusively within the Urban service level. The two lowest densities, among categories that are predominantly residential, are Suburban Density Residential and Low Urban Density Residential, which are, respectively, 4:1 and 6:1. Each density contains the following condition: This maximum residential density is provided only as a limit for application in situations which represent an ideal set of circumstances with regard to the compatibility of the proposed development with surrounding land uses, existing and/or approved, and with regard to the adequacy and availability of public facilities. FLUE, pages 106 and 107. The typical uses for Suburban Density Residential and Low Urban Density Residential are identical: Residential, urban scale neighborhood commercial, office uses, multi-purpose and mixed use projects. Non-residential uses shall meet established locational criteria for specific land use. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, pages 106 and 107. Disregarding another apparent typographical error, 18/ the maximum floor area for each designation is identical: Urban scale neighborhood commercial, office, multi-purpose or mixed use projects limited to 175,000 sq. ft. or .25 FAR, whichever is less intense. Actual square footage limitation is dependent on functional classification of roadway intersection where project is located. FLUE, pages 106 and 107. Disregarding two more likely typographical errors, 19/ the intent for each designation is also identical, except for the bracketed notation that applies only to Low Urban Density Residential: To designate areas that are suitable for low density residential development. In addition, urban scale neighborhood commercial, office, multi-purpose and mixed use projects serving the area may be permitted subject to the Goals, Objectives, and Policies of the Land Use Element and applicable development regulations and conforming to established locational criteria for specific land use. Multi-purpose, mixed use projects and any development above 3.0 [5.0] dwelling units per gross acre on a site larger than 10 acres shall require a planned zoning district. FLUE, pages 106 and 107. The next three designations in the Urban service level are Low/Medium Density Urban Residential, Medium Density Urban Residential, and High Density Urban Residential, which provide densities, respectively, of 9:1, 12:1, and 20:1. 20/ Each density is subject to the condition quoted above for Suburban Density Residential and Low Urban Density Residential concerning ideally suited circumstances. Ignoring one typographical error in the case of the High Density Urban Residential designation, 21/ the typical uses for each of the three designations are also identical, except for a minor distinction in language, with those stated for Suburban Density Residential and Low Urban Density Residential. The maximum floor areas for each of the three designations are identical to those stated for Suburban Density Residential and Low Urban Density Residential except that the floor area ratio for High Density Urban Residential is 0.75, not 0.25. The intent of each of the three designations is the same as the intent of the Suburban Density Residential and Low Urban Density Residential designations with a minor change in language. The only differences are that the primary intent in each case is to designate an area suitable for the type of residential development suggested by the category's name, such as low-medium density. Also, a planned zoning district is required for each of the three designations if the proposed development is denser than 8:1 for Low/Medium Density Urban Residential, 10:1 for Medium Density Urban Residential, and 16:1 for High Density Urban Residential. The last three designations exclusively within the Urban service classification that are projected to contain significant residential uses are Urban Levels 1, 2, and 3 with respective densities of 12:1, 20:1, and 50:1. Each density contains the following condition: The maximum residential density is provided only as a limit for application in situations in which all Goals, Objectives, and Policies and applicable development regulations are being complied with, especially those regarding compatibility of the proposed development with surrounding land uses, existing and/or approved, and with regard to the adequacy and availability of public facilities. FLUE, pages 111, 112, and 113. The typical uses for Urban Levels 1, 2, and 3 are identical: Mixed use development. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, pages 111, 112, and 113. The maximum floor area ratios are 0.5, 1.0, and 2.5 for Urban Levels 1, 2, and 3, respectively. The intent of the Urban Level 1 designation is: The UL1 category may be located within three miles of I-75, bounded at the limits of the urban level category by existing or proposed arterial roads. This category of land use shall serve as a transitional area which emphasizes compatibility with adjacent plan categories. The UL1 area shall be more suburban in intensity and density of uses, with development occurring as the provision and timing of transportation and public facility services necessary to support these intensities and densities become available. Commercial uses shall be clustered at arterial and collector intersections. Strip development with separate driveway access for commercial uses shall be prohibited. Rezonings shall be approved through a planned unit development rezoning process which requires, at a minimum, integrated site plans controlled through performance standards to achieve developments which are compatible with surrounding land use patterns and the Goals, Objectives and Policies of the Land Use Plan. FLUE, page 111. The intent of the Urban Level 2 designation is: The UL2 category shall be compatible with adjacent urban land use categories such as UL1, UL3, research corporate park, and medium density residential. The UL2 areas shall be urban in intensity and density of uses, with development occurring as the provision and timing of transportation and public facility services necessary to support these intensities and densities are made available. Commercial uses shall be clustered at arterial and collector intersections. Strip development with separate driveway access for nonresidential uses to arterials shall be prohibited. Rezonings shall be approved through a planned unit development rezoning process which requires, at a minimum, integrated site plans controlled through performance standards to achieve developments which are compatible with surrounding land use patterns and the Goals, Objectives and Policies of the Land Use Plan. FLUE, page 112. The intent of the Urban Level 3 designation is: The UL3 category shall form a regional activity center which incorporates internal road systems, building clustering and mixing of uses, with development occurring as the provision and timing of transportation and public facility services necessary to support these intensities and densities are made available. Commercial uses shall be clustered at arterial and collector intersections. Strip development with separate driveway access for nonresidential uses to arterials shall be prohibited. The UL3 category should be surrounded by other urban level plan categories and be located at high level transit lines. Rezonings shall be approved through a planned unit development rezoning process which requires, at a minimum, integrated site plans controlled through performance standards to achieve developments which are compatible with surrounding land use patterns and the Goals, Objectives and Policies of the Land Use Plan. FLUE, page 113. Three commercial designations in the Urban service classification that are not expected to contain substantial residential development are Community Commercial, Commercial Office, and Regional Commercial. Each of these designations carries a density of 20:1 and contains a condition similar to that contained in Urban Level 1, 2, and 3 regarding compatibility with surrounding land uses and availability of adequate public facilities. The typical uses of Community Commercial are: Sale of convenience goods and personal services, general merchandising, furniture, sales restaurants, bars, offices, hotels, motels, banks, theaters, auto sales, compatible residential uses, multi-purpose projects, and mixed use developments. Agricultural uses may be permitted pursuant to policies in the agricultural objective of the [FLUE]. FLUE, page 114. The maximum floor area of the Community Commercial is 300,000 square feet or .35 FAR, whichever is less intense. The intent of Community Commercial is: To designate areas typically located within low density residential, low-medium density residential, medium density residential and/ or high density residential land use categories in order to provide a variety of commercial and office uses to serve large areas and which are oriented to auto traffic. Neighborhood commercial and office activities will be allowed provided they meet the applicable development regulations. Due to potential intensity of activities, planned grouping [is] strongly encouraged. Compatible residential development up to 20.0 dwelling units per gross acre, multi-purpose projects, and mixed use developments may be permitted in this category in appropriate locations according to applicable development regulations. FLUE, page 114. The typical uses of Commercial Office are: Community Commercial type uses, office uses, mixed use developments, and compatible residential uses. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, page 115. The maximum floor area of Commercial Office is: General--0.75 FAR up to a maximum of 600,000 square feet, however, the commercial component cannot exceed 300,000 square feet, subject to applicable land development regulations. FLUE, page 115. The intent of Commercial Office is: "To recognize existing commercial and office centers and provide for future development opportunities." FLUE, page 115. The typical uses of Regional Commercial are: Shopping malls to include one or more major department stores. Community Commercial type uses, office uses, mixed use developments, and compatible residential uses. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, page 116. The maximum floor area of Regional Commercial is "1.0 FAR, subject to applicable land development regulations." FLUE, page 116. The intent of Regional Commercial is: "To recognize existing regional commercial centers and provide for future development opportunities." Id. The three remaining designations exclusively in the Urban service level do not permit any residential uses. They are Research/Corporate Park, Light Industrial, and Light Industrial Planned. The typical uses of Research/Corporate Park are: Research and development activities, related educational facilities, electronic components production, light restricted manufacturing and warehousing, offices, corporate headquarters, and related uses such as hotels, motels, restaurants, recreational facilities, and rural scale retail establishments. Rural scale neighborhood commercial uses limited to 30,000 sq. ft. or 20% of the project's land area. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, page 117. The maximum floor area of Research/Corporate Park is "1.0 FAR." The intent of Research/Corporate Park is: To provide opportunity for research and high technology and similar manufacturing and light warehousing uses to serve Hillsborough County and the Tampa Bay region. Development in this category has integrated internal and external design requirements including heavy buffering and landscaping, high visibility linear footage on arterials, interstates, and expressways, and locations adjacent to employment markets. Research/Corporate Parks will be permitted to be developed throughout the county provided they meet the requirements of the Goals, Objectives, and Policies of the Land Use Element, and applicable development regulations. Proposed developments at locations not shown on the Land Use Plan Map may be considered through the Plan amendment process. Support neighborhood commercial uses may be permitted for up to 20% of the total land area. The development of the neighborhood commercial uses shall be integrated and appropriately scaled to other project uses. All development in this category shall require a planned zoning district. FLUE, page 117. The typical uses for Light Industrial and Light Industrial Planned are: Food products storage, furniture or apparel manufacturing (except plastics or fiberglass), packaging plants, wholesaling, storage of nonhazardous materials, offices, research/corporate parks as the predominant uses and subordinate uses or services such as hotels, motels, restaurants, rural scale retail establishments, and recreational facilities. Rural scale neighborhood commercial uses limited to 30,000 sq. ft. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, pages 118 and 119. The maximum floor area of Light Industrial and Light Industrial Planned is ".5 FAR." FLUE, pages 118 and 119. The intent of Light Industrial is: This land use category is used to designate, geographically on the Land Use Plan Map and/ or textually in the Land Use Element, those areas in the County potentially suitable for industrial activities that create a minimal degree of impact to the surrounding environment, particularly in terms of non- objection[able] levels of noise, vibration, dust, and/or odor. Development in these areas is subject to the Goals, Objectives, and Policies and land use category descriptions related to industrial activities. [Convenience] commercial uses shall be limited to same criteria of size and location as rural scale neighborhood commercial. Any industrial development above a .4 FAR shall require a planned zoning district. FLUE, page 118. The intent of Light Industrial Planned restates the first sentence of the intent of the Light Industrial and adds: This land use plan category will be used in high volume transportation corridors that have high visibility where impacts to adjacent development need to be minimized. The adjacent use compatibility issues are a major concern, and new development and substantial expansion of existing uses shall be approved through a planned unit development rezoning process which requires, at a minimum, integrated site plans controlled through performance standards to achieve developments which are compatible with surrounding land use patterns and the Goals, Objectives and Policies of the Land Use Plan. FLUE, page 119. The remaining seven designations are in a service level identified as "Urban or Rural." Two of them involve industrial uses. They are Heavy Industrial and Electric Power Generating Facility. The Heavy Industrial designation allows no residential uses. The typical uses of Heavy Industrial are: Phosphate and other chemical plants, plastics and fiberglass products processing, port related uses, storage of hazardous materials and liquids, offices, existing electric generating plants and expansions thereof, and related uses such as hotels, motels, restaurants, establishments, recreational facilities and rural scale retail establishments. Rural scale neighborhood commercial uses limited to 30,000 sq. ft. maximum. Agricultural uses may be permitted pursuant to policies in the agricultural objective areas of the [FLUE]. FLUE, page 120. The maximum floor area of Heavy Industrial is: .5 FAR. FAR's not to be applied to processing, storage and other uses characterized by outdoor storage. FLUE, page 120. The intent of Heavy Industrial is the same as the intent of the Light Industrial except that, in the case of Heavy Industrial, the activities "may have objectionable accompanying effects such as noise, vibration, dust, and/or odor." FLUE, page 120. The Electric Power Generating Facility designation allows a residential density of 1:5. The typical uses are: "All new Electrical Power Generating Facilities and related uses and all uses allowed in the Agricultural/Rural (A/R) land use plan classification." FLUE, page 121. The maximum floor area of the Electrical Power Generating Facility is: 0.5 FAR. FAR's not to be applied to processing, storage and other uses characterized by outdoor storage. Development permitted in this designation is subject to the Goals, Objectives and Policies of the [Plan], applicable development regulations and established locational criteria for specific land uses. FLUE, page 121. The intent of Electrical Power Generating Facility is: This land use category is used to designate geographically on the Future Land Use Map and textually in the [FLUE] those areas that are potentially suitable for the construction and operation of future electric power generating facilities consistent with the infrastructure needs of the population and subject to the requirements of the [Plan] and all other Federal, State and Local Laws, policies and permits. The uses authorized in the Agricultural/Rural (A/R) land use plan category are also authorized. New development of uses associated with an electrical power generating facility shall be approved through a planned unit development rezoning process. An application to rezone land for an Electrical Power Generating Facility may only be filed after submission of an application to the State under the Power Plant Siting Act. If the Siting Board denies the Siting, then the zoning shall revert to the underlying Zoning in existence at the time of application. FLUE, page 121. The five remaining designations are Major Public/Semi- Public, Major Recreation and Open Space, Scenic Corridor, Natural Preservation, and Environmentally Sensitive Areas. The typical uses of Major Public/Semi-Public, which is intended to "recognize major existing and programmed public facilities," are "[m]ajor government-owned facilities and other public uses [and] semi-public uses generally available for public use, [such as] churches, hospitals, schools, clubs and utility and transportation facilities." However, "[t]he Land Use Plan Map only shows major existing facilities." FLUE, page 122. The typical uses of Major Recreation and Open Space are "[m]ajor parks and recreational facilities which are publicly or privately owned and operated for recreational uses and are available to the public." However, the designation shows only "major existing parks and recreational facilities" as the Recreation and Open Space Element contains maps of "existing and proposed or needed parks." FLUE, page 123. The intent of the Scenic Corridor is to create a designation "applied to road corridors . . . determined to have scenic qualities of local or countywide significance." FLUE, page 124. In addition to preserving or enhancing the aesthetic appearance of roads through buffering, landscaping, and control of nonresidential uses, the Scenic Corridor designation is intended to preserve or expand a system of roadways that will begin to form a boulevard system to connect different communities within unincorporated Hillsborough County. The boulevard system will also form a system of connections between parks and recreational areas of the county. FLUE, page 92. The typical uses of Natural Preservation are "[o]pen space or passive nature parks." The intent of the designation is to "recognize public lands of significant environmental importance set aside for primarily conservation purposes." The Natural Preservation designation excludes other uses except residential sufficient for a caretaker, "compatible recreational development," and limited educational uses. FLUE, page 125. FLUE Policy A-3.2 states: No new development nor expansion nor replacement of existing development shall be permitted within areas designated on the Future Land Use Map as Natural Preservation Areas, unless development is undertaken by federal, State or local government in the public interest, and the impacts are mitigated. The Environmentally Sensitive Areas designation has been discussed above. 22/ The Implementation section of the FLUE describes the locational criteria and development standards for Rural-, Suburban-, and Urban-scale neighborhood commercial uses, which may be approved in various land use categories. Different development standards also apply for community commercial uses. The development standards for neighborhood commercial uses require, among other things, a location within a commercial node at the intersection of least one collector or higher planned roadway and maximum square footage based on a matrix focusing on land use designation and roadway classification. FLUE, pages 75- 76. Additional requirements are imposed based on whether the use is Urban-, Suburban-, or Rural-scale. The relationship of the land use categories to the FLUM is explained in the Implementation section: The land use plan categories shown on the Future Land Use Map are named according to their predominant land use or maximum level of intensity intended for that category of land use. Other uses may be permitted in any land use category as described within the individual plan category descriptions. Specific locations for other such uses are not shown graphically because to do so would predetermine locations of individual uses, particularly neighborhood-related uses, at a level of detail beyond the scope of the Future Land Use Map. All uses shall be reviewed for conformance with all applicable provisions contained within the [Plan] and with applicable development regulations. FLUE, page 55. Various policies pertain to designated densities in the Plan and FLUM. FLUE Policy A-3.3 states: "Gradual transitions of intensities and between different land uses shall be encouraged." FLUE Policy A-3.1 provides in part: "Land development regulations shall be studied to determine whether to include provisions for the transfer of development rights which ... provide for the transfer of development rights to receiving zones where infill is indicated." The Implementation section of the FLUE provides a density credit for certain in-fill development. FLUE, page 69. The Implementation section also contains various density and intensity bonuses for the development of affordable housing. FLUE, pages 73a-73b. FLUE Policy B-3.6 pursues infilling by treating as a single dwelling unit "an accessory residential unit associated with an owner occupied single family residence." Several provisions in the FLUE concern the provision of public facilities. FLUE Objective A-5 is: All new development and redevelopment shall be serviced with potable water, sewerage, stormwater management facilities, solid waste disposal and parks that meet or exceed the adopted levels of service established by Hillsborough County. FLUE Policy A-5.2 establishes the concurrency requirement as follows: The public facilities that are needed to serve future development shall be provided by the applicant seeking a development permit and/or the County, in a timely manner that is concurrent with the impacts of development as defined in the [CIE]. FLUE Objective C-29 provides: Public facilities and services that meet or exceed existing or established County levels of service shall be provided in advance of, or concurrent with, the impacts of development. FLUE Policy C-29.1 is to: Ensure that public facilities operating at adopted levels of service are available when Certificates of Occupancy are issued by: Anticipating development and planning the Capital Improvements Program accordingly; Requiring conditions on development approvals that phase development with the availability of facilities; Allowing developers to improve or provide public facilities at their own expense; Entering into public-private partnerships, when appropriate, to provide public facilities. CIE Policy 3.C states: The Board of County Commissioners find that the impacts of development on public facilities within Hillsborough County occur at the same time as development authorized by a final development order as defined in Policy 1.A.3.a. The County shall determine, prior to the issuance of final development orders, whether or not there is sufficient capacity of Category A and Category B 23/ public facilities to meet the standards for Levels of Service for existing population and the proposed development concurrent with the proposed development. For the purpose of this policy, "concurrent with" shall be defined as follows: 3.C.1: No final development order shall be issued by the County after January 31, 1990, unless there shall be sufficient capacity of Category A and Category B public facilities to meet the standards for Levels of Service for the existing population and for the proposed development according to the following deadlines: a: Prior to the issuance of the Certificate of Capacity for the following public facilities: 3.C.1.a.(1): Potable water. 3.C.1.a.(2): Sanitary sewer. 3.C.1.a.(3): Solid waste. 3.C.1.a.(4): Stormwater management. 3.C.1.b: Prior to the completion of the same County fiscal year as the issuance of the Certificate of Capacity for arterial and collector roads. 3.C.1.c: For parks and recreation facilities, prior to the issuance of the Certificate of Capacity or within a year of the issuance of the Certificate of Capacity if the necessary facilities are the subject of a binding executed contract or are guaranteed in an enforceable development agreement which requires the commencement of actual construction of the facilities within one (1) year of the issuance of the Certificate of Capacity. CIE Policy 3.C.2 states that a favorable capacity determination, following mandatory review of a development order, remains valid for two years. CIE Policy 3.C.4 indicates that the levels of service determinations shall be applied on a County-wide basis for solid waste disposal and regional parks. Levels of service determinations for facilities involving arterial and collector roads and mass transit shall be made by "[a]djoining sites and areas affected by the project based on individual analysis of the proposed development." Levels of service determinations for stormwater management systems shall be by major drainage basin. Levels of service determinations for district or neighborhood parks shall be by the relevant planning area. Levels of service determinations for potable water systems and sanitary sewer systems shall be by treatment plant service area, except that individual transmission (water) or collection (sewer) system limitations shall not result in closing the entire area to development if plant capacity remains. CIE Policy 1.C.1.a adopts level of service standards for all County arterial and collector roads by listing road segments and maximum volume-to- capacity ratios. CIE Policy 1.C.1.b adopts level of service standards for stormwater management systems, which include "significant canals, channels, ditches, pipeline/culvert enclosures of open systems, and appurtenant structures at crossings/control points." CIE Policy 1.C.1.b.(1) sets the adopted level of service for any existing system as the existing level of service until the system is physically upgraded and the Plan is amended to reflect the upgrade. CIE Policy 1.C.1.b.(2) states that the ultimate level of service for major stormwater conveyance systems is generally the 25 year/24-hour duration storm at flood level B except the more rigorous flood level A applies to new development and a less rigorous five year storm event applies for systems discharging into Tampa's stormwater conveyance system, which is designed to meet the demands of only the five year storm event. CIE Policy 1.C.1.b.(6) sets stormwater level of service standards based on flood capacity for other stormwater systems--i.e., sewer/swales and detention ponds/lakes/storage areas. CIE Policy 1.C.1.c sets the potable water level of service standard at 140 gallons daily per person. CIE Policy 1.C.1.d sets the sewage level of service standard at 100 gallons daily per person plus 23.8% for nonresidential sewage. CIE Policies 1.C.1.f-1.C.2 set level of service standards for solid waste, parks and recreation facilities, mass transit, and non-County maintained public facilities. FLUE Policy A-5.3 addresses the concurrency monitoring system: Areas that have excess and deficient capacities for public facilities in unincorporated Hillsborough County shall be identified, and this information shall be updated no less than once a year. Development will be encouraged in areas with excess capacities for public facilities, and discouraged in areas with deficient capacities for public facilities unless these facilities can be provided concurrently with development and consistent with the [Plan], County Regulations and adopted levels of service for public facilities. The monitoring and enforcement aspects of the concurrency management system are detailed in the CIE's Implementation section, which is part of the adopted Plan. The Implementation section assures: "no final development order shall be issued which results in a reduction in the Levels of Service below the standard adopted in Policy 1.C.1 for Category A public facilities and Policy 1.C.2 for Category B public facilities." CIE, page 25. The concurrency determination is based on a monitoring program that calls for, among other things, annual reports on the capacity and actual levels of service of public facilities for which concurrency is required. The monitoring program requires a separate record of the cumulative impacts of all development orders approved year-to-date. CIE, page 27. FLUE Policy A-5.6 states: Public facilities and utilities shall be located to consider: (a) maximizing the efficiency of services provided; (b) minimizing their cost; and (c) minimizing their impacts upon the natural environment. FLUE Policy A-5.7 identifies procedures, such as development phasing and utility oversizing, "so that the location and timing of new development can be closely coordinated with local government's ability to provide public facilities." FLUE Policy A-5.8 adds that the County shall promote partnerships among governmental and private entities "to identify and build needed public facilities among the partners in proportion to the benefits accruing to each of them." Specifically addressing transportation facilities, FLUE Objective A-6 states: All new development and redevelopment shall be serviced with roads that meet or exceed the adopted levels of service established by Hillsborough County. FLUE Policy A-6.1 is to: Coordinate land use and transportation plans to provide for locally adopted levels of service consistent with the Transportation and Capital Improvements Elements . . .. FLUE Objective A-7 is: The concept plan is the overall, conceptual basis for the long range, Comprehensive Plan, and all plan amendments must be consistent with, and further the intent of the concept plan, which advocates nodal clusters of growth connected by corridors that efficiently move goods and people between each of the nodes. FLUE Policy A-7.3 states: The development of a variety of employment centers shall be encouraged at adopted locations, as defined by the concept plan and applicable development regulations, to provide employment opportunities throughout existing and planned development areas. The Implementation section of the FLUE describes the concept plan involving nodal development. The purpose of the nodal activity centers is to "begin to form an urban structure that encourages the cohesiveness of the neighborhood unit while facilitating the connection and interdependence of the region as a whole." FLUE, page 57. The Implementation section describes four types of nodes. The most intense is the high intensity node, which is limited to the Central Business District of Tampa. The next most intense is the mixed use regional node, which designates existing and future regional shopping centers, major office and employment areas, higher education institutions, and professional sports and recreation complexes. The mixed use regional nodes include the West Shore Business District, Urban Level 3 Regional Activity Center in the I-75 corridor west of Brandon, University of South Florida area, and Tampa Palms at CR 581 and I-75. Less intense than the mixed use regional node is the community center node, which "will designate and emphasize a focal point for surrounding neighborhoods that will include a variety of public facilities and services including commercial and office development." FLUE, page 57. The community center nodes include numerous named areas. Least intense is the neighborhood node, which designates areas "appropriate for some higher intensity residential development with the density tied to a relationship with the scale of existing surrounding development." FLUE, page 58. There are numerous existing and potential neighborhood nodes. FLUE Policy A-7.6 states: Scattered, unplanned, low density development without provisions for facilities and services at levels adopted in the [Plan] in locations not consistent with the overall concepts of the [Plan] shall be prohibited. To qualify for densities in excess of 1:5 in areas designated Low Suburban Density Residential Planned and Rural Residential Planned, FLUE Policy A-7.7 requires residential development to conform to the requirements contained in the FLUE Implementation section, such as clustering, on-site job opportunities, internal trip capture, and shopping opportunities. FLUE Policy A-7.8 explains that the clustering and mixed use requirements imposed upon development in areas designated Low Suburban Density Residential Planned and Rural Residential Planned are intended: to prevent urban sprawl, provide for the efficient provision of infrastructure, and preservation of open space and the environment. Clustering and Mixed Use shall be encouraged in the other suburban and rural plans categories. FLUE Policy A-7.10 states that developments in areas designated as Low Suburban Density Residential Planned and Rural Residential Planned and involving at least 160 acres, if proceeding under the Planned Village concept, "shall be served by a central wastewater system (i.e. franchise, interim plant, community plant, county/municipal regional or sub-regional service, or other privately owned central systems)." Housing Element Objective 1.3 states: By 1992, establish guidelines for locating low and moderate income housing accessible to employment centers, mass transit systems, shopping and cultural, educational, medical and recreational facilities. Housing Element Policy 1.3.5 provides: By 1992, proactive public land investment initiatives along with incentives for private developments shall be explored, and implemented which include but are not limited to the following: disposition of surplus public land with developer incentives, public land assembly, disposition, and developer incentives in a comprehensive redevelopment framework and/or neighborhood rehabilitation plans; supplementary public initiatives to support private land assembly and affordable housing development; and the creation of a public-private partnership corporation to undertake land investment and facilitate private development of affordable housing in desirable locations. Housing Element Policy 1.3.6 states: "The County shall pursue federal and state funding sources for infrastructure improvements and for the construction or rehabilitation of low and moderate income housing." FLUE Objective B-4 addresses the locational criteria by which commercial uses will be permitted under the Plan. The objective states: Locational criteria for neighborhood serving commercial uses shall be implemented to scale development consistent with the character of the areas and to the availability of public facilities and the market. FLUE Policy B-4.1 states that the amount of neighborhood-serving commercial uses permitted in an area shall be consistent with the table adopted in the Implementation Section of the [FLUE] relating to land use density and the functional classification of the road network. FLUE Policy B-4.6 is: "Scattered, unplanned commercial development shall be discouraged, and commercial concentration shall be encouraged." FLUE Policy B-4.7 adds: "Commercial development should be designed to decrease the need for motorized vehicle trips by designing convenient, safe, non- motorized access." FLUE Policy B-4.8 provides: The expansion of existing strip commercial areas shall be prohibited, except in accordance with infill provisions in existing neighborhood commercial areas, and office or higher density residential development shall be considered as a viable alternative when in accordance with applicable development regulations. FLUE Policy B-5.1 addresses the redevelopment of commercial areas: "The redevelopment or revitalization of rundown strip commercial areas shall be encouraged through incentives such as the use of residential density credits for infill development that could include mixed use development." Further refining the guidelines for commercial redevelopment, FLUE Policy B-5.3 states: The redevelopment of appropriate commercial areas to include residential and/or office development that will reduce the number of transportation trips by increasing a project's internal capture rate shall be encouraged through incentives such as the use of residential density credits for infill development. FLUE Objective B-6 promises ongoing studies to identify the areas suitable for different types of industrial uses. FLUE Policy B-6.2 states that light industrial uses-- specifically, research and development--shall be encouraged to locate within the I-75 corridor, adjacent to the Tampa International Airport, and within the I-4 corridor. FLUE Policy B-6.5 provides: Expansion or new development of non- industrially designated land uses in industrially designated areas shall be prohibited unless the use is determined to be an accessory and complementary use to the industrial area. Applicable development regulations shall contain standards and/or criteria for location and intensity of these types of non-industrial uses. The intent is to ensure the availability of lands for industrial development, and to ensure that such subordinate uses will be in conjunction with the surrounding industrial area, as long as the industrial uses in the area are the predominant uses. FLUE Policy B-6.7 states: "Future industrial development shall be concentrated within industrial and mixed use areas as defined on the Future Land Use Map." Addressing agriculture, FLUE Objective B-7 states: Hillsborough County shall take active measures to foster the economic viability of agricultural activities by recognizing and providing for [their] unique characteristics in land use planning and land development regulations. FLUE Policy B-7.1 is to "[p]romote the development and maintenance of Plant City and Ruskin as agricultural market centers that strengthen the agricultural economy, encouraging agricultural uses within and around both communities." FLUE Policy B-7.2 is to "[a]llow agriculture as a viable use both prior and subsequent to the mining of land designated or approved for mining purposes." FLUE Policy B-7.5 warns: Anyone seeking the maximum long-term protection for long-term agricultural activities either should locate these activities on land in the Agricultural, Agricultural/Mining, Agricultural/Rural, Rural Estate and Rural Residential designated land use categories or should seek having these designations placed on their current location. FLUE Policy B-7.6 advises: "Anyone seeking to farm until it is more feasible to develop the property non- agriculturally should locate and remain in non-rural designated areas." FLUE Policy B-7.7 guarantees, for areas designated Agricultural, Agricultural/Mining, and Agricultural/Rural, that minimum acreages needed for viable agriculture will remain after clustering is approved. FLUE Policy B-7.9 is to defer charging an on-going agriculturally used property designated Agricultural, Agricultural/Mining, Agricultural/Rural, Rural Estate, or Rural Residential for public water or sewer tie-ins until actual connections are made or the designation is changed to a non- rural land use category. FLUE Objective B-8 deals with the question of compatibility between agricultural and nonagricultural uses in areas designated other than Agricultural, Agricultural/Mining, Agricultural/Rural, Rural Estate, and Rural Residential. FLUE Policy B-8.4 is to "[d]iscourage the location of new non- agricultural uses adjacent to pre-existing agricultural uses in rural land use categories." FLUE Objective C-25 addresses the need for "urban level densities" to encourage single and mixed uses in the I-75 corridor. FLUE Policy C-25.2 is to: "Encourage provision of affordable housing within mixed use developments through public and private sector initiatives." FLUE Policy C-25.3 is to limit the maximum density to 8:1 in the Urban Level 1 area between Tampa and the Pasco county line. FLUE Policy C-25.5 is to encourage access to urban level development on county arterials rather than state highways. FLUE Objective C-27 states: Employment centers shall be planned throughout the I-75 corridor, and residential opportunities shall be permitted in each of the plan categories within the I-75 corridor in order to promote opportunities for all segments of the population to live and work within the corridor, regardless of age, sex, race and income. FLUE Policy C-27.2 is to: "Encourage the provision and integration of low and moderate income housing dispersed throughout the urban level categories." FLUE Objective C-28 states: "Mass transit opportunities shall be expanded within the I-75 corridor." FLUE Objective C-31 is: By 1991, the County shall pursue the Regional Activity Center designation for the area within the I-75 corridor defined as that area consisting of the Urban Level 3 land use plan category on the Future Land Use Plan Map. FLUE Policy C-31.2 is for the County to develop incentives for development to locate within the Regional Activity Center. Suggested incentives are transferable development rights, increased densities and intensities, priority public facility funding, and special taxing districts. FLUE Objectives C-32 and C-33 establish corridors for I-4 and North Dale Mabry, respectively. In the I-4 corridor, light industrial uses are encouraged. In the North Dale Mabry corridor, clustered commercial, such as shopping centers, are encouraged over "scattered unplanned commercial development." 4. Funding and Financial Feasibility 615. CIE Objective 2 is: Provide needed public facilities that are within the ability of the County to fund the facilities. . . from County revenues, development's proportionate share contributions, and grants or gift[s] from other sources. [Rule] 9J-5.016(3)(b)5. CIE Policy 2.A states: The estimated costs of all needed capital improvements shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current statutes, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. [Rule] 9J- 5.016(3)(c)1.f. CIE Policy 2.B provides: "Existing and future development shall both pay for the costs of needed public facilities." CIE Policy 2.B.1.a states: Existing development shall pay for some or all of the capital improvements that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of capital improvements needed by future development. CIE Policy 2.B.1.b adds: "Existing development's payments may take the form of user fees, special assessments and taxes." Addressing future development, CIE Policy 2.B.2.a provides: The County will allocate the costs of new public facilities on the basis of the benefits received by existing and future residents so that current residents will not subsidize an urban sprawl pattern of new development. CIE Policy 2.B.2.b states: Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, capacity fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Future development shall not pay impact fees for the portion of any capital improvement that reduces or eliminates existing deficiencies. The Five-Year Schedule of Capital Improvements contained in the CIE discloses planned capital expenditures, as they were known in June and July, 1989. The Five-Year Schedule indicates that, for the five-year period ending with fiscal year end 1994, the following capital costs are projected by public facility type: roads--$273,668,000; parks--$28,611,000; water--$10,798,000; sewer--$55,848,000; stormwater-- $29,345,000; and solid waste--$16,250,000. The total of these capital expenditures is $414,520,000. For each project, the Five-Year Schedule describes the general funding source. The CIE contains a section entitled Costs and Revenues by Type of Public Facility, which is an adopted part of the Plan. The Costs and Revenues section, which was prepared in December, 1990, states: The [CIE] is 100% financed by revenue sources that are available to the County under current law, therefore the Element is financially feasible, as required by the Florida Administrative Code. There is no "unfunded" portion of the Schedule of Capital Improvements. The Costs and Revenues section identifies each of the public facilities for which concurrency is required, the total expenditures planned for each public facility for the five-year capital planning period, and general sources of revenue by facility type. The costs and revenues by public facility type are: roads--$193,684,000; parks--$17,865,000; water-- $9,265,000; sewer--$76,179,000; drainage--$25,000,000; and solid waste--$16,250,000. The total of these capital expenditures is $362,097,000. Evidently, budget cutbacks took place in the 18 months between the adoption of the Five Year Schedule in mid 1989 and the adoption of the Costs and Revenues section in December, 1990. 5. Transportation Level of Service Standards Transportation Element Policy 1.1.1 sets minimum peak hour level of service standards for County roads, subject to lower standards for certain roads listed in CIE Policy 1.C.1.a. Transportation Element Policy 1.1.4 sets minimum peak hour level of service standards for State roads, subject to lower standards for certain roads listed in Transportation Element Table 2. 24/ Transportation Element Tables 1 and 2 show that 58 of the 147 state road segments in Hillsborough County are operating below the level of service standards generally adopted in Policy 1.1.4. These standards are D for all Urban state roads except for minor arterials, which are E, and C for all Rural state roads except for minor arterials, which are D. Table 1 shows that, by 1995, an additional 33 state road segments will be operating below the generally adopted level of service standard. Transportation Element Policy 1.1.4 concludes: "No development orders will be issued that would further reduce the current level of service on those roads listed in Table 2 of this element except where the development is vested under law." Transportation Element Figure 4 shows the location of all roads operating at level of service F. None is south of the Alafia River. The impaired roads are entirely in northwest and northcentral Hillsborough County. Among the road segments operating below the generally applicable level of service standards for state roads are four of the 11 segments of SR 574 (Buffalo/King), 10 of the 15 segments of SR 597 (Dale Mabry Highway), four of the five segments of SR 580 (Hillsborough Ave.), seven of the 10 segments of I- 275, seven of the eight segments of I-4, and four of the five segments of US 41 (Nebraska Ave. portion only). Much less impacted state road segments include I- 75, which has no segment operating below its adopted level of service standards; US 301, which has two of nine segments operating below its adopted level of service standards; and US 41 (southern sections), which has no segment operating below its adopted level of service standards. Transportation Element Policy 1.1.4 states that state roads operating below adopted level of service standards are "backlogged" or "constrained" and shall have a level of service standard established by the volume-to-capacity ratio listed for each road on Table 2. The Data and Analysis discuss the transportation problems confronting Hillsborough County. Many of the impaired road segments are scheduled for capital improvements in the Florida Department of Transportation five year work program. One key exception is Dale Mabry Highway, which will remain at level of service F even after planned work is completed. Transportation Element, page 24. Transportation Element Policy 1.1.7 promises that, within one year after adoption of the Plan, the County will enter into an agreement with the Florida Department of Transportation to identify actions that the County will take to "maintain the existing average operating conditions" on backlogged or constrained state roads. Transportation Element Policy 1.1.14 provides that Hillsborough County will, by 1990, initiate studies to identify State and County road corridors not capable of undergoing further capacity-increasing improvements and are thus suitable for designation as constrained corridors. 6. Vested Rights and Developments of Regional Impact The Legal Status of the Plan, which is part of the FLUE, addresses vested rights. The Legal Status section requires the County to develop an administrative process by which vested rights can be determined. The Legal Status section preconditions a finding of vested rights upon the following: That the person owned the parcel proposed for development at the date of the adoption of this [Plan], or the person had a contract or option to purchase the parcel on such date, or that it would be inequitable, unjust or fundamentally unfair to deny an application for vested rights where the person acquired ownership prior to February 1, 1990; and That there was a valid, unexpired act of any agency or authority of Hillsborough County government upon which the person reasonably relied in good faith; and That the person, in reliance upon this act of government, has made a substantial change in position or had incurred extensive obligations or expenses; and That it would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the person. In making this determination, the County may consider a number of factors, including but not limited to consideration of whether actual construction has commenced and whether the expense or obligation incurred is unique to the development previously approved and is not reasonably usable for a development permitted by the [Plan] and land development regulations. FLUE, page 128. Ensuing provisions of the Legal Status section identify various vested rights based on whether a development is exempted from concurrency. The Legal Status section also addresses certain development orders under developments of regional impact (DRI). Between the Plan adoption date and February 1, 1990, the County will approve buildout of not more than a "limited stage" of the total proposed DRI. Generally, the buildout approval will be limited to the part of the proposed development that has received Site Development Approval within two years following the expiration of the development order's initial appeal period. The Legal Status section authorizes the approval of additional development stages beyond the two-year limit if the development application had been received by the County prior to the Plan adoption date, the developer made substantial expenditures before Plan adoption in conducting a transportation analysis, and the transportation analysis focused on impacts occurring beyond the two-year limit. Development activity following the approved initial stage shall be subject to the Plan, including the concurrency requirements. The Legal Status section also recognizes the practice of "pipelining." The Legal Status section states: "While 'pipelining' will remain a permitted transportation mitigation option, the Board of County Commissioners will closely scrutinize its use." FLUE, page 129. Miscellaneous Intergovernmental Coordination Intergovernmental Coordination Element (ICE) Objective 1 states: By 1990, Hillsborough County shall establish new and review existing coordination mechanisms that will evaluate and address its comprehensive plan and programs and their effects on the comprehensive plans developed for the adjacent local governments, school board, and other units of local government providing services but not having regulatory authority over use of land and the State, by an annual county-wide forum sponsored by The Planning Commission. Assistance for this effort shall be requested from regional and state agencies by The Planning Commission, as needed. ICE Objective 3 requires the County, by 1991, "to address through coordination mechanisms the impact of development proposed in the [Plan] upon development in adjacent jurisdictions, the region and the state." Dual Planning Timeframes The Plan contains dual planning timeframes. Overall, the Plan contains a 20-year planning timeframe. However, shorter planning periods are addressed, such as the five-year period covered in the Five-Year Schedule of Capital Improvements. Regional Plan Provisions The Tampa Bay Regional Planning Council has adopted a regional plan known as the Future of the Region: A Comprehensive Regional Policy Plan for the Tampa Bay Region dated July 1, 1987 (Regional Plan). The Regional Plan, which applies to unincorporated Hillsborough County, is divided into goals and policies. Regional Goal 8.1 is: "By 1990, there will be an ample supply of water to meet all projected reasonable and beneficial uses in the Tampa Bay region." Policy 8.1.4 states: "Land use planning and development decisions shall consider the impact on surface and groundwater quality." Regional Goal 8.5 is: "By 1991, the region will increase the protection of major public water supplies and wellfields." Policy 8.5.1 states: "Prime groundwater recharge areas and cones of influence of existing and future major public water supplies and well fields shall be identified and mapped." Regional Goal 8.7 is: "By 1991, new developments in the region will be required to use the best management practices and/or procedures to reduce pollutants in stormwater runoff." Policy 8.7.1 requires the development of programs to ensure water reclamation and reuse with respect to wastewater and stormwater. Regional Goal 8.8 is: "By 1995, existing developments will be required to make measurable progress toward meeting stormwater standards." Policy 8.8.1 provides: "Local governments should upgrade or retrofit drainage systems in urbanized areas to include stormwater treatment for water quality." Policy 8.8.4 requires that agricultural runoff "shall be handled with Best Management Practices to minimize its impact upon receiving waters." Regional Goal 8.9 is: "By 1995, there shall be an increase in the effectiveness of programs protecting or enhancing the ecological function of natural systems (aquatic, wetland and terrestrial systems)." Policy 8.9.1 is to develop regional and local programs "to identify, protect and conserve the natural character and function of area lakes, streams, estuaries, wetlands, floodplain areas, and upland areas." Policy 8.9.2 directs that local government comprehensive plans shall incorporate the following: a) adoption of criteria for work in lake, riverine and wetland systems which will protect water quality, wildlife habitat and natural hydrological functioning of these areas; b) conservation of valuable upland habitat and wetland systems; c) preservation of habitat for endangered and threatened species; d) establish ecological minimum flow criteria and hydroperiod for surface waters; e) utilization of biological treatment methods and natural areas, such as wetlands, for stormwater treatment in areas of development/redevelopment to the maximum feasible extent. Regional Goal 8.10 is: "By 1991, land use practices will reduce the disruption of natural floodplain functions." Policy 8.10.1 states: "Regulations should be developed to promote appropriate land use practices compatible with floodplain areas and provide for performance standards for these land uses." Regional Goal 9.1 is: "By 1990, coastal zone areas will have increased vegetation, enhanced beach systems and improved environmental quality." Policy 9.1.2 provides: "The protection of coastal vegetative communities, coastal wildlife habitats, and dune systems from the adverse effects of development shall be required." Regional Goal 9.3 is: "By 1995, aquatic preserves in the Tampa Bay region will be more productive than 1985 levels and have a significant improvement in quality over 1985 measurements." Policy 9.3.3 requires buffer zones or other appropriate protection "between pristine aquatic preserves and adjacent upland uses to prevent degradation of water quality, shoreline and marine habitats." Regional Goal 9.4 is: "By 1991, all marine resources will be protected from contamination from human-induced processes." Policy 9.4.1 states: To protect sensitive marine resources from immediate and near future degradation resulting from improper development practices and recreational misuse, priority shall be given to water dependent uses or other types of shoreline development such as marina, light industry, ports and shoreline compatible commerce. Policy 9.4.2 states that the exploration and development of mineral resources "shall only proceed in an ecologically sound manner which does not threaten marine, aquatic, and estuarine resources." Policy 9.4.5 provides: "Dredging or spoiling of undisturbed bay bottom shall be prohibited. " Regional Goal 9.5 is: "By 1995, there will be at least a 5 percent increase in productivity of marine fisheries habitat and other aquatic resources." Policy 9.5.1 states: "Long-term productivity of marine fisheries habitat and other aquatic resources shall be increased and restored through estuary and intertidal protection." Regional Goal 9.6 is: "By 1990, coastal area will be protected by local government controls and other building regulations that will enhance the character and function of barrier islands and other environmentally sensitive areas." Policy 9.6.1 states: "Land and water uses shall be compatible with the protection of sensitive coastal resources." Policy 9.6.2 provides: "The use of government funds to subsidize development should be prohibited in high-hazard coastal areas." Policy 9.6.3 is to identify coastal high hazard areas "where the expenditure of public funds to subsidize development shall be prohibited." Policy 9.6.4 states: "The use of public funds to rebuild public facilities damaged by hurricanes or other storms shall be limited to facilities essential only for public health and safety." Regional Goal 10.1 is: "By 1995, the Tampa Bay region's conservation areas will have increased environmental quality and functional characteristics that provide suitable habitat to all wildlife and flora indigenous to the region." Policy 10.1.1 states: "Protect the habitats and plant communities that tend to be least in abundance and most productive or unique." Policy 10.2.2 states: The hydrologic continuity and water quality of identified isolated wetlands shall be protected. Development activities or other land disturbances in the drainage area of the wetlands shall minimize alterations to the surface or subsurface flow of water into and from the wetland and shall not cause impairment of the water quality or the plant and wildlife habitat value of the wetland. Policy 10.2.3 requires "water users, such as agriculture and mining," to prepare mitigation plans "to minimize unavoidable impacts to nearby wetlands." Policy 10.2.4 requires: Mitigation measures shall be developed to provide water quality benefits and plant and animal habitat equivalent to the wetland destroyed or altered. Newly created wetlands should include at least 1:1 mitigation using the same type or more productive vegetation with at least an 80-85 percent natural cover rate, over a 2 to 5 year period. Regional Goal 10.3 is: "By 1993, regional preservation areas will be protected by regulations or practices from further development and will be preserved and/or restored to their natural state." Policy 10.3.1 states, in part: "Preservation areas, such as marine grass beds . . . and other vital or critical natural systems, shall be protected from any further development except in cases of overriding public interest." Policy 10.3.3 provides: "Unique upland communities and habitats in identified preservation areas should be protected from development that would significantly alter their character. Preservation and restoration of these communities shall be required." Regional Goal 10.4 is: "By 1991, development in the 100 year floodplains should be strictly regulated." Policy 10.4.1 allows new channelization only as a "last resort" in flood protection for existing development. Policy 10.4.4 prohibits channelization solely to create new lands for development. Policy 10.4.2 prohibits locating new development in river floodways (i.e., the area of highest velocity during flow) except in cases of overriding public interest. Policy 10.4.3 requires that new development in the flood fringe (i.e., the area of the floodplain outside the floodway) meet flood hazard construction requirements. Regional Goal 10.5 is: "By 1991, new or rebuilt development within the 25 year floodplain will not contribute adverse water quality impacts from stormwater runoff." Policy 10.5.2 states: "Development along all river floodplains shall be low density with adequate setbacks to maintain existing areas of natural habitat." Regional Goal 10.6 is that, by 1995, there shall be "measurable indications" of greater commitment from local governments and private parties to "conserve, protect, and enhance" populations and habitats of endangered, threatened, and special-concern species. Policy 10.6.1 recommends the adoption of incentives to encourage the preservation of native habitats. Policy 10.6.2 states: Identified areas that contain viable populations of, or suitable habitats for, species listed as endangered, threatened, or of special concern . . . shall be classified as environmentally sensitive, preservation, or conservation areas with future development limited to land uses compatible with the listed species. Regional Goal 10.8 is: "By 1991, there will be marked changes in land rearrangement and vegetation clearing practices that do not degrade the region's natural drainage and percolation patterns." Policy 10.8.1 requires the use of buffer zones between agricultural lands and water bodies. Regional Goal 10.9 is: "By 1995, the region's forested and woodland areas will not have decreased in size by more than 3 percent, or have any less characteristics than present in 1988." Policy 10.9.1 requires the addition to local government comprehensive plans of forest preservation plans for significant woodlands or forests. Policy 10.9.2 states that the forest preservation strategy shall consist of mapping of forests and woodlands, identifying those forest or woodland areas that are wetlands or habitat protection areas, and providing incentives for the conversion of other land uses to forested conditions. Policy 10.9.3 states that wildlife corridors should be maintained. Regional Goal 16.8 is: "As an ongoing goal, all dredge and fill activities shall be carried out only when necessary and in a manner least harmful to the surrounding environment." Policy 16.8.1 provides: Any project including unavoidable destruction of habitat shall mitigate all lost wetland habitat on a 1:1 in-kind basis, at minimum. Mitigation shall include monitoring with assurance of an 80-85% natural cover area after 2-5 years. Policy 16.8.2 states: "Unique and irreplaceable natural resources shall be protected from adverse effects." This policy is intended to apply to dredge and fill projects, as is clear from the standard by which compliance is to be measured, which is the "amount of dredging or filling within unique and irreplaceable natural resources." Regional Goal 13.6 is: "By 1995, groundwater contamination due to inappropriately located or improperly used septic tanks shall be eliminated." Policy 13.6.2 provides: "Permitting process criteria for septic tanks and their fields shall take into consideration adverse impacts on water quality and aquatic resources." Policy 13.6.4 requires a survey locating "septic tanks associated with all commercial and industrial activities" and an "evaluation . . . concerning potential adverse effects on groundwater resources, water supply wells, and ground water recharge potential." Regional Goal 13.9 is: "By 1995, water quality will be improved by the control of point and non-point discharges into surface waters." Policy 13.9.2 states: "Domestic sewage and industrial discharges shall be required to achieve best practical technological standards and to implement reuse systems to minimize pollution discharge." Regional Goal 13.10 is: "By 1995, the number of project-specific 'package plants' shall be reduced from 1988 levels." Encouraging private cost- sharing in the construction of regional wastewater facilities and the development of requirements for connecting package-plant systems to regional systems when available, Policy 13.10.1 also provides: When necessary, project-specific "package plants" shall be allowed but only where a detailed hydrogeological analysis of the site determines low potential for groundwater contamination from hazardous wastes or other pollutants. Regional Goal 14.4 is: "By 1991, mining practices will be designed to fully protect the natural environment from the adverse effects of resource extraction." Policy 14.4.1 states: "There shall be no mining in areas which are geographically or hydrologically unsuitable for the extraction of minerals or in areas which are crucial to the provision of essential public services." Policy 14.4.2 provides: "There shall be no mining in the 25-year floodplain." Policy 14.4.3 states: The mining of environmentally sensitive areas shall be avoided unless it can be demonstrated that technology associated with reclamation and restoration can restore those areas. Mining and reclamation procedures shall minimize permanent changes in natural systems and the permanent loss of environmental resources. The best available technology and practices shall be used to re-establish the land forms, land uses, and natural vegetation associations that existed prior to mining of the land to the extent feasible and desirable. Policy 14.4.4 provides that the portion of mining areas that contain endangered or threatened wildlife species shall be protected. Policy 14.4.5 states that mining and processing shall be conducted so as to "protect, manage and more efficiently utilize water resources." Regional Goal 16.1 is for ten percent of DRI's to be located in designated regional activity centers between 1986 and 1990. Regional Goal 16.2 is: "As an ongoing goal, new urban development, including in-fill, will occur on land which has the capacity to accommodate growth in terms of environmental and infrastructural impacts." Policy 16.2.1 states: "Contiguous development and the orderly extension and expansion of public facilities are necessary." Policy 16.2.2 encourages the location of higher density developments within existing urban areas where public facilities are available. Regional Goal 16.5 is: By 1991, the integrity and quality of life will be maintained in existing residential areas and will be required of new residential developments through the continued revision and adoption of local government comprehensive plans, environmental and land use regulations. Policy 16.5.1 provides that residential areas shall be located and designed to protect from "natural and manmade hazards such as flooding, excessive traffic, subsidence, noxious odors and noise." Policy 16.5.2 states: "Residential land uses shall be encouraged in a manner which is compatible with the type and scale of surrounding land uses." Policy 16.5.4 encourages local governments to locate high density residential areas near regional activity centers and reduce densities elsewhere to "facilitate the restriction of urban sprawl [and] use of mass transit." Policy 16.5.5 encourages mixed use developments with buffering of residential areas. Policy 16.5.6 recommends the location of shopping facilities, recreation areas, schools, and parks within high density residential areas. Regional Goal 16.6 is: By 1991, commercial development, compatible with environmental and economic resources, will occur in a planned and orderly fashion through the continued revision and adoption of local government comprehensive plans, environmental and land use regulations. Policy 16.6.1 states: Commercial land uses shall be located in a manner which ensures compatibility with the type and scale of surrounding land uses and where existing or programmed public facilities will not be overburdened. Policy 16.6.2 is to locate regional commercial areas in planned centers to ensure compatibility and "efficiency of economic and natural resources." Policy 16.6.3 "strongly discourage[s]" strip commercial development, which "compounds traffic and land use conflicts." Regional Goal 16.7 is the same as Regional Goal 16.6, except that Goal 16.7 applies to industrial uses. Policy 16.7.1 is to locate industrial areas near adequate transportation for materials, labor, and products. Policy 16.7.5 encourages the redevelopment of urbanized industrial locations near major transportation facilities, such as ports and airports. Regional Goal 22.1 is: "By 1991, the Tampa Bay region shall balance the needs of agricultural and nonagricultural land uses." Policy 22.1.1 encourages the "preservation and utilization of agriculture land for agriculture uses." Policy 22.1.3 provides: "The recognition of agriculture as a form of land use and a category on land use plan maps, not simply as a holding zone, is encouraged, where appropriate." Policy 22.1.6 recommends: "Agriculture should be recognized as a major contributor to the region's economic base, and should be retained where possible to maintain the diversification of the region's economy." Regional Goal 22.2 is: "By 1991, agricultural practices will be implemented to reduce the amount of pesticides and other agriculturally based pollutants in surface waters, groundwater and sediments." Policy 17.1.1 states: To relieve pressure on existing public facilities, programs such as temporary density bonuses, special zoning designations and public acquisition of tax-delinquent property should be developed to encourage infilling of vacant urban lands. Policy 17.1.5 provides: "Capital improvements programs should maximize the development of existing systems before allocating funds to support public facilities in undeveloped areas." Regional Goal 17.2 is: "By 1991, the planning of public facilities will serve as a proactive growth management tool." Policy 17.2.1 requires that the location of public facilities "shall be used to guide urban development" and the "rate of private development should be commensurate with a reasonable rate of expansion of public and semi-public facilities." Policy 17.2.2 recommends the advance acquisition of sites for potential public and semi-public facilities. Regional Goal 19.1 is: As an ongoing goal, planning for and maintenance of an integrated transportation system including highway, air, mass transit, rail, water, and pipeline systems, which efficiently services the need for movement of all people and goods within the region and between the region and outside world[,] will continue to be implemented. Policy 19.1.2 is to reduce dependency upon the private automobile by providing an adequate mass transit system. Policy 19.1.3 states: "The transportation system should promote the efficient use of energy resources and improvement of the region's air quality." Policy 19.8.8 states: An operational Level of Service (LOS) D peak hour shall be maintained on all regionally significant roadways in urbanized areas. An operational LOS C peak hour shall be maintained on all regionally significant roadways in rural areas. However, Policy 19.8.9 provides: An operation Level of Service (LOS) E peak hour shall be maintained on all regionally significant roadways in Special Transportation areas as agreed upon by the FDOT, the appropriate MPO, the regional planning council, and the local government. Policy 19.8.14 states: Pipelining shall be an acceptable and sufficient DRI transportation impact mitigation for existing and future DRIs provided that all the following provisions are met: Project approvals shall be phased and shall not exceed five years. Subsequent approvals shall be subject to further analysis and additional pipeline mitigation. Roadway improvement to be pipelined shall: be selected from the list of existing or proposed regional transportation facilities substantially affected by the development identified by the [regional planning council] during the DRI review. preferably be consistent with MPO and FDOT long-range plans. receive concurrence from the local government and [regional planning council] with review and comment by MPO and FDOT. The developer fair share pipeline contribution shall be equalto or exceed an amount calculated pursuant to DCA pipeline transportation policy. The developer shall receive credit against impact fees, pursuant to law. Local government, based upon traffic analysis or studies, and/or long range planning, may authorize alternative pipelining approaches and conditions, to those established in subparagraph 1 above, provided that such variations are technically appropriate and that the basis for, and the conditions of, such variations are specifically set forth in the Development Order. Regional Goal 11.1 is: "By 1995, land use-related airborne contaminants will be reduced within the region by a measurable percentage." Policy 11.1.1 is for each local government to develop procedures to assess air quality impacts from non-DRI development, such as strip shopping centers, that have a cumulative impact on traffic flow. Policy 11.1.4 is to "[i]nitiate control measures where construction, mining and other activities where heavy vehicular traffic and/or meteorological conditions result in significant air pollution." Regional Goal 11.2 is: "By 1992, the regional will maintain ambient sulfur dioxide, carbon monoxide, nitrogen dioxide, lead, ozone, and total suspended particulate levels that are equal to or better than the state and federal standards." Regional Goal 11.6 is: "By 1992, transportation related air quality impacts that adversely impact ambient air quality will be reduced." Policy 11.6.1 states that the metropolitan planning organizations and others entities involved in transportation planning "shall give priority to traffic flow improvements that reduce air pollution, particularly in areas that exceed ambient standards." Regional Goal 12.3 is: "As an ongoing goal, the most energy efficient and economically feasible means shall be utilized in construction, operation and maintenance of the region's transportation system." Policy 12.3.1 recommends consideration of incentives such as development or expansion of mass transit, "park and ride" programs, and public awareness of mass transit options. Regional Goal 20.2 is: "By 1990, the region's governments shall increase their efficiency and effectiveness." State Plan Provisions The state comprehensive plan is set forth at Sections 187.201 et seq., Florida Statutes. Section 187.201(8)(b)12 states: "Eliminate the discharge of inadequately treated wastewater and stormwater runoff into the waters of the state." Section 187.201(10)(b)5 provides: "Promote the use of agricultural practices which are compatible with the protection of wildlife and natural systems." Section 187.201(23) states the goal of agricultural policies as follows: Florida shall maintain and strive to expand its food, agriculture, ornamental horticulture, aquaculture, forestry, and related industries in order to be a healthy and competitive force in the national and international marketplace. Section 187.201(16) states the goal of land use policies as follows: In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. Section 187.201(18)(b)1 and 3 provides: Provide incentives for developing land in a way that maximizes the uses of existing public facilities. Allocate the costs of new public facilities on the basis of the benefits received by existing and future residents. Section 187.201(16)(b)2 states: "Develop a system of incentives and disincentives which encourages a separation of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats." Section 187.201(20)(b)2 provides: "Coordinate transportation investments in major travel corridors to enhance system efficiency and minimize adverse environmental impacts." Section 187.201(20)(b)9 states: "Ensure that the transportation system provides Florida's citizens and visitors with timely and efficient access to services, jobs, markets, and attractions." Section 187.201(11) states the following goal: "Florida shall reduce its energy requirements through enhanced conservation and efficiency measures in all end-use sectors, while at the same time promoting an increased use of renewable energy resources." Section 187.201(11)(b)2 adds: "Ensure that developments and transportation systems are consistent with the maintenance of optimum air quality." Section 187.201(12)(b)4 provides: "Ensure energy efficiency in transportation design and planning and increase the availability of more efficient modes of transportation." Section 187.201(12)(b)5 states: "Reduce the need for new power plants by encouraging end-use efficiency, reducing peak demand, and using cost-effective alternatives." Section 187.201(5)(b)4 states: "Reduce the cost of housing construction by eliminating unnecessary regulatory practices which add to the cost of housing." Section 187.201(21)(b)4 and 12 provides: "Eliminate regulatory activities that are not tied to specific public and natural resource protection needs" and "Discourage undue expansion of state government and make every effort to streamline state government in a cost effective-manner. Ultimate Findings of Fact Minimum Criteria of Data and Analysis Sufficiency of Data and Analysis (Issues 1-9) As to Issue 1, the ELUM's show existing and planned water wells, their cones of influence, historic resources, floodplains, wetlands, minerals, and soils. The ELUM's show many important existing public facilities, such as roads, potable water facilities, sanitary sewer facilities, and schools. The depiction of power line rights of way and power generating facilities is less clear, although major public and industrial uses are indicated. As to Issues 2 and 3, the Data and Analysis describe at length the fisheries, wildlife, marine habitats, and vegetative communities that are found in Hillsborough County. The text and CARE Table 11 identify endangered, threatened, or special-concern species associated with each habitat. As to Issue 3, for each of the vegetative communities or habitats found in Hillsborough County, the Data and Analysis identify various uses, known pollution problems, and potential for conservation, use, or protection. As to Issue 4, the Data and Analysis discuss the suitability of soils for septic tanks. The discussion notes the problems associated with the placement of septic tanks on poorly drained soils, as well as excessively drained soils. The Data and Analysis identify the parts of the County with such soils, especially the poorly drained coastal soils of the coastal high hazard area. As to Issues 4 and 5, the Data and Analysis acknowledge that septic tank failures have adversely affected the water quality of Cockroach Bay. The discussion of the impact of septic tanks in other parts of the Tampa Bay estuary is less specific geographically. But the Data and Analysis generally recognize the role of inadequately treated domestic wastewater and inadequately treated stormwater runoff in the eutrophication of Tampa Bay. As to Issue 6, the Data and Analysis consider the potential for conservation, use, and protection of all surface waters in Hillsborough County, including Tampa Bay. As to Issue 7, the Data and Analysis identify and analyze existing and future water needs and sources and natural groundwater recharge areas. Although Hillsborough County contains no areas of prime recharge to the Floridan aquifer nor of high natural recharge to any aquifer, the Data and Analysis identify locations of very low to moderate natural aquifer recharge and areas of high susceptibility to groundwater contamination. As to Issue 8, the Data and Analysis contain land use suitability analyses in which various land uses are correlated to natural features, including natural resources. Oversized Map 13 locates very severely limited soils and critical and sensitive lands in relation to vacant lands. Other ELUM's more specifically locate and analyze vacant lands, floodplains, wetlands, historic resources, minerals, soils, rivers, bays, lakes, harbors, estuarine systems, recharge areas, areas highly vulnerable to groundwater contamination, water wells, vegetative communities, wildlife habitat, and other natural resources appropriately considered in analyzing potential land uses for vacant land. The Data and Analysis textually analyze the suitability of various types of land for different land uses. In some cases, the analysis is incomplete, such as with respect to suitable land uses within the cones of influence of water wells or adjacent to wellfields. Even for such resources, however, the Data and Analysis support the inference that activities involving considerable water consumption or wastewater production, like traditional phosphate mining operations, should not be located in close proximity to water wellfields. The Data and Analysis explicitly identify the risk to groundwater posed by impervious surfaces and groundwater contamination such as from septic drainfields and leaking underground storage tanks. Thus, suitable land uses may at least be inferred with respect to areas of natural moderate aquifer recharge or artificially high aquifer recharge due to wellfield drawdowns. As to Issue 9, Coastal Element Figure 18 identifies the coastal high hazard area in Hillsborough County. 2. Supporting Data and Analysis (Issues 10-14) As to Issue 10, the failure of the Plan to require retrofitting of existing, deficient stormwater management systems is supported by the Data and Analysis. In the first place, the Plan addresses retrofitting to a significant extent. Coastal Element Policy 13.3, which deals with all infrastructure in the coastal high hazard area, commits the County to preparing, by the 1993 hurricane season, a program to relocate or retrofit public facilities where feasible. Where economically and environmentally feasible, CARE Policy 2.10 and Coastal Element Policy 1.11 provide for the retrofitting of urbanized areas lacking stormwater management facilities. CARE Policy 2.8 contains similar provisions regarding agricultural runoff. The Plan provisions cited in the preceding paragraph are supported by the Data and Analysis. Existing stormwater problems are sufficiently serious that the Data and Analysis question whether water quality problems can be corrected without retrofitting stormwater management systems. Stormwater Element, page 20. However, the Data and Analysis recognize that economic reality may limit retrofitting to redevelopment. The failure of the Plan to require retrofitting of stormwater systems generally is supported by the Data and Analysis, at least in the absence of stronger evidence that, without retrofitting in unincorporated Hillsborough County, the water quality problems in Tampa Bay cannot be effectively addressed. The other part of Issue 10 concerns the failure of the Plan to set a stormwater level of service standard in terms of water quality. This part of Issue 10 addresses the means by which the performance of stormwater management systems will be evaluated, regardless whether the systems are installed at the time of development or redevelopment. The failure of the Plan in this regard is dramatic. First, the Plan provides for a stormwater level of service standard strictly in terms of flood control. The stormwater level of service standard, which is stated in CIE Policy 1.C.1.b, defines storm events and their duration and then specifies the extent to which the stormwater facilities may flood in such events. Other Plan provisions address aspects of stormwater management other than mere flood control--even mentioning water quality. But these provisions lack the measurable and enforceable performance standards characteristic of level of service standards. 25/ The Data and Analysis offer no support for the Plan's preoccupation, when setting a level of service standard, with stormwater solely in terms of flood control, to the exclusion of other factors that affect the quality of receiving waters, such as runoff rate, quality, and hydroperiods. To the contrary, the stormwater level of service standard in the Plan is repugnant to the Data and Analysis. The Data and Analysis clearly identify the role of inadequately treated stormwater runoff in the eutrophication of Tampa Bay. One quarter of the biological oxygen demand and 35% of the suspended solids discharged into the bay are attributable to stormwater runoff. Important gains have been made in reducing the nutrient loading of the bay by inadequately treated domestic and industrial wastewater, such as through the enhancement of treatment levels at wastewater treatment plants or the implementation of wastewater reuse programs. But the Data and Analysis concede that nutrient loading from stormwater runoff will remain a more intractable program. Coastal Element, page 24. The problem is exacerbated by inadequate compliance with existing stormwater regulations. CARE, page 54. For areas within the substantial floodplains of Hillsborough County, and even to a certain extent for areas outside the floodplains, the stormwater issue is best approached from the perspective of floodplain management. The natural drainage of floodplains regulates the timing, velocity, and levels of flood discharges, as well as water quality through the processes of sediment detention and chemical filtration. CARE, pages 14-15. Stormwater management systems using only a structural approach to effect flood control destroy the natural drainage function of the floodplain. Structural improvements include such projects as channelizing natural watercourses (like the Palm River) and constructing new channels, dams, levees, and other structures to hold back floodwaters or rapidly convey them elsewhere. Consequently, flood discharges tend to peak more quickly. By increasing maximum flow, the flood-control structures decrease filtration, groundwater recharge, habitat maintenance, detrital production and export, maintenance of base flow (as minimum flows during later dry periods cannot draw upon water previously stored in the unaltered floodplains), and estuarine salinity regulation. CARE, pages 15-17. In short, the Data and Analysis disclose that a stormwater management program whose performance is evaluated exclusively in terms of flood control, such as that contained in the Plan, has systemic environmental implications whose economic costs are probably incalculable. The Data and Analysis identify the obvious planning considerations that underlie the establishment of a viable stormwater level of service standard. The third guideline for floodplain management is to avoid alterations to the natural rate, quality, and pattern of surface waters. Expressly applying the guideline to floodplains and "more upland sites," the Data and Analysis advise that the "rate, volume, timing and location of discharge of surface water should generally not be altered from predevelopment conditions." CARE, page 19. See also Stormwater Element, page 20. Yet, the best that the County offers, after acknowledging its preoccupation with flood control in setting the stormwater level of service standard, is to promise that a stormwater management program--deferred to land development regulations--will eventually address stormwater runoff in terms of quality, not merely quantity. Stormwater Element, page 43. As to the part of Issue 10 addressing the level of service standard, the Plan's stormwater standard is, to the exclusion of fair debate, not supported by the Data and Analysis because it fails to require that, for new development, redevelopment, and expansions of existing development, as "development" is defined in the Plan, postdevelopment stormwater urban and agricultural runoff shall be the same as (or, where appropriate, better than) predevelopment runoff in terms of volume, quality, rate, hydroperiod, and drainage basin. If the Plan fails to amend its stormwater level of service standard in the manner set forth in the preceding paragraph, many future land use designations, in addition to those discussed below, are, to the exclusion of fair debate, unsuitable and lack support from the Data and Analysis. The permitted densities and intensities, especially in the 100 year floodplain, will contribute dramatically to the degradation of natural drainage patterns in the County and ultimately to the degradation of Tampa Bay. Absent modification of the stormwater level of service standard to address urban and agricultural runoff in terms of volume, quality, rate, hydroperiod, and drainage basin, the Data and Analysis would not support Plan provisions that allowed any development, as that term is defined in the Plan, in the 100 year floodplain if such development's urban or agricultural runoff altered predevelopment drainage conditions in terms of its rate, volume, quality, timing, or location of discharge. As to Issues 11-14, assuming that the Plan is amended to broaden the scope of the stormwater level of service standard in the manner set forth in the preceding paragraph, the Plan is generally supported by the land use suitability analysis. However, there are 11 exceptions. First, in terms of urban sprawl, the overall densities in the Plan are supported by the Data and Analysis, at least to the extent that there is no indication of urban sprawl. The density allocation ratio of 1.61:1 is not an especially strong indicator of sprawl in this case. 26/ Several factors are important in evaluating a density allocation ratio, such as whether historic buildouts have been considered (not in this case) and the duration of the planning timeframe (20 years). Probably the most important consideration, though, is the location of the residential uses. A density allocation ratio of 3:1 generated by 100,000 acres of 1:1 residential is far more suggestive of inefficient use of land than the same ratio generated by 5000 acres of 20:1 residential in an existing or planned mixed use urban area, assuming the provision of adequate public facilities, protection of natural resources, and protection of agriculture. The Plan's two planning strategies involve the concentration of density in the I-75 corridor, with decreasing densities radiating outward, and the development of nodes where suitably scaled commercial uses are located in close proximity to residential uses. These two strategies have been effectively implemented in the Plan to counter urban sprawl. There is no plausible evidence in the record that the allocated intensities or acreage, in terms of commercial or industrial uses, are indicative of urban sprawl. As the Data and Analysis note, commercial development has historically followed residential development, not preceded it. An underallocation of commercial and industrial future land uses arguably invites sprawl by interfering with the development of functionally related land uses. There is no place for commercial, industrial, institutional, and recreational land uses once residential development has consumed the entire landscape, with respect to which adequate commercial, industrial, recreational, and institutional uses have not been timely reserved. In addition, allocation ratios for commercial and industrial uses are problematic, regardless whether expressed in acreage, which is necessarily a very gross measure of the intensity that is eventually built out, or floor area ratios, which are more precise but much more difficult to predict based on designated acreages of vacant land. Therefore, the overallocation of commercial and industrial uses does not serve as a useful beginning point for analysis, at least in the absence of proof of historic overbuilding with resulting disruption in the efficient use of land or public facilities or loss of natural resources or agriculture. As noted above, the key factor with respect to commercial and industrial uses is location. Through various devices, the Plan effectively pursues mixed land use patterns that will encourage the location of residential, commercial, and industrial, as well as institutional and recreational, uses in a functionally related manner. Notwithstanding the finding that the Plan designations are supported by the Data and Analysis in terms of urban sprawl, the Data and Analysis do not support specific designations involving considerable acreage, even assuming that the stormwater level of service standard will be broadened to include the above- cited factors in addition to flood control. The Data and Analysis recount the consequences of years of land use decisions based "primarily on socio-economic and demographic factors, with little consideration given to preserving or conserving the natural attributes of the land." But the Data and Analysis promise that, "[w]ith a better understanding of the ecological impacts of land uses, it has become clear that the natural carrying capacity of the land must be carefully considered in land use decisions . . .." CARE, page 73. For the 11 areas described below, socio-economic and demographic factors have again outweighed the natural carrying capacity of the land. The 11 areas have received unsuitable designations for which the Data and Analysis offer no or inadequate support. For each of these areas, the Plan has assigned designations whose excessive densities and/or intensities generally jeopardize important natural resources or life and property in the coastal high hazard area. A future land use is suitable if the designation is supported by the Data and Analysis. For the vast majority of areas, the Data and Analysis would support designations assigning a range of densities and/or intensities. The question whether a designation is supported by the Data and Analysis requires consideration of, among other factors, the nature of the density or intensity inherent in the designation of the subject area, the data and analysis concerning the nature of the natural resources affected by the subject designation (including off-site resources), the data and analysis concerning when and what type of public facilities will be available to service the subject area, the data and analysis indicating how the designated uses may impact natural resources, and operative Plan provisions that may or may not offer protection to the natural resources in question. 27/ The Plan assigns unsuitable designations to five areas in northwest and north Hillsborough County. The Data and Analysis fail to support two of these designations to the exclusion of fair debate and three of the designations by a mere preponderance of the evidence. One relatively small area whose designation is, to the exclusion of fair debate, unsupported by the Data and Analysis is designated Low Suburban Density Residential (2:1) at the southeast end of Keystone Lake. The extent of the subject area corresponds to the area designated Low Suburban Density Residential on the FLUM. This area is immediately north and west of Gunn Highway at Van Dyke Road. Shown as largely agricultural or vacant on Oversized Map 2, the area received an increase in density in the Plan, according to Oversized Map 14. The only area designated at a Suburban density in the northwest corner of northwest Hillsborough County, the area is the site of one or more major public supply water wells. By contrast, areas containing groups of wells just south of Keystone Lake and at the extreme northwest corner of the County are designated Natural Preservation, as is an area at the southwest corner of SR 597 and Van Dyke Road, about four miles east of the area in question. The area designated Low Suburban Density Residential occupies an area of relatively good natural aquifer recharge and is very susceptible to groundwater contamination. The subject area is included in the 1995 central water service area, but excluded from even the 2010 central sewer service area, according to Sewer Element Figure 1 and Potable Water Element Figure 1. The absence of effective Plan provisions protecting wellfields, cones of influence, and recharge areas further undermines the Low Suburban Density Residential designation of an area in such close proximity to a major public supply water well and in an area of relatively good natural aquifer recharge. The increased density for this area threatens a major wellfield with encroaching development, as predicted in the Data and Analysis. FLUE, page 7. A mere preponderance of the evidence shows that the Data and Analysis do not support the density and intensity assigned by the Plan to two, much larger areas in the northern half of northwest Hillsborough County. The extent of the subject areas corresponds to the areas whose densities were increased, according to Oversized Map 14 (excluding only the above-described Low Suburban Density Residential area). The western area of the two is a contiguous block surrounding Keystone Lake and proceeding east and west of the major public supply water wells about 1-2 miles south of Keystone Lake. This area extends to the northwest corner of Hillsborough County, except for the very corner, which is Natural Preservation. The eastern area is a contiguous block almost entirely west of SR 597, but crossing SR 597 at the southeast corner. This area abuts Pasco County on the north and an area of density decrease on the south. These two areas of increased density and intensity surround (or in some cases slightly encroach upon) the four largest collections of major public supply water wells in northwest Hillsborough County, as shown on Oversized Map Representing perhaps half of such collections of major public supply water wells in the entire County, these wells represent a very important source of potable water, especially for a County in which demand is now exceeding supply. The two areas in question are in areas of relatively good natural aquifer recharge and areas of high vulnerability to groundwater contamination. The Plan supplies no performance standards for activities that may introduce contaminants into the portion of the aquifer from which a major public supply water well draws. As the Data and Analysis note, increasing areas of impervious surface may reduce recharge and groundwater supplies. A considerable amount of the eastern area lies in the 100 year floodplain, which runs throughout both areas. The eastern area also includes a significant section of soils with very severe limitations, according to Oversized Map 13 and CARE Figure 9. The green map indicates two overlay areas of Environmentally Sensitive Areas which are potentially significant wildlife habitat. One of these areas is in the southwest corner of the eastern area, and the other covers the part of the eastern area designated Regional Commercial. The western area contains numerous sites described by Oversized Map 13 as Very Sensitive Lands and most of one significant section of soils with very severe limitations, according to Oversized Map 13 and CARE Figure 9. According to CARE Figure 20, the western area contains significant amounts of dry prairie and cypress swamps. According to the green map, the western areas's potentially significant wildlife habitat takes the form of two narrow corridors running east-west, although the northern one may have been excluded from the area receiving increased density. As noted above, contiguous wildlife corridors receive firm protection under the Plan. The designations are completely different for the two areas. The western area contains entirely Rural Residential (1:1) and Rural Estate Residential (1:2.5), except for small areas of Environmentally Significant Areas. The more densely designated eastern area contains mostly Low Suburban Density Residential (2:1) and smaller, but significant, amounts of Suburban Density Residential (4:1). Each of these areas would, under the Plan, host commercial uses scaled to their respective Rural and Suburban densities. But the southeast corner of the eastern area is designated Regional Commercial (20:1) and contains major natural systems according to Oversized Map 8. The natural systems appear to be dry prairie and cypress swamps on CARE Figure 20. According to Oversized Map 2, this corner is agricultural or vacant with natural area in its center. The unsuitability of the designations given both the eastern and western areas is about equal. Although the western area received less density, according to Sewer Element Figure 1, the western area is almost entirely outside the area that will be served by central sewer, even by 2010. Most of the western area will be served by central water by 2010, with a substantial area to be served by 1995, according to Potable Water Element Figure 1. By contrast, the eastern area already has some central sewer lines and what little area will not be within the 1995 central sewer boundary will be included in the 2010 boundary. The situation is identical with respect to central water. The unsuitability of the designations of the eastern and western areas is unaffected by the fact, as shown by Oversized Map 15, that the Plan brought portions of these areas into conformance with existing zoning. Zoning conforms to Plan designations. The Plan provides, where appropriate, for vested rights. The remedy for nonconforming zoning is to recognize vested rights, not to increase densities and intensities over wide areas to an extent not supported by the Data and Analysis. The key fact is that, for both the western and eastern areas, the Plan has designated excessive densities and intensities in areas containing sensitive and much-needed groundwater resources. And while increasing these densities and intensities, the County has not, at the same time, adopted effective Plan provisions ensuring the protection of wellfields, their cones of influence, natural recharge areas, and the natural functions of floodplains from the adverse impacts of development. Another area whose designation is, to the exclusion of fair debate, unsupported by the Data and Analysis is an area of about 2.5 square miles designated Urban Level 1 Limited (8:1) immediately east of I-275 and I-75. The extent of the subject area corresponds to the area designated Urban Level 1 Limited on the FLUM. The 2.5 square mile area is the only Urban Level designation that is not contiguous to the Urban Level designations constituting the I-75 corridor, except for a small Urban Level-1 "island" surrounded by Natural Preservation. 28/ The 2.5 square mile area designated Urban Level 1 Limited is separated from the remainder of the I-75 corridor by several miles of area designated Natural Preservation. Nor is the 2.5 square mile area bounded by existing or proposed arterial roads, as is required of Urban Level 1 areas. According to Oversized Map 4, the only arterial or higher roads in or near the 2.5 square mile area are I-75 on the west boundary (to which access is limited) and an arterial on the east boundary. There are no roads on the north and south boundaries, nor will there be by 2010, according to Oversized Map 4. Almost the entire 2.5 square mile area is overlaid with Environmentally Sensitive Areas which are potentially significant wildlife habitat, according to the green map. The northern half of the 2.5 square mile area is in the 100 year floodplain. The eastern and western thirds of the area consist of very poorly drained soils. The northern two-thirds of the area occupy an area of very low to moderate recharge, which is the highest recharge in Hillsborough County. Most of the western half of the area is in the area most susceptible to groundwater contamination. The eastern third appears to be entirely dry prairie and cypress swamps, through which a major tributary of the Hillsborough River runs. Oversized Map 8 shows nearly the entire parcel (less a small area at the western end) to be part of major natural systems. Oversized Map 2 shows that the 2.5 square mile areas is entirely agricultural or vacant. Despite this unusual confluence of natural features, the 2.5 square mile area, which is permanently separated from Tampa by a Natural Preserve protecting the Hillsborough River, received a density increase in connection with the I-75 and South County plan amendments that were incorporated into the Plan. The 2.5 square mile area is entirely omitted from even the 2010 central water and sewer service areas, according to Sewer Element Figure 1 and Potable Water Element Figure 1. The failure of Plan provisions to ensure the protection of the natural functions of floodplains and recharge areas exacerbates the unsuitability of the Urban designation for the 2.5 square mile area. The meaning of Urban Level 1 Limited is explained by FLUE Policy C-25.3, which limits the density in the 2.5 square mile area to 8:1. But even this "reduced" density fails to indicate that this remote area will undergo development suitable for the unusual range of natural resources present in the area. The circumstances suggest that the Urban Level 1 Limited designation cannot facilitate the development in this remote area of the kind of viable mixed uses for which Urban designations are intended. A mere preponderance of the evidence shows that the Data and Analysis do not support the density assigned by the Plan to a much larger L-shaped area designated Suburban Density Residential (4:1) extending from the 2.5 square mile area to just across CR 579. The extent of the subject area corresponds to the area designated Suburban Density Residential on the FLUM. The Suburban Density Residential L-shaped area, which is about 12 square miles, contains three major public supply water wells at its southeast corner. The green map overlays more than three quarters of the 12 square mile area with Environmentally Sensitive Areas which are potentially significant wildlife habitat. The 12 square mile area abuts the above- described 2.5 square mile area on the northwest, Tampa on the southwest and nearly all of the south, Pasco County and Agricultural/Rural (1:5) on the north, and Agriculture (1:10) on the east. According to CARE Figure 20, the portions of the 12 square mile area overlaid with the designation of Environmentally Sensitive Areas which are potentially significant wildlife habitat are dry prairie and cypress swamps, as is almost two- thirds of the land south of the subject area under the jurisdiction of the City of Tampa. According to CARE Figure 14, the western half of the 12 square mile area is in an area of relatively good natural aquifer recharge, but only a very small part of the subject area is in an area of high vulnerability to groundwater contamination. However, a large collection of major public supply water wells is in the Natural Preservation area just south of the extension of Tampa abutting the south boundary of the 12 square mile area. The closest wells are about one mile south of the southern boundary of the 12 square mile area. According to Oversized Map 13, the only part of the 12 square mile parcel with poor soils is the extreme northwest corner. Oversized Map 2 shows that the entire 12 square mile area that is not shown as natural areas is agricultural or vacant, as is the area of Tampa immediately south of the subject area. According to Sewer Element Figure 1 and Potable Water Element Figure 1, the 12 square mile area is not scheduled to receive central water or sewer by 2010. The remaining areas whose designations are not supported by the Data and Analysis are in the vicinity of the coastal high hazard area in south Hillsborough County and in the Urban designations and one Light Industrial designation along the I-75 corridor south of the Alafia River. The Plan assigns designations to two areas in or near the coastal high hazard area that, to the exclusion of fair debate, are not supported by the Data and Analysis. The Plan also assigns designations to four areas in (or adjoining, in the case of the Light Industrial area) the I-75 corridor south of the Alafia River that are not supported by the Data and Analysis to the exclusion of fair debate, in one area, and by a mere preponderance of the evidence in the other three areas. The coastal high hazard area begins at the Manatee County line and runs along US 41. At a point due east of Cockroach Bay, the line turns toward the bay and continues to run in a more northerly direction until it approaches the Little Manatee River. At this point, the coastal high hazard line follows the winding river to the east, then south, crossing US 41 before proceeding again north. The line runs along US 41 until, at the north end of Ruskin, the line cuts again toward the bay. After running north again for about one mile, the line returns to US 41, then proceeds west of US 41, in a north-northeasterly direction, until it almost intersects the bay at Apollo Beach. North of Apollo Beach, the line mostly follows US 41 to the Alafia River at Gibsonton. Oversized Map 14 discloses density increases in part of the coastal high hazard area between Cockroach Bay and the Little Manatee River. Initiated by the I-75 and South County plan amendments that were incorporated into the Plan, an irregularly shaped area about three square miles west of US 41 received a density increase. The Plan then increased the density of a smaller portion of the eastern end of the three square mile area. The extent of the subject area, which is only partly in the coastal high hazard area, corresponds to the area whose density was increased, according to Oversized Map 14, and that is presently designated, in the FLUM, as Low Suburban Density Residential Planned (2:1 if certain clustering and mixed use requirements are met; otherwise 1:5). Oversized Map 2 shows that the entire area so designated is entirely agricultural or vacant, except for a shell mine, three small, isolated areas of low density residential, and some small commercial uses along US 41. The density increase for the portion of the three square mile area lying in the coastal high hazard area is clearly unsupported by the Data and Analysis, which acknowledge the need to reduce, not raise, densities in this critical area in order to save lives and property. However, much of the three square mile area is outside of the coastal high hazard area and the unsuitability of the designation lies in the assigned density, not in the increase of density. About a third of the three square mile area is in the 100 year floodplain. Relatively little of it contains major natural systems or Environmentally Sensitive Areas which are potentially significant wildlife habitat, according to Oversized Map 8 and the green map. And none of the area is subject to recharge or significantly vulnerable to groundwater contamination. However, the three square mile area is bordered on three sides by three critical resources that remain in relatively pristine condition: Cockroach Bay, the Little Manatee River, and the portion of Tampa Bay connecting the river and Cockroach Bay. The entire shoreline along the three square mile area joins Hillsborough County's only aquatic preserve. Coastal Figure 11 indicates that the coast from just south of Apollo Beach to the Manatee County line, and especially from the Little Manatee River to Cockroach Bay, is the only location where seagrass meadows remain along the waters of unincorporated Hillsborough County, except for a smaller expanse of interspersed meadows along the shore of northwest Hillsborough County. These are also Class II waters. CARE Figure 9 shows that the western half of the three square mile area is dominated by very poorly drained soils. The Data and Analysis note that area septic tank failures have contributed to the pollution of Cockroach Bay and possible loss of the last shoreline location in the County at which shellfish harvesting is approved, although only conditionally. Significantly, in view of the poorly drained soils and history of septic tank failures, Sewer Element Figure 1 shows no existing or proposed sewer lines for the three square mile area, which inexplicably is nonetheless included in the 2010 central sewer service area. The area is due to receive central water lines by 2010. Given the critical and fragile nature of the area of Cockroach Bay and the Little Manatee River, as described by the Data and Analysis, the Low Suburban Density Residential Planned designation, which, with the I-75 and South County plan amendments, represented an increased density for the three square mile area, is not, to the exclusion of fair debate, supported by the Data and Analysis. The failure of the Plan to direct population concentrations away from the coastal high hazard area and ensure the protection of the natural functions of the 100 year floodplain exacerbates the unsuitability of the Low Suburban Density Residential Planned designation for the three square mile area. Just north of the Little Manatee River at Ruskin, Oversized Map 14 discloses another area of density increase, again initiated by the I-75 and South County plan amendments that were incorporated into the Plan. This area is designated Medium Density Residential (12:1) and extends two miles east-west by an average of one-half mile north-south. The southwest corner of the one square mile area abuts a portion of the Little Manatee River, and nearly the entire south boundary of the area abuts a tributary of the Little Manatee River. The extent of the subject area corresponds to the area designated Medium Density Residential on the FLUM. The entire square mile area lies west of US 41 and in the coastal high hazard area. The designation is, to the exclusion of fair debate, unsupported by the Data and Analysis for this reason alone. According to Oversized Map 2, the southern half of the square mile area is already in low and medium density residential, except for the western end that is agricultural or vacant. However, most of the northern half is agricultural or vacant. According to Oversized Map 13, the entire square mile area contains soils with very severe limitations and some critical lands. The entire area occupies the 100 year floodplain. And the area is not due to receive central sewer until 1995 or central water at all, although it is in the 1995 central water service area. Even absent the fact that the square mile area is in the coastal high hazard area, the Medium Density Residential designation is, to the exclusion of fair debate, unsupported by the Data and Analysis. The remaining four areas in the County whose designations are unsupported by the Data and Analysis are in the I-75 corridor, except for one of the areas that extends into an adjoining Light Industrial area. Nearly the entire contiguous corridor received higher densities as a result of the I-75 and South County plan amendments that were incorporated into the Plan. However, the four areas in question all lie south of the Alafia River. The first area is about 3.25 square miles at the southernmost end of the I-75 corridor, south of SR 674. Triangularly shaped, this area, which is Urban Level 1 (12:1), is bounded on the east and north by I-75. The extent of the subject area corresponds to the area designated Urban Level 1 south of SR 674 and I-75. The southern boundary of the triangular area represents an anomaly for the I-75 corridor; it abuts Rural Residential (1:1). Except for the portion of the north end of the I-75 corridor surrounding a Rural Residential "island" and the northernmost end of the I-75 corridor, which abuts the vast Natural Preservation area of the Hillsborough River valley, no other part of the I-75 corridor abuts land that is not designated at least Suburban. Contrary to the requirements for Urban Level 1 designations, the triangular area is not bound by existing or proposed arterials. The triangular area also abuts a Natural Preservation area at its southeast corner. The Little Manatee River is less than one-half mile from the southern boundary of the subject area. The southernmost mile of the subject area encompasses tributaries of the Little Manatee River. The northern half of the subject area adjoins Suburban Density Residential (4:1) and Low Medium Density Residential (9:1) on the east and Low Urban Density Residential (6:1) and Urban Level-2 (20:1) across I-75 on the west. The northern point of the subject area is in the vicinity of the I-75/SR 674 interchange. The triangular area is free from major natural systems or Environmentally Significant Areas which are potentially significant wildlife habitat, according to Oversized Map 5 and the green map. However, most of the southernmost mile of the subject area is within the 100 year floodplain. Oversized Map 2 reports that the subject area is predominantly agricultural or vacant, although it has interspersed, isolated low density and some medium density residential uses, mostly in the northeast portion. The triangular area is not scheduled for any central sewer lines until after 1995, and then the line will be limited to about one-half mile south of SR 674 along I-75. The area will be better served, by 2010, by central water. Given the Plan's failure to protect adequately floodplains and the proximity of the Little Manatee River, the evidence shows, to the exclusion of fair debate, that the Urban Level-1 designation of the southernmost mile of the triangular area is not supported by the Data and Analysis. The designation given to the remainder of the triangular area is not unsupported by the Data and Analysis. A mere preponderance of the evidence shows that the Data and Analysis do not support predominantly Urban Level 1 densities and intensities in two areas in the vicinity of I-75 and Big Bend Road. One of the areas in question is a Z-shaped linear area that largely tracks, but is not limited to, a strip of Environmentally Sensitive Areas. The strip begins at US 301 and a proposed westerly extension of SR 672. The area, which is limited to the Urban I-75 corridor, proceeds in a west- northwesterly direction to just east of I-75, runs north along the east side of I-75 to a point about one mile south of the Alafia River, and, now becoming Bullfrog Creek, turns west and crosses I-75 until it leaves the I-75 Urban Level corridor. The extent of the subject area corresponds to the areas in the vicinity of the Z-shaped area that are within any of the three following categories: the 100 year floodplain according to Oversized Map 9, Environmentally Sensitive Areas on the FLUM, or Environmentally Sensitive Areas on the green map. The lower half of the Z-shaped area occupies very severely limited soils. The upper half contains critical and very sensitive lands. According to Oversized Map 14, almost the entire Z-shaped area received increased densities due to the I-75 and South County plan amendments that were incorporated into the Plan. According to Oversized Map 2, existing uses of considerable portions of the Z-shaped area are natural areas and agricultural or vacant. CARE Figure 20 indicates that Bullfrog Creek is largely open water until it turns south just east of I-75, at which point a series of hardwood swamps extend through the remainder of the Z-shaped area to the south. The Z-shaped area, which runs about eight miles, has long been recognized as environmentally sensitive and generally unsuitable for development. 29/ The narrow band of Environmentally Sensitive Areas is afforded uncertain protection under the Plan. Moreover, the Urban Level 1 designation extends to portions of the Z-shaped area that are in the 100 year floodplain and the Environmentally Sensitive Areas which are potentially significant wildlife habitat, according to the green map. In the absence of stronger Plan provisions protecting the 100 year floodplain, as well as Environmentally Sensitive Areas, the Urban Level 1 designation given the Z-shaped area is, by a mere preponderance of the evidence, unsuitable and unsupported by the Data and Analysis. The unsuitability of the designation is underscored by the operation of the density and intensity formulas, which would allow even more intense and dense uses in close proximity, even assuming that development were prohibited in the Environmentally Sensitive Areas themselves. Two other areas bearing unsuitable designations are also in the vicinity of Big Bend Road and I-75. Unlike the remainder of the contiguous I-75 corridor, these areas mark significant expanses of Environmentally Sensitive Areas which are potentially significant wildlife habitat. One area runs from the southeast corner of the interchange along I-75 south past a proposed extension of Balm-Picnic Road or SR 672, where the area expands to an area of about one mile north-south by two miles east-west, with the western end crossing I-75. The extent of the subject area corresponds to the area shown on the green map as Environmentally Sensitive Areas which are potentially significant wildlife habitat. The subject area is designated exclusively Urban Level 1 except for a small area designated Environmentally Sensitive Areas. The upper portion of the subject area overlaps the part of the Z- shaped area running north-south just south of Big Bend Road. According to CARE Figure 20, the remainder of the narrower part of the subject area is wetlands. The wider portion of the subject area is predominantly dry prairie. According to Oversized Map 14, the entire subject area received increased density in the I-75 and South County plan amendments that were incorporated into the Plan. According to Oversized Map 2, the existing uses of the entire subject area are natural areas and agricultural or vacant. The Urban Level-1 designation given the subject area is, by a mere preponderance of the evidence, unsuitable and unsupported by the Data and Analysis. The allowable densities and intensities contradict the acknowledgement in the Data and Analysis of the need to protect these natural resources and frustrate other Plan provisions that extend some protection to these natural resources. The other area extends northwest of the intersection of Big Bend Road and I-75. The subject area runs about 1.5 miles north of the intersection, then widens to the west to encompass a portion of the Light Industrial designation between the I-75 corridor on the east and, on the west, Tampa Bay and the large Heavy Industrial area north of Apollo Beach. The extent of the subject area corresponds to the area shown on the green map as Environmentally Sensitive Areas which are potentially significant wildlife habitat. Except for the Light Industrial designation, the entire subject area is designated Urban Level 1 with a small area of Urban Level 2. According to CARE Figure 20, almost all of the subject area is wetlands, possibly with some pine flatwoods. Part of the subject area received a density increase by the I-75 and South County plan amendments that were incorporated into the Plan. According to Oversized Map 2, the existing uses of all of the subject area are natural area and agricultural or vacant, with a narrow corridor of major public area. The Urban Level 1 and 2 designations assigned to the subject area are, by a mere preponderance of the evidence, unsuitable and unsupported by the Data and Analysis for the same reasons set forth with respect to the preceding area. General Minimum Criteria Public Participation (Issue 15) As to Issue 15, the County adopted the Plan, including all amendments, in a manner consistent with the requirements of public participation. Contents of FLUM and Plan (Issues 16-36) FLUM (Issue 16) As to Issue 16, the FLUM depicts minerals in the Agricultural/Mining designation and various public uses in the Major Public/Semi-Public designation. Regardless of the ambiguity surrounding the significance of the designation, the Environmentally Sensitive Areas designated on the FLUM (i.e., the multicolor map) adequately show the location of wetlands. However, to the exclusion of fair debate, the FLUM is not consistent with the criterion of the depiction of existing and planned waterwells, cones of influence, historic resources or historically significant properties meriting protection, floodplains, or soils. All of these resources are depicted on ELUM's, but the County elected not to include these resources on the FLUM as part of the operative provisions of its Plan. Plan Provisions Regarding Natural Resources (Issues 17-22) As to Issue 17, the Plan contains objectives coordinating future land uses with topography, soils, and the availability of public facilities. Regarding topography and soils, FLUE Objective A-1 prohibits the issuance of development orders unless the development is "compatible with the physical conditions of the land, including, but not limited to, topographical and soil conditions . . .." FLUE Objective A-8 requires development to mitigate adverse impacts to natural systems. Regarding topography, FLUE Objective 4 is to protect the 100 year floodplain's storage volume. Somewhat vaguely, CARE Objective 19 is to amend land development regulations to "ensure the protection of the attributes, functions and amenities of the natural environment " Regarding the stormwater management aspects of topography, Stormwater Element Objective 4 is to identify and evaluate the sources of water quality degradation attributable to stormwater runoff. Stormwater Objective 5 is to maintain or improve the quality of stormwater runoff. Regarding soils, CARE Objective 11 requires soil conservation during land alteration and development activities. Although not objectives, two policies address the suitability of soils. CARE Policy 11.1 provides that, during the land development review process, the County shall "recommend" the appropriate use of soils and shall require site-specific analyses when land uses appear incompatible with soils. CARE Policy 11.3 states that, during the land development process, the County shall use soil capability analyses for flood hazard, stability, permeability, and other soil characteristics. Regarding mining, CARE Objective 7 requires the "prudent operation" of mining activities. CARE Objective 9 is to protect the public health, safety, and welfare from the adverse impacts of mining. CARE Objective 10 requires the County to regulate the location and operation of land excavation to minimize negative impacts on surrounding land uses and ensure the reclamation and productive reuse of excavated lands. Regarding public facilities, FLUE Objective A-5 is that all development and redevelopment shall be serviced at the adopted level of service standards by all public facilities for which concurrency is required. FLUE Objective C-29 requires that the needed public facilities be provided concurrent with the impacts of development. Although there are several instances where specific land use designations are unsuitable in terms of, among other factors, topography, soils, and the provision of public facilities, the Plan contains sufficient provisions to attain consistency with the criterion of an objective coordinating future land uses with topography, soils, and public facilities. As to Issue 18, numerous Plan provisions address numerous natural resources, as well as water sources. The rules cited in Issue 18 require one or more objectives ensuring the protection of natural resources, such as Tampa Bay and its tributaries, and one or more objectives conserving, appropriately using, and protecting water sources. 30/ For the purpose of Issue 18, natural resources have been identified as Tampa Bay, Cockroach Bay, rivers (primarily the Hillsborough, Alafia, and Little Manatee Rivers), surface waters generally, floodplains, wetlands, rare upland habitats, and wildlife habitat. Findings concerning soils are set forth above. The water sources have been divided into the following categories: wellfields and cones of influence, aquifer recharge, groundwater, water conservation, and septic tanks. Obviously, wellfields, cones of influence, and aquifer recharge areas are natural resources, and floodplains, wetlands, and the Hillsborough River (whose surface waters are an important potable water source) are related to water sources. There is thus considerable overlap in the following discussion of these categories. Regarding surface water generally, including Tampa Bay, Cockroach Bay, and the rivers, CARE Objective 2 promises that the water quality of natural surface water bodies shall be improved or restored if they do not at least meet state water quality standards. Unfortunately, CARE Objective 2 is not operative until 1995. If the objective had assured compliance with water quality standards, a deferred date of 1995 would have been suitable because the entire improvement cannot take place instantaneously. However, the intermediate end of CARE Objective 2 is much more modest; the water quality of substandard water bodies must only be improved. And the improvement--any improvement--is not required until 1995. The main threats to Tampa Bay also apply to surface water quality generally: inadequately treated wastewater and inadequately treated stormwater. The Plan does not generally ensure the protection of surface water through the objectives and relevant policies concerning stormwater. Stormwater Objective 5 is to implement programs to maintain or improve stormwater. The natural resources in question are not protected by maintaining the water quality of stormwater; they are not even protected by improving the water quality of stormwater absent a measurable goal. The failure of the stormwater objectives is exacerbated by the Plan's failure to set stormwater level of service standards in terms other than flood control. The Plan addresses to a much greater extent the protection of surface water through the objectives and relevant policies concerning wastewater. Sewer Element Objective 1 is for all wastewater treatment facilities to produce effluent of sufficiently high quality to meet or exceed all regulatory standards. Sewer Element Policy 1.1 requires that all wastewater discharged into surface waters or wetlands meet Advanced Wastewater Treatment standards. Sewer Element Objective 2 promises to assist in the wastewater problem by continuing to require the use and expansion of existing recovered water reuse systems. Sewer Element Objective 4 requires that central sewer facilities be provided to remedy current deficiencies in the system and to meet projected demands, based on the sewer level of service standard. Sewer Element Objective 7 is to "[m]inimize the possibility" that existing and future wastewater adversely impacts surface waters. The objective is not especially amenable to measurement. Sewer Element Policy 7.1 is useful, though, because it requires that septic tank users hook up to the County system when it becomes available, except in cases of undue hardship. Sewer Element Policy 4.8 also prohibits septic tanks in the coastal high hazard area except in cases of undue hardship. CARE Policy 2.6 promises better wastewater treatment in areas where septic tanks fail, at least where economically feasible. And CARE Policy 2.4 indicates that the County plans to supply regional wastewater treatment in the more densely populated areas. However, other policies under Sewer Element Objective 7 are less effective. Sewer Element Policy 7.2 promises that, within one year after the completion of a pending septic tank study, the County will reexamine the maximum usable density for septic tanks. Sewer Element Policy 7.3 promises, in the same timeframe, a program to identify existing septic tank systems with a high potential for contaminating groundwater. Regarding Tampa Bay, Coastal Element Objective 3 is to "maintain, and enhance where environmentally and economically feasible, the abundance and diversity of living marine resources in Tampa Bay." FLUE Objective C-30 requires the County to adopt land development regulations and unspecified performance standards to ensure that "water quality and quantity" are protected from degradation from development. CARE Objective 19 promises that the County shall continue to amend its land development regulations to "ensure the protection of the attributes, functions and amenities of the natural environment." In addition to relegating the regulatory mechanism to land development regulations, CARE Objective 19 does not state a specific, measurable, intermediate end that can be achieved. Coastal Element Policy 2.1 is to conserve and protect tidal wetlands from detrimental physical and hydrological alteration and prohibit unmitigated encroachment into tidal wetlands. Coastal Element Policy 2.2 prohibits channelization or hardening of natural coastal shorelines and tidal creeks except in cases of overriding public interest. Coastal Element Policy 2.6 prohibits development activities on submerged lands containing significant seagrass habitat and seeks the restoration of seagrass coverage. Coastal Element Policy 2.7 requires land developments within the coastal area to preserve those portions of native upland plant communities necessary to provide an effective buffer for coastal wetlands. Coastal Element Policy 2.9 is to review and "restrict as appropriate" proposed development adjacent to the Cockroach Bay Aquatic Preserve to ensure that water quality, shoreline, or estuarine habitat degradation does not occur due to development. Coastal Element Policy 6.7 prohibits the use of septic tanks for new development in the coastal high hazard area. Coastal Element Policy 7.4 forbids the development of water- related uses by dredging and filling wetlands or the natural shoreline. CARE Policy 19.8 requires the County to identify Resource Protection Areas on the FLUM. Resource Protection Areas include Tampa Bay, Cockroach Bay, the three main rivers, significant and essential wildlife habitat, areas of high aquifer recharge/groundwater contamination potential, public supply wellfields and their cones of influence, and areas containing major phosphate deposits. CARE, pages 99-100. For Tampa Bay, the CARE definition of Resource Protection Areas refers the reader to the Coastal Element. Coastal Element Objective 1 is identical to CARE Objective 2. Coastal Element Objective 1 addresses only the water quality of those parts of Tampa Bay and its tributaries not meeting state standards. By 1995, these waters will be improved or restored. In addition to failing to address the protection of those parts of Tampa Bay meeting or exceeding state standards, this objective promises only, as to substandard waters, that some improvement is to take place starting in 1995. As is the case with surface waters generally, the Plan contains various provisions adequately addressing wastewater. CARE Policy 2.2 and Coastal Element Policy 1.2 require Advanced Wastewater Treatment for all surface water discharge from all domestic wastewater treatment plants discharging into Tampa Bay or any of its tributaries. Coastal Element Policy 1.4 is to continue to develop and use effluent-disposal alternatives, such as reused water for agricultural and industrial uses, rather than surface water discharge into Tampa Bay and its tributaries. Coastal Element Policy 1.7 provides that, where it is economically feasible, the County shall provide improved domestic wastewater treatment in areas where persistent water quality problems in Tampa Bay are clearly attributable to poorly functioning septic tank systems. Again, the Plan offers less protection to Tampa Bay from inadequately treated stormwater runoff. However, addressing another source of excessive nutrients in Tampa Bay, Coastal Element Policy 1.12 provides for the dredging and removal of polluted estuarine sediments and their replacement with clean fill, where economically and environmentally feasible. Regarding the Hillsborough, Alafia, and Little Manatee Rivers, numerous goals, objectives, and policies in the FLUE provide protection for these resources. FLUE Goal 3 is to make the Hillsborough River cleaner. FLUE Objective C-7 is to protect the Hillsborough River as a major source of drinking water. Somewhat less effective are FLUE Objectives C-10 and C-12. Objective C-10 requires the County, by 1992, to establish development standards for the river corridor. Objective C-12 requires the County, by 1994, to manage the Hillsborough River as an important community asset. FLUE Policy C-9.1 prohibits new marinas in the upper Hillsborough River. FLUE Objective C-14 is to discourage additional development on the upper Hillsborough River. FLUE Policy C-14.1 requires the County to manage the upper Hillsborough River as a wildlife corridor. FLUE Objective C-13 requires the County to preserve and enhance wildlife habitats associated with the Hillsborough River. Because of the Hillsborough River's status as a source of surface potable water, it receives additional protection from CARE Objective 6, which requires the conservation, reuse, and enhancement of surface water supplies. Various policies add to the protection extended the Hillsborough River. FLUE Policy C-7.2 prohibits new septic tanks within 200 feet of the Hillsborough River, although, unlike similar provisions concerning the Alafia and Little Manatee Rivers, this prohibition is not extended to tributaries. FLUE Policy C-7.4 requires Advanced Wastewater Treatment for wastewater treatment discharging anywhere in the Hillsborough River drainage basin. FLUE Policy C-7.3 prevents further destruction of the natural vegetative buffers along the Hillsborough River. FLUE Policy C-10.2 prohibits the designation of new industrial land uses within 500 feet of the river. FLUE Policy C-13.1 prohibits the alteration of wetlands within 500 feet of the river. Regarding the Alafia River, FLUE Goal 4 is to preserve, protect, and promote the Alafia River and its natural resources and recreational benefits. FLUE Objective C-15 requires the County to maintain the water quality of this already impaired waterbody, but only by 1995. FLUE Objectives C-16 and C-17 require the County, by 1991, to preserve and restore native vegetation and wildlife habitats and protect wildlife, presumably along the Alafia River. FLUE Policy C-16.1 prohibits the alteration of wetlands within 500 feet of the river. FLUE Policy C-16.2 requires the County to "encourage" the reclamation of mined lands along the river with native vegetation. FLUE Objective C-20 requires the County, by 1992, to establish development standards for the corridor of the Alafia River. FLUE Policy C-20.4 prohibits the designation of "heavy" industrial land uses within 500 feet of the river. FLUE Policy C-20.3 prohibits the location of septic tanks within 200 feet of the Alafia River or its tributaries, except when required due to lot size and adverse impacts can be prevented. Regarding the Little Manatee River, FLUE Goal 5 is to recognize and maintain the river as a unique water resource, which provides vital wildlife habitat. As in the case of FLUE Objective C-15 regarding the Alafia River, FLUE Objective C-21 defers until 1995 the objective of maintaining or improving water quality where it does not meet state standards. FLUE Objective C-22 is to preserve wildlife habitats, presumably in association with the Little Manatee River. FLUE Objective C-23 is, by 1990, to establish a green river corridor for the river, although whatever protection is to be afforded by these provisions, if adopted in the Plan, appears already to be included in the Plan, given that the deadline in Objective C-23 had already passed by the time of the final hearing. The same is true for FLUE Objective C- 24, which is, by 1990, to develop additional policies addressing the uniqueness of the Little Manatee River. FLUE Policy C-21.1 prohibits the installation of septic tanks within 200 feet of the Little Manatee River unless required due to lot size and adverse impacts to the water can be prevented. FLUE Policy C-22.2 prohibits alteration of the wetlands within 500 feet of the river. FLUE Policy C-23.1 prohibits the designation of "heavy" industrial within 500 feet of the river. FLUE Policy C-22.3 only "restricts" the clearing or filling of natural plant communities within 50 or 100 feet of the river in Urban or Suburban designations. However, FLUE Policy C-23.2 is to manage the Little Manatee River as a wildlife corridor. Various Plan provisions apply to rivers generally. Some of these provisions restate objectives or policies adopted for one of the three major rivers. For instance, FLUE Objective C-1 is, by 1995, to maintain or improve the water quality of rivers not meeting state standards. FLUE Objective C-4 is, by 1992, to set standards for development in river corridors. Other provisions provide additional protection. FLUE Objective C-2 is to preserve natural shorelines and reverse the trend toward hardened shores and channelization. FLUE Objective C-30 requires the County to adopt land development regulations and unspecified performance standards to ensure that rivers are protected from degradation from development. FLUE Policy C-30.6 is to "restrict" the clearing or filling of natural plant communities within 50 or 100 feet of rivers. FLUE Policy C-6.1 generally prohibits the removal, within 100 feet of rivers, of any trees of at least five inches diameter at breast height. FLUE Policy C-1.3 prohibits the siting of solid waste or hazardous landfills that would adversely affect any river. Significantly, FLUE Policy C- 1.1 requires that development along the rivers install stormwater management systems to filter pollutants, although the extent of filtration is not specified. Regarding Cockroach Bay, the Plan offers some protection because, as an aquatic preserve, the bay is an Environmentally Sensitive Area. However, regardless of the extent of protection afforded by this designation to land- based areas, it is relatively unimportant as a regulatory mechanism over a water preserve, except to the extent that the designation is extended over adjacent land areas. Much of the land around the bay is designated Natural Preservation, which is afforded effective protection, and Environmentally Sensitive Areas, which is not. However, as noted above, Coastal Element Objective 3 requires the County at least to maintain the abundance and diversity of living marine resources in Tampa Bay. Underscoring the relationship between Cockroach Bay and Tampa Bay, Coastal Element Policy 3.1 is for the County to resist proposals to close permanently the Cockroach Bay Aquatic Preserve to shellfishing and to improve water quality to maintain the viability of shellfishing by implementing Coastal Objective 1 and its policies. However, as noted above, Coastal Objective 1 addresses only waters not meeting state standards and requires only that, by 1995, these water be improved. Cockroach Bay may receive some protection from FLUE Objective C-30, which requires the County to adopt land development regulations and unspecified performance standards to ensure that water quality and quantity are protected from degradation from development. In somewhat vague terms, CARE Objective 18 is for the County to "seek to measurably improve" the management of natural preserves, which include Cockroach Bay. Rather than exercise its jurisdiction, however, the County, in CARE Policy 18.2, promises only to initiate an agreement with the Florida Department of Natural Resources to ensure that Cockroach Bay is maintained in its natural condition. Equally ineffective, CARE Policy 18.3 is for the County, at no specified time, to establish a scientifically defensible buffer zone to prevent degradation of water quality and aquatic vegetative habitats in Cockroach Bay. CARE Policy 18.8, FLUE Policy C-22.1, and Coastal Element Policy 4.5 promise that the County will "participate" with the Florida Department of Natural Resources to implement the Cockroach Bay Aquatic Preserve Management Plan. Regarding floodplains, CARE Objective 4 is no "net loss of 100-year floodplain storage volume." CARE Policy 4.1 promises, by 1995, land development regulations to "not only protect natural floodwater assimilating capacity but also protect fish and wildlife attributes where they exist within the 100 year floodplains of riverine systems." CARE Policy 4.2 explains that the County shall prohibit "unmitigated" encroachment into the 100 year floodplain. CARE Policy 8.3 "prohibit[s]" mining in the 25 year floodplain and "restrict[s]" mining in the 100 year floodplain. Although still in terms of storage volume of the floodplain, Stormwater Element Policy 2.8 promises, by 1991, a "program to control encroachment into the 100 year floodplain." Regarding wetlands, CARE Objective 3 is "no net loss of wetland acreage." The objective states further that the County shall seek to achieve a "measurable annual increase in restored wetland acreage." CARE Policy 3.1 requires the County to continue to "conserve and protect" wetlands from "detrimental physical and hydrological alteration" and "allow wetland encroachment only as a last resort when reasonable use of the property is otherwise unavailable." CARE Objective 16 is to continue to protect and conserve Conservation and Preservation Areas, which include a variety of wetland habitats. Regarding rare upland habitats, CARE Objective 16 offers some protection, as sand pine scrub is a Conservation Area and significant and essential wildlife habitat are, respectively, Conservation and Preservation Areas. CARE Policies 16.5 and 16.6 are to protect Conservation and Preservation Areas, respectively, from activities that would "significantly damage the natural integrity, character or ecological balance of said areas, except in cases of overriding public interest." CARE Objective 17 is to increase the amount of acreage designated as Natural Preservation by 15,000 acres by 1995. Also, the upland forest density credit incentive assists in promoting the preservation of rare upland habitats. Despite the ambiguity surrounding the types of land uses allowed by the Environmentally Sensitive Areas designation, the Plan protects the wetlands and rare upland habitats. Regarding wildlife habitat, CARE Objective 14 is to "prevent any further net loss of essential wildlife habitat" and to "protect significant wildlife habitat." CARE Objective 15 is to maintain existing populations of endangered, threatened, and special-concern species and, where "feasible and appropriate," to increase the "abundance and distribution" of such species. FLUE Objective C-5 is, by 1991, to "require the preservation and enhancement of wildlife habitats." CARE Objective 4 is, by 1995, to protect wildlife habitat in the 100 year floodplain. CARE Policy 14.7 is to require the preservation of wildlife corridors within developments when necessary to prevent fragmentation. CARE Policies 8.4 and 10.7 prohibit mining and land excavation, respectively, in essential wildlife habitats unless relocation of the affected species is feasible. On balance, despite the noted shortcomings, the Plan is consistent with the criterion of one or more objectives to ensure the protection of natural resources. Regarding the conservation, appropriate use, and protection of existing and planned water sources, the resources and functions generally involve wellfields and their cones of influence, aquifers and recharge, groundwater contamination, water conservation and reuse, and wastewater discharges including septic tanks. Regarding wellfields and their cones of influence, the Plan fails to include an objective providing for the conservation, appropriate use, and protection of these water sources. CARE Policy 5.8 promises wellfield protection by 1993, and even then only through land development regulations. In the meantime, CARE Policy 5.8 provides for an interim land development regulation establishing a procedure for reviewing the impact of land development proposals on cones of influence. The policy fails even to suggest any standards to guide this procedural ordinance. The Plan contains no objectives addressing aquifers and their recharge. Stormwater Element Policy 5.6 prohibits new discharge of untreated stormwater to the Floridan aquifer, and existing stormwater facilities so discharging into the Floridan aquifer will be modified if economically feasible and physically practical. The remaining policies are largely ineffective in protecting natural aquifer recharge function. CARE Policy 6.13 suggests that, by 1992, a program will be implemented to improve groundwater recharge through stormwater management, and the program "may require" that predevelopment groundwater recharge volumes and rates be maintained postdevelopment. CARE Policy 5.2 notes the need for additional information regarding areas of relatively high natural recharge and allows the County to require developers to provide site-specific hydrogeological information. But the policy does not suggest what standards would be applied in making ensuing land use decisions on what it concedes is a "case-by-case" basis. CARE Policy 5.5 promises that, within a year after the completion of high-resolution mapping of areas of high aquifer recharge/contamination potential, the County will develop land development regulations and performance standards that "may include" such strategies as "control of land use types and densities, impervious surface limitations, and discharge to groundwater controls." Whatever regulation may eventually be imposed has no guidance from the Plan and will be relegated to the land development regulations. Similarly lacking regulatory provisions, Sewer Element Policy 7.3 promises that, within a year after completion of a pending study, the County will develop a "program" to identify areas with septic tanks with the potential to contaminate groundwater. CARE Policy 5.9 at least prohibits activities that would breach the confining beds of the Floridan aquifer. 31/ Though lacking as to the conservation, appropriate use, and protection of the recharge process, the Plan addresses more adequately groundwater. CARE Objective 6 is to conserve, reuse, and enhance groundwater and prevent excessive withdrawals from groundwater. CARE Objective 5 is to ensure compliance with state groundwater standards. Like CARE Policy 2.7, which applies to surface water protection, CARE Policy 5.11 says that the County will ask other agencies to develop septic tank siting criteria and then will add the criteria to County land development regulations. CARE Policy 5.15 indicates that the County will not support deep well injection of effluent unless the process will have no adverse effect upon existing or potential potable water aquifers. More effective, Sewer Element Objective 7 is to "[m]inimize the possibility of existing and future sources of wastewater adversely impacting groundwater." Also, Sewer Element Policy 7.1 requires septic tank users to connect to central sewer when it becomes available, in the absence of undue hardship. And FLUE Policy A-1.3 prohibits development dependent upon on-site sewage disposal systems, if the soils are unsuitable, unless the soils can be altered to comply with state law. Regarding water conservation, Sewer Element Objective 2 is to "protect and conserve the potable water resources, both groundwater and surface water" and expand recovered water reuse systems. As noted above, CARE Objective 6 requires the "conservation, reuse, and enhancement of groundwater and surface water supplies" to meet potable water demands. CARE Policies 6.2 and 6.4 require the use of recovered water under certain circumstances. FLUE Objective B-10 is to protect the agricultural water supply through regulations. As compared to whether the Plan is consistent with the criterion of one or more objectives to ensure the protection of natural resources, the question is closer as to whether the Plan is consistent with the criterion of one or more objectives conserving, appropriately using, and protecting water sources. The Hillsborough River is adequately protected. Groundwater is directly addressed, although aquifer recharge receives little direct attention. Wellfields and cones of influence are not directly addressed. However, on balance, the Plan is consistent with the criterion of one or more objectives conserving, appropriately using, and protecting the quality and quantity of current and projected water sources. As to Issue 19, however, the Plan is, to the exclusion of fair debate, not consistent with the criterion of one or more policies addressing implementation activities to protect water quality by restricting activities known to affect adversely the quality and quantity of identified water sources, including cones of influence, water recharge areas, and water wells. As discussed in the preceding paragraphs, the Plan does not address in any detail water wells, cones of influence, or water recharge areas. Although the Plan is nevertheless able to attain consistency with a criterion of an objective to protect, conserve, and appropriately use water sources, the Plan's relevant provisions are too vague to attain consistency with a criterion of policies to restrict activities affecting adversely cones of influence, water wells, and aquifer recharge areas. As to Issues 20-21, the Plan contains policies addressing implementation activities restricting activities known to affect adversely the survival of endangered and threatened wildlife and protecting native vegetative communities. It is unnecessary to consider the extent to which the Environmentally Sensitive Areas designation protects native vegetative communities and the habitat that some of these communities provide to endangered and threatened species. Other Plan provisions, including the density and intensity formulas and the upland forest density credit incentive, offer sufficient protection to these vegetative communities for the Plan to attain consistency with the criteria requiring specific policies. Coastal Hazards (Issues 22-23) As to Issue 22, the Plan is not, to the exclusion of fair debate, consistent with the criterion of an objective directing population concentrations away from coastal high hazard areas. Coastal Element Objective 6 is to "[r]estrict development of residential population centers" in the coastal high hazard area. CARE Objective 5 is to avoid loss of life and property by "minimizing land development" in coastal areas. As used in the Plan, "restrict" does not mean "prohibit." 32/ Restrict appears to mean merely regulate. And without standards to guide regulation, an objective to restrict, or minimize, is vague and undefined. The meaning of the criterion is clear and its importance is indisputable for one of the most hurricane vulnerable regions in the United States. Obviously, the County itself does not interpret Plan language to "restrict" and "minimize" development as synonymous with the criterion to "direct population concentrations away from." Allowing higher densities in the coastal high hazard area and new intense uses in vacant or agricultural areas within the coastal high hazard area, the Plan reflects the County's reasonable interpretation of Coastal Element Objective 6. The language of Objective 6 and the apparent interpretation of the language by the County mean that the County is required only to attempt to restrain the rate of growth in intensity and density in the coastal high hazard area. This is not tantamount to directing population concentrations away from this hazardous area. Plan provisions to maintain hurricane evacuation times may not direct population concentrations from the coastal high hazard area because evacuation times can be reduced by other means, such as road and bridge capacity improvements. The missing objective must reduce densities and labor-intensive and capital-intensive intensities in the coastal high hazard area. As to Issue 23, the Plan contains a policy identifying regulatory techniques for septic tanks as part of general hazard mitigation to reduce the exposure of life and property in part of the coastal area to natural hazards. Coastal Element Policy 6.7 prohibits, except in cases of "undue hardship," the use of septic tanks for new development in the coastal high hazard area. There is no similar provision governing septic tanks in the larger coastal area, of which the coastal high hazard area is only a part. However, Coastal Element Policy 1.3 requires the County to plan for the construction of regional wastewater treatment facilities for coastal areas planned for higher densities, thereby reducing the use of interim wastewater treatment alternatives. Coastal Element Policy 1.7 provides, where economically feasible, the County shall provide improved domestic wastewater treatment service to coastal areas where persistent water quality problems in Tampa Bay are attributable to malfunctioning septic tanks. Public Facilities (Issues 24-31) As to Issue 24, the Plan establishes peak hour level of service standards for state roads and explains why the adopted level of service standards for certain roads are below the generally applicable standards. As to Issue 25, the Plan appears to govern all action taken by Hillsborough County concerning development and development orders. The four major provisions concerning vesting are reasonable and do not extend unnecessarily the recognition of vested rights. As to Issue 26, the Plan contains a policy addressing programs and activities for the provision of public facilities for development authorized by development orders issued prior to the adoption of the Plan. CIE Policy 1.D.1 requires the County, in determining the scope of capital improvements needed for concurrency, to take into account "demand that is likely to occur from previously issued development orders as well as future growth." As to Issues 27 and 28, the Plan's allowance of pipelining road impact fees in connection with DRI development orders does not necessarily violate concurrency. The Regional Plan allows pipelining, although the County's Plan fails to incorporate the restrictive conditions set forth in Regional Plan Policy 19.8.14. CIE Policy 3.C.4 already provides for considerable flexibility in the selection of affected areas when making concurrency determinations for roads. Reasonable flexibility in identifying the range of roads impacted by a DRI and applying DRI road impact fees does not mean that the resulting developments will violate concurrency. Nonvested DRI's remain subject to the Plan, including the concurrency monitoring and enforcement provisions, and their failure to satisfy these provisions should result in the denial of a development order. As to Issue 29, the Plan contains policies providing for concurrency with respect to developments for which development orders were issued prior to the adoption of the Plan and new developments that are to be assessed a pro rata share of the costs of public facility improvements necessitated by the new development. As noted above, CIE Policy 1.D.1 takes into account the demand for public facilities from development orders issued before the adoption of the Plan. CIE Policy 2.B.1.a provides further that existing development shall pay for at least some of the capital improvements to reduce or eliminate existing deficiencies. CIE Objective 2 addresses the sources of funds for infrastructure, including "County revenues, development's proportionate share contributions, and grants or gift[s] from other source[s]." CIE Policy 2.B.2.a provides that the County will "allocate the cost of new public facilities on the basis of the benefits received by existing and future residents so that current residents will not subsidize an urban sprawl pattern of new development." As to Issue 30, the above-described Plan provisions, together with the five year schedule of capital improvements, establish funding mechanisms to correct existing deficiencies in required public facilities. As to Issue 31, the Plan is consistent with the requirement of financial feasibility based on the schedules of capital improvements and sources of revenues. The $52.4 million discrepancy between the cost of capital improvements in the Five Year Schedule and the Table of Costs and Revenues, which were prepared 18 months apart, does not prove lack of financial feasibility. In the absence of additional evidence, it is equally likely that the County displayed financial prudence in scaling back capital outlays to meet emerging revenue shortfalls. Urban Sprawl (Issues 32-35) As to Issue 32, the FLUM generally depicts urban and rural land uses with one major exception. To the exclusion of fair debate, there is no clear indication as to what land uses are permissible on lands designated Environmentally Sensitive Areas. As to Issue 33, the Plan contains provisions to discourage urban sprawl. The Plan generally provides for a viable mixture of residential and commercial uses in the concept underlying the Plan and the use of nodes. With the exception of the areas whose designations are not supported by the Data and Analysis, urban and rural land uses are separated. Regarding urban sprawl, various Plan provisions, such as FLUE Policies A- 7.6 and B-4.6, discourage urban sprawl and encourage the efficient use of land and provision of public facilities and the protection of natural resources and agriculture. As to Issue 34, the Plan contains provisions, regarding the protection of rural and agricultural lands, designating agricultural uses on the FLUM; setting objectives to conserve, appropriately use, and protect soils and natural vegetative communities; and setting policies to protect and conserve the natural functions of soils, wildlife habitats, rivers, bays, floodplains, harbors, and wetlands. The agricultural uses are primarily assigned to Rural designations, and the Rural designations generally specify densities that are low enough to promote agricultural uses. Plan provisions describe the extent to which agricultural uses may be located in Urban and Suburban designations. Some of the natural resources receive more protection than others, such as floodplains, but in general, and especially in the context of protecting rural and agricultural lands, the Plan is consistent with the cited criteria. Miscellaneous (Issues 35-36) As to Issue 35, the Plan contains provisions adequately addressing intergovernmental coordination. As to Issue 36, the Plan contains dual planning timeframes. One timeframe, as shown on the five year schedule of capital improvements, is five years, and the other, as shown on the FLUM, is 20 years. Minimum Criterion of Internal Consistency (Issues 37-38) As to Issue 37, the Plan is, to the exclusion of fair debate, internally inconsistent with respect to, on the one hand, Plan provisions to protect natural resources, which are identified as Conservation and Preservation Areas in the Plan, and, on the other hand, the failure to provide Environmentally Sensitive Areas with a designation that regulates land uses. The Plan is generally internally consistent with respect to the permitted densities and intensities and Plan provisions to protect natural resources. However, there are two major exceptions to this finding. First, if the stormwater level of service standard is not expanded in the manner described above, all designations allowing further development within the 100 year floodplain are, to the exclusion of fair debate, internally inconsistent with Plan provisions to protect natural resources, unless the development in the 100 year floodplain is prohibited from altering predevelopment drainage conditions in terms of rate, volume, quality, timing, or location of discharge. Second, even if the stormwater level of service standard is appropriately broadened, the densities and intensities determined, to the exclusion of fair debate, to be unsuitable or unsupported by the Data and Analysis are, to the exclusion of fair debate, internally inconsistent with Plan provisions to protect natural resources. This applies to the second and third clauses of Issue 37. The Plan is internally consistent with respect to the discouragement of urban sprawl and the adopted level of service standards for roads and the use of dual planning timeframes. As to Issue 38, the Plan is internally consistent with respect to the discouragement of urban sprawl and the Plan provisions requiring developers to pay a pro rata share of the cost of public facilities necessitated by their development. Minimum Criterion of Consistency with Regional Plan (Issue 39) As to Issue 39, the Plan is consistent, under either evidentiary standard, with the Regional Plan, construed as a whole, with respect to the Regional Plan's provisions requiring the discouragement of urban sprawl, identification of the coastal high hazard area, prohibition against publicly subsidized development in the coastal high hazard area (the Regional Plan lacks a provision requiring the direction of population away from the coastal high hazard area), adoption of road level of service standards, achievement of energy-efficient design of transportation facilities, enhancement of governmental efficiency, and attainment of compliance with national air quality standards. With respect to the Regional Plan's provisions for the protection of environmentally sensitive areas, the Plan is consistent in some respects and, to the exclusion of fair debate, inconsistent in other respects. The inconsistencies have all been addressed above in connection with inconsistencies with other criteria of Chapter 9J-5. These inconsistencies are the inadequate stormwater level of service standard, which conflicts with Regional Plan Goal 8.7; in the absence of the expanded stormwater level of service standard discussed above, the inadequate protection of the 100 year floodplain, which conflicts with Regional Plan Goals 8.10, 10.4, and 10.5 and related policies; the inadequate protection extended to public supply potable water wellfields and their cones of influence and aquifer recharge, which conflicts with Regional Plan Goals 8.1 and 8.5 and related policies. Minimum Criterion of Consistency with State Plan (Issues 40-41) As to Issue 40, the Plan is consistent, under either evidentiary standard, with the State Plan, construed as a whole, with respect to the State Plan's provisions as to the discouragement of urban sprawl, promotion of agricultural activities that are compatible with the protection of natural resources, reduction of the cost of housing construction by the elimination of costly regulatory practices, coordination of transportation improvements to enhance system efficiency and minimize environmental impacts, assurance that transportation improvements are consistent with the maintenance of optimum air quality and efficient use of energy and transportation modes, elimination of regulatory activities not tied to the needs of specific public and natural resource protection, reduction of the need for new power plants by encouraging end-use energy efficiency, and attainment of compliance with all national air quality standards. With respect to the State Plan's provisions as to the elimination of the discharge of inadequately treated stormwater runoff and wastewater into the waters of the state, the Plan is consistent with respect to wastewater, but, to the exclusion of fair debate, inconsistent with respect to stormwater due to the above-noted deficiencies concerning the stormwater level of service standard. As to Issue 41, the Plan is consistent, under either evidentiary standard, with the State Plan, construed as a whole, with respect to the State Plan's provisions as to the development of a system of incentives and disincentives to encourage a separation of urban and rural uses while protecting water supplies, resource development, and fish and wildlife habitats (notwithstanding general shortcomings regarding the protection of water supplies and specific unsuitable designations jeopardizing potentially significant wildlife habitat), promotion of agriculture, provision of incentives for developing land so as to maximize the uses of existing public facilities, allocation of the costs of new public facilities on the basis of the benefits received by existing and future residents, and assurance that the transportation system provides Florida's residents and visitors with timely and efficient access to services, jobs, markets, and attractions. With respect to the State Plan's provisions as to the direction of growth into areas that already have or will soon have the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner, the Plan is generally consistent. However, the Plan is inconsistent with this provision of the State Plan, to the exclusion of fair debate, with respect to those five areas for which unsuitable designations were demonstrated to the exclusion of fair debate, and the Plan is inconsistent with this provision of the State Plan, by a mere preponderance of the evidence, with respect to those six areas for which unsuitable designations were demonstrated by a mere preponderance of the evidence..
Recommendation 317
Findings Of Fact Sarasota County's Comprehensive Plan Amendment RU-5 was adopted, as Sarasota County Ordinance No. 91-41, on July 3, 1991. RU-5 amends the 1989 "Revised and Updated Sarasota County Comprehensive Plan," which is also known as "Apoxsee." Res Judicata and Collateral Estoppel.-- The 1989 plan, Apoxsee, is the subject of the Final Order, Hiss v. Sarasota County, ACC 90-014, DOAH Case No. 89-3380GM (the Hiss Final Order). The Hiss Final Order resulted from the Section 163.3184(9) formal administrative proceeding Hiss initiated after notice by the Department of Community Affairs (the DCA) of its determination that the adopted Sarasota County comprehensive plan was "in compliance." After a final hearing, a Division of Administrative Hearings hearing officer entered a Recommended Order on August 14, 1990, recommending that, for certain specified reasons, the plan be found to be not "in compliance." After consideration of the Recommended Order and exceptions to it filed by Hiss, by the County and by the intervenors, the DCA determined that the plan was not in compliance, concluded that, with the exception of the remedial actions recommended by the hearing officer, the Recommended Order should be adopted. The DCA submitted the Recommended Order to the Administration Commission for final agency action (the Hiss Final Order), which was taken on June 4, 1991. The Hiss Final Order recited in part 4/: PRELIMINARY STATEMENT * * * The Recommended Order divides Hiss' numerous allegations for the plan's noncompliance into four categories: the first alleging adoption in a manner inconsistent with the minimum criteria regarding public participation, the second involving the Recreation and Open Spaces Element, the third involving the Future Land Use Element and Future Land Use Map, and the fourth involving urban sprawl. The Hearing Officer concluded that the plan was in compliance with regard to the first, second and fourth of these categories. But, with regard to the third category, the Future Land Use Element and Future Land Use Map, the Hearing Officer concluded that the plan was not in compliance for a number of reasons. * * * ACTION ON THE RECOMMENDED ORDER Pursuant to Section 120.57(1)(b)10., Florida Statutes, the Commission accepts the Findings of Fact and the Conclusions of Law contained in the Recommended Order . . . with the exception of the recommended Remedial Action to the extent inconsistent with the Remedial Action ordered below. The Sarasota County comprehensive plan, therefore, is determined to be not in compliance for the reasons set forth in the Recommended Order and the following remedial action is ordered. REMEDIAL ACTION The following remedial action pursuant to the schedule in paragraph 15, below, is hereby ordered to bring the comprehensive plan of Sarasota County into compliance: * * * a. Plan amendments ordered herein shall be prepared by the County and transmitted to the Department of Community Affairs by September 30, 1991. DCA by October 15, 1991 shall certify to the Commission that the plan amendments have been received. In the event the plan amendments are not received by that date the DCA shall notify the Commission by October 31, 1991 and the Commission shall review the matter as to the appropriate action to be taken. DCA shall report to the Commission on the progress of its review of the plan amendments by February 15, 1992. DCA shall forward a recommendation to the Commission regarding the County's conformance with the remedial action ordered herein no later than June 1, 1992. SANCTIONS Under the circumstances of this case, the Commission exercises its discretion to impose no sanctions on the County at this time. The Commission retains jurisdiction, however, to consider sanctions available under Chapter 163, Florida Statutes, and to impose sanctions in the future if the County fails to comply with the remedial actions of this order. Paragraph 10 of the "Remedial Actions" portion of the Final Order, which required the County to amend Policy 1.1.2 and add or amend other appropriate objectives and policies in the Public Facilities Plan as described therein, contained the following footnote: "Clarifica- tion of the language in the amendments ordered by Remedial Action 10, so long as they do not depart from the purposes of the remedial actions ordered, may be made by the County subject to review and compliance determinations by the Department of Community Affairs and this Commission." The Walton Tract. The Walton Tract is approximately 6,151 acres of land in south central Sarasota County. It is about a mile east of Interstate 75 and is presently undeveloped with vegetation typical of the pine flatwood community. At the time Apoxsee was adopted, the County was in the process of planning for a solid waste disposal complex on the Walton Tract but had not yet identified an exact landfill site on the tract. In Apoxsee, the entire Walton Tract was identifed as the general area for the proposed Central County Solid Waste Disposal Complex, and the entire Walton Tract was designated as "Public Resource Lands." Prior Proceeding.-- In part, the Recommended Order adopted in the Hiss Final Order found: Neither the FLUM nor the FLUE designates a category of land devoted to conservation use. Designations tending to include conservation uses are Public Resource . . .. The Public Resource Lands designation is assigned to, among other parcels, the Walton Tract where any preservation or conservation uses will be subjected to the use of a part of the tract as a landfill, as discussed in Paragraphs 246 et seq. The primary provision in the plan describing the uses associated with Public Resource Lands is Policy 1.2 of the FLUE, which is "[t]o acquire and protect Public Resource Lands." In addition, FLUE Policy 1.2.3 permits environmental management practices on such lands, including controlled burning. These provisions are readily applicable to the other three parcels designated as Public Resource Lands and the part of the Walton Tract undisturbed by the landfill. However, these provisions are inconsistent with the portion of the Walton Tract proposed for use as a major landfill and other areas affected by this intensive use. * * * The inclusion of the entire Walton Tract in the Public Resource Lands is inconsistent with the proposed use of a substantial part of the tract as a major landfill. If the County eliminates this inconsistency by designating the actual landfill area and other affected areas as institutional or other public facilities, the Public Resource Lands designation would be consistent with the conservation designation. If the actual landfill area remains designated as Public Resource Lands, the designation of the Walton Tract as Public Resource Lands precludes, to the exclusion of fair debate, a finding that the Public Resource Lands designation is consistent with the criterion of a conservation designation. * * * It is fairly debatable that the plan is consistent with the criterion of a policy addressing intergovernmental coordination with respect to the conservation, protection, and appropriate use of interjurisdictional vegetative communities. With one exception, it is fairly debatable that the plan is consistent with criteria of policies addressing the protection of natural reservations and the designation of environmentally sensitive lands. [F.A.C. Rule 9J-5.013(2)(b)7. and 9.] To the exclusion of fair debate, the plan is not consistent with the latter two criteria as applied to the designation of the entire Walton Tract as Public Resource Lands, despite the intended use of part of the tract as a major landfill. The early stages of planning for the landfill may prevent the plan from dealing specifically with the likely environmental impacts of a landfill yet to be designed or sited. However, the plan should contain many of the provisions of the management plan promised for the Walton Tract. If, as the Supportive Material indicates, the landfill disturbs one-third of the Walton Tract, siting the landfill among the important environmental resources in the area is a critical task requiring more from the plan than inaccurately designating the entire tract as Public Resource Lands or promising the issuance of a management plan at some point in the future. The plan fails to provide guidelines for a detailed management plan, and guidelines are especially critical for the coordination of a major landfill with sensitive natural resources in the area. Detailed and effective safeguards in the plan for the Walton Tract and surrounding natural resources would require that the landfill project conform to these requirements. If some aspect of the landfill design prevents conformance with such plan provisions, the County may amend the plan with in [sic] compliance with all procedural requirements of the Act, including public participation and review by DCA. Absent effective provisions concerning the landfill to be placed in the Walton Tract, it is impossible to find that the plan contains policies addressing implementation activities for the protection of existing natural reservations. The Walton Tract is designated in its entirety as Public Resource Lands, and the conversion of part of this land to a landfill is not consistent with the protection of the entire tract. The same findings apply with respect to the designation of environmentally sensitive land because the Walton Tract is the site of critical natural resources, including various types of wetlands, part of Cow Pen Slough, and part of the Myakka River floodplain, as well as a bank of part of the Myakka River. * * * 402. To the exclusion of fair debate, the FLUM is not consistent with provisions to protect and acquire environmentally sensitive lands due to the conflict between the Public Resource Lands designation of the Walton Tract on the FLUM and the proposed use of part of the tract as a major landfill . . .. In part, the Recommended Order adopted in the Hiss Final Order concluded: 76. Based on the ultimate findings of fact contained in Paragraphs 366 and 367, the plan . . . is consistent with the criterion of the designation on the FLUM of proposed conservation land uses, if the designation of the part of the Walton Tract proposed for actual landfill use and any other affected area are redesignated from Public Resource Lands to another designation such as institutional or other public facilities. Otherwise, the plan is not in compliance with the Act and Chapter 9J-5 because it is not consistent with the criterion of the designation on the FLUM of proposed conservation land uses. * * * Based on the ultimate findings of fact contained in Paragraphs 376 et seq., the plan is consistent with these [9J-5.013(2)(c)7.-9.] criteria with one exception. The plan is not in compliance with the Act and Chapter 9J-5 because the treatment of the entire Walton Tract is not consistent with criteria of the protection of existing natural reservations and designation of environmentally sensitive land for protection. The designation of the Walton Tract as Public Resource Lands despite the proposed use of part of the tract as a landfill demands, to the exclusion of fair debate, more specificity in the plan coordinating the land uses that will be permitted on the tract with the sensitive natural resources already there. Because of the intense use proposed for part of the tract and the proximity of important natural resources, the promise to adopt later a management plan for the Walton Tract is insufficient. . . . The proposed uses and special features of the Walton Tract require that, regardless of its future land use designation, the plan provide details of the management plan, if the plan is to contain policies addressing implementation activities for the protection of environmentally sensitive lands and existing natural reservations. [Fn. 43.--This determination remains applicable even if the County redesignates the Walton Tract as institutional or other public facilities. Although arguably redesignation could result in the tract losing its status as an existing natural reservation, the tract, or at least parts of it, would continue to represent environmentally sensitive lands, whose status is unaffected by any change in designation.] * * * 109. Based on the ultimate findings of fact contained in Paragraph 402, the plan is not in compliance with the Act and Chapter 9J-5 because the FLUM is not consistent with FLUE objectives and policies to protect and acquire environmentally sensitive lands with respect to the designation of the entire Walton Tract . . .. The Hiss Final Order required the following Remedial Action pertinent solely to the Walton Tract: 5. The County shall revise the section in the solid waste portion of the Public Facilities chapter that refers to "landfill Site Feasibility Report: Walton Tract and Central County Solid Waste Disposal Complex - Preliminary Cost Estimate" to reflect that the Walton Tract is currently only one potential location for the proposed landfill, subject to additional study. The County shall also adopt a policy requiring that at such time as a final decision is made on the location and type of solid waste treatment facility to be developed, the Future Land Use Plan Map Series and Public Facilities chapter will be amended accordingly to reflect that decision. The RU-5 Walton Tract Amendments.-- In part, RU-5 amends Figure 23, a part of the Future Land Use Map (FLUM) Series, to delineate 2,972 acres of the Walton Tract as "Public Resource Lands" and 3,179 acres of the Walton Tract as "Central County Solid Waste Disposal Complex and other Government Use." RU-5 specifically locates a proposed solid waste disposal complex on 550 acres of the 3,179 acres designated as "Central County Solid Waste Disposal Complex and other Government Use." The 2,972 acres in the Walton Tract designated as "Public Resource Lands" were zoned Open Use Conservation (OUC) by Sarasota County Ordinance 90-54. RU-5 also amends the Public Facilities Element of the Sarasota County Comprehensive Plan (Apoxsee) by adding Objective 2.6 and Policy 2.6.1. Objective 2.6 is: To develop a solid waste disposal complex and site which is economically feasible and which has minimal environmental impacts. Policy 2.6.1 states: The Central County Solid Waste Disposal Complex shall minimize, to the greatest extent possible, potential environmental impacts consistent with the adopted stipulations contained within Ordinance No. 90-54 and Resolution No. 91-149. Prior to development of the Central County Solid Waste Disposal Complex a resource based Land Management Program shall be adopted consistent with the "Principles for Evaluating Development Proposals in Native Habitats" and all other relevant policies in the Environment Chapter. The Public Facilities Supportive Material adopted as part of RU-5 states: The Board also approved a special exception for a 550 acre parcel for the Solid Waste Disposal Complex including a sanitary landfill and other uses associated with the landfill operations. * * * In order to minimize potential environmental impacts to the greatest extent possible, stipulations in the special exception approval include requirements for submission of studies such as the completion of a background Water Quality Monitoring Plan and a resource based Land Management Program, prior to the development of the landfill or other associated operations. Data and Analysis.-- The RU-5 amendments relating to the use of a portion of the Walton Tract for the Central County Solid Waste Disposal Complex are supported by the best available data and by appropriate analysis of the data. The County utilized all the appropriate data available at the time of the adoption of RU-5. All analysis required to be performed on the data through the time of the final hearing was performed and taken into consideration. Both the data and the analysis of the data through the time of the final hearing support the selection of the Walton Tract site for the Central County Solid Waste Disposal Complex. The total functional population of Sarasota County is projected to increase from 337,471 in 1990 to 475,353 in 2010. Meanwhile, with the closure of numerous unlicensed dump sites in the early 1970s, the County began operating the Bee Ridge Landfill in 1972. Although two of the County's four municipalities formerly operated landfills, those facilities have been closed due to environmental problems. Bee Ridge currently is relied on to serve all the municipalities as well as the entire unincorporated area of Sarasota County. Bee Ridge receives an average of 1,400 tons of solid waste per day (511,000 tons a year). Even assuming a 50% reduction in solid waste disposal through recycling, the County is projected to require solid waste disposal facilities capable of land filling over 850,000 tons per year. A County study entitled Solid Waste Management and Resource Recovery Plan, completed in 1980, indicated that landfilling would likely remain an essential means of managing the County's solid waste stream for the foreseeable future and that it would be necessary to obtain a replacement facility for the Bee Ridge Landfill. The Bee Ridge Department of Environmental Regulation (DER) permit expires in 1995. Bee Ridge was not constructed with liners meeting current DER permit requirements. Although the County has installed an underground "slurry wall" at the perimeter to attempt to prevent contamination from leaching out, there is no assurance that DER will renew the permit. In any event, Bee Ridge is projected to reach its maximum height by the mid-1990s. In addition, the ability to expand Bee Ridge is not assured, due to strong opposition from neighboring property owners. In 1986, the opportunity arose to acquire the Walton Tract without the use of condemnation, and the County authorized a specific feasibility study performed on the 6,151 acre tract. The study examined the parcel in terms of Florida statutory landfill requirements, physical characteristics of the site, hydrogeology and soils, landfill block configurations, environmental considerations, and regulatory agency comments. Although the study indicated that only 3,600 acres would be required for a landfill, the entire tract was purchased on advice of professional staff to maximize siting flexibility and ensure sufficient areas for perimeter buffers, wetland mitigation, and wildlife conservation areas. The purchase price was $8.6 million, paid out of the proceeds of an $80 million Solid Waste System Revenue Bond Issue. Preliminary cost estimates were prepared for the initial 20 years of the life of a landfill on the site. The estimate came to $39 million. At the time the Revised and Updated Sarasota County Comprehensive Plan was being compiled in the years prior to its adoption in 1989, the County had not yet identified an exact landfill site on the Walton Tract. Accordingly, Apoxsee identified the entire Walton Tract was identified as the general area for the proposed Central County Solid Waste Disposal Complex. The Walton Tract was also designated entirely as "Public Resource Lands" since the County regarded the "Public Resource Lands" use designation to permit public facilities in careful conjunction with large conservation areas of important native habitat, e.g., a potable water wellfield and water treatment plant on the Carlton Reserve; a solid waste disposal complex on the Walton Tract; and RV parks, campsites and active recreation facilities at Oscar Scherer State Recreation Area and Myakka River State Park. In the spring and summer of 1991, after entry of the Hiss Final Order, the Board of County Commissioners held public hearings to determine whether the Walton Tract should once again be designated as the site for the Central County Solid Waste Disposal Complex to accommodate a Class I landfill, composting areas for yard waste and yard waste/sludge recycling, and a Class III landfill for construction debris, and, if so, to determine the specific location and extent of the Complex, in the context of a rezoning and special exception proceeding. During the course of the hearings the County Commission considered detailed presentations by the county professional staff, expert consultants and the public concerning the suitability of the Walton Tract site, as well as other sites, for a solid waste disposal complex. The Commission also considered, as part of the evidence, a Draft Alternative Siting Study prepared by the engineering firm Camp Dresser & McKee (CDM) to meet the regulatory requirements of the EPA and Corps of Engineers under Section 404 of the Clean Water Act and the requirements of the Recycle Now! Chapter Amendment. At the conclusion of the hearings, the County Commission, by Ordinance 90-54 rezoned 3,179 acres of the Walton Tract to Government Use (GU) and 2,972 acres to Open Use Conservation (OUC). The Commission, by Resolution 91-149 also designated a reduced 550 acre site (instead of a 1,187 acre site) for the Central County Solid Waste Disposal Complex subject to final action on Comprehensive Plan Amendment RU-5, which was adopted by Ordinance 91-41 on July 23, 1991, after another public hearing at which all the evidence from the rezoning and special exception hearings was received into the record. (a.) Economic Feasibility.-- The Walton Tract site is centrally located in the County, between what are planned to be the County's major population concentrations, and close to the Laurel Road interchange with I-75 which is committed to be constructed by FDOT in 1993 under an agreement with the County. This location provides efficient transportation access to the rest of the County. The trend in solid waste management is toward centralizing solid waste disposal facilities due to the cost of the facilities, including the cost of permitting; the ability to achieve economies of scale; the increased reliability inherent in operating a limited number of facilities; and the advantages of focusing budget-limited management and regulatory compliance resources. Transportation costs with a centralized facility are offset by the use of transfer stations which greatly compress the solid waste to reduce the number of trips from the transfer station to the central facility. Sarasota County is already successfully using this system. The Draft Alternative Siting Study identifies three other properties besides the Walton Tract as suitable. During the public hearings before the County Commission, however, two of the sites (D and E) were strongly opposed by citizens living around those potential sites and the third site (G) was closer to the Myakka River and could be in conflict with the Myakka River Wild and Scenic Management Plan. From the standpoint of economic feasibility, the County Commission was advised: The County has certain bond obligations due to the purchase of site F [the Walton Tract] to provide a solid waste disposal facility. The legal and future bond financing issues must be considered against the potential benefits of selecting another site. The County's bond counsel also advised the County Commission that, if the County elected not to locate the solid waste disposal complex on the Walton Tract, the County would have to pay back to the Solid Waste System Revenue Bond enterprise fund the fair market value of the Walton Tract from some other revenue source. (b.) Adjacent Property.-- In contrast to the other suitable sites, the property owners closest to the proposed site on the Walton Tract are not opposed to the solid waste disposal complex in light of the County's ability to provide 1,000 foot buffers and avoid access conflicts due to the size and location of the Walton Tract. Due to the 6,151 acre size of the Walton Tract, the solid waste disposal complex, as approved by the County Commission, including all borrow pits, is located more than 8,000 feet from the closest point on the Myakka River, a designated Wild and Scenic River, and the testimony indicates that heavy equipment would not be heard on the river. Due to the flexibility in siting the solid waste disposal complex, and the 100 foot height limitation placed on the landfill by the County Commission, the landfill will not be seen on Lower Myakka Lake or the Myakka River. Due to the location of the solid waste disposal complex on the Walton Tract, together with the hydrogeologic characteristics of the site, no adverse impact on the Carlton (Ringling MacArthur) Reserve potable water wellfield located several miles to the east across the Myakka River is to be anticipated. The restriction of the solid waste disposal complex and associated borrow pits to the northwest portion of the Walton Tract and the designation by the County Commission of the remainder of the property as Public Resource Lands results in approximately 3,000 acres of the Walton Tract, contiguous to Myakka River State Park and the Carlton Reserve to the east, being placed in a conservation land use designation, linking these natural areas into a contiguous system of 55,000 acres of high quality native habitat in protected public ownership. (c.) Character of the Walton Tract.-- Hundreds of hours over a period of approximately five years were spend on-site at the Walton Tract by experts in environmental, engineering and other scientific disciplines to collect and analyze data on soils; topography; natural resources, including habitats, flora, and fauna; and historic resources to determine whether, and where, a solid waste disposal complex should be sited on the tract that would be economically feasible and minimize environmental impacts. Every wetland and upland habitat on the Walton Tract as well as likely ecological corridors and preservation areas, including the Myakka River 100 year floodplain and mesic hammocks, have been identified and verified in the field. The methods that were used to identify habitats, including likely habitats of threatened and endangered species, met professionally accepted standards, particularly for planning purposes. Environmental constraints were identified at the beginning of the assessment of the Walton Tract and drove or determined the siting process. Over the course of a five year period, there were no sightings of threatened or endangered species that would render the designated site of the complex or the borrow pits unsuitable for the proposed use. The designated site was suitable from the standpoint of minimizing environmental impacts. The pine flatwoods and isolated wetlands within the solid waste disposal complex footprint are neither rare nor endangered, constituting 57% and 17% of the area of the County, respectively, and there are suitable formerly improved pasture areas on the site to mitigate these wetlands on a type-for- type, one-for-one ratio. There is also a large 300 acre area adjacent to Cow Pen Slough suitable for mitigation by rehydrating wetlands previously impacted by the channelization of Cow Pen Slough in the 1960's. The proposed location of the landfill on the site is the most appropriate from the context of habitat, wetlands and wildlife. The complex and borrow pits protect water resources by being located outside the watershed of the Myakka River and outside the 100 year floodplain of Cow Pen Slough. Also, the Class I landfill will be elevated approximately three feet above grade, and the entire solid waste disposal complex will be surrounded with a bermed stormwater management system at least five feet above grade that will not only treat the stormwater to required standards but also provide additional protection against flooding beyond a 100 year flood event. The reduced 550 acre size of the solid waste disposal site is reasonable for meeting the solid waste recycling and disposal needs of the County for a 20 year planning period. CDM used the best available data, including the Federal Emergency Managment Agency (FEMA) Flood Insurance Rate Maps (FIRM), in siting the complex out of the 100 year floodplain. (The U.S. Soil Conservation Service 1985 Flood Plain Management Study of the Cow Pen Slough is not reliable data with respect to the extent of the 100 year floodplain.) The site designated for the landfill on the Walton Tract has no geotechnical or water resource factors that would preclude it from being suitable for a landfill. There is no realistic danger of groundwater contamination of either the surficial or the deeper Floridan aquifer beneath the landfill in light of the required multiple liners and the required leachate collection and treatment systems. A modern landfill operation is not necessarily incompatible with surrounding wildlife. The landfill would be limited to an exposed working face of solid waste no more than 100 feet by 200 feet which must be covered daily. This reduces the landfill's attactiveness to seagulls and other scavengers. Many species of birds, including sandhill cranes, woodstorks, and bald eagles, continue to be seen within several hundred yards of the working face of the Bee Ridge landfill and its heavy equipment. Over the 12 year existence of the Bee Ridge landfill, there has been no quantifiable decline in such wildlife. The herd of deer adjacent to the landfill had increased substantially over that period. Internal Consistency.-- It was not the intent of RU-5's Public Facilities Objective 2.6 and Policy 2.6.1 that the specifically designated site for the solid waste disposal complex on the Walton Tract would be invalidated if any other possible site were found to have even marginally less environmental impact. Although there are other sites arguably with less environmental impacts, according to a rating system developed for evaluating the suitability of potential sites, other factors also went into the selection of the Walton Tract site. Both Public Facilities Objective 2.6 and Policy 2.6.1 contemplate the development of a solid waste disposal complex and site. They mean that the designated site should be developed in a manner which reduces environmmental impacts as much as possible. It certainly is at least fairly debatable that they contemplate the development of the Walton Tract site as a landfill. RU-5's amended "Principles for Evaluating Development Proposals in Native Habitats," Section VI.A.2.e., provides in part: In cases where a wetland is no longer capable of performing defined environmental functions and providing defined environmental values, or in cases where no other reasonable alternative exists other than disrupting a wetland, some alteration may be allowed. As amended by RU-5, this portion of the "Principles for Evaluating Development Proposals in Native Habitats" focuses on wetland mitigation requirements on other portions of a landowner's property, when a wetland must be altered to allow reasonable, beneficial use of the property. Section VI.A.2.e. of these principles does not require the County, or any other property owner, to demonstate, prior to developing their property, that there is "no reasonable alternative location in the County which impacts less wetlands or an equivalent acreage of wetlands of less environmental value." It certainly is at least fairly debatable that they do not. The Supportive Material for Apoxsee's Recreation and Open Space Element states: "Large portions of the Walton Tract cannot be used for landfill purposes because they are in the floodplain of either the Myakka River or the Cow Pen Slough." Nothing in RU-5 is inconsistent with this data and analysis. The acreage being used for the landfill and associated uses are not in the floodplain. Through RU-5, Recreation Policy 1.1.4 of Apoxsee provided: "Ecologically benign, non-consumptive, resource-based uses shall be implemented at the Walton Tract and the Ringling-MacArthur Reserve." On March 10, 1992, RU- 6 was adopted and amended Recreation Policy to provide: "Recreational uses implemented on the Walton Tract and the T. Mabry Carlton, Jr., Memorial Reserve [formerly known as the Ringling-MacArthur Reserve] shall be limited to activities which are ecologically benign, non-consumptive and resource based." It is at least fairly debatable that this policy does not refer to the portion of the Walton Tract designated for use as a landfill. Future Land Use Element (FLUE) Objective 1.1, as amended through RU-5, restricts land uses on Public Resources Lands by requiring the County: "To protect environmentally sensitive lands, conserve natural resources, protect floodplains, maintain water quality, and maintain open space." FLUE Objective 1.2 is: "To acquire and protect Public Resource Lands." The implementing policies under FLUE Objective 1.2 include: Policy 1.2.1 -- Sarasota County shall attempt to coordinate efforts to acquire public lands for conservation, preservation and open space. Policy 1.2.2 -- Provide adequate buffering of Public Resource Lands for potentially incompatible adjacent land uses. Policy 1.2.3 -- Permit normal management practices associated with native habitats. Again, it is at least fairly debatable that these objectives and policies do not preclude the designation of a part of the Walton Tract for use as a landfill. The Supportive Material for Apoxsee's FLUE states that the County will adopt "detailed management plans" for the Walton Tract (and the Ringling- MacArthur Reserve) and adds: In conjunction with the development of a portion of these two County-owned properties as a waste disposal complex and potable water supply, respectively, subtantial acreage is to be preserved to provide for wildlife corridors, wetlands protection, buffering zones, recreation, education, and open space uses. It is critical that any development within, and adjacent to, these Public Resource Lands be compatible with their inherent environmental values as well as the public values ascribed to them. The management plans . . . will address this issue. The County has not yet adopted a management plan for the Walton Tract landfill. But Public Facilities Policy 2.6.1 incorporates the detailed protective stipulations contained in Ordinance 90-54, which zoned the Walton Tract "Government Use" and "Open Use, Conservation," and in Resolution 91-149, which designated the site of the Central County Solid Waste Disposal Complex. These stipulations: require submission of a background water quality monitoring plan for review and approval by the County Natural Resources Department; require a preapplication meeting with the Stormwater Management, Natural Sciences, and Pollution Control Divisions prior to submission of a Master Stormwater Management Plan; limit post development runoff volumes to predevelopment volumes for storm events up to the mean annual (2.33-year) storm; require design and planting of littoral zones in all stormwater detention lakes in accordance with the County Land Development Regulations; require design and planting of littoral zones in all borrow lakes in accordance with the County's Earthmoving Ordinance; require submission of a final mitigation plan, including engineer drawings and plans for creating and maintaining adequate hydroperiods in created wetlands for review and approval by the Natural Sciences Division; require clear delineation and, during construction, marking of Preservation/Conservation areas; require appropriate sediment control devices around buffers of all wetlands within 500 feet of construction; prohibit disturbances in any Perservation/Conservation area except in approved construction areas or to provide approved access roads, fire lanes, utility transmission lines or nature trails; require notification to the Natural Sciences Division for determination of appropriate remedial action in the event listed species are observed; prohibits development of the solid waste disposal complex until a resource-based Land Management Program is prepared, approved and adopted; and limits the height of the landfill to 100 feet. In addition, Public Facilities Policy 2.6.1 prohibits development of the solid waste disposal complex until a resource-based Land Management Program is adopted consistent with the detailed requirements of the "Principles for Evaluating Development Proposals in Native Habitats" and the policies of the Environment Chapter of Apoxsee, e.g., Environment Policy 5.5.13, as well as Recreation Policy 1.1.4 and Future Land Use Policies 1.2.2 and 1.2.3. The Hiss Final Order does not require that a detailed management plan be adopted as part of RU-5 in order for RU-5 to amend the FLUM Series to designate a portion of the Walton Tract as the new County landfill. Rather, it was critical that the 1989 "plan fails to provide guidelines for a detailed management plan, and guidelines are especially critical for the coordination of a major landfill with sensitive natural resources in the area." (Emphasis added.) Recommended Order, Finding of Fact 378. It stated that "the plan should contain many of the provisions of the management plan promised for the Walton Tract." (Emphasis added.) Recommended Order, Finding of Fact 377. While not specifying the management plan guidelines believed to be necessary, the Hiss Final Order found that the plan was not "consistent with criteria of policies addressing the protection of natural reservations and the designation of environmentally sensitive lands [referring to F.A.C. Rule 9J-5.013(2)(b)7. and 9.]." (Emphasis added.) Recommended Order, Finding of Fact 376. Elsewhere, it found it "impossible to find that the plan contains policies addressing implementation activities for the protection of existing natural reservations." (Emphasis added.) Recommended Order, Finding of Fact 379. F.A.C. Rule 9J-5.013(2)(b)7. and 9. require objectives that "[protect] existing natural reservations identified in the recreation and open space element" and "[designate] environmentally sensitive lands for protection based on locally determined criteria which further the goals and objectives of the conservation element." The plan, as amended through RU-5, contains guidelines for a management plan for the Walton Tract that are sufficiently detailed to meet the requirements of F.A.C. Rule 9J-5.013(2)(b)7. and 9. RU-5 is not inconsistent with the Support Material referred to in Finding 49, above. The final version of the management plan is not data or analysis that must precede the amendment of the FLUM Series. RU-6 amended Environment Policy 5.5.3 to read: By July 1, 1992, the Sarasota County Board of County Commissioners shall have adopted criteria for conducting and staff shall have conducted an analysis to identify habitats of high ecological values and strategies to physically link natural areas into a contiguous system. The criteria for identifying these areas should consider several major factors including the presence of endangered species, outstanding water resources, high quality natural habitat, and value as a wildlife corridor. The Future Land Use Map Series shall be revised to show the location of these areas of high quality ecological value. This provision is not inconsistent with RU-5. The portion of the Walton Tract designated for development as a landfill is made up of pine flatwoods and isolated, seasonal wetlands which are neither rare nor endangered habitats. Except for a minor portion of the westernmost borrow pit, it is outside the 100-year floodplain. 5/ It is outside the watershed of the Myakka River. It is set back from habitats of threatened or endangered species, as well as surrounding property owners. It is reasonably sized to meet the solid waste recycling and disposal needs of the County for the 20-year planning period. Consistent with Environment Policy 5.5.3, the 2,971 acres of the Walton Tract which RU-5 leaves designated Public Resource Land includes those areas which are contiguous to Myakka River State Park and the Carlton Reserve to the east, linking natural areas into a contiguous system, and providing protection to the outstanding water resources and high quality habitat in the Myakka River watershed and in the Cow Pen Slough watershed in the southernmost portion of the Tract. Historic and Archaeological Preservation.-- In part, the Recommended Order adopted in the Hiss Final Order found: 362. To the exclusion of fair debate, the plan is not consistent with the criterion of the depiction on the ELUM of historic resources. The depicted archaeological sensitivity zones, which represent projections of possible sites, do not purport to represent the location of, for example, the 78 or 79 sites on the Florida Master Site Plan and other historical resources, which are concededly vulnerable to development. In part, the Recommended Order adopted in the Hiss Final Order concluded: As relevant to the determinations contained in this section, . . . Rule 9J- 5.006(1)(a)(11), . . . requires that the "following generalized land uses shall be shown on the existing land use map or map series: . . . Historic resources." Rule 9J-5.003(35) defines "historic resources" to mean: all areas, districts or sites containing properties listed on the Florida Master Site File, the National Register of Historic Places, or designated by the local government as historically, architecturally, or archaeologically significant. Based on the ultimate findings of fact contained in Paragraph 362, the plan is not in compliance with the Act and Chapter 9J-5 because it is not consistent with the criterion of showing historic resources on the ELUM. For instance, there are 78 or 79 sites in the Florida Master Site File that are, by definition, historic resources, but are not shown on any ELUM. The Hiss Final Order required the following Remedial Action pertinent to historic and archeological preservation: 2. The County shall revise its existing land use map to show the location of historic resources, including the generalized location of sites listed in the Florida Master Site File or National Register of Historic Places or otherwise designated by the County as historically, architecturally or archaeologically significant. * * * 4. The County shall revise its Future Land Use Plan Map Series to include the historic resources mentioned in paragraph 2 above. RU-5 amends the Historic Preservation Chapter of Apoxsee to indicate that the map provided in Figure 3 in the Future Land Use Map (FLUM) Series shows the location of "National Register sites and other historically significant sites in Sarasota County." It also amends Figure 3 to identify 78 National Register sites from the Florida Master Site File. Appendix A to "Section 3: Sites in Unincorporated Sarasota County Listed in the Florida Master Site File" also is amended to list these sites. In essence, RU-5 follows from the updating of the supporting documentation to Apoxsee by adding to the Existing Land Use Map (ELUM) Series and the FLUM Series verified historically significant sites in Sarasota County, namely the sites found on the National Register and on the Florida Master Site File List. The County also has performed extensive study of portions of the County in an effort to locate significant historic and archaeological sites. The study has located many potential sites. However, the sites have not yet been fully evaluated to determine if they are historically, architecturally or archaeologically significant. Therefore, they have not yet been added, or proposed to be added, to the National Register or the Florida Master Site File List, and they do not appear in Apoxsee, as amended by RU-5. The County's determination not to identify and depict more sites on RU-5 is supported by the best available data and analysis. In addition, RU-5 adopted Future Land Use Element (FLUE) Policy 1.13.1 which provides for the coordination of land uses with the protection of historical resources. As part of the process for issuing development orders, the County has incorporated review by the County Historian to determine the likelihood of the site being historically significant, and the County places conditions on various development permits to protect historically significant sites. Except for the failure of Apoxsee, before RU-5, to depict the locations of, "for example, the 78 or 79 sites on the Florida Master Site Plan and other historical resources, which are concededly vulnerable to development," the Historic Preservation Chapter of Apoxsee already has been exhaustively scrutinized and found to be internally consistent and in compliance. See Hiss Final Order. Floodplain Delineation and Protection.-- In part, the Recommended Order adopted in the Hiss Final Order found: To the exclusion of fair debate, the FLUM is not consistent with criteria of the depiction of floodplains; Big Slough, whether it is classified as a river, floodplain, or wetland; and minerals and soils. . . .. The omission of floodplains is complete. Nothing in FLUM-2 corresponds to the floodprone areas shown in Figure 27 in the Supportive Material. For example, the Conservation/Preservation areas surrounding the Myakka River are not coextensive with the larger floodplain of the Myakka River depicted in Figure 27. The omission of floodplains is exacerbated by the absence of plan provisions providing effective protection for these critical natural drainage features, except for the Myakka River floodplain. * * * To the exclusion of fair debate, the plan is not consistent with criteria of objectives to ensure the protection of floodplains (other than that of the Myakka River), floodplain- associated soils, and wetlands (due to the inadequacy of the mitigation provision). Policy 5.5.8 of the Environment Element promises to adopt land development regulations to regulate develop- ment and specify necessary design standards for floodplains. In the absence of any undertaking in the plan to require that land uses in the floodplains be consistent with their function, Policy 5.5.8 does not resemble an objective ensuring the protection of floodplains. To the exclusion of fair debate, the plan is not consistent with criteria of objectives to coordinate the future land uses with topography, soil conditions, and availability of facilities and services, with respect to floodplains and the unrestricted use of septic tanks 6/ in the Urban area. The Supportive Material advises that future land uses in the floodplains must be less intensive than in the past. Except for the Myakka River floodplain, the plan fails to coordinate future land uses with the unique topography and soil conditions of the floodplains because the plan does not require that any development in the floodplains be consistent with their functions. In part, the Recommended Order adopted in the Hiss Final Order concluded: 83. Based on the ultimate findings of fact contained in Paragraphs 372 et seq., the plan is not in compliance with the Act and Chapter 9J-5 because it is not consistent with criteria of the depiction on the FLUM of floodplains, Big Slough (regardless of its classification as a river, wetland, or floodplain), and minerals and soils. * * * 96. Based on the ultimate findings of fact contained in Paragraph 388, the plan is not in compliance with the Act and Chapter 9J-5 because it is not consistent with criteria of objectives to ensure the protection of flood- plains other than that of the Myakka River, floodplain-associated soils, and wetlands due to the inadequacy of the mitigation provisions. 7/ The Hiss Final Order required the following Remedial Action pertinent to floodplain delineation and protection: The County shall amend "Figure 27: 100-year Floodprone Areas" to depict the location of all 100-year floodplains . . . and adopt Figure 27, as amended, as an addition to the Future Land Use Map Series. The county shall amend "Figure 5: General Soil Associations in Sarasota County" to indicate general locations of known sand and gravel deposits, and adopt Figure 5, as amended, as an addition to the Future Land Use Map Series. * * * 9. The County shall adopt a new policy in the Future Land Use Plan, to provide that no development order shall be issued which would permit development in floodplains or on floodplain- associated soils that would adversely affect the function of the floodplain, or that would degrade the water quality of water bodies associated with the floodplains in violation of any local, state or federal regulation, including water quality regulations. In part, RU-5 amends FLUE Objective 1.1 to state: "To protect environmentally sensitive lands, conserve natural resources, protect floodplains, maintain water quality, and maintain open space." RU-5 also adds the following policies: Policy 1.1.5: "All future development shall be consistent with the detailed master plans for each drainage basin as they are adopted through the Basin Master Planning Program." [Revision of Environment Policy 2.1.8.] Policy 1.1.6: "No development order shall be issued which would permit development in 100-year floodplains, as designated on Federal Emergency Management Agency [FEMA] Flood Insurance Rate Maps [FIRM] or adopted County flood studies, or on floodplain associated soils, defined as Soils of Coastal Islands, Soils of the Hammocks, Soils of Depressions and Sloughs, and Soils of the Floodplains and shown in figure 5, that would adversely affect the function of the floodplains or that would degrade the water quality of waterbodies associated with said floodplains in violation of any local, State, or federal regulation, including water quality regulations." Policy 1.1.8: "'Figure 27: 100 - Year Floodprone Areas' shall be adopted as Future Land Use Plan Map 5." Policy 1.3.2: "'Figure 5: General Soil Associations In Sarasota County' shall be adopted as Future Land Use Plan Map 4." RU-5 also adds Environment Policy 5.8.2: Floodplain functions shall be protected by application of the Land Development Regulations (Ordinance No. 81-12, as amended) and Goals, Objectives, and Policies of the Public Facilities and Future Land Use Plans. RU-5 adds Public Facilities Policy 3.2.8: New development in the 100-year floodplains shall be consistent with the Goals, Objectives and Policies of the Environment, Public Facilities, and Future Land Use Plans. By virtue of the RU-5 amendments, which use the best available data (the FEMA FIRM) and appropriate analysis, the Apoxsee now depicts the floodprone areas in the County and plans appropriately for their protection. It is at least fairly debatable that the plan provisions are internally consistent. Septic Tanks.-- In part, the Recommended Order adopted in the Hiss Final Order found: A similar lack of coordination exists with respect to the unrestricted use of septic tanks in Urban areas. The Supportive Material discloses "chronic" septic tank failures in areas south of the City of Sarasota, south of Venice, and in the Englewood area at the southern tip of the County on the coast. The last area is one of the few areas remaining near the coast with significant amounts of vacant, unplatted land. Each of the three areas is adjacent to estuarine waters. The Supportive Material cautions that, without centralized sewer in the Englewood area, the County's last remaining shellfish harvesting area, which is in Lemon Bay, is threatened. The Englewood area also includes wellfields that draw upon the surficial aquifer, which is highly susceptible to contamination in this region. Failing to coordinate future land uses with topography, soil conditions, and availability of facilities and services, the plan allows the unrestricted use of septic tanks in these critical Urban areas. Promises to study the problem, prioritize areas for centralized hookup, and in the meantime "discourage" the use of on-site sewage disposal systems offer little in the face of chronic failures of on-site sewage disposal systems and the absence from Table 80 of any expenditures for a centralized wastewater treatment system. Sarasota Exhibit 38, which is the 1986 Englewood Sector Plan, illustrates, in its discussion of septic tanks, the historic lack of coordination between future land uses and topography, soil conditions, and the availability of facilities and services. The Sector Plan notes that the soils of the majority of undeveloped lands in the Englewood area are poorly drained with less than two feet between the surface level and the groundwater table. A 1970 study by the County Health Department concluded: "Based on test results it would appear that Englewood has already reached the point where further development without adequate centralized sewerage facilities will lead to increased problems with regard to fecal pollution of ditches and waterways." [Fn. 30--The Sector Plan mentions various requirements imposed by the County that, if incorporated into the plan, would help coordinate future land uses with topography, soil conditions, and availability of facilities and services. County Ordinance 81-12 prohibits septic tanks within 100 feet of a 25-year floodplain unless the lot is at least five acres. The same ordinance reportedly requires that "the groundwater table be maintained at not less than forty-eight (48 inches) [apparently from the bottom of the drainfield]." Sector Plan, p. VI-4. Also, the County requires hookup to centralized wastewater systems for all new residential subdivisions within one-quarter mile of an existing sewer line, although this requirement can be waived. Id. at pp. VI-4 and VI-5. Finding insufficient septic-tank restrictions imposed by the Department of Health and Rehabilitative Services, the County has adopted several ordinances regulating on-site sewage disposal systems. Plan, p. 166. Ordinances 83-14, 83-83, and 86-03 detail these requirements, but Appendix D, 2 does not describe them in much detail. More important, the restrictions contained in all of these ordinances did not find their way into the operative provisions of the plan.] Sector Plan, p. VI-4. In the context of a plan that allows unrestricted use of septic tanks anywhere in the Urban area, coordination is not achieved by a plan provision requiring "reasonable assurance" that development proposals within the watersheds of existing public potable surface waters (i.e., the upper Myakka River, both Myakka Lakes, and Big Slough) will not "degrade the quality of such water." Nor is coordination achieved by a provision offering the general assurance of protection and conservation of surface water and groundwater resources, or another provision promising the adoption of land development regulations to specify "design standards" in environmentally significant/sensitive areas like watersheds and water recharge areas. No plan provisions guide the review of specific development proposals. The plan contains no performance or design standards or any requirements to guide the preparation of such standards. [Fn. omitted.] The vague provisions governing the use of septic tanks in the Urban area do not provide, in the plan, a meaningful basis upon which to coordinate, in the plan, future land uses with topography, soil conditions, and availability of facilities and services. In part, the Recommended Order adopted in the Hiss Final Order concluded: 97. Based on the ultimate findings of fact contained in Paragraphs 390 et seq., the plan is not in compliance with the Act and Chapter 9J-5 because it is not consistent with the criterion of an objective to coordinate future land uses with topography, soil conditions, and the availability of facilities and services, with respect to floodplains and the unrestricted use of septic tanks in the Urban area. Besides the provisions already mentioned in connection with floodplain delineation and protection, the Hiss Final Order required the following Remedial Action pertinent to septic tanks: . . .. The Public Facilities Element, Future Land Use Element, and other appropriate elements must contain objectives, with principles, guidelines and standards, to coordinate future land uses with topography, soil conditions, and available facilites and services, with respect to both floodplain protection and the use of septic tanks. The County shall amend Policy 1.1.2 and add or amend other appropriate objectives and policies in the Public Facilities Plan, as follows 8/: * * * Policy 3.2.2 The County shall prohibit the installation of septic tanks in areas designated urban on the Future Land Use Plan Map Series, unless the installation and use shall not adversely affect the quality of groundwater or surface water or adversely affect the natural function of floodplains; further, the County shall adopt regulations which, to the maximum extent permitted by law, mandate hookup of existing as well as new development to a centralized wastewater treatment system. RU-5 amends Public Facilities Policy 3.2.2 to provide: The County shall prohibit the installation of septic tanks in areas designated Urban and Barrier Island on the Future Land Use Plan Map Series, unless the installation and use shall not adversely affect the quality of groundwater or surface water or adversely affect the natural function of floodplains as required by the provisions of the County Land Development Regulations (Ordinance No. 81-12, as amended); Ordinance No. 83-83, regulating design, construction, installation, utilization, operation, maintenance and repair of individual on-site sewage disposal systems, as amended; and any more stringent regulations applicable. Further, the County shall revise as necessary or adopt regulations which, to the maximum extent permitted by law, mandate hookup of existing as well as new development to a centralized wastewater treatment system, when available. The County has admitted, for purposes of effectuating a settlement, that Public Facilities Policy 3.1.2 is not in compliance for the reasons set forth in the settlement Stipulation between the Department and the County. By the Stipulation, the County agrees to further amend Public Facilities Policy 3.2.2 by amending the last sentence to read: Further, the County shall require that all buildings served by on-site sewage disposal systems, except approved on-site greywater systems, connect to a publicly owned or investor-owned sewerage system within one year of notification by the County that such a system is available as defined in Chapter 10D-6.042(7), F.A.C. The County shall establish procedures for the notification of sewer availability. RU-5 also amends Public Facilities Policy 3.2.5 to make clear that the requirement for compliance with federal, state and local permit laws extends to individual on-site systems. It also provides: Soil surveys shall be required for septic tank permits. No individual on-site systems shall be permitted where soil conditions indicate that the system would not function without degrading water quality or where land alterations necessary to accommodate the system would interfere with drainage or floodplain functions. RU-5 also amends Public Facilities Policy 3.2.9 to provide: By 1994, the County shall begin implementation of its wastewater resource management program to be completed by 2020. The comprehensive plan, including the Captial Improvements Element, shall be amended by 1994 to reflect implementation of the program. Priority shall be given to providing centralized service to areas experiencing septic tank failure and areas where water quality has been adversely affected by current disposal methods. RU-5 added Environment Policy 5.8.3: Septic tanks shall not adversely affect water quality in accordance with Ordinance No. 83-83 and goals, objectives and policies of the Public Facilities and Future Land Use Plans. The vast majority of septic tanks in the County were installed prior to the adoption of increasingly stringent County regulations during the 1970s and 1980s. Since the early 1980s, there have been virtually no subdivisions approved for septic tanks in urban areas. With one seldom-used exception, all urban subdivisions (densities greater than one dwelling unit per acre) are required to have central sewerage facilities. (The exception, for subdivisions of half-acre lots where central water is provided, has proven not to be economically feasible for the developer in most cases.) Virtually all new subdivisions are being connected to large franchised systems. Consistent with Public Facilities Policies 3.2.2 and 3.2.5 and FLUE Policy 1.1.6, current regulations already provide that no septic tanks or drainfields are permitted within 100 feet of the 25-year portion of the 100-year floodplain. Under current County regulations, all lots are required to meet the County standards. When a septic tank system fails, the property owner is required to upgrade the system to the current county standards to the maximum extent physically possible on the property. Apoxsee's Capital Improvements Element provides for the expenditure of $3,403,000 for expansion of the County-owned centralized sewerage system. The County Health Department is currently developing a priority list for the extension of central sewerage systems into the older subdivisions in the County which are experienceing septic tank system failures due to the age of the systems. Funding for the extension of central sewerage into septic tank subdivisions is awaiting completion and approval of the priority list and an estimate of the costs. The timing of funding and implementation under RU-5 is reasonable and is supported by the best available data and appropriate analysis. Apoxsee specifically coordinates the density of urban development with central water and sewer service through FLUE Policies 1.7.2 and 1.7.3, as well as the application of the Urban Area Residential Checklist and the Urban Area Residential Density Matrix, which substantially reduces urban density when central water and sewer service are not provided. Potable Water Wellfields.-- In part, the Recommended Order adopted in the Hiss Final Order found: 242. The plan contains provisions conserving potable water and recharge areas. In the Public Facilities Element, for instance, Objective 3.1 is "[t]o establish a program of identifying and protecting existing and potential potable water supply sources." Policy 3.1.1 speaks of the adoption of a wellhead protection program by 1990, although this promise is nullified by the condition that the adoption of such a program is "subject to engineering studies and future deliberations and considerations." * * * Wellfields receive little direct protection in the plan. Objective 3.1 of the Public Facilities Element is "[t]o establish a program of identifying and protecting existing and potential potable water supply sources." As the language of this objective suggests, no such program exists, and the ensuing policies do little, if anything, in identifying implementation activities designed to achieve this objective. As already noted, Policy 3.1.1 states that the County will "ensure adequate protection for potable water supply systems," as well as recharge areas, "by initiating efforts to prepare and implement a wellhead protection program by 1990, subject to engineering studies and future deliberations and considerations." * * * Important protection of waterwells is derived from general provisions applicable to groundwater and potable water. Provisions governing groundwater have been discussed in connection with groundwater recharge. Provisions protecting potable water protect wellfields to the extent that groundwater provides potable water. For instance, Policy 5.3.2 of the Environment Element provides that the County shall implement water conservation measures. Measures to conserve water include the use of wastewater or stormwater runoff as a potable water source, as envisioned by Policies 2.1.4 and 2.1.5 of the Public Facilities Element. Likewise, Policy 1.2.6 promises that the County "will continue to explore ... water conservation strategies in cooperation with regional water supply authorities and other local entities." Water conservation measures will obviously protect wellfields by reducing demand and the possibility of overpumping. * * * 371. It is fairly debatable that the FLUM is consistent with criteria of the depiction of waterwells . . .. * * * It is fairly debatable that the plan is consistent with criteria of objectives and policies addressing the conservation of potable water, protection of natural groundwater recharge, and protection of waterwells. . . . . . .. With one exception, it is fairly debatable that the plan is consistent with criteria of policies addressing the protection of natural reservations and the designation of environmentally sensitive lands. To the exclusion of fair debate, the plan is not consistent with the latter two criteria as applied to the designation of the entire Walton Tract as Public Resource Lands, despite the intended use of part of the tract as a major landfill. * * * 385. It is fairly debatable that the plan is consistent with the criterion of an objective addressing the protection of water quality by the restriction of activities known to affect adversely the quality and quantity of identified water sources, including waterwells. The requisite protection is attained by policies protecting surface water and groundwater and conserving potable water, such as by investigating the use of treated wastewater effluent and stormwater runoff as potable water sources. * * * 387. It is fairly debatable that the plan is consistent with criteria of objectives to ensure the protection of waterwells . . .. In part, the Recommended Order adopted in the Hiss Final Order concluded: Based on the ultimate findings of fact contained in Paragraph 371, the plan is consistent with criteria of the depiction on the FLUM of waterwells . . .. There are no cones of influence that are required to be depicted on the FLUM because the Southwest Florida Water Management District has not identified any cones of influence in the County. According to Rule 9J-5.003(18), a "cone of influence" is "an area around one or more major waterwells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth." * * * 91. Rule 9J-5.013(2)(c)1. requires that the plan contain "policies address[ing] implementation activities for the": 1. Protection of water quality by restriction of activities known to adversely affect the quality and quantity of identified water sources including existing cones of influence, water recharge areas, and waterwells[.] 92. Based on the ultimate findings of fact contained in Paragraphs 380 and 385-386, the plan is consistent with criteria of objectives addressing the conservation of potable water and protection of natural groundwater recharge areas and policies addressing implementation activities for the protection of water quality by restricting activities known to affect adversely sources of potable water. * * * 95. Based on the ultimate findings of fact contained in Paragraph 387, the plan is consistent with criteria of objectives to ensure the protection of waterwells . . .. The only pertinent thing RU-5 did with respect to potable waterwells was to amend Public Facilities Policy 3.1.1 to indicate that, whereas the 1989 plan stated that County was "initiating efforts to prepare and implement a wellhead protection program by 1990," by the time of RU-5, the plans were to "continu[e] efforts to immediately implement a wellhead protection program." The delay in implementation of the program was predicated on County staff's advice: The extension of the deadline . . . allows for the need to establish base line data and because of the extensive requirements for monitoring such a program. . . . In the face of this explanation, the intervenors did not prove that the extension of the deadline was not supported by the best available data and appropriate analysis. RU-5 also added Public Facilities Policy 3.1.2 Sarasota County will continue working in close cooperation with the Southwest Florida Water Management District and other professional regulatory agencies to develop and evaluate the feasibility of adopting a model wellhead protection ordinance for major public supply wells and well fields shown on the Future Land Use Map Series. This effort may include requests to the SWFWMD for cooperative funding or technical assistance to conduct an inventory and assessment of existing and potential public supply wells areas and conditions. and Public Facilities Policy 3.1.3 For existing and proposed public supply wells shown on the Future Land Use Map or Map Series, a zone of protection shall be delineated within which land use will be regulated to protect public water supply resources, consistent with the wellhead protection program. Where cones of influence have been delineated, the zone of protection shall be consistent therewith. Where cones of influence have not been determined, Sarasota County shall use its best available data to consider delineating interim protection zones of between 200 feet to 400 feet in radius, depending on variables including, but not limited to, soil characteristics and surrounding uses. When DCA found fault with the absence of an explicit time frame for implementation of the wellhead protection program in Public Facilities Policy 3.1.2, the County admitted, for purposes of effectuating a settlement, that Public Facilities Policy 3.1.2 was not in compliance for the reasons set forth in the settlement Stipulation between the Department and the County. The settlement Stipulation amends the first sentence of Public Facilities Policies 3.1.2 as follows: Sarasota County will continue working in close cooperation with the Southwest Flroida Water Management District and other professional regulatory agencies to develop a model wellhead protection ordinance, culminating in Sarasota County adopting a wellhead protection ordinance during fiscal year 1992 for major public supply wells and well fields shown on the Future Land Use Map Series. The Department agrees that this amendment would bring RU-5 into compliance. The balance of the intervenors' criticism of the potable waterwell protection amendments in RU-5 are foreclosed by the Hiss Final Order, as recited above. Wetlands Mitigation.-- In part, the Recommended Order adopted in the Hiss Final Order found: 266. The mitigation requirement applicable to Marshes, Sloughs, or Wet Prairies addresses the habitat function of these wetlands. However, this requirement does not address the critical drainage function of those wetlands altered because "no other reasonable alternative exists." The drainage function is especially pertinent to Marshes and Sloughs, which are contiguous wetlands. Additional findings concerning the treatment of wetlands are at Paragraph 315 below. [Fn. 17 omitted.] * * * 315. Ignoring alterations to wetlands causing the loss of drainage functions, the mitigation requirement fails even to ensure the protection of the habitat function of wetlands, whose loss triggers the obligation to mitigate. The mitigation provision leaves to the developer the task of monitoring the success of the artificial wetlands created to replace converted wetlands. Assuming that developer monitoring may suffice with County supervision, the plan supplies no standards by which to evaluate a mitigation project or sanctions by which to enforce a mitigation agreement. These short- comings undermine the protection afforded Swamps, Marshes, and Wet Prairies. Testimony established that many wetland-mitigation projects fail, largely due to the absence of performance standards and failure to monitor. The Hiss Final Order contains no conclusions of law regarding wetlands mitigation. However, for reasons not readily apparent from the Final Order, the Remedial Action 13 does address wetland mitigation by requiring the County to "amend the Freshwater Wetlands section 'Principles for Development Proposals in Native Habitats.'" In most respects, RU-5 follows the specified remedial action. In those respects, the intervenors are foreclosed from challenging RU-5's amendment to the "Principles for Evaluating Development Proposals in Native Habitats." In some respects, there are difference between the specified remedial action and RU-5. The Remedial Action in the Hiss Final Order requires that the "Principles for Development Proposals in Native Habitats," Section VI.A.2.e., be amended to read: All alterations in wetlands which result in a loss of wetlands shall be mitigated on at least a two-to-one basis for wooded wetlands. Mitigated wetlands shall restore the type, nature and function of the altered wetland. A wetland mitigation, maintenance, and monitoring plan based on best available technology shall be submitted for review and approval by the County prior to or concurrent with the preliminary plan or site and development plan development review process. The success of mitgation shall be monitored by the applicant or his designees and shall also be subject to monitoring and enforcement by the County. Except as otherwise authorized herein, wetlands shall not be filled, drained, dredged, or converted to lakes or borrow pits. Instead, RU-5 amends the "Principles for Evaluating Development Proposals in Native Habitats," Section VI.A.2.e., to read: All alterations in wetlands which result in a loss of habitat, shall be mitigated in accordance with performance standards adopted by the Board of County Commissioners. These performance standards shall ensure that the recreated wetlands provide values and functions equal to or, particularly in the case of an impacted or degraded wetland, greater than those of the wetland qualifying for alteration. Reasonable assurance shall be provided such that the recreated wetland will exhibit the defined environmental function, nature, and, where hydrologically feasible, similar type of the altered wetland. Mitigation ratios shall be as follows: One-to-one for herbaceous wetlands and two-to-one for wooded wetlands, in accordance with Level I performance standards; or Two-to-one for herbaceous wetlands and four-to-one for wooded wetlands in accordance with Level II performance standards. General Requirements for Level I and Level II Performance Standards: For all projects, a wetland mitigation, maintenance, and monitoring plan based on best available technology shall be submitted for review and approval by the County prior to or concurrent with the preliminary plan or site and development plan development review process. All federally listed threatened and endangered plant species shall be preserved, protected or relocated pursuant to a transplantation program to be implemented prior to construction authorization. The success of mitgation shall be monitored by the Applicant or his designees and shall also be subject to monitoring and enforcement by the County. Except as otherwise authorized herein, wetlands shall not be filled, drained, dredged, or converted to lakes or borrow pits. Specific performance standards shall be contained in the County's Land Development Regulations (Ord. 81-12, as amended). Criteria for Level I Performance Standards: Level I standards shall include the following: the diversity of plants in the wetlands to be impacted shall be approximated in the recreated wetland; the habitat value of the recreated wetland shall approximate or exceed that of the wetland to be impacted; similar substrate shall be provided in the recreated wetland; success criteria (e.g., plant survival, animal diversity, hydroperiods) shall be established based on the best availabale technology, and shall be met before monitoring can be completed; and a hydroperiod maintenance plan, acceptable to the County, shall be prepared. Mitigation at ratios as described in (1), above, and based on success criteria for Level I performance standards may be provided prior to the alteration of any wetland qualifying for alteration. Mitigation with Level I performance standards may be provided in a defined area that is part of an environmental system or corridor that can enhance wildlife values and functions. Off-site wetland mitigation shall be allowed only where on-site mitigation or preservation is not feasible, as determined by the County. Criteria for Level II Performance Standards: Level II standards shall include the following: recreated wetlands shall be planted with at least three different native species at specific distances between plants; mulching may be used in lieu of planting; a hydroperiod maintenance plan, acceptable to the County, shall be prepared; and monitoring of success shall be required for at least three years. The County has admitted, for purposes of effectuating a settlement, that Section VI.A.2.e. of the "Principles for Evaluating Development Proposals in Native Habitats" is not in compliance for the reasons set forth in the settlement Stipulation between the Department and the County. Under the settlement Stipulation, the County has agreed to revise Section VI.A.2.e. to specify that the "federally listed threatened and endangered plant species" to be preserved includes "those species that are listed or are C1 candidates for listing by the U.S. Fish and Wildlife Service; listed as threatened or endangered by the Florida Department of Agriculture and [C]onsumer [S]ervices pursuant to the Preservation of Native Flora Act, Section 581.185, Floirida Statutes; and listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora." There is no basis in the record for the intervenors contentions that RU-5, as amended by settlement Stipulation between the DCA and the County, is contrary to the required Remedial Action or inconsistent with the Growth Management Act. 9/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Administration Commission enter a final order that: (1) Sarasota County's RU-5 amendments to its comprehensive plan are not in compliance, but only for the reasons set out in the settlement Stipulation between the County and the DCA; (2) that the RU-5 amendments are otherwise in compliance; and (3) that the County be required to take the remedial action agreed to in the settlement Stipulation. RECOMMENDED this 31 day of August, 1992, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31 day of August, 1992.
The Issue The issue in these cases is whether the Collier County (County) Comprehensive Plan amendments adopted through Collier County Ordinance Number 02-32 ("the Rural Fringe Amendments" or "the Amendments") on June 19, 2002, are "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes.
Findings Of Fact Background The Amendments at issue in these cases arose from a specific historical background which is relevant to help put them in context. In 1997, the County adopted Evaluation and Appraisal Report-based plan amendments ("EAR-based amendments"). DCA found the EAR-based amendments not to be "in compliance." Following an administrative hearing in which FWF and Audubon intervened, the Administration Commission entered a final order agreeing with DCA's determination. Joint Exhibit J.3. The Administration Commission’s final order, entered on June 22, 1999, directed the County to take the following steps in order to bring its comprehensive plan amendments into compliance: (1) rescind those EAR-based amendments found not in compliance; (2) adopt certain specific "remedial" amendments; (3) initiate an assessment of the area of the County designated on the Future Land Use Map ("FLUM") as Agricultural/Rural; (4) adopt interim amendments to remain in force during the course of the assessment; and (5) no later than June 22, 2002, adopt those plan amendments needed to implement the findings and results of the assessment. Summary of Rural Fringe Amendments In response to the Administration Commission's final order on the EAR-based amendments, the County elected to divide its Agricultural/Rural-designated area into two subdistricts-- Rural Fringe and Eastern Lands--for purposes of the assessment and implementing plan amendments. The Rural Fringe subdistrict was designated as "the Rural Fringe Mixed Used District" (or "the Rural Fringe"). The Rural Fringe is described in the amendments as follows: The Rural Fringe Mixed Use District is identified on the Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi-rural, rapidly developing, large-lot North Golden Gate Estates platted lands. * * * The Rural Fringe Mixed Used District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. J.4 at 50. Under the Amendments, the Rural Fringe was divided into areas designated as Sending, Receiving, or Neutral on the FLUM.18 J.5. Some Sending Areas are also designated Natural Resource Protection Areas (NRPAs). Receiving Lands "are those lands within the Rural Fringe Mixed Use District that have been identified as most appropriate for development . . . ." J.4. at 51. These lands have been chosen because they "have a lesser degree of environmental or listed species habitat value than areas designated as Sending and generally have been disturbed through development, or previous or existing agricultural operations." Id. Approximately 25,000 acres are designated Receiving Lands. Receiving Lands "are also located to allow for the provision of central water and sewer and have excellent access to the County's arterial road network." J.11. at 2. The base density within Receiving Lands is one dwelling unit per five acres. However, through the purchase of development rights from Sending Lands through the Transfer of Development Rights (TDR) program established by the Amendments (discussed in Findings 72-91, infra), Receiving Lands may increase density up to one dwelling unit per acre. Additional density may be obtained if a development preserves more than the minimum required amount of native vegetation. Limited commercial, industrial, and earth-mining uses are also allowed in Receiving Lands. Receiving Lands may also be developed as "Rural Villages." The Amendments provide for the possibility of one rural village within each of the four distinct Receiving Areas in the Rural Fringe. The purpose of rural villages is described as follows: Rural Villages may be approved within the boundaries of the Rural Fringe Mixed Use District in order to: maximize the preservation of natural areas and wildlife habitat within the Rural Fringe Mixed Use District; to reduce the need for residents of the District and surrounding lands to travel to the County's Urban area for work, recreation, shopping, and education; and, to enhance the provision of limited urban and rural levels of service through economies of scale. J.4 at 62. The rural villages permitted in the Rural Fringe must consist of compact neighborhoods with nearby neighborhood or village centers. The neighborhood or village centers are to include retail and office uses; public parks, squares, or greens; civic and government uses; and service facilities. J.4 at 63. Specific provision also is made for open space in and surrounding the rural village. J.4 at 63-64. In addition to the one-village-per-district limitation, the amendments impose the following additional locational criteria on a rural village: (1) it must be at least three miles from any other rural village; (2) it must have direct access to an arterial or collector road, or the developer must bear the cost of a new collector road directly accessing the village; and (3) it must be near already- existing or planned public infrastructure, such as water and sewer facilities. J.4 at 63. In addition, a rural village may only be approved if shown to be fiscally neutral to taxpayers outside the village. J.4 at 65. Neutral Lands "have been identified for limited semi-rural residential development" at a maximum density of one dwelling unit per five acres. J.4. at 55. Limited commercial, industrial, and earth-mining uses are also allowed in Neutral Lands. Approximately 7,000 acres have been designated as Neutral Lands. Sending Lands are those lands "that have the highest degree of environmental value" and "are the principal target for preservation and conservation." J.4. at 58. The residential use of this land is restricted to one dwelling unit per parcel which existed before June 22, 1999, or one unit per 40 acres, whichever yields the greatest density. Nonresidential uses of Sending Land, other than agriculture, are quite limited. There also are specific criteria for the protection of site-specific native vegetation, wildlife habitat, and wetlands. J.4 at 58-62; J.6 at 24, 27, and 29-30. Some of the land designated Sending is also subject to regulation as NRPA. The purpose of a NRPA designation "is to protect endangered or potentially endangered species and to identify large connected intact and relatively unfragmented habitat, which may be important for these listed species." J.4 at 79. Designation as a NRPA also limits the intensity and density of development in an area (J.4 at 58-61) and imposes specific restrictions for the preservation of native vegetation, wildlife habitat, and wetlands (J.6 at 24, 27, and 29). The principal additional effect of NRPA designation is to increase the requirement for the retention of native vegetation. In addition to the changes to the Future Land Use Element (FLUE), the Amendments also affected the Coastal and Conservation Element (CCE), Potable Water Sub-Element, and Sanitary Sewer Sub-Element. Standing of Petitioners and Intervenors The evidence was that the Husseys and Brown own property in Collier County and submitted comments regarding the Rural Fringe Amendments between the transmittal hearing and the adoption hearing. The parties stipulated to the standing of FWF, Audubon, Vision & Faith, and Section 20 Investments. There also was evidence that FWF and Audubon submitted comments regarding the Rural Fringe Amendments at both the transmittal hearing and the adoption hearing and that, at least as of June 14, 2000, they owned property or operated a business in Collier County and had members who reside in Collier County. Century is a for-profit corporation that has its principal place of business in Collier County. Century owns 12.5 acres of land in Collier County. According to the testimony of Donald Lester, President of both Century and Waterford Management, Inc., Century is a wholly-owned subsidiary of Century Holdings, a limited partnership. Waterford is Century Holdings' general partner. Waterford, Century, and approximately 300 other entities are limited partners of Century Holdings. All of these entities and the land they own are managed by Waterford. According to Lester, the various Waterford-managed entities are involved in real estate development and have spent $42 million (over $30 million in "land basis" and $7-8 million on professional fees and expenses) acquiring land for development in Collier County, including approximately $36 million for approximately 3,500 acres in North Belle Meade (NBM) in the Rural Fringe and approximately $6 million for another approximately 2,000 acres farther east in Collier County. There was no evidence that these lands have obtained any master development approval or are otherwise vested for development. Coalition is a not-for-profit corporation having its principal place of business in Collier County. Lester is its Executive Director. There was no evidence that Coalition itself owns property or conducts any type of business activity in Collier County, other than commenting on the Rural Fringe Amendments and participating in these administrative proceedings. Coalition is comprised of approximately 2,000 members. Of these members, approximately 300 are the various entities making up the Century Holdings partnership and managed by Waterford. A total of approximately 320-350 Coalition members own property approximately 3,500 acres in NBM; there was no evidence that the other approximately 1,650 members own property or conduct business in Collier County. An unspecified number of members own approximately 2,000 acres to the east of NBM in Collier County. According to Lester, some members voluntarily donate money to the Coalition; others have "been supporting the proceedings" in some unspecified manner. Lester testified at final hearing that he commented on the Rural Fringe Amendments on behalf of both Century and Coalition during the adoption hearing. He indicated that he filled out and submitted a "speaker card" in order to give his comments and that the card indicated that he was speaking on behalf of both Coalition and Century; but the card was not placed in evidence. The only other evidence on the subject consisted of the transcript of that hearing, which records Lester's introductory statement as follows: "I represent a director of 15,000 coalition. I represent landowners that own property within the TDR area." The transcript also reflects that Robert Diffenderfer commented and stated: "I represent the 15,000 coalition and literally thousands of individuals. . . . On behalf of coalition and the individuals, I have the list here. There are 4,000 plus of them." While the list was not placed in evidence, it can be inferred from Lester's testimony that it would have included Century and the other Coalition members owning land in Collier County. Petitioners' Challenges Petitioners' challenges to the Rural Fringe Amendments were narrowed during the course of this proceeding and now are essentially: (1) whether the County's delineation of Sending and Receiving Lands, especially within the NBM portion of the Rural Fringe, is based upon and reacts appropriately to the best available data19; and (2) whether the TDR Program is based upon and reacts appropriately to the best available data, in particular as to the feasibility of its operation.20 Delineation of Sending and Receiving Lands A. Data and Analysis The process of delineating Sending and Receiving Lands in the Rural Fringe was involved and complex. The County accumulated and considered a wide range of data in the process. Among the data sources used were: (1) the South Florida Water Management District's (SFWMD's) 1994/1995 Land Use/Land Cover map; (2) Natural Resources Conservation Service ("NRCS") soils survey data; (3) soils tables prepared by Florida soils scientist, Howard Yamataki; (4) the National Wetlands Inventory; (5) true-color aerial photographs provided by the County property appraiser's office; (6) the updated FWCC's "Closing the Gaps" Report; (7) FWCC's updated wildlife and wildlife habitat data, including its Florida panther and Florida black bear telemetry data and red-cockaded woodpecker colony data, as well as its updated strategic habitat data and Strategic Habitat Conservation Area (SHCA) maps; and (8) the 1999 U.S. Fish and Wildlife Service (USFWS) Multi- Species/Ecosystem Recovery Implementation Team (MERIT) data for South Florida, in particular pertaining to the Florida panther. The County also actively solicited updated data from property owners and other members of the public. These opportunities for public input included numerous publicly- noticed meetings and hearings before the Rural Fringe Advisory Committee (52 to 53 meetings), the Environmental Advisory Committee, the Planning Commission, and the Board of County Commissioners. At all of these meetings, the public was invited to submit information to the County. On two occasions, notification was mailed to each property owner in the Rural Fringe, alerting them of the County's consideration of the amendments and inviting their input. The County posted signs on the two main roads entering the Rural Fringe, notifying the public of the on-going evaluation of the Rural Fringe and providing a contact name and telephone number for those wanting further information. The County also solicited information from the public via the County web page. Members of the public did submit information, some of which resulted in adjustments to the designations ultimately adopted. For example, the County received data from both Audubon and the Collier County School Board regarding red-cockaded woodpecker (RCW) habitat in the northeast corner of NBM. Similarly, Brown submitted information regarding some of his land holdings in NBM that was used in the ultimate delineation of boundaries between Receiving and Sending. The Husseys also submitted data that was considered. While all information submitted by the public was considered, not all resulted in a change in designation. For example, the County received information regarding jurisdictional wetland determinations on four separate properties and reviewed that information in order to determine whether there was a consistent correlation between jurisdictional determinations and the wetlands land cover information obtained from SFWMD. No consistent correlation was found. In two instances, the jurisdictional wetlands were larger than the area shown as wetlands land cover; in the other two, they were smaller. Despite ample opportunity, the only information submitted to the County by the Husseys was a limerock mining exploration contract on some of their property; Coalition and Century did not make any information available to the County between the transmittal and adoption hearings.21 In its analysis of the data, the County recognized that they were collected during different time periods, ranging from the 1980s through 2001. The soils data from NRCS, for example, was developed in the early 1990's from Landsat satellite imagery from 1985-1989, while the panther telemetry data reflected field data through the end of 2001. SFWMD's data was generated based upon false color infrared aerial photography and reflected changes in land cover through 1995.22 At the time of adoption of the Amendments on June 19, 2002, SFWMD's land use/land cover data was the most recent publicly-available depiction of land uses and land cover in the Rural Fringe.23 Petitioners take the position that the NRCS Soils Survey data was the most accurate data available because it was "ground-truthed." But the NRCS data did not depict land use cover; and it was not proven that the NRCS data accurately and reliably depicted vegetative cover.24 Petitioners also criticized the County for not "ground-truthing" the SFWMD data despite having knowledge of inaccuracies in its depiction of jurisdictional wetlands. But even if it were the County's intention to delineate Sending Lands based on the presence of jurisdictional wetlands, "ground-truthing" would have required the collection of additional data, as Petitioners' own expert conceded. See Conclusion 105, infra. The Husseys also argued in their PRO that the NRCS soils survey data should have been used instead of the SFWMD land use and cover data to delineate wetlands because it was "ground-truthed." But even if it were the County's intention to delineate Sending Lands based on the presence of jurisdictional wetlands, the NRCS data does not purport to identify jurisdictional wetlands and should not be used as a proxy for the presence of jurisdictional wetlands due to drainage activities, particularly in NBM. The Husseys had a Lower Tamiami (Aquifer) Recharge/ Discharge map and a map of the County's Wellfield Protection Zones admitted in evidence and argued in their PRO that the County failed to consider these data in delineating Sending Lands and Receiving Lands. To the contrary, the only evidence was that these maps were considered by the County's environmental specialists. Moreover, there was no evidence that these data were in any way inconsistent with the delineation of Sending and Receiving Lands in the Rural Fringe. Having accepted the SFWMD land cover data as the most accurate indicator of land cover and land uses, the County "updated" Gaps Report maps of biodiversity hotspot areas (which were based upon 1980 satellite imaging) by removing areas shown on the more current SFWMD maps to have been cleared for agriculture by 1995 or 1996. Petitioners contended that "updating" the data in this manner made resulting data and analysis inaccurate and misleading by "masking" natural resource information. But those maps were intended to depict features on parts of the Rural Fringe not mapped as agricultural land use cover on SFWMD's land use cover maps. As such, these "updates" reflected the County’s reasonable determination that, while lands cleared for agricultural use can retain natural resource value, they generally have lower environmental and habitat value than uncleared wetland and forest. No evidence suggested that this judgment was unreasonable. The County's analysis resulted in sensible planning decisions that generally afforded undeveloped wetland or forested areas a higher level of protection than land that has been disturbed through agricultural clearing. Petitioners initially seemed to contend that the County failed to take into account changes in hydrology and wetland vegetative cover in NBM as a result of drainage canals and similar alterations. As the hearing progressed, however, it became clear that from the evidence that the County was aware of the changes in hydrology and vegetative cover in NBM and took those changes into account in its planning decisions. The best data and analysis available as of June 19, 2002, showed that NBM is utilized by both the Florida black bear and the Florida panther. The data and analysis indicate that both of these species make more use of areas to the east (the Florida Panther National Wildlife Refuge and largely undeveloped portions of Northern Golden Gates Estates) and south (the (South) Belle Meade NRPA and largely undeveloped portions of Southern Golden Gates Estates). However, both panther and black bear access NBM from those areas by crossing Everglades Boulevard to the east and Interstate 75 to the south. A significant population of black bear uses NBM. FWCC lists the Florida black bear as a threatened species. Areas mapped by FWCC as strategic habitat statewide would support approximately five populations of approximately 200 individual black bears. (By comparison, FWCC ideally would like to maintain enough strategic habitat to support ten populations of 200 individuals, in part to reduce adverse impacts from natural disasters and genetic problems from inbreeding.) FWCC lists the Florida panther as an endangered species. It is one of the most endangered large mammals in the United States. Only approximately 80 to perhaps 100 panthers are thought to exist in the wild, all in south Florida. The Florida panther faces extinction unless "aggressive action" is taken for its protection. Panthers require large areas of habitat to survive in the wild. Depending on habitat quality, individual males require a home range of 100-150, 200-250, or even as much as 400 square miles; females have a smaller home range of approximately 50-70 square miles. Notwithstanding its general goal of maintaining ten populations of 200 individuals, FWCC's realistic goal for the Florida panther is to maintain current panther habitat and population. The (South) Belle Meade NRPA is considered Priority 1 Panther Habitat by FWCC. Other Priority 1 and Priority 2 Panther Habitat exists farther to the southeast and east. While NBM is not as good for panther habitat, radio telemetry data show that panthers also use NBM. Telemetry data show that panther use of NBM has increased in the last ten years. This could be due in part to the introduction of a female Texas cougar as part of FWCC's breeding program. NBM is currently within the home range of at least one male Florida panther and the introduced female Texas cougar. (Other use is possible, as only about a third of the animals in the population are collared for telemetry.) The female denned and gave birth to three kittens in NBM in 1998. It is possible that panthers frequented NBM in the late 1990's in part because a ranch lessee on Brown property in Section 21 was operating a deer-feeding station there. Panther telemetry data seem to have decreased after Brown required his lessee to cease those operations. However, while panther may have returned to those feeding stations because of the deer being attracted, they first had to have been in the area to become aware of the deer being attracted. This indicates some panther use of NBM prior to establishment of the feeding station. FWCC and United States Fish and Wildlife Service data also indicated to the County that red-cockaded woodpecker (RCW) colonies existed in the old-growth forest areas that remain in the western part of NBM, nesting in cavities in these trees. There also were data that FWCC considered these lands to be RCW strategic habitat. To nest, RCWs need old-growth cavity trees in an area not overgrown with new growth. While there were data that drainage of land in NBM in the RCW strategic habitat area has resulted in invasion of melaleuca (a nuisance exotic species), RCW can continue to use the habitat and forage in and around the melaleuca unless the melaleuca blocks off the cavity tree. There were no data that RCW no longer use NBM due to melaleuca infestation. Much of the now-urbanized areas of Collier County once provided RCW habitat, but development has impaired the value of that land for RCW nesting and foraging. As with panther habitat, traditional RCW habitat has diminished under the current regulatory scheme, and additional protection is needed. The non-NRPA Sending Land in the western part of NBM is the last remaining viable RCW habitat that is not already in conservation status. In gathering and using data in the development of the Rural Fringe Amendments, the County was supported by various state agencies that informally reviewed and commented on the amendments. These agencies supported Collier's approach to the designation of Sending and Receiving Lands. It is found that the County used the best available data and reacted to it appropriately for planning purposes by applying professionally acceptable analysis in review and application of that data. Sending and Receiving Delineations in General Petitioners were most critical of the County's alleged exclusive use of the SFWMD vegetative and land use cover maps to delineate Sending Lands based on the presence of jurisdictional wetlands. But the evidence was clear that the County had no intention of designating Sending Lands solely on the basis of the presence of wetlands. See J.15 at 4 (identifying percentages of wetlands in each category, and showing that the County recognized there were wetlands in Receiving Lands and non-wetlands in Sending Lands). Petitioners' characterization of the County's effort was a gross oversimplification. It also was clear from the evidence that the County did not restrict its data and analysis to the SFWMD maps. Petitioners contended that the County ignored the actual boundary of natural features, such as wetlands, in delineating the boundaries of Sending and Receiving Lands. Instead, for planning purposes, the County attempted to delineate reasonably large, contiguous areas as Sending and Receiving Lands, rather than creating a "Swiss cheese pattern" of intermixed Sending and Receiving Lands, designating isolated pockets of Sending within a large Receiving Area, and vice versa. This made sense from a planning perspective, for a number of reasons, including: (1) it permitted concentration of infrastructure, reducing infrastructure costs; (2) it allowed greater opportunity for the protection of environmentally sensitive lands; (3) large, contiguous areas of habitat are necessary to support a viable population for some of the endangered species present in Collier County-- Florida panther, in particular; and (4) it prevented urban sprawl (in part because sufficient acreage must be available in order for higher density development feasible.) In some instances, the County chose to delineate the boundary between Sending and Receiving Lands with a straight, easily-defined line, rather than using the edge of some feature such as vegetative cover. This also made sense from a planning perspective. A straight boundary, such as a section line, is easier to administer and more easily communicated to the public than a natural feature like vegetation, which would require a survey and is often characterized by a gradual change, rather than the sharp demarcation necessary for a boundary. The County recognized that, as a result of the combined effect of its planning approach, Sending Lands would include some areas neither particularly environmentally sensitive nor--apart from the land surrounding it--valuable habitat. Conversely, some relatively environmentally- sensitive lands would fall within a Receiving Land designation; however, it also recognized that these lands would remain subject to site-specific criteria imposed both by the County's Comprehensive Plan (e.g., amended CCE Policy 6.1.2 criteria for preservation of native vegetation and amended CCE Policy 6.2.3 criteria for protection of wetlands25) and by state and federal regulatory programs. It was not shown that these planning decisions lacked merit; at the very least, their merit is fairly debatable. NBM Delineations Distilled to its essence, the testimony of the natural resource experts called by Petitioners argued that the natural resource data and analysis available at the time of adoption did not justify distinguishing Sending, Receiving, and Neutral Lands in NBM. In other words, their position was that measures for protection of practically the entire NBM would be an appropriate response to the data and analysis on wetland and forest cover and habitat value for Florida panther, Florida black bear habitat, and RCW. But it also is at least fairly debatable that the County's inclusion of Receiving and Neutral Lands in NBM was an appropriate response to the totality of the data and analysis. The Rural Fringe Amendments themselves include the County's rationale for the North Belle Meade (NBM) Receiving designations. The Receiving Areas are generally located in the northern portion of NBM [North Belle Meade] Overlay and are generally contiguous to Golden Gate Estates. Two sections are directly to the south of the APAC Earth Mining Operation. The Receiving Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are located Sections 21, 28 and the west 1/4 of Sections 22 and 27, which have been largely assembled under one property ownership. These lands are located south of the existing APAC earth mining operation and have been largely impacted by agricultural operations. The location of Sections 21 and 28 is just to the south and west of Wilson Boulevard located in the southern portion of north Golden Gate Estates. Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21, 28 and the western halves of Sections 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. J.4 at 76-77. Section 20 (just west of Section 21) also was designated as Receiving. The southwestern corner of NBM, consisting of Sections 26 (Range 2626), 29, 30, 31, and 32, and the eastern half of Section 36 (Range 26) was designated as non-NRPA Sending, along with the southern halves of Sections 13 and 14 in the northeast corner. The southeastern corner (consisting of the eastern 3/4 of Sections 22 and 27, along with Sections 23, 24, 25, 26, 34, 35, and 36) was designated as NRPA Sending. The northwest corner (Section 24, Range 26) was designated Neutral, as was the northern halves of Sections 13 and 14 in the northeast corner. The 15,552 acres in NBM are surrounded on the south by the South Belle Meade (SBM) NRPA across Interstate 75; on the east by largely undeveloped portions of Northern Golden Gate Estates (NGGE); on the north by a more developed portion of NGGE; and on the west by Urban Fringe future land use, which is sandwiched between NBM and more densely developed urban land use to the west. NGGE is the fastest-growing area of the County. It is part of a proposed sprawling, essentially single-use residential development. To date most actual development in NGGE has occurred in the western part of it, closer to more urban uses, and along Golden Gate Boulevard, which is the main east-west road in NGGE. Because the western part of NBM does not extend as far north as the eastern part, it is farther away from Golden Gate Boulevard and its development than the eastern part of NBM. In NBM, the SFWMD data showed practically all wetland cover with some upland forest interspersed in the six sections making up the southeast corner of NBM, as well as the next section to the southwest (Section 34). The section of land immediately to the north of Section 34 (Section 27) showed up as wetland cover over approximately the eastern half and agricultural use over approximately the western half of the section. The section north of 27 (Section 22) showed up as mostly wetland cover with some agricultural use in the northwest corner and some forested upland in the northeast corner. To the north of Section 22 was a section (number 15) with a mix of urban use, agriculture, wetland, and forested upland cover. Proceeding to the east, Section 14 showed up as mostly forested upland, and Section 13 in the northeast corner with mostly wetland cover with some agriculture. The opposite (far western) side of NBM was shown to have approximately eight sections of land with predominately forest land use cover, interspersed with some wetland and agricultural use. Down the center of NBM are four sections shown by the SFWMD data to have, from north to south: (1) predominately, earth mines and mine pit lakes (Section 16); (2) predominately agriculture (Section 21); (3) a mix of agricultural, forested upland, and wetland cover (Section 28); and (4) approximately half forested (the southwest half) and half wetland cover (the northeast half) (Section 33). Of importance for planning purpose, Wilson Boulevard intersects Golden Gate Boulevard and extends south to the edge of NBM at a point approximately 500 feet west of the northeast corner of Section 16. There are plans to extend Wilson Boulevard south into NBM 500 feet west of the eastern boundaries of Sections 16, 21, 28, and 33. Co-location of infrastructure within the right-of-way of the Wilson Boulevard extension would make sense from a planning standpoint. Allowing development to proceed elsewhere in NBM would exacerbate urban sprawl. It also would be possible to locate rural village North Belle Meade near the proposed Wilson Boulevard extension so that public infrastructure could be provided to both the rural village and the existing residents of NGGE. While Section 20 includes both cleared and uncleared areas, it abuts NGGE on the north and west and other Receiving Land on the east. For that reason, the County considered it to be appropriate for future development. Section 28 also includes a "mixed bag" of habitat features and agriculture. However, the remaining forested areas are less valuable as habitat because they are surrounded by agriculture. In addition, prior to the date of adoption, an application had been filed to allow mining in Sections 20 and 28, as well as in Sections 21 and 27. The permit authorizing this mining was issued in December 2002. Once land is disturbed by mining, it loses its value as panther habitat. Taking all of these factors into consideration, the County judged Section 28 to be more appropriately designated as Receiving. The designation of the western quarters of Sections 22 and 27 as Receiving resulted both from the mixture of disturbed and undisturbed property in those areas and from their location in relation to the planned extension of Wilson Boulevard. This proximity to a planned, future transportation corridor was an important factor in identifying areas appropriate for development. Initially, all of the western part of NBM was to be designated as non-NRPA Sending Lands because of the RCW data. But the County School Board and Audubon furnished additional data pertaining to the extreme northwest section (Section 24, Range 26), which resulted in the ultimate designation of the land as Neutral. Even apart from any environmental or habitat distinctions, there are other valid land use planning reasons for the County's Receiving designations. The proximity of the NBM Receiving Lands to the most populous portion of NGGE makes them appropriate for future, mixed-use development. (In contrast, the part of NGGE near the NBM NRPA is not as densely developed and is not growing as fast as the part immediately north of the NBM Receiving Area.) Since NGGE is a large, single-use residential development, residents are currently required to travel great distances for commercial and other services. By encouraging more compact, mixed-use development in the part of NBM immediately adjacent to the most populous part of NGGE, the County hopes to address this dearth of ancillary, commercial, and institutional uses for the present residents of NGGE, as well as the future residents of NBM. In addition, the NBM Receiving Area is located so as to facilitate an extension of sewer and water service along Golden Gate Boulevard and, from there, into NBM. Recognizing that, with updated data, some of these delineations may need adjustment, the County made specific provision in the amendments for owners of Sending and Neutral Lands to submit additional data in support of a change in designation. J.4 at 61. In summary, it is found that the County's delineations of Sending and Receiving Lands in the Rural Fringe, and in NBM in particular, were based on data and analysis--i.e., they reacted appropriately to the extensive data available to the County on the date of adoption--and accomplish the County's objectives, including protection of environmentally sensitive land and habitat, control of urban sprawl, and successful implementation of the TDR program, which required maintenance of an adequate ratio between Sending and Receiving Lands. See Findings 72-91, infra. At the very least, the delineations are fairly debatable; and the contentions of Coalition, Century, and the Husseys to the contrary are rejected. TDR Program The County recognized that the additional restrictions on much of the property within areas designated as Sending may have an effect on property values. As a consequence, the County included a transfer of development rights ("TDR") program in the Rural Fringe Amendments. The Amendments describe the purpose of the TDR program as follows: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetlands systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District and within designated areas of the Agricultural/Rural Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving on the Future Land Use Map, subject to [certain expressly delineated criteria] . . . . J.4 at 50-51. The County's TDR program is an innovative land planning technique that is intended to enhance the protection of environmentally sensitive areas, provide for cost-efficient delivery of public facilities and services, and prevent urban sprawl. J.4 at 50. It is designed to give property owners an incentive to protect their property from development while receiving a return in value through the sale of development rights. In so doing, it also serves as a land management technique to direct development from areas where it is not desired, while preserving the value of that area. TDR programs balance the protection of areas incompatible with development with the preservation of private property rights. They are also recognized as a development tool for overcoming urban sprawl. Through the TDR Program, the owners of Receiving- designated property may increase the allowable residential density on their property by purchasing or otherwise obtaining development credits transferred from property designated as Sending. Forty acres of property in Sending--while assigned an allowable density of only one residential unit--is worth eight development credits (one credit for each five acres). J.4 at 58. The specifics of the TDR program, including the process for the "sale" of development rights and the tracking of these transactions, are to be established by the County in its Land Development Regulations (LDRs) within one year. The specific dollar value of a TDR credit will ultimately be decided by the marketplace. Based on a study of land sales in Collier County, the County's expert, Dr. James Nicholas, concluded that a single credit would probably be worth approximately $18,500. Dr. Henry Fishkind, the expert called by Coalition and Century, agreed that this figure is supported by sales data in the area. For example, a property owner with 40 acres in a Sending area could build one residence on that property, or he could sell eight TDR credits to someone who plans to develop a more compact development in a Receiving Area. J.4 at 58-59. If the Sending Land owner elects the latter, he retains ownership of his property and may still utilize it for certain specifically identified purposes, including agriculture, passive parks, passive recreational uses, certain essential services, and oil extraction. J.4 at 60-61. A property owner with 40 acres in a Receiving area could build eight residences on that property without purchasing any development credits, or he could purchase 32 TDR credits and build 40 residences. Once he has obtained enough TDR credits to achieve this one-to-one density, he could further increase his residential density slightly by preserving more than the minimum required native vegetation on site. J.4 at 51. Dr. Nicholas warned that an excess supply of TDR credits, relative to the amount of Receiving Land available to receive those credits, would undermine the success of the TDR program. The ratio of Receiving Land to Sending Land is critical. Dr. Nicholas prefers a ratio of at least two acres of Receiving Land to each acre of Sending. This ratio is not achieved within the Rural Fringe. Rather, the ratio is approximately 1:1 (25,729 acres of Receiving to 23,720 acres of Sending). See J.15 at 4 (which lists the acreages within each category). Taking into consideration Sending Lands that are already developed, Dr. Nicholas testified that approximately 4,100 TDR credits would be generated from the Sending Lands. Approximately 6,100 credits could be absorbed in the Receiving areas, where densities of up to one unit per acre--an increase of four additional units--can be achieved through a purchase of TDR credits. J.4 at 51. In order to bolster the demand for TDR credits, the Rural Fringe Amendments include a number of other additional markets for credits. First, the amendments provide for a limited transfer of TDR credits outside of the Rural Fringe for two purposes: (1) in-fill in the Urban Area on parcels of 20 acres or less; and (2) transfer from areas within one mile of the Urban boundary into lands designated Urban Residential Fringe. J.4 at 34-35. These two options will create a market for approximately 1,000 additional TDR credits (250 as urban in-fill and 750 in the urban fringe.) In addition, the Amendments provide a market for TDR credits for the development of rural villages. See Findings 11-13, supra, for description of rural villages. Rural villages must be at least 300 acres in size, up to a maximum of 1,500 acres, with the exception that a rural village located south of the (South) Belle Meade NRPA, which is south of Interstate 75, may be as large as 2,500 acres. The minimum and maximum gross densities for a rural village outside NBM are two units per acre and three units per acre, respectively. J.4 at 63. Thus, a rural village outside NBM must include at least 600 residential units, but could have as many as 4,500 or 7,500, depending upon its location. For each TDR credit purchased for the development of a rural village, the purchaser receives one bonus, up to the minimum required density, and the minimum density can only be achieved through the combination of base density, TDR credits, and TDR bonuses. J.4 at 64. Additional density--up to the maximum of three units per acre--can be achieved through the purchase of more TDR credits, through the preservation of more native vegetation on site than the minimum required, and/or through the inclusion of affordable housing. J.4 at 64. Consequently, for a rural village of 1,500 acres outside NBM, the developer would need to build at least 3,000 dwellings (2 units per acre). Assuming that the rural village is surrounded by a 800-acre greenbelt,27 it would start with a base density of 460 units28 and would need to purchase 1,270 TDR credits in order to achieve his minimum density of two units per acre. The provisions applicable to the one rural village permitted in NBM differ slightly. There, the minimum gross density is 1.5 units per acre, of which at least 0.5 units per acre must be obtained through the purchase of TDRs. J.4 at Assuming the same 1,500-acre development with an 800-acre greenbelt as described above, the developer would need to acquire 1,790 units more than would be available through the combined base densities of the village itself and the greenbelt in order to achieve minimum density.29 Of these additional units, 750 would have to be obtained through the purchase of TDR credits. Recognizing that there will probably be no more than two or three rural villages developed, Dr. Nicholas estimated that rural villages will absorb between 4,000 and 7,500 TDR credits, with the greater probability that the absorption rate will be closer to the lower number. Thus, in combination with the other markets for TDR credits created by the amendments, Dr. Nicholas estimated that there will be a demand for approximately 11,100 credits, resulting in a more acceptable ratio of just under three units of demand to one unit of supply. In their PRO, the Husseys attempted to raise the specter that the Amendments create too large a market for TDR credits so as to trigger Dr. Nicholas' concerns that, in that situation, potential transfers would be frustrated because TDR prices would rise to levels making their use infeasible for potential users, including developers of rural villages. But the Husseys based their concerns on maximum potential absorption of TDR credits, raising the supposed ratio of TDR buyers to sellers to 7-to-1 (or even 8-to-1 by disregarding the Urban Fringe one-mile limitation described in Finding 82, supra). The greater weight of the evidence was that the realistic market for TDR credits will be much smaller than the maximum potential absorption rates. Taking the realistic market into account, the probable actual absorption ratio is not much more than 2-to-1, which is ideal according to Dr. Nicholas. It also should be noted that the Husseys' arguments run counter to the testimony of their own expert on the subject. Dr. Fishkind agreed with Dr. Nicholas that there will be a functioning market for TDR credits generated from the Sending Areas, that the County’s TDR program is economically feasible, and that the County has the capacity to administer it. In addition, the Amendments include specific provisions requiring the County to establish a process for evaluating the TDR program. J.4 at 62. The purpose of such monitoring will be to assess whether revisions, such as the addition of either more Sending or Receiving Land or a change in the value of TDR credits, are necessary to ensure the success of the program. In concept, the success of the TDR program in achieving the objectives of directing development away from some areas and toward others, while preserving value in the former, is at least fairly debatable. The program's actual success in achieving these objectives initially hinges upon whether the County has appropriately designated Receiving and Sending Lands. If necessary, changes can be made to improve the program and increase its chances of success.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Community Affairs enter a final order finding the Collier County's Rural Fringe Amendments to be "in compliance." DONE AND ENTERED this 29th day of April, 2003, in Tallahassee, Leon County, Florida. ___________________________________ J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of April, 2003.
The Issue The issue is whether plan amendments adopted by Respondent in Ordinance No. 5-1998 are not in compliance, for the reasons set forth in the Statement of Intent that is incorporated into the Petition of the Department of Community Affairs.
Findings Of Fact The Plan and the Adoption Ordinance Petitioner challenges Respondent's redesignation of a 198-acre parcel (Parcel) from Suburban Density Residential to Industrial on the future land use map (FLUM) of Respondent's comprehensive plan. This is the Plan amendment that is the subject of the present case. Respondent's comprehensive plan consists of a document that was restated through 1990 (Petitioner Exhibit 22) and a set of plan amendments adopted on October 13, 1997 (Petitioner Exhibit 13). This recommended order will refer cumulatively to the 1990 restated plan and the 1997 plan amendments as the Plan. Two conditions govern reliance upon Petitioner Exhibits 22 and 13 as the sources of Plan provisions. First, Petitioner Exhibits 22 and 13 do not contain all of the textual Plan amendments adopted by Respondent between 1990 and 1997. For example, Text Amendment T-1 in Plant City Plan Amendment 95-1, as adopted by Ordinance 34-1994 on October 10, 1994, is missing from Petitioner Exhibit 22. It is unlikely, though, that the missing Plan provisions would have a bearing on the present case. Second, and more important, Petitioner Exhibit 13 contains proposed plan language that Respondent never adopted. Similarly, Respondent did not adopt the plan language or recommendations for the addition, deletion, or amendment of plan language contained in Petitioner Exhibits 6 and 8. Petitioner Exhibit 6 is Respondent's evaluation and appraisal report (EAR). Required by law to be prepared at stated intervals, the EAR is the document by which a local government assesses the performance of its comprehensive plan and recommends needed amendments. In this case, Petitioner objected to portions of the EAR, so Respondent adopted a revised EAR (REAR), which is Petitioner Exhibit 8. After Petitioner determined that the REAR was sufficient, subject to the conditions noted below, Respondent adopted Plan amendments by Ordinance 23-1997, as adopted October 13, 1997; these amendments are contained in Petitioner Exhibit 13, which, as already noted, is part of the Plan. However, Petitioner Exhibit 13 is a composite exhibit and contains plan language that Respondent did not adopt. It is not entirely clear from the exhibit exactly what Respondent is adopting because Ordinance 23-1997 does not contain, identify, or describe the Plan amendments, nor is a copy of the Plan amendments attached to the ordinance. As incorporated into Petitioner Exhibit 13, the adopted Plan amendments precede the ordinance. These amendments change the Public Facilities Element (PFE), Intergovernmental Coordination Element, and Capital Improvements Element (CIE), including the schedule of capital improvements, and substitute a comprehensive set of definitions for the sets of definitions that previously were contained in several of the elements. Incorporated into Petitioner Exhibit 13 between the adopted Plan amendments and the ordinance are a small number of pages concerning legal advertising and regional plan review, but these pages, which are irrelevant to the present case, were not adopted. Following the ordinance are additional pages concerning advertising and county plan review and a set of documents entitled, "Section A, Summary of Proposals for Plan Amendment Group 97-01." It is unclear to what Section A is supposed to be attached, but most likely Section A contains the proposed amendments that Respondent submitted to the Hillsborough County Planning Commission. In any event, Respondent never adopted Section A, as such. About six months later, Respondent adopted the Plan amendment that is the subject of this case. By Ordinance 5-1998, adopted April 13, 1998, Respondent adopted "amendments" to the Plan. The finding that this ordinance contains the subject Plan amendment is not entirely free of doubt because it is based on inference and implied stipulation; as is apparently Respondent's practice, the actual amendment is in no way identified in Ordinance 5-1998. The ordinance states only that a "copy of [the] amendment is filed in the office of the City Clerk . . .." Nothing in the record actually describes the contents of Ordinance 5-1998, but the parties and reviewing agencies, such as the Hillsborough County Planning Commission, have treated this ordinance as the one that adopted the redesignation of the Parcel, so the administrative law judge will too. The title of the adoption ordinance is: "AN ORDINANCE ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN FOR THE CITY OF PLANT CITY, FLORIDA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE (97-1)." This is the only reference to "97-1" in the ordinance. Respondent attached several documents to the submittal package to Petitioner. The amendment is identified as Amendment 97-2 in the minutes of the City Commission meeting at which Respondent adopted the ordinance; however, the ordinance does not mention this amendment number. The amendment is identified as Amendment 97-2, Map Amendment 1, in the resolution of the Hillsborough County City-County Planning Commission, which approved an amendment changing the designation of 198 acres on the Future Land Use Map (FLUM) from Suburban Density Residential to Industrial. The amendment is identified as proposed Amendment 98-1 in Respondent's responses to the Objections, Recommendations, and Comments of Petitioner, although the context of these responses reveals that they pertain to the redesignation of 198 acres from Suburban Density Residential to Industrial. The submittal package also includes a map that shows the area to be redesignated Industrial from Suburban Density Residential and a staff report that includes a textual and graphic analysis of the land uses surrounding the Parcel. Background The west boundary of the Parcel abuts Jim Johnson Road and a main north-south railroad line, the south boundary abuts an east-west railroad line, and the east boundary abuts Coronet Road. The Parcel is designated Suburban Density Residential, although, according to the staff report, a poor legal description leaves some doubt as to whether the westernmost part of the Parcel might already be designated Industrial. This recommended order treats the entire Parcel as Suburban Density Residential. The Parcel lies at the extreme southeast corner of Plant City. The surrounding land in Plant City is entirely Industrial. The Parcel lies at the southeast corner of one of the two largest areas designated Industrial in Plant City. Both of these areas are in the city's southern half, which is otherwise devoted to medium- and high-density residential and commercial uses. The vast portion of low-density residential, which is designated Suburban Density Residential, is in the city's northern half, which also includes some commercial, medium- and high-density residential uses. The staff report analyzes the surrounding existing land uses within this Industrial area of Plant City. On the eastern half of the north border of the Parcel is "expansive wooded fenced pasture land" with one single-family home and some stored mobile homes. On the western half of the north border and the northern half of the west border is a Food Lion distribution center on a 150-acre parcel. Immediately west, across Jim Johnson Road, is a developed industrial park. On the east border is a golf course, a power plant, and vacant, wooded land. On the south border, within Plant City, is a small area of Suburban Density Residential not proposed for redesignation. This area appears to be wooded and adjoins another wooded area that adjoins a residential area a short distance to the east. On the south border, within unincorporated Hillsborough County, of which Plant City is a part, are low- density residential uses in an area designated in the Hillsborough County plan for up to six dwelling units per acre. (All references to density shall state a ratio with the number of dwelling units followed by the number of acres; in this case, the density is 6:1). The Parcel contains fenced pasture land, one single- family residence, and a rail spur leading from the south border to the south boundary of the Food Lion distribution center. The Parcel contains three areas of wetlands totaling about 37 acres. The wetlands are at the south and west side of the Parcel, the middle of the Parcel, and the east side of the Parcel. The wetlands are contiguous and convey water to the upper part of the Howell Branch, which empties into the South Prong of the Alafia River. The Alafia River runs west through Hillsborough County and empties into Hillsborough Bay or upper Tampa Bay. The record provides no basis to infer that the railroad track running along the southern boundary of the Parcel has impounded stormwater runoff. To the contrary, the presence of culverts and elevated tracks suggest that the spur crossing the Parcel and ending at the Food Lion property does not cut off the flow of surface water. However, the record does not contain much detail as to the level to which the onsite wetlands function as natural drainage or habitat. The economic value of the Parcel would be enhanced if its designation were Industrial rather than Suburban Density Residential. However, the record does not permit the inference that development would take place sooner in the event of such a redesignation. Jim Johnson Road is scheduled to be expanded to four lanes from a point to the north down to nearly the south end of the Food Lion parcel. At this point, Jim Johnson Road, which continues farther south as a two-lane road, intersects the eastern terminus of the four-lane extension of Alexander Street. The Parcel is not presently served by central wastewater, but, by 2000, such service should be extended to within one-half mile of the Parcel. The nearest lift station operated at only nine percent of capacity in 1988. The unadopted text accompanying the Plan states that Plant City, which is about 20 miles east of Tampa and 10 miles west of Lakeland, has experienced "steady industrial growth over the past years with almost total utilization of its industrial park . . .." Plan, Future Land Use Element, p. 20. The central business district of Plant City is at the intersection of State Road 39 and U.S. Route 92. When this central business district began to form over 100 years ago, it occupied the intersection of important rail lines traveling north-south and east-west--the two lines that continue to operate in the vicinity of the Parcel. Decades later, the interstate highway system added to Plant City's industrial development. Interstate 4, which runs east-west, passes just north of the central business district. Interstate 75, which runs north-south, is a little over 10 miles west of Plant City. In the 1970s, Respondent annexed the land in the southwest part of the city for the mixed-use planned residential development known as Walden Lake. In the same decade, Respondent annexed the land in the western part of the city for industrial uses in the vicinity of the city airport. Ensuing industrial development in the Walden Woods Business Center, of which the Parcel is a part, has resulted in the location of a distributor of bottled detergents on a two-acre parcel, a boxmaker on a 20-acre parcel, and an automated operation to upgrade used cars on another 20-acre parcel. In the 1980s, as the western industrial lands developed, Respondent facilitated the industrial development of land in the eastern part of the city. Recent industrial development has shifted toward the east, absorbing land between Plant City and Lakeland. The unadopted text in the Plan predicts strong industrial growth in the future: Recent events have indicated that Plant City will have a significant expansion in its industrial base through the location of major industrial employers to the east of the city providing jobs and revenue to Plant City. This will, of course, have an effect upon the facilities of Plant City in maintaining current levels of service and the concurrent provision of facilities with the impacts of development as the City's currently adopted plan requires. Due to the impact that industrial developments have upon adjacent land uses, including residential areas, the City will require all future industrial developments to be planned development. Plant City is expected to maintain a suburban, commuter and local job market through the planning period. Job growth in the reserve area will create more nearby employment opportunities for the city's residents with the workforce travelling shorter distances to employment centers in the immediate area. Plan, Future Land Use Element, p. 20. The testimony at the hearing established that Plant City occupies the I-4 technology corridor. Aided by the efforts of the University of South Florida, in Tampa, and the University of Central Florida, in Orlando, this corridor is designed to attract high-tech manufacturing. Plant City and Lakeland are important segments of this corridor because they have sufficient utilities to serve such manufacturers. Persons involved in the marketing and developing of industrial land contend that, from a marketing standpoint, there is a shortage of affordable, usable industrial land in Hillsborough County. Land in Tampa is expensive, and relatively little land exists in unincorporated Hillsborough County. One broker/developer estimated that there has not been so little land of this type in this area since the early 1980s--a situation exacerbated by the conversion of some industrial office parks to office and residential uses. Respondent has enjoyed favorable newspaper publicity concerning its industrial growth. In its Responses to Petitioner's Objections, Recommendations, and Comments, dated March 23, 1998 (ORC Response), Respondent's staff summarized numerous newspaper articles noting the number of high-paying jobs attracted to Plant City by its proximity to Interstates 4 and 75, the Tampa port and railroad lines, 75 percent of all food- distribution sites in Florida, a new technical-education center, major universities in Tampa and Orlando, and Respondent's pro- industrial policies, including reduced fees on new construction to pay for infrastructure. ORC Response (part of Petitioner Exhibit 4), pp. 9-12. The unadopted text in the Plan analyzes the relationship of allocations to future needs by residential and nonresidential categories. As of 1990, the projected population for Plant City for 2010 was 27,700, and the residential designations on the FLUM accommodated a buildout population of 29,921. For nonresidential calculations, Respondent determined the potential employment-generating capacity of Respondent's available Commercial and Industrial land by considering square feet per acre, vacancy rates, and employees per square foot. Respondent concluded that the Commercial and Industrial future land use designations could accommodate an additional 36,694 employees to its employment base by 2010. Referring to the employment capacity stated in the preceding paragraph, the unadopted text concludes: This capacity is significantly greater than the estimated employment growth potential for the city and could potentially contribute to a dramatic change in the city's future socio- economic profile. Plan, Future Land Use Element, p. 32. As Petitioner considered the subject FLUM amendment, it became readily apparent that Petitioner and Respondent differed as to the extent of analysis required to support the conversion of 198 acres of Suburban Density Residential to Industrial. In its REAR, Respondent updated its acreage allocations by future land use category, showing 1989 and 1995 acreages. From 1989 to 1995, Suburban Density Residential increased from 1215 acres, or 9.8 percent of the City, to 2272, or 15.7 percent of the City. (Annexations raised the total acreage in the City from 12,344 acres to 14,452 acres.) During the same period, Industrial increased from 3573 acres, or 28.9 percent, to 4385 acres, or 30.2 percent. After Suburban Density Residential, the largest percentage change during this period was Environmentally Sensitive, which decreased from 1958 acres, or 15.9 percent, to 1433, or 9.9 percent. Addressing wetlands-protection issues, the REAR states that the Conservation Element in the Plan, "as implemented through the City's Land Development Code and the requirements and processes of the Environmental Protection Commission," is "consistent with the new State requirements." Petitioner Exhibit 8, p. 9. The REAR asserts that the Conservation Element protects wetlands through discussion in the unadopted text of the Plan and "outlines wetlands protection strategies in the adopted portion of the [Conservation Element], Objective C and Policies C.1-C.9. Wetlands protection is also addressed in the FLUE [Future Land Use Element]." Petitioner Exhibit 8, p. 9. However, the REAR promises an expanded Conservation Element with mapping of the wetlands on the FLUM. The REAR contends that: [u]pon adoption of revised [Plan] provisions, all wetlands in the City will be protected by the [P]lan, by existing or revised Land Development Code provisions, by the [Environmental Protection Commission's] Wetlands Rule (which includes more stringent protection for more types and sizes of wetlands than that available at any other level of government), by the state through its Environmental Resources Permit (ERP) process, and by the U.S. Army Corps of Engineers, in accordance with the requirements of the National Environmental Policy Act (NEPA) and various other laws and procedures. The City believes that this system will ultimately offer an extremely high level of [P]lan-based wetlands protection. Petitioner Exhibit 8, pp. 9-10. The REAR contains a table showing proposed changes to the Plan. Among the proposed changes is FLUE Policy 6.B.4, which was proposed to provide: The City may allow wetland encroachment as a last option only when other options to avoid wetland impacts are unavailable. When this occurs, the City in cooperation with the Environmental Protection Commission of Hillsborough County, shall ensure the permitted activities are compatible with maintaining the area as a viable productive vegetative and wildlife habitat that protects its natural function based on the following criteria: allow only minimum impact projects such as piers, docks, walkways in wetlands; require development to be transferred to adjacent uplands outside wetland areas; restrict density in wetland areas to one residential unit for each identified wetland area. Petitioner Exhibit 8, p. 32. Petitioner determined that the REAR was in compliance, although on the condition that Respondent agree to work on the issues of wetlands, urban sprawl, and transportation. The Plan amendments adopted on October 13, 1997, did not address many of the issues discussed in the EAR and REAR. Notably, the Plan amendments did not include the revised FLUE Policy 6.B.4, quoted above. Following Respondent's transmittal of the subject Plan amendment, Petitioner submitted objections, recommendations, and comments. In its ORC Response, Respondent stated: The consideration of this plan amendment does not rest on a need to show a demand generated by residents of the City for more industrial land. The City has shown that it has provided for, and can continue to provide for, adequate provision of residential and other uses. ORC Response, p. 3. Using updated figures, the ORC Response states that Respondent had an excess residential designation of over 12,000 persons by 2015. The designation change of the Parcel would still leave an excess residential capacity of 10,443 persons. Using an updated population projection of 36,300 persons by 2015, the removal of the Parcel from Suburban Density Residential reduces Plant City's residential overallocation, in 2015, from 33.1 percent to 28.77 percent--which is still in excess of Petitioner's 25-percent guideline for residential overallocations. Addressing wetlands-protection issues, the ORC Response states that a developer could not develop Industrial land until it showed that "environmental damage would not occur" and compliance with the requirements of the Southwest Florida Water Management District, County Environmental Protection Commission, and Florida Department of Environmental Protection. ORC Response, p. 5. Citing a provision of Respondent's land development regulations, the response adds that Respondent would require a "detailed site plan." Id. The ORC Response acknowledges that Petitioner was seeking the adoption of additional Plan provisions, in accordance with Rule 9J-5.013, Florida Administrative Code, to "exclude future land uses which are incompatible with the protection and conservation of wetlands and wetland function." ORC Response, p. 5. The ORC Response assures that Respondent will propose language requiring the developer to document the environmental conditions at the time of a proposed Plan amendment, rather than at the time of the issuance of a development permit, as the Plan reportedly provides at present. The ORC Response adds that, at the time of the issuance of a development permit, the new language will require that "an environmental review would ensure than the proposed development, under the applicable land use category, does not impact any natural resources located on the site. The protection rests with the site plan review process, detailed in the City's Land Development code." ORC Response, p. 5. Addressing transportation issues, the ORC Response relies on the concurrency provisions of the Plan to ensure that adequate traffic capacity will exist to serve the industrial development of the Parcel. Addressing buffering issues, the ORC Response assures that adequate buffering with nearby residential areas will result from the requirement, in the land development regulations, that the developer provide adequate buffering through a "detailed site plan." The Plan The definitions define Industrial as: The future land use plan category used to designated geographically on the Future Land Use Map and/or textually in the Future Land Use Element those areas in the City that are potentially suitable for industrial activities that create a minimal degree of impact to the surrounding area, particularly in terms of non-objectionable levels of noise, vibration, dust, and/or odor, and for convenience commercial uses that are limited to serving the development. All new development and major expansions of existing uses are subject to site plan review with the intent to integrate and minimize adverse impacts upon adjacent land uses. No new residential development is allowed. Development in these areas is subject to the Goals, Objectives and Polices of the Comprehensive Plan and applicable development regulations pursuant thereto which allows [sic] up to a floor area ratio (FAR) of .50 and a maximum commercial area limited to 10 [percent] of the planned development industrial building square footage. Petitioner Exhibit 13, p. B9-21. The definitions define Suburban Density Residential as: The future land use plan category generally used to designated geographically on the Future Land Use Map and/or textually in the Future Land Use Element those areas that are best suited for single family detached residential uses although other housing approaches and compatible related uses such as churches and public utilities serving the neighborhood can be integrated in the area, subject to the Goals, Objectives and Policies of the Comprehensive Plan and applicable development regulations pursuant thereto. A density range of 0-4 dwelling units per gross acre may be achieved within SDR. Petitioner Exhibit 13, p. B9-39. The definitions section defines "Environmentally Sensitive Overlay Areas (E), Future Land Use Category" as: The future land use plan category is generally used to designate, geographically on the Land Use Map and/or textually in the Future Land Use Element, those areas in the City that are potentially environmentally sensitive and thereby subject to classification as Conservation or Preservation areas under the provisions of the Conservation . . . Element The Environmentally Sensitive Overlay Areas future land use plan category on the Future Land Use map is generalized and not exhaustive of all environmentally sensitive sites. Therefore, actual on-site environmental evaluations must occur for any specific project review, and development of any lands containing environmentally sensitive areas is restricted by applicable federal, state, and/or local environmental regulations and by the applicable Goals, Objectives, and Policies of the Comprehensive Plan. (Refer also to the definitions of Preservation Area and Conservation Area and to the polices, land use category description, and density computation provisions related to environmentally sensitive areas). In conjunction with on- site environmental evaluation, the adjacent land use designation shall provide guidance as to the development potential that may be considered once environmentally sensitive areas are surveyed and mapped on site. Petitioner Exhibit 13, p. B9-16. The definitions define "Environmentally Sensitive" as: Descriptive of lands which, by virtue of some qualifying environmental characteristic (e.g., wildlife habitat) are regulated by either the Florida Department of Natural Resources (FDNR), the Florida Department of Environmental Protection (FDEP), the Southwest Florida Water Management District (SWFWMD), or any other governmental agency empowered by law for such regulation. Petitioner Exhibit 13, p. B9-15. The definitions do not define "Preservation Area," except to refer to "Conservation Area." Petitioner Exhibit 13, B9-31. For "Conservation Area," the definitions state: Means land designated to: protect the following preservation areas from any further development, except in extreme cases of overriding public interest: --Critical habitat for species of endangered, threatened, or rare status; --Class I and II waters; --Unique environmental features such as springs, steep natural slopes, cavernous sinkholes, and major natural rock outcrops. be environmentally sensitive areas in the Comprehensive Plan and the City's Land Development Code. Development of these areas is limited to conservation uses. be set aside specifically for the protection and safekeeping of certain values within the area, such as game, wildlife, forest, etc. Preserved areas may or may not be outdoor recreation areas, depending on the use allowed therein. Petitioner Exhibit 13, pp. B9-10 and 11. The definitions define "Conservation Uses" as: Activities within the land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of natural vegetative communities or wildlife habitats. [F.A.C. 9J-5.003(30)] Petitioner Exhibit 13, p. B9-11. The definitions define "Wetlands" as: those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances, do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, slough, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. The delineation of actual wetland boundaries may be made by any professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of the extent of wetlands ratified by the legislature. [F.A.C. 9J-5.003(149)] Petitioner Exhibit 13, p. B9-43. The definitions define "Planned Development" as: "Development governed by the requirements of a site plan zoning district." Petitioner Exhibit 13, p. B9-31. FLUE Policy 1.C.3 states: Higher intensity non-residential land uses that are adjacent to established neighborhoods shall be restricted to collectors and arterials and to locations external to established and developing neighborhoods. FLUE Goal 2 is: To sustain the viability of existing and emerging commercial and industrial park areas to achieve an integrated land use fabric which will offer a full range of employment, shopping, and leisure opportunities to support the city's residential areas. FLUE Policy 2.A.3 provides: Buffer residential uses from the negative impacts of non-residential development (physical, visual, or auditory), through the use of walls, berms, landscaped areas. FLUE Objective 2.E is: Support the downtown, stadium, community college, hospital, airport and the industrial areas of the city as the major employment and regional attractors of the Plant City area. FLUE Policy 2.E.1 states that Respondent will ensure that "adequate transportation, water, sewer, solid waste, and drainage facilities will be provided concurrent with the impacts of development " FLUE Policy 6.A.4 provides: The City shall regulate land use and development in all areas subject to flooding by prohibiting all development within the 100 year floodplain which is not in strict conformance with the provisions of the City of Plant City Flood Hazard Ordinance. FLUE Policy 6.A.6 is: The City shall investigate incentives to encourage the clustering of development away from environmentally sensitive lands. FLUE Objective 7.A states: In all actions of the City, urban sprawl shall be discouraged and a compact urban pattern of development shall be provided for in a manner which will promote the full utilization of existing public infrastructure and allow for the orderly extension and expansion of municipal facilities in a fiscally responsible manner. FLUE Policy 7.A.3 provides: The City shall permit new development which lies contiguous to existing urbanized lands only if public facilities are available or can be provided concurrent with the impacts of the development. All development shall be consistent with and maintain the adopted levels of service. FLUE Objective 7.B restates the concurrency requirement at the time of "approving new development and redevelopment." FLUE Policy 7.B.1 prohibits the issuance of "development orders or permits" that would result in "a reduction of the level of service (LOS) established for public facilities as adopted in the Capital Improvements Element." FLUE Objective 7.E restates the commitment to serve all new development and redevelopment with public facilities at or above the adopted LOS standard. FLUE Objective 7.F again restates this commitment, as it pertains to roads. The Goal of the Conservation Element is to: Preserve, conserve, restore, and appropriately manage the natural resources of the City of Plant City, in order to maintain or enhance environmental quality for present and future generations. Acknowledging the role of land-use planning in protecting natural resources, the Conservation Element states: In past decades, land use decisions were based primarily upon socio-economic and demographic factors, with little consideration given to preserving or conserving the natural attributes of the land. As a result, urban land uses were often allowed to replace or permanently alter environmentally sensitive lands and natural systems. With a better understanding of the ecological impacts of land uses, it has become clear that the natural carrying capacity of the land must be carefully considered in land use decisions if the natural attributes and functions of the environment are to be maintained for future generations. Policies and regulations that appropriately preserve or conserve valuable natural resources, while allowing for orderly economic growth, are needed. Petitioner Exhibit 22, Conservation Element, pp. 63-64. The Conservation Element contains 12 objectives under eight categories--air quality, surface water, soil, hazardous materials, flora and fauna, natural preserves, land uses, and minerals. The objectives are specific and measurable. However, the policies in the Conservation Element are vague and unlikely to contribute significantly to the attainment of the Conservation objectives. Only 11 policies (A.7, B.1, B.7, C.2, E.2, E.6, E.7, F.6, H.2, H.4, and L.1) specifically describe a program or activity that will assist in the attainment of any objective. The remaining policies require Respondent only to "cooperate" (14 times), "promote" (9 times), "participate" (5 times), "request" (4 times), "support/encourage" (4 times), "assist" (3 times), and even "consider requiring" (1 time). Other policies promise compliance with the law, public education, and recommendations. Six policies promise some action in the land development regulations or the "land use planning process"-- evidently referring not to the preparation of the Plan, but to some part of the permitting process that may be described in the land development regulations, but is not described in the Plan. Several of the Conservation provisions more directly affect the present case. Acknowledging that "more stringent regulations for stormwater discharges should be considered," Conservation Objective B states: By 1990, discharges to all natural surface water bodies in the City of Plant City shall meet or exceed State water quality standards . . .. Cognizant that increased growth will continue to pressure wetlands, a "significant percentage" of which have already been lost, Conservation Objective C states: "By 1992, no net loss of natural wetland acreage and 100-year floodplain storage volume shall occur in the City." However, Conservation Policy C.3 implements this promise through reliance on the activities of the Hillsborough County Environmental Protection Commission and the previously described, unspecified permitting process that appears to be part of Respondent's land development regulations. Conservation Policy C.4 defers to "appropriate environmental regulatory agencies" the responsibility of developing a comprehensive wetland mitigation and restoration program. Conservation Policy C.9 states that Respondent will cooperate with Hillsborough County and the Southwest Florida Water Management District to develop comprehensive floodplain management regulations for the 100-year floodplain. In the restated 1990 plan, Public Facilities Element (PFE) Objective 1.C provided: By 2000, the City will implement mandatory requirements for discontinuing the use of all septic tanks[,] providing sanitary sewer facilities for the affected residents is available. In the 1987 amendments, Respondent weakened this objective by substituting for it the following: The City shall encourage the discontinuance of all on-site wastewater systems and private water wells upon the availability of public sanitary sewer facilities and public water utilities for the affected residents. However, PFE Policy 1.C.1, also part of the 1987 amendments, somewhat limits the circumstances under which landowners may continue to use onsite wastewater disposal systems. PFE Objective 1.A states: By February 1, 1990, the City . . . will implement procedures to ensure that at the time a development permit is issued, capacity consistent with the level of service standards is available or will be available when needed to serve the development. PFE Policy 1.A.1 adopts LOS standards of 89 gallons per capita per day for residential sewer, 7 gallons per employee per day for commercial sewer, and 43 gallons per employee per day for industrial sewer. Traffic Circulation Element (TCE) Policy A.1 adopts LOS standards for city roads. TCE Objective B requires Respondent to adopt land development regulations to ensure that transportation improvements further the provisions of the FLUE. TCE Policy D.1 is to provide transportation infrastructure to accommodate the impacts of growth consistent with the requirements of the provisions of the Capital Improvements Element (CIE). CIE Objective 1 is to set LOS standards for each public facility and identify the capital improvements needed to ensure that the adopted LOS standards are met. CIE Objective 2 is to provide needed public facilities that are within Respondent's ability to fund. CIE Policy 2.B attempts to allocate the costs of additional public facilities between existing and new development; ensuing policies largely assign the responsibility for curing deficiencies to existing development and adding capacity to new development. CIE Objective 3 is to provide needed public facilities to compensate for depletion and to accommodate new development and redevelopment. Ultimate Findings of Fact Adequacy of Ordinance On its face, Ordinance 5-1998 provides no basis whatsoever for inferring that it implements a change in the Parcel's designation on the FLUM. The contents of the ordinance presumably emerges only upon examination of the original ordinance file kept in the City Clerk's office. Supporting Data and Analysis--General Need for Conversion from Suburban Density Residential to Industrial Designation As for the need for more Industrial land, Petitioner failed to prove by a preponderance of the evidence that the data and analysis fail to support this Parcel's redesignation from Suburban Density Residential to Industrial. Petitioner contends that this change in designation is not supported by the data and analysis because it results in an overallocation of Industrial. This argument fails for several reasons. First, Petitioner failed to prove any standards by which to determine an overallocation of Industrial, at least given the circumstances of this case. Already characterized by considerable industrial development, Respondent has successfully promoted more industrial development. Perhaps most important, Respondent's unique locational advantages promise more industrial development, given Respondent's proximity to the major population areas of East Central Florida, the Tampa Bay area, and Southwest Florida and its proximity to the large-scale transportation facilities of two major interstates, two rail lines, the Tampa port, and the airports of Tampa and Orlando. Second, under these unique circumstances, Petitioner failed to prove that market demand coupled with the need for larger blocks of land do not justify the new Industrial designation for the Parcel. Third, Petitioner failed to prove that the redesignation from Suburban Density Residential to Industrial is not supported by the data and analysis because this redesignation reduces an overallocation of residential land while adding to employment opportunities for present and future residents of Plant City. 2. Wetlands and Conversion from Suburban Density Residential to Industrial Designation As for the protection of wetlands, Petitioner failed to prove by a preponderance of the evidence that the data and analysis fail to support the Parcel's redesignation from Suburban Density Residential to Industrial. This finding is not based on the strength of the wetland-protection provisions in the Plan. To the contrary, the Plan is remarkably free of such provisions. Rather, this finding is based on the lack of evidence that an Industrial designation would more greatly imperil the wetlands than does the Suburban Density Residential designation. The record provides little basis to compare the effects on the wetlands of the Industrial intensity of .5 FAR as opposed to the Suburban Density Residential density of 4:1. Respondent's contentions that it permits only light industrial are more notable for their recurrence, rather than their support, in the record. The Plan contains no such limitation. In fact, the Plan's definition of Industrial minimally limits uses only in terms of common-law nuisance--e.g., noise, vibration, sound, and dust; nothing in the definition or elsewhere in the Plan limits Industrial uses in terms of effects on wetlands or other natural resources. Perhaps Respondent's land development regulations may further restrict industrial uses, but such easily-amended land use restrictions are irrelevant to a Plan case. Respondent also contends that Industrial requires site- planning. The Plan permits Respondent to require site-plan review, but does not require it to do so. Presumably, Respondent would be free to do so for a large-scale residential development, even though its Plan does not expressly mention the possibility. Although the Plan does not prohibit Industrial use of septic tanks, it is more likely that 4:1 residential development would rely on septic tanks than would .5 FAR industrial development. The three wetlands in question would likely fare better in the absence of a proliferation of nearby septic tanks, as would be permitted under Suburban Density Residential. Internal Inconsistency Future Land Use Element Petitioner failed to prove to the exclusion of fair debate that the Plan amendment is inconsistent with FLUE Objectives 7.A, 7.B, 7.E, and 7.F, and the policies supporting these objectives, as well as FLUE Policies 2.A.3 and 2.E.1. These Plan provisions address buffering residential uses from nonresidential uses, urban sprawl, the efficient provision of public facilities, conformance to adopted LOS standards, and concurrency. As for buffering, the buffering requirement of FLUE Policy 2.A.3 is sorely tested by the presence of a railroad line running through the Parcel. Converting the designation of the Parcel from Suburban Density Residential to Industrial, to the railroad track, serves the purpose of this policy. The problem here is not the railroad track, but the Suburban Density Residential designation; if anything, FLUE Policy 2.A.3 militates for the elimination of an arguably inappropriate residential designation immediately south of the railroad line. As for urban sprawl, the redesignation from Suburban Density Residential to Industrial does not encourage the kind of inefficient land uses targeted by the Plan provisions discouraging urban sprawl, nor does the redesignation encourage an inefficient or costly extension of infrastructure. This recommended order has already found a viable functional relationship between the Parcel, if designated Industrial, and the larger region of which the Parcel and Plant City are a part. This is the key finding on the urban-sprawl issue. This order cites Petitioner's rule as it identifies the indicators and relevant development controls that are relevant to an urban-sprawl analysis. Although the Plan is nearly free of useful development controls, all of the urban- sprawl indicators suggest either that the new Industrial designation, as compared to the Suburban Density Residential designation, will discourage urban sprawl or have no effect on urban sprawl. The greater weight of the indicators suggests that the new designation will discourage urban sprawl. These indicators are the encouragement of a functional mix of uses, absence of excessively large areas of single use, absence of Industrial uses in excess of demonstrated need, absence of development forms (such as leapfrog and radial) suggestive of premature development, absence of poor accessibility among related uses, and achievement of a separation of rural and urban uses. Inconclusive indicators involve the protection of natural resources, agriculture, and open areas, the effective use of existing and future public facilities, and the discouragement of infill development. The commitment of FLUE Objectives 7.B, 7.E, and 7.F and FLUE Policy 2.E.1 to provide each public facility at its adopted LOS concurrent with new development is not compromised by either designation. A designation of Suburban Density Residential or Industrial is merely a future land use designation; it is not a development order. When Respondent issues a development order for the Industrial Parcel, the Plan's adequate concurrency provisions ensure that public facilities must be available at the time of the impacts of development. However, Petitioner correctly contends that concurrency is no substitute for the correlation or coordination of future land uses with the planned availability of public facilities. If Respondent's planning strategy were to rely on concurrency to time the issuance of development orders for the Parcel, then Respondent would be inviting a sudden and possibly catastrophic disruption of its real estate market and economy. At its worst, such a planning strategy would probably cause the plan to fail to achieve consistency with the criterion of financial feasibility, but Petitioner makes no such allegation in this case. On the present record, though, it is equally possible that Respondent will timely revisit its schedule of capital improvements in order to serve the Parcel with the necessary public facilities, such as roads, or Respondent may timely exact money from its taxpayers, the developers, or the ultimate purchasers through the wide variety of means available to fund infrastructure. In any event, Respondent's planning strategy for public facilities is not, to the exclusion of fair debate, internally inconsistent with the cited Plan provisions under the present circumstances, including the unambiguous requirements of the Plan's concurrency provisions, relatively small area involved (198 acres), economic likelihood in a tight market for industrial land that Respondent can exact from the developer and/or purchasers sufficient contributions to meet the demands of concurrency, and planned extension of central wastewater into the general area by 2005. Another distinguishing factor is that, according to Respondent's unrebutted analysis, only a worst-case development scenario would violate the traffic LOS standards and trigger concurrency. 2. Conservation Element Petitioner failed to prove to the exclusion of fair debate that the Plan amendment is inconsistent with Conservation Objectives C and J, and the policies supporting these objectives. Conservation Objective C is to ensure no net loss of natural wetlands or 100-year floodplain storage, and Conservation Objective J is to ensure the protection of the functions of the natural environment. The policies under these objectives are so vague as to be irrelevant. The focus in this case is not on the Plan itself, but on the Plan amendment; the sole question is therefore whether Petitioner has proved to the exclusion of fair debate that the redesignation from Suburban Density Residential to Industrial is inconsistent with objectives to ensure no net loss of natural wetlands or floodplain and to ensure the protection of the functions of the natural environment. As already noted, despite clear deficiencies in the Plan in its treatment of these natural resources, Petitioner has failed to prove how this redesignation negatively impacts any of these natural resources. 3. Traffic Circulation and Capital Improvements Elements For the reasons already discussed, Petitioner failed to prove to the exclusion of fair debate that the Plan amendment is inconsistent with TCE Objective B, the TCE policies supporting this objective, TCE Policy D.1, CIE Objectives 1, 2, and 3, or the CIE policies supporting these objectives. Inconsistency with Other Criteria Future Land Use Map Petitioner proved by a preponderance of the evidence that the Plan amendment is inconsistent with the criteria of depicting on the future land use map conservation uses (Rule 9J-5.006(4), Florida Administrative Code) and wetlands and floodplains (Rule 9J-5.006(2)(b), Florida Administrative Code). The FLUM does not depict any conservation uses or floodplains. As for wetlands, the FLUM, according to its legend, depicts only those larger than 40 acres. Placing these omissions in the context of the entire Plan does not alter this inconsistency finding. When not omitted, Plan provisions addressing natural-resources criteria are vague. Many of such Plan provisions repeatedly relegate to the land development regulations or delegate to federal, state, regional, or local agencies the responsibility for protecting wetlands and other natural resources. Especially for a relatively small municipality like Respondent, the entire FLUM must contain these required natural resources. Even if Respondent had added the missing natural resources to the 198-acre area subject to this amendment, the omission of these natural resources from the rest of the FLUM would have rendered the Plan amendment inconsistent with the criteria covered in this section. The requirement of depicting on the FLUM wetlands, floodplains, and conservation uses includes the requirement that FLUM graphically inform as to their size, scale, and proximity--relative to all other items required to be depicted on the FLUM and relative to the site that is the subject of a plan amendment. Provisions Protecting Wetlands and Floodplains Petitioner failed to prove by a preponderance of the evidence that the Plan amendment is inconsistent with the criteria of an objective ensuring the protection of natural resources (Rule 9J-5.006(3)(b)4, Florida Administrative Code), an objective protecting and conserving the natural functions of floodplains and wetlands (Rule 9J-5.013(2)(c)6, Florida Administrative Code), and a policy protecting wetlands (Rule 9J- 5.013(3), Florida Administrative Code). Although stronger Plan provisions protecting natural resources might have saved this flawed FLUM amendment, a FLUM amendment does not raise issues concerning the consistency of other Plan provisions, as such. As already noted, Conservation Objectives C and J ensure the protection of wetlands and floodplains and their natural functions. Although no policy provides effective protection of wetlands, this is a deficiency of the Plan, not the Plan amendment. The failure of the Plan to contain the required policy protecting wetlands does not affect the change in designations. 3. Urban Sprawl Petitioner failed to prove by a preponderance of the evidence that the Plan amendment is inconsistent with the criteria of supporting data and analysis because it fails to discourage urban sprawl, establish an efficient land use pattern, coordinate land uses with the availability of facilities and services, protect agriculture and natural resources, ensure a separation between urban and rural land uses, promote a mixed-use development or compact urban form, and avoid the designation of vast areas of single-use development, overallocation of Industrial land, and leap-frog development of rural areas at great distances from urban areas. Petitioner has alleged that the Plan amendment is inconsistent with the criteria of objectives to discourage urban sprawl (Rule 9J-5.006(3)(b)8, Florida Administrative Code) and to use innovative land development regulations and mixed uses (Rules 9J-5.006(3)(b)10 and (4)(c), Florida Administrative Code) and a policy to provide for the compatibility of adjacent land uses (Rule 9J-5.006(3)(c)2, Florida Administrative Code). Petitioner has alleged that the Plan amendment does not discourage urban sprawl (Rule 9J-5.006(5)(g)1, Florida Administrative Code). For the reasons already discussed, the Plan amendment is not inconsistent with these urban-sprawl provisions. 4. Transportation Facilities Petitioner failed to prove by a preponderance of the evidence that the failure to update the Capital Improvements and Traffic Circulation elements at the time of adopting the Plan amendment is inconsistent with the criteria of basing the Plan amendment on a land use suitability analysis (Rule 9J-5.006(2), Florida Administrative Code); including all of the required elements in a future land use map (Rule 9J-5.006(4), Florida Administrative Code) (except with respect to the omitted items already found to result in an inconsistency); basing the Plan amendment on data concerning needed transportation improvements (Rule 9J-5.016(1)(a), Florida Administrative Code); basing the Plan amendment on analysis concerning the fiscal implications of public-facility deficiencies and a prioritization of needed public facilities by type of facility (Rule 9J-5.016(2)(b), Florida Administrative Code); including objectives to use the capital improvements element to accommodate future growth (Rule 9J-5.016(3)(b)1, Florida Administrative Code), to coordinate land use decisions and available or projected fiscal resources with a schedule of capital improvements that maintains adopted level of service standards and meets the existing and future facility needs (Rule 9J-5.016(3)(b)3, Florida Administrative Code), to demonstrate the ability to provide or require the provision of the improvements identified as necessary elsewhere in the Plan and to manage the land development process so that public facility needs created by previously issued development orders or future development do not exceed Respondent's ability to fund and provide or require provision of the needed capital improvements (Rule 9J-5.016(3)(b)5, Florida Administrative Code); and to coordinate the transportation system with the FLUM and ensure that existing and proposed population densities, housing and employment patterns, and land uses are consistent with the transportation modes and services proposed to serve these areas (Rule 9J-5.019(4)(b)2, Florida Administrative Code); and including a policy to set peak-hour LOS standards to ensure that adequate facility capacity will be provided to serve the existing and future land uses (Rule 9J-5.019(4)(c)1, Florida Administrative Code). For the reasons already discussed, the Plan is not inconsistent with these provisions. Inconsistency with State Comprehensive Plan For the reasons already discussed, Petitioner failed to prove by a preponderance of the evidence that the Plan amendment is inconsistent with the cited provisions of the State Comprehensive Plan.
Recommendation It is RECOMMENDED that, pursuant to Section 163.3184(10), the Administration Commission enter a final order determining that the plan amendment is not in compliance due to the omissions of conservation uses, wetlands, and floodplains from the future land use map and the failure of the adoption ordinance to comply with Section 166.041(2), Florida Statutes. DONE AND ENTERED this 20th day of January, 1999, in Tallahassee, Leon County, Florida. ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of January, 1999. COPIES FURNISHED: Kathleen R. Fowler Assistant General Counsel David Jordan Deputy General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Kenneth W. Buchman City Attorney City of Plant City 212 North Collins Street Plant City, Florida 33566 Steven M. Seibert Secretary Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 100 Tallahassee, Florida 32399-2100 Barbara Leighty, Clerk Administration Commission Growth Management and Strategic Planning 2105 Capitol Tallahassee, Florida 32399
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: The City of Oakland Park and Its Roadways The City of Oakland Park is an incorporated municipality located in Broward County, Florida. It is situated in the geographic center of the County. A six-lane divided expressway, I-95, runs north/south through the middle of the City. Among the major east/west thoroughfares in the City is Oakland Park Boulevard. It is a six-lane divided roadway that is functionally classified by the Florida Department of Transportation as an urban principal arterial. The roadway is lined almost exclusively with commercial development. I-95 can be accessed at Oakland Park Boulevard. The Stroks' Property and Its Surroundings Mr. and Mrs. Strok own 20.709 acres of contiguous land in the City. The land is among the few remaining undeveloped properties in the City. The Stroks' property abuts Oakland Park Boulevard to the south. Its southernmost point is a relatively short distance to the west of the Oakland Park Boulevard/I-95 interchange. At present, Oakland Park Boulevard provides the only vehicular access to the Stroks' property. Commercial development lies immediately to the east and to the west of that portion of the Stroks' property fronting on Oakland Park Boulevard. Further north on the property's western boundary is a residential neighborhood of single family homes. Single family homes also lie to the east of the Stroks' property north of Oakland Park Boulevard, but they are separated from the property by a canal. Oakland Park Boulevard, in the vicinity of the Stroks' property (Segment 366), is heavily travelled. Currently, it is operating well over its capacity and therefore, according to standards utilized by the Florida Department of Transportation, is providing a Level of Service (LOS) of "F." There are no formal plans at the moment to expend public funds on capital improvements that would increase the capacity of Oakland Park Boulevard. Whether the Stroks' property is ultimately used primarily for commercial purposes or for single family residential purposes, the development of the property will increase the traffic volume on this segment of Oakland Park Boulevard, as well as other roadway segments in the County that are now operating over capacity, but are not programmed for any capital improvements. As a general rule, however, commercial development generates more traffic than single family residential development. The City's 1989 Comprehensive Plan Future Land Use Map The City adopted its 1989 comprehensive plan on April 5, 1989. Adopted as part of the plan was a Future Land Use Map (FLUM), which was based upon appropriate surveys, studies and data concerning the area. Over Petitioners' objections, all but a small portion of the Stroks' property was designated for commercial use on the FLUM. 1/ Under the City's two prior comprehensive plans, the Stroks' entire property was designated for commercial use. "Commercial uses" are defined in Chapter IV, Section 1.32 of the City's 1989 comprehensive plan as "activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services." Furthermore, Chapter IV, Section 3.02(C) of the plan provides as follows with respect to lands designated for commercial use on the FLUM: Each parcel of land within an area designated in a commercial land use category by the City's land Use Plan Map must be zoned in a zoning district which permits any one or more of the following uses, but no other uses: Retail uses. Office and business uses. Wholesale, storage, light fabricating and warehouses uses, if deemed appropriate by the City. Hotels, motels and similar lodging. Recreation and open space, cemeteries, and commercial recreation uses. Community facilities and utilities. a. Special Residential Facility Category (2) development . . . . b. Special Residential Facility Category (3) development . . . . Non-residential agriculture uses. Residential uses are permitted in the same structure as a commercial use provided that the local government entity applies flexibility and reserve units to the parcel and: The residential floor area does not exceed 50% of the total floor area of the building; or The first floor is totally confined to commercial uses. Recreational vehicle park sites at a maximum density of ten (10) sites per gross acre if permanent location of recreational vehicles on the site is permitted by the City land development regulations, or twenty (20) sites per gross acre if such permanent location is prohibited by the local land development regulations, subject to allocation by the City government entity of available flexibility or reserve units. Transportation and communication facilities. The decision to designate in the City's 1989 comprehensive plan almost all of the Stroks' property for commercial use was not made without consideration of the adverse impact commercial development would have on traffic in the vicinity of the Stroks' property. Although it was recognized that such development would add more traffic to the already congested roadways in the area than would single family residential development, the prevailing view was that the additional traffic that would be generated by commercial development, as compared to that which would be generated by single family residential development, would be relatively insignificant. The designation of the major portion of the Stroks' property for commercial use is not inherently incompatible with the designations assigned other parcels of property in the surrounding area. The Stroks' property was designated for commercial use under Broward County's 1989 comprehensive plan. The Broward County Charter mandates that the land use plans of the County's incorporated municipalities be in substantial conformity with the County's land use plan. Goals, Objectives and Policies The City's 1989 comprehensive plan also includes various goals, objectives and policies. Those of particular significance to the instant case provide in pertinent part as follows: Goal 1- Protect and enhance the single family residential, multiple-family residential, non-residential and natural resource areas of Oakland Park. Objective 1.1- By November 1989, or when required by legislative mandate, revise the development code to assure that all new development . . . avoids traffic problems now impacting the City . . . . Policy 1.1.5- By November 1989, or when required by legislative mandate, the development code shall be amended to specify that no development permit shall be issued unless assurance is given that the public facilities necessitated by the project (in order to meet level of service standards specified in the Traffic Circulation, Recreation and Infrastructure policies) will be in place concurrent with the impacts of the development. A concurrency management system shall be included that specifies the latest DCA and City criteria for what constitutes "assurance" in addition to budgeted projects or signed development agreements. Goal 2- To develop an overall transportation circulation system which will provide for the transportation needs of all sectors of the community in a safe, efficient, cost effective and aesthetically pleasing manner. Objective 2.1- Provide for a safe, convenient and efficient motorized and non-motorized transportation system. Policy 2.1.1- Monitor annual traffic accident frequencies by location. Policy 2.2.2- Improve selective enforcement at high accident locations. Policy 2.1.4- Within one year of Plan submission, or when required by legislative mandate, provide safe and convenient on-site traffic flow through development review procedures. Policy 2.1.7- Reduce the amount of through traffic on local streets and collectors through the implementation, within three years of plan adoption, of a Local Area Traffic Management Program (LATMP) . . . . Policy 2.1.11- Improve the efficiency of traffic flow on existing roadways by implementing the policies of Objective 2.1. Objective 2.2- After November 1989, or when required by legislative mandate, coordinate the traffic circulation system with existing and future land uses as shown on the Future Land Use Map. Policy 2.2.1- After November 1989, or when required by legislative mandate, provide a Development Management System that will allow development to occur in concurrence with the Future Land Use Map and in concert with development of the traffic circulation system. Provide daily and peak hour LOS "D" on all arterial and collector roadways where existing plus committed traffic allows, and maintain traffic conditions on all other roadways segments. Provide daily and peak hour LOS "C" on all local roadways. LOS shall be based on the 1985 Highway Capacity Manual and the FDOT Generalized Daily and Peak Hour Level of Service Maximum Volumes. Other methods may be utilized but are subject to technical review and acceptance by the City. Policy 2.2.2- Within 120 days of plan adoption, adopt a list of local roadway segments where traffic operations are at LOS "C" or better. This list may be based on the February 21,1989 run of the Broward County TRIPS model, which includes traffic generated by committed development or other sources as appropriate. Policy 2.2.3- After 1989, or when required by legislative mandate, the City will only issue development permits for projects impacting links identified from Policy 2.2.1, under the following circumstances: There is an approved Action Plan accompanying the traffic impacts of the proposed development, where an Action Plan refers to any combination of accepted transit, ride- sharing, transportation systems management methods, etc. methods of traffic impact mitigation. The necessary improvements to provide LOS "C" are under construction, under contract for construction or the City Council determines they will be under contract during the same fiscal year. The necessary improvements to provide LOS "C" are included in an enforceable development agreement. Policy 2.2.4- Within 120 days of plan adoption, adopt a list of arterial and collector roadway segments where traffic operations are at LOS "D" or better. This list shall be based on the February 21, 1989 run of the Broward County TRIPS model, which includes traffic generated by committed development. Policy 2.2.5- After November 1989, or when required by legislative mandate, the City will issue development permits for projects impacting links identified from Policy 2.2.1, under the following circumstances: There is an approved Action Plan accompanying the traffic impacts of the proposed development, where an Action Plan refers to any combination of accepted transit, ride- sharing, transportation systems management methods, etc. methods of traffic impact mitigation. The necessary improvements to provide LOS "D" are under construction, under contract for construction or the City Council determines they will be under contract during the same fiscal year. The necessary improvements to provide LOS "D" are included in an enforceable development agreement. Policy 2.2.6- Within 120 days of plan adoption, adopt a list of arterial and collector roadway segments where traffic operations are worse than LOS "D" and there is a scheduled improvement in the City 2010 Traffic Circulation Plan. Traffic operations shall be based on the February 21, 1989 run of the Broward County TRIPS model, which includes traffic generated by committed development. These links will be identified as "Planned Improvement Facilities" and the LOS will be "Maintained" within 10% of identified existing plus committed conditions, where traffic conditions are measured by volume to capacity ratios. Policy 2.2.7- After November 1989, or when required by legislative mandate, the City will only issue development permits for projects impacting links identified from Policy 2.2.3, under the following circumstances: The proposed impacts will "Maintain," within 10% of existing plus committed traffic conditions and the scheduled 2010 improvement will be able to operate at LOS "D" once constructed. There is an approved Action Plan accompanying the traffic impacts of the proposed development, where an Action Plan refers to any combination of accepted transit, ride- sharing, transportation systems management methods, etc. methods of traffic impact mitigation. The necessary improvements to provide LOS "D" are under construction, under contract for construction or the City Council determines they will be under contract during the same fiscal year. The necessary improvements to provide LOS "D" are included in an enforceable development agreement. Policy 2.2.8- Within 120 days of plan adoption, adopt a list of arterial and collector roadway segments where traffic operations are worse than LOS "D" and there is no scheduled improvement in the City 2010 Traffic Circulation Plan. 2/ Traffic operations shall be based on the February 21, 1989 run of the Broward County TRIPS model, which includes traffic generated by committed development. These links will be identified as "Constrained Facilities" and the LOS will be "Maintained" within 10% of identified existing plus committed conditions, where traffic conditions are measured by volume to capacity ratios. Policy 2.2.9- After November 1989, or when required by legislative mandate, the City will only issue development permits for projects impacting links identified from Policy 2.2.5, under the following circumstances: The proposed impacts will "Maintain," within 10% of existing plus committed traffic conditions. There is an approved Action Plan accompanying the traffic impacts of the proposed development, where an Action Plan refers to any combination of accepted transit, ride- sharing, transportation systems management methods, etc. methods of traffic impact mitigation. Policy 2.2.10- The City will annually update existing traffic counts and review updated Broward County Trips assignments. Based on the update the City may reclassify any roadway segment within the City. The City may also reclassify a roadway segment if development from outside the City has effected traffic conditions within the City. Policy 2.2.11- Subsequent to plan adoption, modify the land development regulations such that after 1989, or when required by legislative mandate, require trip generation studies from all proposed development within the City and traffic impact studies for developments generating more than 10% of adjacent roadway capacity and allow development contingent upon the provision of LOS Standards. Objective 2.4- Provide for the protection of existing and future rights of way from building encroachment. Policy 2.4.2- Modify land development regulations to ensure consistency with the Broward County Trafficways Plan right-of-way requirements during development review activities. Goal 9- To ensure the orderly and efficient provision of all public services and facilities necessary to serve existing and future local population needs. Objective 9.2- By November 1989, or when required by legislative mandate, provide that development or redevelopment proposals are approved consistent with existing service availability or coincident with the programmed provision of additional services at the adopted level of service standards and meets existing and future facility needs. Policy 9.2.1- Within one year of Plan submission, or when required by legislative mandate, revise development procedures to review development proposals cognizant of the City's adopted level of service standards, existing levels of service and where appropriate, the timeframe for implementation of additional facility improvements. Policy 9.2.2- After 1989, or when required by legislative mandate, condition the approval of proposed development or redevelopment projects on the basis of project related needs being concurrently available at the adopted level of service standards specified in Policy 9.2.4. Policy 9.2.3- After November 1989, or when required by legislative mandate, allow for phasing of development related infrastructure improvements concurrently with project impacts on public facilities. Policy 9.2.4- The Level of Service (LOS) for capital facilities shall be: * * * for Arterials and Collectors- LOS "D" or "Maintain" for Local Roadways- LOS "C" ADT, PSDT and PKHR Objective 9.3- By November 1989, or when required by legislative mandate, provide that private developers participate on a proportionate share basis in any facility improvement costs necessary to maintain LOS standards. Policy 9.3.2- Establish a preference for the actual construction of adjacent site road improvements in lieu of impact fee payments. Policy 9.3.3- By November 1989, or when required by legislative mandate, establish in the land development regulations a process for assessing new development on a pro rata share of the costs necessary to finance public facility improvements in order to maintain the adopted level of service standards specified in Policy 9.2.4. Development Review Requirements Chapter IV, Section 4 of the City's 1989 comprehensive plan prescribes development review requirements. It provides in pertinent part as follows: Following the effective date of the Land Use Plan, the City shall not grant a permit for a proposed development unless the City has determined that public facilities are adequate to serve the needs of the proposed development or unless the developer agrees in writing that no certificate of occupancy shall be issued for the proposed development until public facilities are adequate to serve its needs. Public facilities may be determined to be adequate to serve the needs of a proposed development when the following conditions are met. Traffic circulation . . . public facilities and services will be available to meet established level of service standards, consistent with Chapter 163.3203(g) Florida Statutes and the concurrence management policies included within this Plan. Local streets and roads will provide safe, adequate access between buildings within the proposed development and the trafficways identified on the Broward County Trafficways Plan prior to occupancy. Capital Improvements Implementation Chapter VII of the plan deals with the subject of capital improvements implementation. It contains a section which addresses the matter of level of service standards. This section provides in pertinent part as follows: The minimum criteria for Comprehensive Plans requires that Level of Service Standards for the City of Oakland Park be included for public facilities described in the plan. The Level of Service Standards for the City of Oakland Park are provided in the following Table 2. Subsequent to the adoption of this Comprehensive Plan, all future development approvals will be conditioned upon the provision of services at the local level of service standards. Table 2 sets forth the following level of service standards for roadways: Principal Arterials- LOS "D" or "Maintain" Minor Arterials- LOS "D" or "Maintain" Collectors- LOS "C"- AADT, 3/ PSDT 4/ PKHR 5/ Submission and Approval of the Stroks' Plat On June 6, 1989, the Stroks submitted to the County Commission for its approval a final plat of their property. The plat reflected the Stroks' plan to have 15 single family dwelling units, 180,000 square feet of office space and 36,000 square feet of commercial space constructed on the property. County staff analyzed the plat to ascertain the impact that the proposed development would have on traffic. In performing their analysis, they relied on the County's TRIPS computer model. Broward County assesses impact fees against a developer where it is projected that a development will add traffic to road segments in the County that are over-capacity, but are planned for improvement. The TRIPS computer model is used to determine the amount of the assessment. County staff did a TRIPS run on the Stroks' plat on September 13, 1989 and determined that the development proposed in the plat would generate a total of 6,879 trips on road segments throughout the County, including over-capacity road segments that were not planned for improvement, as well as over-capacity road segments that were planned for improvement. 6/ The County Commission approved the Stroks' plat on September 19, 1989. A short time earlier, the City Council had also approved the plat. Petitioners' Motives Petitioners are all residents of the City of Oakland Park. In filing their petitions challenging the City's 1989 comprehensive plan, they were motivated only by a desire to improve the quality of life in their city. They had no ulterior motive. They filed the petitions because they felt that it was in the best interest of the City that they do so.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Community Affairs issue a final order finding that the City of Oakland Park's 1989 comprehensive plan is "in compliance," within the meaning of Section 163.3184(1)(b), Florida Statutes. DONE and ORDERED this 18th day of May, 1990, in Tallahassee, Florida. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of th Division of Administrative Hearings this 18th day of May, 1990.
Findings Of Fact The Parties Coniglio through a profit sharing plan owns property in Sumter County which is affected by the plan adoption at issue here. He submitted written and oral comments, objections and recommendations during the plan review and adoption proceedings. He is a person affected by the plan adoption. Similarly Pownall, Cherry, Jones, the Turners and the Dixons as property owners and individuals who submitted written and oral comments, objections and recommendations during the plan review and adoption proceedings are affected persons. Moreover, Pownall, Cherry, Jones and Turner reside in Sumter County. The Dixons own and operate mining sites within Sumter County. Their residence and business interests in Sumter County create additional bases for determining that those individuals are affected persons. The department is the state land planning agency which has the responsibility of reviewing comprehensive plans in accordance with Chapter 163, Part II, Florida Statutes. That function was performed on this occasion associated with the comprehensive plan submitted by the county. The county is a local government required to adopt a comprehensive plan in accordance with Chapter 163, Part II, Florida Statutes. This county is a non-coastal county located in central Florida which is bordered by Citrus, Hernando, and Pasco counties to its west, Polk county to the south, Marion county to the north and Lake county to the east. It has within its boundaries five incorporated municipalities, Bushnell, Center Hill, Coleman, Webster and Wildwood. The unincorporated area of the county include approximately 350,000 acres. The 1991 unincorporated population of the county was 25,030 and was projected to increase to 30,773 within the ten-year planning horizon contemplated by the plan, in the year 2001. Plan Preparation, Adoption and Approval On March 27, 1991, the county submitted its proposed plan to the department for review as contemplated by Section 163.3184(3)(a), Florida Statutes. By such submission the county did not commit itself to the terms found within the proposed plan. Chapter 163, Part II, contemplates that the text within the proposed plan may change through the review, adoption and approval process that follows that submission. As anticipated by Section 163.3184(4), Florida Statutes, the department forwarded copies of the proposed plan to other agencies for review. The department in accordance with Section 163.3184(6), Florida Statutes, took into account the comments received from the other governmental agencies and prepared and transmitted its report of written objections, recommendations and comments (the ORC). The transmittal date for the ORC was July 2, 1991. The purpose of the ORC was to acquaint the county in detail concerning the department's objections, recommendations and comments. It was left over to the county to decide whether the suggested modifications recommended by the department would be adopted in an effort at establishing a plan which would be found "in compliance". The county considered the ORC report, to include the recommendations and made revisions to the text in the proposed plan when it adopted its plan on February 3, 1992. The adopted plan was transmitted to the department on February 28, 1992, for final review. In preparing and adopting the plan the county gave appropriate notice and provided the opportunity for public participation envisioned by law. On March 31, 1992, the department's secretary determined that the adopted plan met the requirements set forth in Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. Thus, the plan was found "in compliance". The determination finding the plan "in compliance" was memorialized through a memorandum dated March 24, 1992. On April 9, 1992, the department gave notice of its intent to find the plan "in compliance". The Coniglio Petition The Coniglio profit sharing plan owns 19.44 acres in Sumter County which Coniglio claims should be classified on the future land use map to the plan as industrial property not commercial property as the plan now describes. In particular, Coniglio asserts that the 19.44 acres that were designated as commercial was not by a decision based upon a survey, studies or data concerning that parcel and that the designation as commercial is inconsistent with the character of other parcels found within the immediate area. Coniglio argues that the analysis that was performed in classifying the property for designation in the future land use map has resulted in a land use which does not allow the best use or highest economic use of the subject property. This 19.44 acres is depicted on map VII-19 and is located to the north and east of the City of Wildwood. There is commercial acreage in the plan immediately adjacent to the property in question, all of which is part of a triangular shaped piece of land. There are present commercial uses adjacent to the property. Generally, the triangular shaped property, to include the 19.44 acres, is surrounded by other properties whose classification is municipal, industrial and rural residential. The property is further detailed in a sketch which is Respondent's Exhibit No. 1 and a Joint Exhibit No. 2. The property is south of County Road 462, west of the Seaboard Coastline Railroad line and east of U.S. 301. The southern boundary of the property is adjacent to an overpass which is 40 to 45 feet high. Coniglio's property has its longest axis fronting the railroad, contact with County Road 462 but no immediate contact with U.S. 301. The railroad line which is adjacent to the parcel is a principal track for the Seaboard Coastline Railroad carrying north/south traffic between Jacksonville and Tampa and Jacksonville and Orlando. The track splits in the City of Wildwood with some traffic going to Tampa and some traffic going to Orlando. A manufacturing plant is located east of the railroad in the vicinity where the subject property is found. This plant is Florida Corrugated which makes corrugated boxes. West of U.S. 301 in the vicinity of the property in question is found a company known as AST that manufactures steel pipes. In the vicinity of the property in question at the junction of County Road 462 and U.S. 301 a business is located known as McCormick Electric. In the immediate vicinity of the property is also found a convenience store and what previously was a motel that has been turned into rental units. Northeast of the intersection of County Road 462 and the railroad is property owned by Florida Power Corporation which is classified as industrial. The corrugated box plant is also on property classified as industrial, again referring to classifications in the future land use map. The AST property where stainless steel pipes are manufactured is on a parcel which is classified as industrial on the future land use map. As stated, the parcel in question is part of a larger triangular shaped parcel, that had been the topic for establishing an industrial park. In the proposed plan the subject parcel, a part of the larger parcel, had been classified as industrial. That designation of the parcel in the proposed plan was through the future land use map. Arrangements were made to provide water service to the industrial park. At present that service is available at the property in question. Arrangements, though not consummated, have also been made to extend sewer service from the City of Wildwood to the subject parcel. In anticipation of the use of the subject property under an industrial classification, Coniglio expended large sums of money. That included $85,000 for a railroad spur and in addition; $12,000 for track extensions, $8,500 for a water line and contribution of right-of-way for water service, sewer service and a road. All this effort was made by Coniglio's in the anticipation of the opening of the industrial park. Sumter County had been involved in the industrial park project through the process of an application to the Florida Department of Commerce seeking appropriation of $96,000 to construct a road associated with the industrial park. The county administered construction of the road and it is that road which Coniglio had donated right-of-way for. The railroad spur, water and sewer services would serve parcels other than the subject parcel owned by Coniglio. The county in preparing its proposed plan had worked with the Sumter County Development Council and other persons in the community in establishing the location for commercial and industrial classifications. One reason for designating the parcel in question as industrial was based upon its proximity to the railroad and as part of the overall industrial park which was being projected in the planning efforts by the county, the development council and others. Chemical Development Corporation appeared before the Sumter County Board of Adjustments to seek approval to operate its business of storage and treatment of hazardous waste on the subject property. The need to appear before the Sumter County Board of Adjustments, which operates independent of Sumter County and its governing board, the Sumter County Commissioners, was to gain a special exception to operate that type business in the county. A special exception needed to be granted by the Sumter County Board of Adjustments because the business to be engaged in involved hazardous waste. The decision by the Sumter County Board of Adjustments was upon a vote of 8 to 2 to grant the special exception following visitation to a plant similar to those activities the applicant for special exception hoped to be engaged in. That approval was granted in May, 1991 by the Sumter County Board of Adjustments. Following that approval the plan was adopted on February 3, 1992, and it changed the classification from industrial in the proposed plan to commercial in the adopted plan. Chemical Development Corporation the prospective tenant for the parcel in question was not granted an occupational license by the county and could not proceed with its operations. One of the enterprises that located in the proposed industrial park was Dairyman's Supply. It had completed construction and was ready for business before the plan was adopted. It began its operations in July, 1991. The decision to change the designation in the parcel in question from industrial to commercial was upon the recommendation of Glen Nelson, Director of Public Services for Sumter County. Among other reasons for the change, according to Nelson, was to thwart the purposes of Chemical Development Corporation in recognition that the change in classification from industrial to commercial would prohibit activities by that company. Notwithstanding the decision by the Sumter County Board of Adjustments to grant the special exception, that prohibition existed because industrial zoning was necessary for the would be tenant to proceed with its business at the site in question. By way of history, following the decision by the Sumter County Board of Adjustments to grant the special exception there was some opposition to the activities envisioned by the Chemical Development Corporation. That is to say, the establishment of a hazardous waste treatment facility. This community opposition predated the recommendation by Mr. Nelson, the decision by the Sumter County Commissioners to reject the application for an occupational license issued from the county, and the determination to present the subject parcel on the future land use map in the adopted plan as a commercial classification. The principal planner whom the county relied upon in preparing its plan was Jack Sullivan. He did not participate in the decision to change the subject parcel from industrial to commercial as reflected on the future land use map in the adopted plan. As explained by Mr. Nelson, other reasons for changing the plan related to the overall attempt by the county to meet perceived needs for balancing the amount of commercial and industrial acres within its adopted plan. To that end the March, 1991, proposed plan had contained approximately 200 acres on State Road 44 east of Wildwood designated as commercial that had been put there at the request of the Sumter County Development Council based upon the Council's discussions with a company that was considering the establishment of a distribution center. Between the time the proposed plan had been transmitted and the plan adoption took place the potential project located in Pasco County or some county south of Sumter County. Therefore, as stated by Mr. Nelson, the commercial designation was no longer needed. The commercial designation at that site changed to rural residential in the plan as adopted. To compensate for the loss of commercial on that 200 acres Mr. Nelson requested that an approximately 40 acre tract of land adjacent to Wildwood on the east side of State Road 44 be placed in the adopted plan as commercial together with 30 to 35 acres including the subject parcel. In making his recommendation to place the subject parcel as commercial Mr. Nelson was aware of those industrial activities in the general area surrounding the parcel in question that have been described. Mr. Nelson made his recommendation for change in the classification one or two months before the February 3, 1992 plan adoption. At the plan adoption hearing on February 3, 1992, Mr. Nelson indicated that the reason for changing the classification for the subject parcel was that the existing uses there were commercial and that the future land use map should reflect that reality. At the hearing no mention was made, by the provision of details, that the reason for changing was to compensate for the loss of the aforementioned 200 acres of commercial acres between the time of the proposed plan and the adoption of the plan on February 3, 1992. As Mr. Nelson explains, the action by the Sumter County Board of Adjustments in granting a special use exception to Chemical Development Corporation did not preclude the necessity to acquire the proper zoning on the parcel before proceeding with the business. That zoning had to be industrial and not commercial. In the more ordinary course the industrial zoning would have been sought first before the Sumter County Commissioners and the Sumter County Board of Adjustments would then have considered the special use. In this instance the Board of Adjustments acted first and the county made its determination second. Bill Keedy who sells industrial real estate expressed the opinion that the 19.44 acres would not be saleable as commercial real estate at least in the foreseeable future. Jim Morton who sells commercial, residential and agricultural properties expressed the opinion that the parcel in question has limited commercial value. Willard Peeples who owns a number of commercial rental properties did not believe that the subject property had commercial value due to limited access to road frontage. None of these individuals are certified in real estate appraisal. Mr. Keedy pointed out that the majority of commercial activity in the Wildwood area is in the middle of the town. Mr. Peeples observed that the commercial activity in Wildwood was located south of the city hall and on U.S. 301 and east and west on State Road 44. Mr. Morton expressed the belief that the highest and best use of the subject property was industrial. Mr. Keedy expressed the belief that an industrial use was promoted by the fact that the property on its east side was bordered by the railroad track. Mr. Nelson in making his recommendation to classify the property in question as commercial made that choice outside any experience in selling, owning or dealing in commercial property. There had been no commercial development north of the City Hall in Wildwood in the preceding ten years prior to hearing. Tony Arrant is an expert in land use planning employed by the department. He had significant involvement in the plan review performed by the department. He pointed out that the department's concerns about the plan and its land use classifications were based upon distribution of land uses throughout the entire county. The ORC did not offer objections to classification of any particular parcel. In the ORC there had been objection as to the extent and distribution of land uses based upon the belief that inadequate data and analysis had been provided to support the extent and distribution of land use. Moreover, the ORC found the plan in its proposed form deferred the establishment of densities and intensities for some land use categories within the plan. The ORC expressed concern about data and analysis supporting the future land use map. Therefore, objection was directed to the future land use map. However, the impression of the proposed plan was not based upon a policy to avoid commenting on specific parcels when occasion arose for such criticism. Mr. Arrant did not perceive that a change in classification of land use between the time that the proposed plan was reviewed by the department and the adoption of a plan was an irregular outcome. In fact, that possibility is a normal expectation. Mr. Arrant recalls the explanation by Mr. Nelson on February 3, 1992, when the plan was adopted concerning the change from the proposed plan to the adopted plan affecting the parcel in question, to have been based upon existing circumstances, existing land uses at that place and a movement in the distribution of parcels in the overall county associated with commercial and industrial classifications. Mr. Arrant pointed out, in the final perception he held about the adopted plan, that if the suitability analysis provided would support a commercial classification, that is to say, that it was equally suitable for commercial development or industrial development and there was data and analysis providing the need and extent of distribution for the classification, then it is the local government's choice to determine which site will be designated commercial and which site will be designated industrial. With that in mind, Mr. Arrant found no reason to take issue with the county in its commercial classification for the subject parcel. Mr. Arrant in his knowledge of the parcel in question found no wildlife habitat, wetlands, topographical, geographical or geophysical constraints which would limit the use of this property as commercial or industrial. Consequently, the choice in classification was left to the local government. Having in mind the facts previously found, it is recognized that the reasons for changing the land use classification on the subject parcel from industrial to commercial had a political component, stopping Chemical Development Corporation from doing business in Sumter County, unrelated to appropriate land use planning. Nonetheless other reasons the county gave for changing the classification from industrial to commercial when compared to the criticisms directed to the classification do not convince, to the exclusion of fair debate, that the county should be required to change the plan to reflect an industrial classification for the parcel in question. This finding is supported by review directed to the overall plan for land use classification within the county which is supported by appropriate data and analysis. Finally, Coniglio's expenditures associated with this parcel are not an appropriate topic for disposition in this case. Mining Policy 1.9.1 at pages VII-48 and 49 states the following in its preamble: Mining uses shall be provided for in areas designated as agricultural on the Future Land Use Map and shall be permitted upon approval of a conditional use permit and approval of an operating permit pursuant to a mining site plan as provided for in the Land Development Regulations. It was not proven to the exclusion of fair debate, in fact, no proof was offered to suggest that the approval of a conditional use permit as opposed to a zoning permit should be the proper approach in describing this policy. Consequently, that allegation concerning the county's policy choice in the mining element is without merit. Policy 1.9.1 at page VII-49 goes on to describe the guidelines for controlling land allocation for mining purposes where it states: The following guidelines shall be used to control land allocation for mining: Allocation of mining land use shall be based on a projected average need of 100 acres per year or a total of 1,000 acres during the ten year time period of the Plan and may be permitted pursuant to the goals, objectives and policies of the Plan as needed up to 1,000 acres. Allocation of mining land use above this projected need shall require a Plan amendment. For purposes of determining the amount of mining land permitted, the Board of County Commissioners shall issue a finding with each operating permit that clearly delineates the amount of land dedicated to the actual mined area plus ancillary uses such as processing plants, overburden piles, roads, administrative offices and other buildings necessary for the actual mining of land. Areas allocated for wetlands, buffers and other lands required in the application to insure compatibility with adjacent land uses or protection of resources shall not be counted toward the ten-year allocation of land for mining purposes. To ensure that an equitable balance among applicants is maintained in allocation of mining land, the following criteria shall apply: Within each calendar year, no individual mining operation shall receive more than 10% of the ten year allocation; No individual mining operation shall receive more than 25% of the ten year allocation within any five year period; Any land allocation requirement for mining purposes larger than those indicated in 1-2 above shall require a plan amendment. The calculation concerning the number of acres per year and total acreage allocated during the ten year review is based upon data collected from the Withlacoochee Regional Planning Council field survey of 1975 incorporated into the county's 1976 comprehensive plan which showed 2190 acres in mining effective 1975. That constitutes the base point for calculation and is related to a further data point in 1986 taken from the county tax assessor's data which established that 3082 mining acres existed in the county upon that date. The use of the data points is described in the data and analysis at page VII-104 where it states: The 1991 acreage was assumed to be the same as the 1986 analysis. The following methodology was used to calculate mining growth to the year 2001: Assume an additional 100 acres per year from 1986-2001 including buffer area. This estimate is based on 2,190 acres in mining in 1976 (1976 Comprehensive Plan) and 3,082 acres in 1986 (See Appendix A). This yields an average of 89 acres per year for the ten year period. This has been rounded upward to 100 acres per year to allow for market fluctuations. Mining shall be a permitted activity in agriculture districts. Applicants shall secure a conditional use permit to mine in agriculture areas; then a mining operating permit will be secured to delineate the exact location of the mined area. 100 acres/year X 15 years = 1,500 acres. 3. 3,082 + 1,500 = 4,582 acres mining in 2001. The goals and policies concerning allocation of mining acreage is clearly based upon appropriate data. The methodology utilized for data collection was appropriately applied and the use of the methodology to derive the allocation was a professionally acceptable methodology. The Petitioners challenge to the county's treatment of the future land use element related to mining would substitute a methodology which examines the amount of land devoted specifically to the mining activity as contrasted with the methodology here which takes into account the mined areas plus ancillary uses such as processing plants, overburden piles, roads, administrative offices and other buildings. In addition, the methodology that the challengers would employ does not take into account that the 100 acre per year allocation excludes wetlands, buffers, and other land required to ensure compatibility with adjacent land uses and protection of resources. This attempt at comparison of methodologies is not allowed in the compliance review. In criticizing the data supporting the allocation process, the challengers question whether that data is the best available existing data. They have failed to prove beyond fair debate that the data used in the plan element is not the best available existing data. The decision to exclude areas allocated for wetlands, buffers and other lands required to ensure compatibility with adjacent land uses and to protect resources from the mining acreage count is not part of the allocation methodology. It is an appropriate planning decision in protecting wetlands and other resources and ensuring compatibility with adjacent land uses. In further describing the manner in which the county will ensure compatibility of the mining uses with adjacent land uses and the preservation of natural resources, Policy 1.9.2 at page VII-49 states: Sumter County shall insure compatibility of mining uses with adjacent land uses and preservation of natural resources through the following requirements: Sumter County shall regulate mining to control buffer areas, maintenance of the mining area, groundwater withdrawals, unpermitted deposition of materials, soil stabilization, disturbance of wetlands, noise, vibration, air quality, security and reclamation of mined lands pursuant to Sumter County Ordinance 90-12(1990). Blasting shall be regulated pursuant to Sumter County Ordinance 81-11(1981). All mining lands permitted pursuant to these policies must be adjacent to existing legally permitted mine sites with no intervening non-compatible uses. Lands proposed for mining that are not adjacent to an existing permitted mine site shall require a plan amendment prior to approval of zoning and the mining plan. Enforcement of mining regulations shall be funded through operating permit fees levied against mining operators. The Petitioners challenging the mining element take issue with the term "adjacent" found at Policy 1.9.2c. They note that Sumter County Ordinance No. 90-12(1990), the mining ordinance, uses the term "contiguous". They argue that this difference in terminology between the ordinance and the plan describes an inconsistency between that ordinance and the plan. Moreover, the challengers claim that there is an internal inconsistency between Policy 1.9.2 and Policy within the conservation element. Policy 1.7.1 in the conservation element at pages III-13 and 14 states: Sumter County shall insure compatibility of mining uses with adjacent land uses and preservation of natural resources through the following requirements: Sumter County shall regulate mining activities to control buffer areas, maintenance of the mining area, groundwater withdrawals, unpermitted deposition of materials, soil stabilization, disturbance of wetlands, noise, vibration, air quality, security and reclamation of mined lands pursuant to Sumter County Ordinance 90-12 (1990). Blasting shall be regulated pursuant to Sumter County Ordinance 81-11 (1981). All mining lands permitted pursuant to these policies must be adjacent to existing legally permitted mine sites with no intervening non-compatible uses. Lands proposed for mining that are not contiguous to an existing permitted mine site shall require a plan amendment prior to approval of zoning and the mining plan. Enforcement of mining regulations shall be funded through operating permit fees levied against mining operators. The challengers claim that Policy 1.9.2 is inconsistent with the Land Development Code for Sumter County, Chapter 13 as it discusses mining activities. Finally, the challengers take issue with the decision to change policy 1.9.2 in its use of the word "contiguous" in a plan draft and the final decision to use the word "adjacent". In Webster's New World Dictionary the word "adjacent" is defined as: near or close to something; adjoining, joining. "Contiguous" is defined as: 1. in physical contact; touching. 2. near; adjoining. To the extent that the county chose to change the previous terminology in policy 1.9.2 found within the earlier draft from the word "contiguous" to the word "adjacent" in the adopted plan, there is no impropriety in that choice. Such changes are anticipated as being involved in the process. The plan as adopted in its use of the terminology "contiguous" or "adjacent" in the conservation and future land use elements as they discuss mining activities is not an internal inconsistency. The terms adjacent and contiguous taken in context are the same. The use of those terms affords no greater nor lesser protection for the benefit of adjacent land owners or in the protection of resources. Treatment of the mining issue within Sumter County Ordinance 90-12 and the Land Development Code for Sumter County, Chapter 13, when compared to the plan does not point to some inconsistency in using the terms "contiguous" and "adjacent". On balance the treatment afforded the mining element within the plan has adequately responded to the need for proper allocation for future land use compatible with adjacent land uses and the protection of resources.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is, RECOMMENDED: That a final order be entered which finds the plan for Sumter County to be "in compliance" and dismisses the petitions. DONE and ENTERED this 26th day of February, 1993, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of February, 1993. APPENDIX CASE NO. 92-2683GM The following discussion is given concerning the proposed fact finding of the parties: Coniglio: The proposed facts are accepted with the exception that Paragraph 4 is contrary to facts found. and Paragraph (w) is not necessary to the resolution of the dispute. Department: Paragraphs 1-12 are subordinate to facts found. Paragraph 13 is contrary to the facts in its suggestion that there is a lack of significant industrial activity in the area of the subject parcel. Otherwise, that paragraph is subordinate to facts found. Paragraphs 14 through 18 are subordinate to facts found with the exception that the latter sentence in Paragraph 18 is not accepted in its suggestion that the allegation of political considerations has not been proven. Paragraphs 19 and 20 constitute legal argument. Paragraphs 21 through 23 are subordinate to facts found. Paragraphs 24 through 27 are subordinate to facts found. Paragraphs 28 and 29 constitute conclusions of law. Paragraphs 30 and 31 are subordinate to facts found. Paragraphs 32 and 33 constitute conclusions of law. Paragraph 34 is subordinate to facts found. Paragraph 35 constitutes conclusions of law. Paragraphs 36 through 40 are subordinate to facts found. Paragraph 41 is not necessary to the resolution of the dispute. Paragraph 42 is subordinate to facts found. Pownall, Cherry, Jones and Turner: Paragraph 1 is contrary to facts found in its suggestion that appropriate notice and opportunity for public participation was not afforded. Paragraph 2 through 4 are contrary to facts found. The County and Intervenors: Paragraphs 1 through 7 are subordinate to facts found. Paragraph 8 constitutes conclusions of law. Paragraphs 9 through 13 are subordinate to facts found. Paragraphs 14 and 15 constitute conclusions of law. Paragraphs 17 through 22 are subordinate to facts found. Paragraph 23 constitutes conclusions of law. Paragraphs 24 and 25 are subordinate to facts found. Paragraph 26 constitutes conclusions of law. Paragraphs 27 through 31 are subordinate to facts found. Paragraphs 32 and 33 constitute conclusions of law. Paragraphs 34 through 39 are subordinate to facts found. COPIES FURNISHED: Michael P. Donaldson, Esquire Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 C. John Coniglio, Esquire P. O. Box 1119 Wildwood, Florida 34785 Bill Pownall 202 W. Noble Street Bushnell, Florida 33513 Randall N. Thornton, Esquire P. O. Box 58 Lake Panasoffkee, Florida 33538 Theodore R. Turner Nancy Turner Carousel Farms Route 1 Box 66T Post Office Box 1745 Bushnell, Florida 33513 Frances J. Cherry 3404 C R 656 Webster, Florida 33597 Kenneth L. Jones 3404 CR 656 Webster, Florida 33597 Steven J. Richey, Esquire P.O. Box 492460 Leesburg, Florida 34749-2460 Felix M. Adams, Esquire 236 North Main Street Bushnell, Florida 33513 Randal M. Thornton, Esquire Post Office Box 58 Lake Pnasoffkee, Florida 33538 Linda Loomis Shelley, Secretary Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100
Findings Of Fact Petitioner, William Burke, is the developer of the Countryside Retirement Resort, a proposed development of regional impact, (DRI), located in DeSoto County, Florida. Sunrise Farms, a Florida general partnership, is the owner in fee simple of the site, but is not a party in this matter. Respondent, DeSoto County Board of County Commissioners, is a local government with jurisdiction over the proposed project site. It is responsible for the administration of the DeSoto County Comprehensive Plan, land development regulations, and zoning code. On August, 15, 1990, after a duly-noticed public hearing, the Board of Commissioners of DeSoto County denied Burke's Application for Development Approval and Request for Rezoning. On April 23, 1991, the Board of Commissioners of DeSoto County, pursuant to Chapter 163, Florida Statutes (1989), and the rules promulgated thereunder, adopted its current comprehensive plan. Intervenor, Department of Community Affairs, is the state land planning agency with the power and duty to enforce and administer Chapter 380, Florida Statutes, and the rules and regulations promulgated thereunder. The Department is also authorized to appeal DRI development orders issued by local governments pursuant to Section 380.07, Florida Statutes, and has demonstrated a substantial interest in the outcome of this proceeding. Intervenors, M. Lewis Hall, Jr., M. Lewis Hall, III, Don T. Hall, Frank D. Hall and Steven V. Hall, are landowners near the subject site, and are substantially effected persons. The proposed site of the project is located on Highway 31, approximately ten miles from the City of Arcadia, at the SW 1/4 and W 1/2 of the SE 1/4 of Section 1, Township 39 South, Range 25 East, DeSoto County Florida The project has been named Countryside Retirement Resort (Countryside), and is a proposed PUD intended as an Adult Residential Community which is designed to contain, at build-out, a maximum of 1440 park model residential homesites and 60 transient RV spaces on approximately 239.71 acres. The 1440 permanent park model resort homes are to be offered as a "turn-key" package to insure architectural control and adherence to project design. Park model homes are prefab, factory-built units, which are not susceptible to being moved again. The units in each phase will have a single bedroom, and the estimated price for all phases is $55,000, including the lot and lot preparation. Gross density for the project is 6.0 and 6.25 units per acre, based upon 1440 (park model homes) and 1500 (including 60 RV spaces) units, respectively. The development is privately funded and includes all streets, utility systems, public safety services, community buildings, recreational facilities, and general community amenities. The project area is currently zoned A-5 or improved pasture agricultural, with one dwelling unit per five acres permitted. To the north, the property is zoned A-10, citrus grove agricultural. To the south, the property is zoned improved pasture-agricultural, A-5. The Petitioner proposes to dedicate the 40 feet along the South side of the property to DeSoto County for street purposes. Adjacent to the public dedication will be a 40 foot project buffer for fencing, landscaping, and stormwater containment. The main entrance is to be located at State Road 31, approximately 1,000 feet North of Pine Island Street. Turn lanes are to be provided to minimize any potential detriment to the flow of traffic on the state roadway. As requested by County staff, forty feet of additional right-of-way has been set aside for the future widening of Pine Island Street. In addition to the 40 foot right-of-way for Pine Island Street (approximately 3.66 acres), access and improvements at all intersecting streets will be made. The additional traffic, sewer and potable water impacts will be provided for by the developer. A secondary access from Pine Island Street runs east from SR 31 approximately two miles, and dead ends at the Hall Ranch. The adjoining 40 foot buffer strip features, in addition to security fencing, a perimeter drainage swale and earthen mounds with landscaping that will screen the community from the public roadway. The buffer strip is not intended for future road purposes. The 40 foot buffer will be placed around the perimeter of the site. The buffer will consist of earthen berms and landscaping to protect the community from the outside, and the outside from the community, to make it as self-supporting and self-contained as possible. A 6.5 acre tract in the southwestern corner of the site has been reserved to provide for the commercial institutional needs of the residential community. Anticipated commercial uses include a general store (providing food, hardware, and dry goods), personal service shops, professional office space, and a motel (58 units) with a restaurant. Institutional uses include an arts and crafts building, a volunteer fire station equipped with a "quick response" vehicle, and office space for use by the sheriff's office, a second floor residence apartment for the community manager, the project's water treatment plant, and a helipad for emergency medical services. A general utility area, including maintenance building, the wastewater treatment plant, and a dry storage area for boats and RV's will be located in the Southeast corner of the property, buffered from adjoining properties and from the internal community. The project will also feature an 18 hole executive golf course with a pro shop and aquatic driving range, a multi-use clubhouse, four lighted tennis courts, six neighborhood swimming pools, and a series of mini-parks. The Petitioner's intent is to design the resort to function as a relatively self-contained and readily identifiable neighborhood of the County. The project calls for an on-site sewage treatment plant with tertiary filtration attached to the plant. At build-out, the plans call for the plant to treat approximately 315,000 gallons of sewage per day. A total of 8.99 acres of both man-made and natural wetlands were identified on the site. The project complies with applicable regulations with respect to preservation of wetlands. Approximately 27.75 acres of wetlands are to be created, and approximately 22.95 acres of proposed lakes will exist at completion. The project conforms with applicable regulations with respect to water use. The project's drinking and irrigation water will be served from on-site wells. An on-site water treatment plant will also be built. Adequate provisions are made for hurricane shelters and evacuations measures. The project conforms with applicable regulations with respect to air emissions. The project conforms with applicable regulations with respect to vegetation and wildlife. The entire site is cleared of natural vegetation and managed as improved pasture. The project site as well as adjoining land is not unique agricultural land. The project will not significantly deplete the agricultural community adjacent to the project or in the general neighborhood. Estimates from 1982 indicate that 236,722 total acres of pasture exist in DeSoto County. Removal of the project site from cattle production represents a total of .097% of the total pasture acreage in the County. Approximately 96% (230 acres) of the existing site is improved pasture land for cattle grazing while 6.9 acres or less than 3% of the project's site covers wet prairie. No natural wildlife corridors exist between the subject parcel and any surrounding natural lands. There are no significant historical or archeological sites or corridors considered likely to be present within the project area. Approval of the project would add to the tax revenue base of DeSoto County. The DeSoto County landfill is designed to meet the needs of the County until the year 2000 based on its projected increase of population. The proposed project at buildout, prior to the year 2000, falls below the projected increases of population. The projected increase in population by the year 2000 ranges from 4300 to 5800 with the proposed project generating a theoretical maximum increase in population of 3,000 persons if all units were occupied on a year round basis. The landfill will have adequate capacity to meet the demand from the project. No unusual or industrial or hazardous wastes will originate on-site. A 1.75 acre site has been reserved for the sewage treatment plant in the Southeast corner of the subject property. Sludge is scheduled to be disposed of by a licensed hauler. A tertiary wastewater treatment plant is to be provided in all phases of development. The wastewater is to be filtered and highly disinfected to provide treatment effluent for irrigation purposes. The plant will be situated on approximately 3/4 of an acre including surrounding open space and buffer areas. The utility site is of sufficient size to provide treatment of waste water for the entire development. All on-site facilities (collection treatment) are to be operated and maintained by the homeowner's association in accordance with the Florida Department of Environmental Regulation operating permits. On-site treatment and disposal facilities are being proposed that will be capable of serving the entire development. The proposed drainage system for the project is consistent with applicable regulations. The water supply system proposed for the development complies with applicable regulations. Florida Power and Light Company has sufficient capacity to provide electrical service to the project. While the project will contribute property taxes to the educational system, the development will not have a negative impact on the DeSoto County District School System, since this project will be an adult community, and no school-age children are contemplated. 94.18 acres, or almost 40% of the development site, are to be devoted to recreation uses and open space. A helipad will be constructed to enhance MedVac emergency services to the project and the surrounding area. DeSoto Memorial Hospital is licensed for 82 beds, and provides emergency services. DeSoto Memorial Hospital is a community not-for-profit facility, serving the DeSoto County area and located in Arcadia, Florida. Health Care and medical services are available at the Hospital and the Arcadia area to meet the needs of the Countryside residents. The county operated ambulance (EMS and ALS certified) offers 15 to 20 minute response time from its headquarters station on State Road 70, a distance of 7 miles, via SR 31. Fire protection services for the project are to be provided by the public safety department of DeSoto County. The nearest fire station is located at State Road 70 and Airport Road about seven miles north of the property. Under normal traffic conditions, response time is estimated to be approximately 10 to 12 minutes. The county's fire protection services are to be enhanced by the construction of an auxiliary fire station on-site. The Petitioner proposes to develop a volunteer fire department from among the residents of the project with emphasis on fire, emergency medical, quick response fire truck and a building for sheltering in the event of a disaster or potential emergency (portable electric, water, restrooms, kitchen and proper square footage to accommodate the residents of the development) would serve as a benefit to the County on SR 31. On April 23, 1991, the Board of County Commissioners for DeSoto County adopted Ordinance 91-03, a new comprehensive plan for the County. Included are goals, objectives and policies in the Future Land Use Element of the Plan. The Future Land Use Element, Goal L. Objective L2 of the DeSoto County Comprehensive Plan, provides that: Development orders and/or permits for future development and redevelopment activities shall be issued only if public facilities necessary to meet level of service standards, adopted as part of the Capital Improvements Element of this Plan, are available concurrent with the impacts of development. The Future Land Use Element, Policy L2.5 of the DeSoto County Comprehensive Plan, provides that: No local development order or permit will be issued unless the County determines that the appropriate level of service standards can be met for: drainage; potable water; recreation and open space; solid waste disposal; traffic circulation; and waste water treatment. Traffic Circulation Element, Goal T of the DeSoto Comprehensive Plan, provides that the goal of the traffic element of the Plan will be to "provide for a safe, efficient and economical traffic circulation system." To implement Goal T, Objective T1 provides that, "DeSoto County shall provide a safe and efficient transportation system, and shall establish minimum criteria and standards to ensure the effective functioning of all public roadways within its jurisdiction." The proposed development site accesses State Road 31, a north/south, two-lane minor arterial roadway connecting the City of Arcadia with the City of Fort Myers. SR 31 is currently at a Level of Service (LOS) of B, or better. The DeSoto County Comprehensive Plan, Policy T1.1, has established a peak season/peak hour level of service standard of D or better for SR 31. The Five- Year Schedule of Capital Improvements in the DeSoto County Comprehensive Plan does not provide for the improvement of SR 31. The average daily traffic maximum volumes established by the Department of Transportation for a LOS D on a minor arterial, such as State Road 31, is 15,000 trips per day. Four separate traffic studies were performed regarding the potential impacts of the proposed development on State Road 31. The first two studies were performed by Mr. Gordon Meyers of Ink Engineering, Inc., the third by Mr. Richard Doyle of Tampa Bay Engineering, Inc., and the fourth by Ms. Nanette Hall of Florida Transportation Engineering, Inc. The study area included segments of SR 31 and the intersection of SR 31 and SR 70, as well as, SR 31 and SR 760-A. SR 70 runs east-west and expands from a two lane roadway to a four lane major arterial at the intersection of SR 70 and SR 31. CR 760-A is a two-lane rural major collector extending westerly from SR 31, just north of the G. Pierce Wood Memorial Hospital, to US 17, which provides access to the Punta Gorda area and Interstate 75. The Department of Transportation has three traffic counting stations on State Road 31 from which reliable traffic data has been collected since 1984. The location of these traffic counting stations are as follows: Station #26, is located just south of the intersection between State Road 31 and State Road 70; Station #4, is located approximately halfway between the site of the proposed development and State Road 70, north of the intersection between State Road 31 and County Road 760A; Station #31, is located south of the intersection between State Road 31 and County Road 760A, and north of the proposed site of the proposed development. All four studies made projections as to the anticipated increase in traffic volume at these stations should the proposed development be approved. The four traffic studies obtained the following projections for the anticipated traffic volumes and corresponding LOS's that would exist at the traffic counting stations upon build out of the proposed development summarized in the table below: LOCATION FIRST STUDY SECOND STUDY THIRD STUDY FOURTH STUDY (MEYER) (MEYER) (DOYLE) (HALL) Station #31 12,474/LOS D 7,610/LOS C 12,474/LOS D 13,466/LOS D Station #4 13,557/LOS D 9,250/LOS C 10,080/LOS D 15,384/LOS E Station #26 15,172/LOS E 9,380/LOS C 10,341/LOS D 17,111/LOS E Of the four traffic studies performed, the projections of the fourth (Hall) study were the most reliable. It was the only study to use historic data available on State Road 31 in the Calculation of a growth rate for background traffic volume, and did not suffer from the methodological flaws that existed in the other studies. The fourth (Hall) traffic study indicated that the proposed development at build out would cause large sections of State Road 31 to exceed its level of service established by the DeSoto County Comprehensive Plan, and reduce the level of service below D. The fourth (Hall) study also projected the traffic impacts of the proposed development if developed in two phases, the results (expressed in average daily traffic and peak hour/peak season impacts) of which are summarized in the table below: LOCATION PEAK HOUR/PEAK SEASON AVERAGE DAILY TRAFFIC PHASE I PHASE II PHASE I PHASE II Station #31 892/LOS C 1,394/LOS D 9,062/LOS C 13,466/LOS D Station #4 1,033/LOS D 1,544/LOS E 10,732/LOS D 15,384/LOS E Station #26 1,183/LOS D 10,341/LOS D 12,397/LOS D 17,111/LOS E Countryside has never requested phased approval for the project. The fourth (Hall) traffic study indicated that even if approval were given for "Phase I" alone, a major portion of the LOS D capacity of the roadway (approximately 80% to 85% of the capacity) would be used up, reducing the possibilities for further development of those sections of State Road 31 between the proposed development and State Road 70. The proposed development will not meet the appropriate level of service for traffic circulation. Land Use Element Policy L6.8 of the DeSoto County Comprehensive Plan provides that: Residential development in a Rural/Agricultural area shall not exceed a maximum density of one dwelling unit per ten gross acres. In a Rural/Agricultural area, the lowest order of commercial goods and services which serve the daily needs of nearby residents may be permitted only on arterial or collector roadways. Commercial areas in a Rural/ Agricultural area shall be appropriately buffered, shall not exceed 3 acres in size, shall not exceed impervious surface lot coverage of 70 per cent, and shall be no less than 2 miles from other commercial development in a Rural/Agricultural area or in other future land use categories. Industrial uses within a Rural/Agricultural area may be permitted only when such activity is related to the extraction or processing of minerals; or when related to agriculture; or is of a scale and nature that would not be acceptable in Town Center. Other industrial uses, such a power plants or manufactured or processing facilities may be permitted, and shall have access to a collector or arterial roadway, shall meet all local regulations, and shall be appropriately buffered from surrounding land uses, including agricultural uses. Within a Rural/Agricultural area, the approval of residential development shall acknowledge that the protection of agricultural lands is a primary function of a Rural/Agricultural area, and that land management activities associated with agricultural uses may be incompatible with residential development. However, such management activities are considered to be an essential element of the protection of successful operations on agricultural lands and the continuation of such activities shall take precedence. Future Land Use Element, Goal L. - Objective L3 of the DeSoto County Comprehensive Plan, provides that "DeSoto County shall promote compatible future land use patterns." The current DeSoto County Comprehensive Plant, Future Land and Use Element, Objective L6, provides: Objective L6: As a part of this plan, DeSoto County's Future Land Use Map series shall be applied only in conjunction with the policies of this element and other elements of the DeSoto County Comprehensive Plan, and shall generally illustrate and coordinate the appropriate distribution of residential, commercial, industrial, agricultural, preservation, public and utility facility land uses to effectively manage the projected population growth of the County. The Future Land Use Map (FLUM) and the Plan's policies are used to effectively manage the projected population growth of the County. The Countryside project is not depicted, in terms of an appropriate land use category, on the FLUM. The Future Land Use Map indicates that the project site is located in an R/A (Rural/Agricultural) land use designation with a maximum allowable density of one residential unit per ten acres. The density of the proposed project is in excess of six dwelling units per acre. The 1991 DeSoto Comprehensive Plan, data and analysis section, indicates that there are 2,765 approved, unconstructed recreational vehicle (RV) sites in nine undeveloped, but approved RV parks, covering 448 acres. The Plan indicates that these approved RV sites will meet the anticipate need through the year 2000. The 1991 Plan estimates that 427 seasonal residents (usually retirees), will be added to the seasonal population of the County between 1990- 2000. Based on two persons per dwelling unit and six dwelling units per acre, only 214 units of new RV residential development will be needed between 1990 and 2000. The existing approved, but unconstructed RV sites, exceed the projected need almost thirteen times. The proposed DRI would add an additional 1500 units, resulting in 4,051 more units than the projected need. Policy L3.3 of the DeSoto County Comprehensive Plan provides that: Land uses which are potentially incompatible either due to type of use or intensity of use, shall be buffered from one another through the provision of open space, landscaping, berms, alternative site design or other suitable means. Land development regulations shall establish criteria for appropriate buffering between adjacent land uses. Policy L3.4 of the DeSoto County Comprehensive Plan provides that, "where the application of such measures as identified in Policy L3.3 cannot mitigate the incompatibility between proposed and existing land uses, the proposed land use shall be disapproved." The proposed development is not functionally related to the surrounding agricultural activities and numerous incompatibilities between the land uses shall arise as adjacent landowners conduct agricultural activities such as application of pesticides and fertilizers and other activities which produce smells, sprays, dust, noises and other externalities incompatible with residential use. The incompatibility of this project with existing land uses cannot be eliminated under the proposed buffers of berms, landscaping, and fencing proposed in the ADA. To implement Goal L. Objective L4 of the DeSoto County Comprehensive Plan, Policy L4.1 provides that: The DeSoto County Comprehensive Plan and implementing land development regulations, to be adopted by August 1, 1991, shall include provisions that permit or require a variety of land development techniques that discourage sprawl while protecting natural resources including: Establishment of mixed use future land use categories in the DeSoto County Comprehensive Plan to provide residential, commercial and employment opportunities in close proximity; Clustering of development to protect natural resources, open space and agricultural uses, provide for access management to arterial or collector roadways, provide for appropriate buffering, and make efficient use of public facilities and services; Establishment of guidelines or incentives to encourage infill development in the Town Center, Mixed Use Corridor and Suburban Residential areas, which may include . . . There is a clear intent in the DeSoto County Comprehensive Plan to discourage urban sprawl. "Urban sprawl" is defined in the plan as "scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental, agricultural and natural resource protection. Urban sprawl typically manifests itself in one or more of the following ways: 1) leapfrog development; 2) ribbon or strip development; and 3) large expanses of low-density, single-dimensional development." The proposed development is an example of the leapfrog development type of urban sprawl. It provides for residential development far beyond the projected needs of the surrounding area. It is located far from the nearest urban centers and is surrounded by rural land uses. The proposed development would create an urban level of density and intensity of use within a rural area. It is not a well balanced mixed use development. It is not compatible with, nor functionally related to, the surrounding uses, and is designed to be cutoff and separated from those uses. The proposed development cannot be considered a "rural village." It does not support surrounding agricultural activities, but is, in fact, incompatible with surrounding land uses. Because of its location and lack of multiple uses, this development will encourage lengthy commuting, contrary to the policies of the state comprehensive plan to continue to reduce per capita energy consumption, Section 187.201(12), Florida Statutes. The proposed project is not an efficient development because of its location away from existing facilities and services, shopping and employment, contrary to the policies of the state comprehensive plan to encourage efficient development and direct development toward areas which will have the capacity to service new population and commerce, Section 187.201(21), Florida Statutes. The State Comprehensive Plan, Section 18, "Public Facilities," provides that Florida shall protect the substantial investments in existing public facilities. This project conflicts with this policy, as investments in existing public facilities are best protected by directing growth to nearby locations to efficiently use those facilities, Section 187.201(18), Florida Statutes. The proposed project also conflicts with the state comprehensive plan policy related to governmental efficiency, which encourages the replacement of small scale economically inefficient local public facilities with more economical regional facilities. The project proposes to establish small facilities, rather than efficiently utilize larger facilities, Section 187.201(21), Florida Statutes. Section 380.08(3), Florida Statutes provides: (3) If any governmental agency denies a development permit under this chapter, it shall specify its reasons in writing and indicate in writing any changes in the development proposal that would make it eligible to receive the permit. The Board of Commissioners, in issuing its denial of the Countryside Retirement Resort specified its reasons for denial and identified changes which would make it eligible for approval as follows: The proposed development known as "Countryside Retirement Resort" is not consistent with the DeSoto County Comprehensive Plan, nor the DeSoto County Land Use Regulations. The proposed development does not make adequate provision for public facilities needed to accommodate the impact of the proposed development. There are no known changes that would make the proposed development eligible to receive approval due to the inappropriateness of the requested zoning. The DeSoto County Zoning Ordinance, Section 14.5(a), provides that among factors to be considered in a rezoning is "whether the proposed change would be contrary, and would have an adverse effect on the Comprehensive Plan." The DeSoto County Zoning Ordinance, Section 14.5(b), provides that among the factors to be considered in a rezoning is "the existing land use pattern." The existing land use pattern in the area is agricultural. The proposed development would create a medium density residential enclave within the existing land use pattern of agricultural use. The DeSoto County Zoning Ordinance, Section 14.5(c), provides that among the factors to be considered in a rezoning is "the possible creation of an isolated district unrelated to adjacent and nearby districts." The proposed development would be an isolated district of high intensity residential land use surrounded by agricultural and low intensity residential land uses. The DeSoto County Zoning Ordinance, Section 14.5(d), provides that among the factors to be considered in a rezoning is "the population such as schools, utilities, street, etc." The existing allowable density in this area of DeSoto County is 1 unit per 10 acres. The proposed development would increase this to 6 units per acre. Response time for police, fire, and rescue services would be poor if provided by existing facilities and personnel. Persons needing essential services that could only be provided in the City of Arcadia would have at least a twenty minute round trip. The County would experience a greater burden in providing services to the proposed development than it would if the development were located closer to the City of Arcadia. The DeSoto County Zoning Ordinance, Section 14.5(f), provides that among the factors to be considered in a rezoning is "whether changed or changing conditions make the passage of the proposed amendment necessary." There are no changed or changing conditions in the area which would make it necessary to amend the zoning or the Comprehensive Plant. The DeSoto County Zoning Ordinance, Section 14.5(g), provides that among the factors to be considered in a rezoning is "whether the proposed change will adversely influence living conditions of the neighborhood." The proposed development would create a high density residential development, urban type land use in an area of DeSoto County which heretofore enjoyed a rural character. The DeSoto County Zoning Ordinance, Section 14.5(h), provides that among the factors to be considered in a rezoning is "whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety." The proposed development would create traffic congestion, and would adversely affect public safety. The DeSoto County Zoning Ordinance, Section 14.5(l), provides that among the factors to be considered in a rezoning is "whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations." The proposed development would have an adverse impact on adjacent properties as property owners attempt to develop their properties. This development would drastically reduce the reserve capacity of State Road 31, and adjacent property owners would find it increasingly difficult and expensive to meet the Levels of Service required by the Comprehensive Plan. The DeSoto County Zoning Ordinance, Section 14.5(m), provides that among the factors to be considered in a rezoning is "whether the proposed change will constitute a grant of a special privilege to an individual owner as contrasting with the public welfare." The proposed development would not constitute the grant of a special privilege if approved, since the developer is seeking approval of a PUD. The DeSoto County Zoning Ordinance, Section 14.5(n), provides that among the factors to be considered in a rezoning is "whether there are substantial reasons why the property cannot be used in accordance with existing zoning." There is no reason why the property on which the proposed development is to be located could not be used for what it zones, agricultural usage. The DeSoto County Zoning Ordinance, Section 14.5(o), provides that among the factors to be considered in a rezoning is "whether the change suggested is out of scale with the needs of the neighborhood or the County." The proposed development is out of the scale with the needs of the County and the immediate neighborhood. The neighborhood is designated at a maximum density of 1 unit per 10 acres. This development would be at a density of 6 units per acre. The DeSoto County Zoning Ordinance, Section 14.5(p), provides that among the factors to be considered in a rezoning is "whether it is impossible to find other adequate sites in the County for the proposed uses in districts already permitting such use." There was no showing that other sites in DeSoto County could not be developed at this time. The DeSoto County Zoning Ordinance, Section 9.3, Planned Unit Development Districts (PUD), provides in part that it is the intent of the PUD Ordinance "to provide an optional alternative zoning procedure so that planned developments may be instituted at appropriate locations in the County in accord with the planning and development objectives of the County." The proposed development is not in an appropriate location, nor is it in accord with the planning and development objectives of the County.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is therefore, RECOMMENDED that a Final Order be entered by the Florida Land and Water Adjudicatory Commission denying of the application for development approval of Petitioner, and upholding the decision of the DeSoto County Board of County Commissioners to deny the request for rezoning for the Countryside Retirement Resort. DONE AND ENTERED this 27th day of January, 1992, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of January, 1992. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs - 1(in part),2,3,6(in part),7(in part),16,17,18,19,20(in part),21,22(in part),23,24,26,27(in part),28,29(in part),30, 31,32,33,36(in part),37,38,39,40,41,42,43,44,46(in part),49 (in part),50,51,52,53,54,55,56,57,58,59,60,61 (in part),62,63,64,65,66,67,68,69 (in part),71,72 (in part),73,74,75(in part),76,81,92,95(in part),96(in part),98,99,100,101,105,106(in part),108,109(in part),112(in part) Rejected as against the greater weight of evidence: paragraphs - 4,5,6(in part),(in part),8,15,47,48,72(in part),77,78,79,80,82,83,84,88,89,102,104,106(in part),107,109(in part),110,111,112(in part),113,114 Rejected as irrelevant, immaterial, or subsumed: paragraphs - 9,10,11,12,13,14,20(inpart),22(in part),25,27(in part),29(in part),34,35,36(in part),45,46(in part),49(in part),61(in part),69(in part),70,73,75(in part),85,86,87,90,91,97,103 Rejected as argument or conclusions of law: paragraphs - 93,94,95(in part),96(in part) Respondent's proposed findings of fact. Accepted in substance: paragraphs - 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18 (in part),19(in part),26,27,28,29,30,32(in part),36,37,38,39,40, 41,42,43,44,45,46,47,48,49,50,51,52,53,54,58,59,60,61,62,63,64,65,66,67,68,69,70 ,71,72,74,75,76(in part),77(in part),78,79,80,81, 82,84,85,86,87 Rejected as against the greater weight of evidence: paragraph - 83 Rejected as irrelevant, immaterial, or subsumed: paragraphs - 18(in part),19(in part),20,21,22,23,24,25,37 (in part),55(in part),56(in part),57(in part),73 Rejected as argument or conclusions of law: paragraphs - 14,31,32(in part),33,34,35,55(in part),56(in part),57(in part),76(in part),77(in part) Intervenor Department of Community Affairs' proposed findings of fact Accepted in substance: paragraphs - 1,2,3,4,5,6,7(in part),8,9,10,11,12,13,15,16,17,18,19,20,21(in part),22(in part),23(in part),24,25,26,27,28,29 Rejected as against the greater weight of evidence: paragraphs - 7(in part) Rejected as argument or conclusion of law: paragraphs - 14,21(in part),22(in part),23(in part) Intervenors Halls' proposed findings of fact. Intervenors Halls did not submit separate proposed findings, but adopted the proposals submitted by the Respondent. COPIES FURNISHED: Charlie Stampelos, Esquire William Wiley, Esquire MCFARLAIN, STERNSTEIN, WILEY & CASSEDY, P.A. 600 First Florida Bank Building Tallahassee, Florida 32301 Gary Vorbeck, Esquire Fred Bechtold, Esquire VORBEC, & VORBECK 207 East Magnolia Avenue Arcadia, Florida 33821 Kathryn Funchess Asst. General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Lewis Hall, Jr., Esquire HALL & HEDRICK Republic National Bank Building 150 Southeast Second Avenue Suite 1400 Miami, Florida 33131 William E. Sadowski Secretary Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 G. Steven Pfeiffer, Esquire General Counsel, Dept. of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Douglas M. Cook, Director Planning & Budgeting Exec. Office of the Governor The Capitol, PL-05 Tallahassee, Florida 32399-0001
The Issue Whether an amendment to the St. Lucie County Comprehensive Plan which was adopted by ordinance number 92-029 has rendered the St. Lucie County Comprehensive Plan not "in compliance", within the meaning of Section 163.3184(1)(b), Florida Statutes?
Findings Of Fact The Parties. The Petitioner, the Florida Department of Community Affairs (hereinafter referred to as the "Department"), is a state agency charged pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Part II of Chapter 163, Florida Statutes (hereinafter referred to as the "Act"), with responsibility for, among other things, the review of comprehensive growth management plans and amendments thereto. The Respondent, St. Lucie County (hereinafter referred to as the "County"), is a political subdivision of the State of Florida. The County is the local government charged with the responsibility pursuant to the Act for developing a comprehensive plan for future development in the unincorporated areas of the County and the approval of amendments to the County's comprehensive plan. The Intervenors, Brian Charboneau and Kathy Charboneau, are the owners of a parcel of real property located in the County, which is the subject of the comprehensive plan amendment that is the subject of this proceeding. The parties stipulated that the Intervenors have standing to participate in this proceeding. General Description of the County. The County is a generally rectangular-shaped area located on the southeastern coast of Florida. The County is bounded on the east by the Atlantic Ocean, on the west by Okeechobee County, on the north by Indian River County and on the south by Martin County. Geographically, the County consists of approximately 600 square miles, or approximately 384,000 acres. Approximately 513 square miles, or approximately 328,320 acres, of the County are unincorporated and subject to land use planning by the County. The significant man-made features of the County include Interstate 95, the Florida Turnpike, State Highway 70 and the Fort Pierce International Airport. The airport is operated by the County. There are two incorporated areas within the County: Fort Pierce and Port St. Lucie. The majority of urban development within the County is located within these municipalities and consists mainly of detached, single-family residential dwellings and multifamily units. The estimated permanent population projected in the Plan for the County in 1990 was approximately 151,700. Including seasonal population, the estimated population for the County for 1990 was approximately 182,400. The majority of the County's land area is used for citrus production. The majority of the agricultural land use in the County is located within the County's unincorporated area, to the west of Interstate 95 and the Florida Turnpike, which both run generally north and south through the County. As a result of recent cold weather in areas of Florida north of the County, citrus production in the County has increased in recent years by approximately 35,500 acres between 1978 and 1992. Major natural divisions of the County are the Atlantic Coastal Ridge (including barrier islands), the Eastern Valley and the Osceola Plain. Adoption of the County's Comprehensive Plan. On January 9, 1990, the County adopted a comprehensive plan pursuant to the Act (hereinafter referred to as the "Plan"). The Plan applies to, and governs growth within, the unincorporated area of the County. The Plan excludes areas within the municipalities of Fort Pierce and Port St. Lucie. (Unless otherwise specified, any further reference to the County constitutes a reference to only the unincorporated areas of the County subject to the Plan.) The Plan was based, in part, on an earlier comprehensive plan adopted by the County in 1975 pursuant to the former Local Government Comprehensive Planning Act. The goals, objectives and policies of the Plan and the Future Land Use Map of the Plan were adopted by the County by ordinance. Data and analysis submitted by the County to the Department with the Plan was not adopted by the County by ordinance. The Department reviewed the Plan and on March 21, 1990, filed a Statement of Intent to find the Plan not "in compliance" as those terms are defined in Section 163.3184(1)(b), Florida Statutes. A notice of the Department's determination was published in a local newspaper. The Department determined that the Plan was not "in compliance", in part, because of a conclusion that the Plan allocated twice as much land area to residential land use categories as data concerning the expected population of the County for the year 2015 justified. The Department, therefore, concluded that the Plan was not based on data and analysis, and did not discourage the proliferation of urban sprawl. The County and the Department entered into settlement negotiations which resulted in the execution of a Stipulated Settlement Agreement in October of 1990 disposing of the Department's objections to the Plan. Pursuant to the agreement, the Department agreed that it would find the Plan "in compliance" if the County adopted certain remedial amendments to the Future Land Use Element of the Plan. The terms of the agreement were subsequently carried out. See DCA exhibit 4. The remedial amendments were adopted in part due to the Department's concern about the the proliferation of urban sprawl. This concern was addressed through the remedial amendments by adding certain development controls and requiring clustering of residential development on lands classified agricultural. The remedial amendments also included Policy 1.1.2.4 and Policy 1.1.2.5. Policy 1.1.2.4 is quoted, infra, in finding of fact 123. Policy 1.1.2.5 provides: Provide adequate buffering and/or setbacks between agriculture and non-agricultural uses to protect such agricultural uses from adverse impacts associated with enforcement of nonagricultural development or creation of nuisances by agricultural operations. DCA exhibit 4. The remedial amendments also include Objective 1.1.5 and related policies governing development within the Urban Service Area. The Future Land Use Element of the Plan. The Future Land Use Element and the Future Land Use Map of the Plan reflect a long-term planning period of twenty-five years, ending with the year 2015. In the Introduction of the Future Land Use Element of the Plan (DCA exhibit 1 and St. Lucie County exhibit 1), there is a general description of the Future Land Use Element: The Future Land Use Element has been divided into a series of sections which analyze the existing patterns of development within the community, portray future patterns of develop- ment and recognize unique or special areas within the community that should be considered in future land use determinations. Integral to the success of the Comprehensive Plan are the Goals, Objectives, and Policies which will be used to direct the location and intensity of development for the variety of uses necessary for a healthy and diversified community. Page 1-1, St. Lucie County exhibit 1. The Future Land Use Element of the Plan includes the following "major development philosophy": Over the years, the County has been requested to approve development proposals that would permit the encroachment of urban uses in areas previously used for agricultural purposes. Many of these areas are outside of what may be considered the communities existing urban form or pattern. As discussed later in this element, the cost of providing the necessary community services to these development sites is becoming an increasing community concern. . . . Page 1-6, St. Lucie County exhibit 1. The Future Land Use Element of the Plan goes on to recognize the importance of citrus production: The major use of land within the unincorporated areas of the County is agriculture. Well over 60 percent of the County is presently used for the production of citrus, cash crops or ranching activities. These agricultural activities account for St. Lucie County being ranked among the top citrus producers in the State of Florida, contributing substantially to the local and regional economy. Page 1-11, St. Lucie County exhibit 1. Sixteen general categories of future land use are identified and defined in the Future Land Use Element of the Plan: Agriculture: 5 and 2.5. Residential: Estate, Suburban, Urban, Medium, High. Residential/Conservation. Conservation-Public. Commercial. Industrial. Public Facilities. Transportation/Utilities. Historic. Mixed Use. Special District. The density of development for the residential categories established in the Plan are 1 unit per acre for Estate, 2 units per acre for Suburban, 5 units per acre for Urban, 9 units per acre for Medium and 15 units per acre for High. The density for residential use of the agriculture categories established in the Plan are 1 unit per 2.5 acres for Agriculture-2.5 and 1 unit per 5 acres for Agriculture-5. Population estimates contained in the Future Land Use Element of the Plan are based upon estimates of population of the University of Florida Bureau of Economic and Business Research. The Plan indicates that the County has determined that the University's "high" projections appear to reflect more accurate population projections for the County. The projections concerning population contained in the Future Land Use Element and in this Recommended Order are based upon those "high" projections. Based upon the Plan's data and analysis projections, it is estimated that the permanent population of the entire County was 135,715 in 1988 and 318,650 in 2015. With the seasonal population added, based largely on agriculture related increases in population, the population was estimated at 154,141 in 1988 and 382,380 in 2015. Thus, the estimated increase in the population for the entire County from 1988 to 2015 is 182,935 permanent residents and 219,522 permanent and seasonal residents. In the County alone, the permanent population is estimated to be 54,226 in 1988. For the year 2015, the estimated permanent population is 93,045. With the seasonal population added, the population for 1988 is estimated at 65,119 and 111,654 for the year 2015. Therefore, the estimated total increase in population for the year 2015 is 38,779 permanent residents and 46,535 permanent and seasonal residents. For the year 1988, the Future Land Use Element of the Plan includes an estimate that the existing acreage being used for residential purposes was 16,900 acres. The Plan's Housing Element includes an estimate of only 12,369 acres of residential land use in 1988. To determine projected residential land use needs for the year 2015, the Future Land Use Element provides the following: For the purpose of determining the future land use needs in the community, a ratio has been established which is based upon current (1988) development conditions. This ratio was determined by dividing the seasonal population of the County in 1988 by the estimated amount of land consumed by broad land use category type. . . . Page 1-22, St. Lucie County exhibit 1. Actually, the ratio was determined by dividing the permanent population of the County in 1988, and not the seasonal population, by the estimated amount of land being used for residential purposes. The ratio of population in 1988 to residential acreage use in 1988 results in an estimate of the historical, minimum amount of residential acreage used in the County per 1,000 residents. Thus, it is concluded in the Plan that 312 acres (16,900 acres in residential use in 1988 divided by 54,226 permanent residents in 1988), or .312 acres per person have been used historically for residential purposes. Based upon the estimate of land in residential use in 1988 contained in the Housing Element of the Plan, the ratio is .228 (12,369 acres in 1988/54,226 1988 population). Applying the historical ratio of permanent residents per acre of residential acreage of .312 to the projected seasonal population in the year 2015 of 111,654, the Future Land Use Element of the Plan estimates that the total residential acreage needed by the year 2015 will be 34,836 acres: 111,654 x .312 = 34,836. The estimated total residential acreage needed in the year 2015 based upon the estimated residential acreage in 1988 contained in the Plan's Housing Element is 25,457 acres: 111,654 x .228 = 25,457. If the historical ratio of permanent residents per acre of residential acreage of .312 is applied to the projected increase in permanent population by the year 2015 of 38,779, the additional residential acreage needed by the year 2015 will only be 12,099 acres. Based upon this analysis, there will be a need for a total of 28,999 acres of residential land for permanent residents by the year 2015 (16,900 1988 acres + 12,099 projected need). Using the Plan's Housing Element ratio of .228 and the projected increase in permanent population results in a conclusion that there will be a need for an additional 8,841 acres of residential land. Based upon the projected population growth in permanent and seasonal residents for the year 2015 (46,535 increase in seasonal population) and applying the Plan's historical ratio of residential acres per 1,000 people (.312), the projected additional acreage needed for residential use by the year 2015 is 14,518 acres. Based upon this analysis, there will be a need for a total of 31,418 acres of residential land for the seasonal population by the year 2015 (16,900 1988 acres + 14,518 projected need). Applying the Plan's historical ratio of residential acres per 1,000 people to determine projected additional residential acreage need and using the projection of acreage in residential use in 1988 contained in the Housing Element, there is a need for only 26,887 total acres of residential land (12,369 1988 acres + 14,518 projected need). In the Plan, the County applied the historical residential ratio of .312, which is based upon 1988 permanent population, to the total projected 2015 permanent and seasonal population of 111,535 and concluded that there is a need for a total of 34,836 acres for residential use in 2015. This amounts to a total of 17,936 additional acres (34,836 - 16,900). Based upon the calculations contained in findings of fact 33 through 37, the Plan's projection of additional residential acreage is incorrectly high. Whether the Plan's higher estimate of need is used does not, however, appreciably affect the following determinations. Therefore, for purposes of this Recommended Order, the Plan's incorrect estimate of additional residential acreage needed will be used. The Future Land Use Map of the Plan reflects the County's conclusion that there are approximately 70,989 acres of land in the County available for residential use, not including potential residential development of land designated for agricultural use of one dwelling per 2.5 acres or per 5 acres, and excluding land involved in three amendments to the Plan, including the subject amendment. The 70,989 acres includes acreage already in residential use in 1988 (16,900 acres) and vacant acreage available for residential use through the year 2015. It is estimated in the Plan that there are 2.34 people per dwelling unit in the County. The remedial amendments to the Plan the County agreed to adopt did not remove any of the 70,989 acres of land allocated on the Future Land Use Map for residential use, modify densities, or modify the agricultural classifications of the Future Land Use Map. The Plan designates a portion of the County as an Urban Service Area. The Urban Service Area is depicted on the Future Land Use Map of the Plan. The Urban Service Area is generally described, in pertinent part, as follows: . . . . This area represents the preferred regions for development at urban intensities. The area indicated is the most likely to have centralized water and wastewater services provided by either a municipal utility or a privately operated regional enterprise. The intent of the urban service area designation is to restrict the negative impacts of a sprawling low density development pattern and the fiscal burden that pattern of development has on the ability of the community to meet its service needs. The Urban Service Area is not designed to be a permanent or static limitation on growth. Rather, it is intended to indicate the areas of the County that can reasonably be expected to be provided with necessary community services during the fiscal planning periods of this plan [to 2015]. . . . . Page 1-40, St. Lucie County exhibit 1. The western boundary of the Urban Service Area runs generally north and south along the western boundary of Fort Pierce and Port St. Lucie. The eastern boundary is the Atlantic Ocean. Future Land Use Objective 1.1.4 and Policies 1.1.4.1 through 1.1.5.9 deal with the Urban Service Area. Objective 1.1.4 of the Future Land Use Objective provides: In coordination with the other elements of this plan, future development shall be directed to areas where the provision of urban and community services/facilities can be ensured. Page 1-59, St. Lucie County exhibit 1. In pertinent part, the Policies related to Objective 1.1.4 provide the following: Policy 1.1.4.1 Encourage the location of urban land use intensities, through the development of density bonus and incentive programs in the Land Development Regulations, to those areas that lie within the defined urban service boundary before encouraging/supporting the conversion of property in the agricultural and suburban areas to higher intensity urban uses, but still keeping all development authorizations in line with the adopted levels of service within this plan. Policy 1.1.4.2 Require that new development be designed and planned in a manner which does not place an unanticipated economic burden upon the ser- vices and facilities of St. Lucie County. Policy 1.1.4.3 Encourage the use of cluster housing and planned unit development techniques to conserve open space and environmentally sensitive areas, through the incorporation of the following into the County's Land Development Regulations: The establishment of minimum acreage requirements necessary to support a viable mixed use community providing sufficient design flexibility to allow innovation and creativity in all forms of planned unit developments; The establishment of minimum open space ratios of 30 percent or greater in all planned unit developments including within the PUD documents assurances on the part of the developer that such areas will remain as open space to protect existing native habitat, to provide for minimum setback needs from adjacent uses, and to provide active and passive recreational as well as visual amenities. The establishment of minimum open space standards; The establishment of provisions ensuring the long term preservation of remaining open spaces; The establishment of a mixed use district combining residential, commercial, recreational, educational, and other income producing uses providing significant functional and physical integration among uses; The establishment of minimum standards for the provision of on-site shopping, job opportunities and internal trip capture; and, The establishment of specific requirements to provide efficient, centralized infrastructure (potable water and sanitary sewer). Include specific restrictions on the use of septic tanks, individual wells, and package plants in planned unit developments. Policy 1.1.4.4 Provide for the calculation of gross residential density on lands that lie above the mean high water elevation. Provide for the ability to transfer/cluster of residential density from wetland and other sensitive or unique environmental habitats to upland areas on contiguous property. Pages, 1-59 through 1-62, St. Lucie County exhibit 1. The Plan indicates that the Urban Service Area is likely to have centralized water and wastewater services provided. There is no firm commitment in the Plan, however, to provide central water and sewer services for development within the Urban Service Area. Policy 1.1.5.1 of the Plan provides that urban development activities are restricted to the Urban Service Area. The Policy also provides that "urban development activities" include "any residential development activity in excess of two units to the gross acre . . ." for purposes of the Policy. The densities of Policy 1.1.5.1 for residential development are more dense than what is generally considered as an "urban density". The land located outside of the Urban Service Area is classified almost exclusively as Agriculture-2.5 or Agriculture-5. There are a few areas which abut the Urban Service Area boundary line which are classified for residential use, including a few small parcels which were in existence prior to adoption of the Plan. The Plan does not indicate the current or future existence of urban development within the Urban Service Area. A wide range of development densities and intensities are provided for in the Plan for the Urban Service Area. With regard to development in the Urban Service Area, the Plan provides, in part, the following: It is the position of St. Lucie County that in order to permit the mechanics of the free market system to operate openly, there must be a choice in where to locate future development. Offering the possibility of various development areas, when located within the defined urban service area, is not supportive of a pattern of urban sprawl. Page 1-24, St. Lucie County exhibit 1. Amendments to the Plan. Since the determination that the Plan was "in compliance", the Plan has been amended three times, including the subject amendment. One amendment amended the Future Land Use Map to redesignate the future land use of approximately 2.1 acres of land from Agriculture-2.5 to Residential Estate (hereinafter referred to as the "Furlong Amendment"). Another amendment amended the Future Land Use Map to redesignate the future land use of approximately 9.57 acres of land from Residential Urban to Commercial (hereinafter referred to as the "Hayes Amendment"). Finally, the subject amendment amends the Future Land Use Map to redesignate the future land use of approximately 164 acres of land owned by the Intervenors from Agriculture-2.5 to Residential Estate (hereinafter referred to as the "Charboneau Amendment"). The Charboneau Amendment. On September 22, 1992, the Board of County Commissioners of the County adopted Ordinance No. 92-029 approving the Charboneau Amendment. The Charboneau Amendment, as adopted by the County, is effective only if it is ultimately determined that the amendment is "in compliance". After review of the Charboneau Amendment, the Department determined that it was not "in compliance". This determination was reflected in a notice which the Department caused to be published and in the Department's Statement of Intent of November 11, 1992. The Charboneau Amendment modifies the future land use classification of the Charboneau Property from Agriculture-2.5 to Residential Estate. Agriculture-2.5 allows residential use of the property of no more than one unit per 2.5 acres. Residential Estate would allow residential development of the property of one unit per acre. The Charboneau Property and the Surrounding Area. The subject parcel consists of approximately 164 acres of land (hereinafter referred to as the "Charboneau Property"). The Charboneau Property is generally rectangular shaped with several parcels of land in the southern portion of the parcel which are not included in the Charboneau Amendment. Those "out parcels" retain their future land use designation of Agriculture-2.5 in the Plan and on the Future Land Use Map. The Charboneau Property represents approximately five one-hundredths of one percent of the 328,230 acres of unincorporated land in the County. The northeastern portion of the Charboneau Property consists of cleared land used for grazing a small number of cattle. The remainder of the property is not being actively used for agriculture or other purposes and is covered by pine flatwood and palmettos. The Charboneau Property is located in approximately the geographic center of the County. It is outside, but on the fringe, of the major development areas of the County. The Charboneau Property is bounded generally on the east by Gentile Road, a two-lane dirt road running north from State Road 70. State Road 70, also known as Okeechobee Boulevard, is located to the south of the Charboneau Property. State Road 70 is a major east-west arterial road. It connects the Florida Turnpike and Interstate 95 area, which are located within the Urban Service Area to the east of the Charboneau Property, with Fort Pierce. Access to the Charboneau Property is off Gentile Road. The Charboneau Property is located to the west and outside of the Urban Service Area designated by the Plan. Prior to the adoption of the Charboneau Amendment, the parcel of property generally contiguous to the eastern boundary of the Charboneau Property was also located outside the Urban Service Area. The boundary of the Urban Service Area had been located contiguous to the eastern boundary of the adjacent parcel. The adjacent parcel and the Charboneau Property are separated by Gentile Road. In conjunction with the adoption and transmittal to the Department of the Charboneau Amendment, the Board of County Commissioners of the County initiated, directed and ratified a relocation of the Urban Service Area boundary approximately 1,000 feet to the west. This placed the Urban Service Area boundary at Gentile Road. This modification in the Urban Service Area was consistent with the Plan, which allows a modification of the boundary of the Urban Service Area of up to 1,500 feet without plan amendment. As a consequence of the modification of the Urban Service Area, most of the eastern boundary of the Charboneau Property is contiguous to, but still outside, the Urban Service Area. On the northern boundary of the Charboneau Property is a canal. The canal is approximately thirty feet wide, although the width of the water in the canal is less. The canal is approximately six feet deep. To the north and northeast of the canal are citrus groves in active agricultural production. The property (hereinafter referred to as the "Coca- Cola Property"), is owned by Coca-Cola. The Coca-Cola Property is classified as Agriculture-2.5 in the Plan. Except for certain small pockets of property which border on the Charboneau Property which are described, infra, the property to the north, northwest and west of the Charboneau Property are used predominantly for citrus. Most of this property consists of large tracts of corporate-owned land. To the north of the Coca-Cola Property are also large tracts of property owned by government agencies. To the northeast of the Coca-Cola Property is a tract owned by the University of Florida which is used for citrus research. To the northwest of the Coca-Cola Property is a tract owned by the United States Department of Agriculture. The County also operates a livestock farm in the area. To the northwest of the Charboneau Property and to the west of the portion of the Coca-Cola Property abutting the northern boundary of the Charboneau Property is a parcel of property known as Fort Pierce Gardens. Fort Pierce Gardens is a residential subdivision which apparently was not subject to the requirements of the Plan because of its existence prior to adoption of the Plan. The future land use classification of Fort Pierce Gardens is Agriculture- 2.5. The lots in Fort Pierce Gardens range in size from one acre to five acres. There are a few houses already constructed and a few more houses under construction in Fort Pierce Gardens. Development of Fort Pierce Gardens is less than half complete. Adjacent to the western boundary of the Charboneau Property is a tract known as Pine Hollow Subdivision. Pine Hollow Subdivision is a residential subdivision which apparently was not subject to the requirements of the Plan because of its existence prior to adoption of the Plan. It is approximately the same size as the Charboneau Property. The future land use classification of the parcel is Agriculture-2.5. Pine Hollow Subdivision consists of 110 platted lots that are being developed in phases. The first phase consists of thirty lots which are still under development. A County maintained road has been constructed in phase one. Development of the other phases has not begun. The remaining portion of the tract has three rough-cut dirt roads. The subdivision is less complete than Fort Pierce Gardens. Lots in Pine Hollow Subdivision are slightly larger than one acre. Homes in the subdivision will use wells and septic tanks. To the west of Pine Hollow Subdivision and Fort Pierce Gardens is a large area of land used for citrus. These lands are designated Agriculture-2.5 and Agriculture-5. To the south and southwest of the Charboneau Property is a parcel of property with an airstrip which has been used by crop-dusting airplanes. The airstrip is oriented in a southeast-to-northwest direction. The airstrip and the parcel of land to the south of the Charboneau Property and north of State Road 70 is designated Agriculture-2.5 on the future land use map. The airstrip is not currently being used for crop-dusting aircraft. Improvements have recently been made to the airstrip, however, which evidence an intent to use the airstrip in the future for crop dusting activities. Hearsay evidence corroborates this finding. The land to the south of the Charboneau Property and south of State Road 70 is in use for citrus production. The parcel between the Charboneau Property and State Road 70 is named Walsh Farms. The property to the south and southeast of State Road 70, while currently used for citrus production, is designated Residential Suburban on the Future Land Use Map, allowing development of two dwelling units per acre. This property is, however, located inside the Urban Service Area. To the east of Gentile Road is a parcel of property approximately the same size, north to south, and about half the size, east to west, as the Charboneau Property. This parcel has been developed as what was characterized as rural ranchette. There are approximately eighteen large lots of four to five acres up to ten to twenty acres. The lots in the parcel (hereinafter referred to as the "Ranchette Property"), have single-family homes constructed on them and the lots also have some citrus and horses. The evidence, however, failed to prove that the Ranchette Property was being used for commercial agricultural purposes. The parcel is designated Agriculture-2.5 on the Future Land Use Map. One parcel of approximately 2.5 acres located within the Ranchette Property was the subject of the Furlong Amendment. To the immediate east of the Ranchette Property, bounded on the south by State Road 70 and on the east, in part, by the Florida Turnpike, is an area designated as Residential Suburban on the Future Land Use Map. The area, which lies within the Urban Service Area, is largely undeveloped at this time except for a development known as Hidden Pines. Hidden Pines is a vested subdivision. Hidden Pines consists of lots of approximately one acre. The homes on these lots are served by wells and septic tanks. The subdivision is nearly completely built-out. Approximately 1.3 miles to the east of the Charboneau Property is the center of an area immediately to the north of where the Florida Turnpike and Interstate 95 cross. From this point, the Florida Turnpike travels to the northwest, and closest to the Charboneau Property, from the crossing with Interstate 95. Interstate 95 travels to the northeast, and furthermost from the Charboneau Property, from the crossing. Immediately to the north of the crossing State Road 70 intersects the Florida Turnpike and Interstate 95 in a generally east-west direction. The western boundary of this area is approximately two-thirds of a mile from the southeast corner of the Charboneau Property. There is an interchange of the Florida Turnpike immediately to the north of the crossing and just to the south of State Road 70. There is also an interchange of Interstate 95 to the north of the crossing at State Road 70. State Road 70 becomes a six-lane arterial road to the east of the Florida Turnpike. There are no level of service deficiencies on this portion of State Road 70. The area within and immediately outside the area north of the crossing, west of Interstate 95 and east of the Florida Turnpike, is designated as the Okeechobee Road/I-95 Mixed Use Activity Area. The area may be used for varied, compatible commercial uses and residential use up to fifteen dwelling units per acre. The Mixed Use Activity Area is currently being developed. There are hotels, motels, gas stations, restaurants and an outlet mall already in existence in the area. Another outlet mall is being constructed. Reynolds Industrial Park, consisting of approximately 200 acres, is being developed. To the northeast of the Charboneau Property and the Coca-Cola Property to the east of Gentile Road is an area designated Residential Estate. This area is within the Urban Service Area and currently is undeveloped. Part of the property is used for citrus production. In summary, the area to the west of the Urban Service Area, including the Charboneau Property, is designated for agricultural uses except for Fort Pierce Gardens and Pine Hollow Subdivision. Fort Pierce Gardens and Pine Hollow Subdivision are isolated islands of development within an area actively used for agriculture purposes. Insufficient Data and Analysis to Justify an Increase in Residential Acreage by the Designation of the Charboneau Property As Residential Estate. In the Department's Statement of Intent, it was concluded that the Charboneau Amendment is not "in compliance" based upon the lack of data and analysis to support the conversion of the Charboneau Property from Agriculture- 2.5 to Residential Estate with a designated density of one dwelling per acre. Currently, the Agriculture-2.5 classification of the Plan allows one dwelling unit per 2.5 acres, or a total of approximately 65 residential units on the Charboneau Property. The Plan, however, requires that any non-agricultural development of over twenty units within an Agriculture-2.5 classification must maintain open space of at least 80 percent of the project site in order to retain some viable agricultural use of the property. Residential Estate does not require clustering of units or open space. A total of approximately 163 residential units, one per acre with no open space, or a maximum of an additional 98 residential units can be constructed on the Charboneau Property if the Charboneau Amendment is approved. When the Charboneau Amendment was submitted to the Department for review, the County failed to provide any data or analysis in support of a potential increase in residential units of 98 units or the change in classification of the appropriate use of the Charboneau Property from agricultural to residential. For example, no analysis of the number of acres in the County which are available for development at one unit per acre was performed by the County. The data and analysis of the Plan and, in particular, the Future Land Use Element and the Future Land Use Map, allocate a total of 54,089 acres for new residential development in the County through the year 2015 to accommodate the need for residential property for projected increases in population (70,989 total acres available - 16,900 acres in use in 1988). If the acreage used for residential purposes in 1988 evidenced by the Housing Element is used, the Plan allocates a total of 58,620 acres for new residential development (70,989 total acres available - 12,369 acres in use in 1988). Based upon the Plan, there is a need for only 17,936 additional acres of residential property to accommodate projected population increases through the year 2015. See finding of fact 38. With 54,089 acres available for residential development through the year 2015 pursuant to the Plan and a need for only 17,936 additional acres, there are 3.01 times the number of acres of land designated pursuant to the Plan to accommodate need projected under the Plan. If the Housing Element historical ratio of use is used, there are only 13,088 acres of residential property needed to accommodate projected population increases through the year 2015. With 58,620 acres available for residential development through the year 2015 pursuant to the Plan and a need for only 13,088 additional acres, there are 4.47 times the number of acres of land designated pursuant to the Plan to accommodate need projected under the Plan. Applying the historical ratio of residential use to only the projected additional permanent population indicates a need for an additional 12,099 acres for residential use by the year 2015. Finding of fact 35. This projection represents 4.47 times the number of acres needed for projected new residential growth based upon existing ratios of residential land use (54,089 projected acres/12,099 projected need). Applying the historical ratio of residential use based upon the Housing Element of the Plan to only the projected additional permanent population indicates a need for an additional 8,841 acres for residential uses by the year 2015. Finding of Fact 35. This projection represents 6.63 times the number of acres needed for projected new residential growth based upon existing ratios of residential land use (58,620 projected acres/8,841 projected need). Although approved by the Department, the evidence in this case proved that the Plan contains a designation of sufficient land in the County through the year 2015 to more than adequately meet the reasonably anticipated need for residential property. In fact, the Plan over-allocates land well in excess of any reasonable expectation of the amount of property needed to meet such needs. Even based upon the Plan's projections, the County has allocated more than 3 times the land needed to meet the County's own projections for the need for residential land for the year 2015. While the existing provisions of the Plan are not subject to review, when asked to consider an amendment providing for an increase in residential property, the existence of excessive residential property should not be ignored. In this case, to ignore the realities of the excessive allocation of land for residential purposes in the County contained in the Plan and approve the classification of additional property as residential, would simply exacerbate an already existing excessive allocation. The conclusion that there is excessive land available for residential purposes already contained in the Plan is supported by the population per unit in the County of 2.34. If it is assumed that the 54,089 acres of land available for residential development in the County are developed at a low density of one unit per acre, there will be adequate residential land available for an additional 126,568 people: 54,089 acres, or 54,089 units, x 2.34 people per unit = 126,568 people. Based upon a projected permanent and seasonal population increase by the year 2015 of 46,535 people, there is available for residential use 2.71 times the acreage available to meet future residential needs. In light of the fact that residential property may be developed at much higher densities pursuant to the Plan, assuming development of one unit per acre is conservative, and the number of people that may be accommodated is much higher than 126,568 people. Although not reflected in the Plan, there has been a removal of some property classified as residential property from residential use since the adoption of the Plan. The County has acquired 94 single-family homes on 100 acres designated for Residential Estate use. The 100 acres are located to the east of the Ft. Pierce International Airport and were acquired for noise abatement purposes. The homes on the property have been demolished. An additional 90 homes on land classified Residential Urban will also be acquired and demolished. The State of Florida, through the Conservation and Recreation Lands Program, Chapter 253, Florida Statutes, has also acquired property known as the Avalon tract. The property is located on Hutchinson Island, in the northeast corner of the County. This property had been designated Residential Urban and could have contained approximately 450 units. Even with the removal of the property near the airport and the Avalon tract from the residential property inventory, the Plan contains an excessive allocation of property for residential needs through the year 2015. Based upon the foregoing, data and analysis has not been submitted by the County to justify an increase in residential property or property which may be developed at an increased density. There is already an over-allocation of property for residential land use and, even with the reductions of property near the airport and the Avalon tract, the addition of the Charboneau Property will only result in a Plan with greater over-allocation of land for residential purposes or increased densities. Proliferation of Urban Sprawl. Pursuant to Section 163.3177(6)(a), Florida Statutes, and Rule 9J- 5.006(3)(b)7, Florida Administrative Code, comprehensive plans are required to discourage the proliferation of "urban sprawl". The ill effects of urban sprawl include inequitable distribution of the costs of development and of providing services, inefficient use of land, unnecessary destruction of natural resources, loss of agricultural lands and increased commuting costs and the resulting pollution. In November 1989, the Department published a Technical Memorandum which describes the Department's policy concerning the definition of "urban sprawl". The Department's policy has been further refined and is reflected in proposed amendments to Chapter 9J-5, Florida Administrative Code. In particular, proposed Rule 9J-5.003(140) and 9J-5.006(6), Florida Administrative Code, are consistent with, and represent, the Department's policy concerning urban sprawl. The Department's policy concerning the definition of "urban sprawl", as set out in the proposed rules and as contained in the November 1989 Technical Memorandum, is consistent with the definition of "urban sprawl" most commonly employed by professional planners. The Department's proposed rules concerning urban sprawl do not have the effect of law. They have not yet been finally adopted. The proposed rules have not been relied upon, however, by the Department or the undersigned as "law" in this case. The proposed rules concerning urban sprawl have only been relied on as an expression of the Department's policy. The Department's policy concerning urban sprawl, as evidenced in the November 1989 Technical Memorandum, and as modified by the Department's proposed rules, is reasonable. The Department's definition of "urban sprawl" contained in the November 1989 Technical Memorandum is: . . . scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental and natural resource protection. Urban sprawl typically manifests itself in one or more of the following patterns: (1) leapfrog development; (2) ribbon or strip development; and (3) large expanses of low-density single- dimensional development. The Department's definition of "urban sprawl" as evidenced by the proposed rules is as follows: (140) "Urban sprawl" means urban development or uses which are located in rural areas or areas of interspersed rural and generally low- intensity urban uses, and which are characterized by: The premature or poorly planned conversion of rural land to other uses; or The creation of areas of urban develop- ment or uses which are not functionally related to adjacent land uses; or The creation of areas of urban develop- ment or uses which fail to maximize the use of existing public facilities and the use of areas within which public services are being provided. Urban sprawl typically manifests itself in one or more of the following patters: (1) leapfrog or scattered development; (2) ribbon or strip commercial or other development; and (3) large expanses of predominantly low intensity and single-use development. Page 21, DCA exhibit 18. There are several indicators as to when a plan amendment does not discourage the proliferation of urban sprawl. The indicators, which are memorialized in the Department's proposed amendment to Rule 9J-5.006(6)(g), Florida Administrative Code, are whether a plan amendment: Promotes or allows substantial areas of the jurisdiction to develop as low intensity or single use developments in excess of demonstrated need. Promotes or allows significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are suitable for development but can be expected to remain undeveloped for the balance of the planing period. Promotes or allows urban development to occur in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments but which are bordered on either side by rural land uses, typically following highways or surface water shorelines such as rivers, lakes and coastal waters. Fails to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, endangered or threatened species habitat or habitat of species of special concern, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. Fails to protect agricultural areas and activities, including silviculture. This includes active agricultural and silvicultural activities as well as passive agricultural activities and dormant unique and prime farm- lands and soils. Fails to maximize use of existing public facilities and services. Fails to maximize use of future public facilities and services. Increases disproportionately the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, storm- water management, law enforcement, education, health care, fire and emergency response, and general government. Fails to provide a clear separation bet- ween rural and urban uses. Fails to promote and support infill development and the redevelopment of existing neighborhoods and communities. Fails to encourage an attractive and functional mix of uses. Results in poor accessibility among linked or related land uses. Results in loss of significant amounts of functional open space. Pages 38-40, DCA exhibit 18 Pursuant to the settlement agreement between the County and the Department which led to the determination that the Plan was in compliance, objectives and polices were added by the County to the Plan to insure that the Plan discouraged the proliferation of urban sprawl. The Plan, by directing that development primarily take place within the Urban Service Area, evidences an intent on the part of the County to discourage urban sprawl. See page 1-40 of St. Lucie County exhibit 1 and finding of fact 43. Applying the indicators of urban sprawl to the Charboneau Amendment leads to the conclusion that the Charboneau Amendment does not discourage urban sprawl: The Charboneau Amendment allows the development of 164 acres of land as a low-density, single-use development of one dwelling unit per acre despite the lack of need for any additional residential development in the County. It allows urban development in rural areas at a significant distance from existing urban areas while leapfrogging over less dense and undeveloped land within the Urban Service Area more suitable for such development. It allows urban development in an area that is primarily used for agricultural purposes and, consequently, fails to protect agricultural areas. It fails to maximize the use of existing or future public facilities and services by allowing urban development outside of the Urban Service Area. At some time in the future, the residents of the Charboneau Property can reasonably be expected to expect public facilities and services. It will increase disproportionately the costs in time, money and energy of providing and maintaining facilities and services because the Charboneau Property is located outside the Urban Service Area. It fails to provide a clear separation between rural and urban uses. It fails to promote and support infill development and redevelopment. The Charboneau Amendment does not, by itself, create urban sprawl. No development of the Charboneau Property will occur simply because the Charboneau Amendment is found to be "in compliance" until development orders are issued by the County. These facts do not, however, support the suggestion that the Plan will not fail to discourage urban sprawl as a result of the Charboneau Amendment. The Charboneau Amendment, even though contrary to Objective 1.1.2 and the Policies thereunder which discourage urban sprawl, if found in compliance, will cause the Plan to contain provisions which not only fail to discourage urban sprawl. It will cause the Plan to include provisions which encourage urban sprawl. Inconsistency with Objective 1.1.2 of the Plan. Rule 9J-5.005(5), Florida Administrative Code, requires that comprehensive plan elements be consistent with each other and that future conditions maps reflect the goals, objectives and policies of the plan elements. The Department has alleged, and proved, that the Charboneau Amendment is inconsistent with Objective 1.1.2 and Policy 1.1.2.4 of the Future Land Use Element of the Plan and, therefore, creates an inconsistency within the Future Land Use element. Objective 1.1.2 of the Plan provides the following: Provide in the land development regulations provisions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promote retention of agricultural activities, preserve natural resources and maintain native vegetative habitats. Policy 1.1.2.4 of the Plan provides the following: The County shall include in its land development regulations a site assessment process to evaluate the potential conversion of existing or designated agricultural land uses to non- agricultural land uses in a rational and orderly manner. such provision shall require as a condition to such conversion that the Board of County Commissioners affirmatively find that the proposed non-agricultural use: is compatible with adjacent land uses; maintains the viability of continued agricultural uses on adjacent lands; contains soils suitable for urban use as defined by the St. Lucie County soil survey; is suitable with existing site-specific land characteristics; is consistent with comprehensive develop- ment plans; will have available the necessary infrastructure concurrent with the anticipated demands for development; and, will avoid the extension of the urban services boundary to create any enclaves, pockets, or finger areas in serpentine patterns. Policy 1.1.2.4 was added to the Plan as part of the settlement entered into between the Department and the County during the review of the Plan. Based upon data contained in the Plan, there were approximately 211,428 acres out of a total of 330,402.7 acres in the County in 1988 devoted to agricultural use. This amounts to approximately 63.9 percent agricultural use. The area outside the Urban Service Area is: . . . recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. . . . Based upon the entire area to the west of the Urban Service Area, including the Charboneau Property and the property surrounding the Charboneau Property, the conversion of the Charboneau Property from Agriculture-2.5 to Residential Estate would create an incompatible use of the Charboneau property. This conclusion is reinforced by consideration of the general impact of the conversion of agriculture lands to non-agriculture lands throughout the State of Florida. Of the State's 10.9 million acres of land, approximately 150,000 to 200,000 acres of farm land are lost to other uses yearly. Contributing to this problem is the fact that, as one parcel is converted to non-agricultural uses, the adjacent property values increase and farmers become discouraged. This impact contributes to the premature conversion of agricultural land. To reduce the impact on adjacent agricultural lands caused by the conversion of agricultural land, a clear demarcation between rural and urban land uses should be designated. The Urban Service Area of the Plan serves this purpose in the County Although the evidence failed to prove that agricultural lands adjacent to the Charboneau Property will no longer be used for agricultural purposes upon the conversion of the Charboneau Property or that such a phenomenon has occurred in the County in the past, concern over such impacts are evidenced and recognized by Objective 1.1.2 and Policy 1.1.2.4. of the Plan. The Charboneau Amendment ignores these concerns. It is, therefore, concluded that the Charboneau Amendment will detract from the continued viability of property outside the Urban Service Area for agricultural uses. Policy 1.1.2.4 requires that a development "maintain the viability of continued agricultural uses on adjacent lands." The Charboneau Amendment, even if the domino impact of the conversion of other acreage from agricultural uses may not occur, does not maintain such viability. The Charboneau Amendment is inconsistent with Objective 1.1.2 and Policy 1.1.2.4 because it allows the conversion of agricultural property in an agricultural area (with two parcels of existing, inconsistent uses), outside the Urban Service Area and at a density that is considered an urban density: The conversion of the Charboneau Property to urban uses is not compatible with adjacent land uses. The conversion of the Charboneau Property to urban uses does not maintain the viability of continued agricultural uses on adjacent lands. The Charboneau Property contains soils that are approximately equally suited for agricultural purposes or residential purposes. Wells and septic tanks are used on subdivisions in the area and similar soils exist in areas being used for the cultivation of citrus. The Charboneau Amendment is consistent with other portions of Policy 1.1.2.4. While Objective 1.1.2 and Policy 1.1.2.4 of the Plan specifically only require that the County adopt land development regulations to govern the conversion of agricultural lands, the Objective and Policy also contain substantive provisions which must be contained in those regulations. Therefore, even though the Charboneau Amendment may not specifically impact the County's compliance with the requirement that it "adopt land development regulations," the substance of the Charboneau Amendment is inconsistent with the substantive requirements of the Objective and the Policy of the Plan and would create an inconsistency in the Plan if found to be "in compliance." Inconsistency with the State Comprehensive Plan. The State Comprehensive Plan is contained in Chapter 187, Florida Statutes. Goals and Policies of the State Comprehensive Plan are contained in Section 187.201, Florida Statutes. Goal 16 of the State Comprehensive Plan and Policies 1 and 2 of Goal 16 are as follows: (16) LAND USE.-- Goal.--In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. . . . . Policies.-- Promote state programs, investments, and development and redevelopment activities which encourage efficient development and occur in areas which will have the capacity to service new population and commerce. Develop a system of incentives and disincentives which encourages a separation of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats. Section 187.201(16), Florida Statutes. Converting the Charboneau Property to a non-agricultural classification outside the Urban Service Area is inconsistent with Policy 1 of Goal 16. The existence of the inconsistent uses of Fort Pierce Gardens and Pine Hollow, which were allowed because of their existence before the effective date of the Plan, does not justify further exceptions in the area outside the Urban Service Area designated for rural land uses. The existence of a nonconforming use does not justify further nonconforming uses. Inconsistency with the Treasure Coast Regional Comprehensive Policy Plan. The Treasure Coast Regional Planning Council has adopted a Regional Comprehensive Policy Plan (hereinafter referred to as the "Regional Plan"). The Regional Plan was adopted pursuant to Chapter 186, Florida Statutes, to provide regional planning objectives for St. Lucie, Indian River, Martin and Palm Beach Counties. In its Statement of Intent, the Department has alleged that the Charboneau Amendment is inconsistent with Regional Plan Policy 16.1.2.2. Goal 16.1.2 of the Regional Plan provides, in part, the following: Land use within the Region shall be consistent with State, regional, and local Future Land Use Maps. . . . Goal 16.1.2 of the Regional Plan goes on to provide for a Regional Future Land Use Map and defines the land use categories to be included in the regional map. Policy 16.1.2.2 of the Regional Plan provides the following policy statement concerning Goal 16.1.2: Future land use maps of government comprehen- sive plans shall be based upon surveys, and data regarding the amount of land required to accommodate anticipated growth, the projected population, the character of undeveloped land, the availability of public services, the ability of government to provide adequate levels of service, and the need for redevelopment. The provisions of Policy 16.1.2.2 are also contained in Section 163.3177(6)(a), Florida Statutes. As found in more detail, supra, the Charboneau Amendment is inconsistent with Policy 16.1.2.2 because of a lack of data necessary to support an increase in residential land or increased density in the County and because it fails to promote redevelopment by infill or revitalization within the Urban Service Area.
The Issue Whether the amendment to the Wakulla County Comprehensive Plan adopted by the Board of Commissioners of Wakulla County in Ordinance No. 2002-28 is "in compliance" as defined in Section 163.3184(1)(b), Florida Statutes?
Findings Of Fact Wakulla County Wakulla County sits on the western side of the Big Bend, an area of Florida that joins its panhandle to the state's peninsula separating the Gulf of Mexico and the Atlantic Ocean. Bounded on the north by Leon County, on the east by Jefferson County, on the west by Franklin and Liberty Counties, and on the south by the Gulf, more than 67 percent of the land area of Wakulla County is in public ownership. The bulk of publicly owned lands is in the Apalachicola National Forest. The land area of the County under public ownership is designated Conservation on the County's Future Land Use Map (the FLUM). Under the County's Comprehensive Plan only publicly- owned lands may be designated Conservation. The publicly-owned land lies mostly in the western portion of the County although it extends into the eastern half at the County's southern edge along the coast. Accordingly, almost all of the land area available for development to serve the population, including the City of Crawfordville, lies within the eastern portion of the County. There are two Urban designations under the County's Comprehensive Plan: Urban-1 and Urban-2. There are three areas in the eastern half of the county that have received Urban designations: Panacea and Shell Point, on the coast, and an area in and around the City of Crawfordville. Viewed on a percentage basis, Wakulla County has emerged recently as one of the fastest growing counties in the state. Professionals and retirees account for some of this growth and have served to increase the demand for new subdivisions with homes larger than traditional homes in the county. Geomorphology One of the most distinctive aspects of the County is its geomorphology. It lies entirely within the Gulf Coastal Lowlands physiographic province described by Florida Geological Survey's Bulletin No. 60 as: . . . characterized by generally flat, sandy terrain [that] extends from the coast inland to approximately the 100 foot contour line. In the panhandle of Florida, the east-west trending Cody Scarp forms the boundary between the Gulf Coastal Lowlands and the topographically higher Tallahassee hills to the north. In Wakulla County, the Gulf Coastal Lowlands include the poorly-drained pine flatwoods, swamps, and river basins that extend from the Gulf north into Leon County . . . . [T]he Gulf Coastal Lowlands are locally divided into a series of geomorphic subzones. (Petitioners' Ex. 60, p. 4). A geomorphic subzone that occupies almost all of the eastern half of Wakulla County is the Woodville Karst Plain. The Woodville Karst Plain With extensions into southern Leon County and western Jefferson County, the Woodville Karst Plain takes up almost all of the eastern part of Wakulla County, that is the portion of the county east of the Apalachicola National Forest. It is described by the Florida Geographical Survey, (FGS) an entity within the Department of Environmental Regulation as follows: East of a line drawn roughly north-south through the towns of Crawfordville and Panacea, the topography is comprised of an essentially flat veneer of sand overlying karstic limestone bedrock. Elevations average less that 35 feet above [mean sea level]. * * * The Woodville Karst Plain comprises the entire eastern portion of Wakulla County. Bounded on the west by the Apalachicola Coastal Lowlands, it extends eastward into Jefferson County and north to the Cody Scarp. A surface veneer of generally less than 20 feet of quartz sand lies on the karstic St. Marks Formation and Suwannee Limestone. The result is a topography of low sand dunes and sinkholes sloping gently towards the coast. Vegetation patterns on the plain vary with the degree of drainage. High and well-drained relict sand dunes at the north edge of the plain support a flora of pines, black-jack, and turkey oak trees. In contrast, wetter areas to the south are populated by cypress and bay trees . . . . Id., p. 7. The distinctiveness of the geomorphology of eastern Wakulla County is due to the Woodville Karst Plain's numerous karst features. Karst Features Karst features result when the limestone bedrock has been eroded by acidic rain water. If the erosion is sufficient to dissolve through the limestone sub-strata in a vertical fashion, there occur sinkholes or "Karst windows," a direct connection between the surface water and the aquifer. A wetland may be a karst feature, as well, although geologic tests are necessary to confirm whether a wetland is, in fact, a karst feature. A karst aquifer like the one below the Woodville Karst Plain is a limestone aquifer where extensive dissolution of limestone has occurred as the result of the acidic water interacting with it. If one were to examine the plain from above with the perspective of seeing the holes in the rock that lead to the aquifer, the plain would look like Swiss cheese. Because of the scattering of karst windows, sinkholes, caves and other features that give Karst topography a resemblance to Swiss cheese, Karst topographies like the Woodville Karst Plain are "typically highly vulnerable to contamination." Id. In karst settings where the aquifer is unconfined, as in the case of the Woodville Karst Plain, common contaminants such as fertilizers or household chemicals that reach or are deposited on the land surface are rapidly recharged to the aquifer through percolation or overland flow to a sinkhole. The Woodville Karst Plain's nature as an area of high recharge to the Floridan Aquifer is also promoted by its thin layer of clean sand that overlies the limestone. There are karst features, such as sinkholes, caves, springs and wetlands associated with these features throughout the State of Florida. These features put the state in a "fairly unique position." (Tr. 365). Among the prominent karst features in the Woodville Karst Plain that were the subject of evidence at the hearing are three: Wakulla Springs, the Spring Creek series of submarine spring vents, and Swirling Sink, the sinkhole into which Lost Creek flows at its termination not far from the Property at issue in this proceeding. Wakulla Springs A prominent feature of the Woodville Karst Plain, Wakulla Springs is a system of caves or conduits through which underground water flows before reaching the surface. It is located to the northeast of the Property at issue in this proceeding. Pollutants affecting Wakulla Springs come from the City of Tallahassee upgradient from the Springs. The contamination "stems from storm events, rain events, and runoff from the City of Tallahassee." (Tr. 391). The evidence in this proceeding did not establish that development on the Property will create adverse impacts to Wakulla Springs because the Property is downgradient from Wakulla Springs. There is another set of springs at issue in this proceeding for which the evidence leads to different conclusions: the fresh water springs the waters of which flow from Spring Creek through Karst features to discharge into the salt waters of the Gulf. Spring Creek Springs The Spring Creek submarine group, a series of seven spring vents that discharge fresh water into the Gulf of Mexico, begin at Spring Creek, five or six miles to the southeast of the property. Like Wakulla Springs, water flows through caves and conduits before emerging. Unlike Wakulla Springs in which the water flows only to the surface of land, waters from the Spring Creek group flow into the Gulf of Mexico. Freshwater springs in the state of Florida are estimated to number nearly 600. A first magnitude spring is one that "produce[s] the greatest amount of water." Petitioners' 54, p. 9. Of Florida's 33 first magnitude springs, the Spring Creek submarine group is the largest. The Spring group, therefore, is also the largest spring of the 600 or so in our State, the totality of which "may be the largest concentration of freshwater springs on Earth." Id., at 1. "Florida's Springs, Strategies for Protection and Restoration," prepared for the Secretary of the Department of Environmental Regulation and the Citizens of the State of Florida, by The Florida Springs Task Force in November of 2002, was data available to the County and DCA when the Amendment was considered. It states: A spring is only as healthy as its recharge basin . . . The groundwater that feeds springs is recharged by seepage from the surface through direct conduits such as sinkholes. Because of this, the health of spring systems is directly influenced by activities and land uses within the spring recharge basin. (Petitioners' Ex. 54, p. 11). The Florida Geological Survey is in the Division or Resource Assessment and Management in the Department of Environmental Protection. Its Special Publication No. 47 (the Special Publication), is entitled "The Spring Creek Submarine Group, Wakulla County, Florida," and is dated 2001. It states that "[g]round-water flow in the karst drainage system of the upper Floridan aquifer system of the Woodville Karst Plain is likely controlled in part by the fracture (lineament) pattern in the carbonate bedrock . . . ." Petitioners' No. 61, p. 10. A lineament is a "geologic term for a linear fracture or fault that typically is observed either in the field or through photographic analysis." (Tr. 395). The question "would . . . karst features be part of what caused a geologist to conclude that a lineament was present," elicted this response from Tim Hazlett, Ph.D., an expert in hydrogeology: Yes. The karst features and the lineaments typically coincide in karst environments because the lineaments provide preferential pathways for flows, so you'll get sinkholes, for example, that line up along a lineament. That's very typical in a karst situation. Id. The narrative in the Special Publication refers to Figure 7 which shows the fracture pattern of lineaments that run along Lost Creek and then continues in a southeasterly direction to Spring Creek. The Figure indicates "[p]ossible underground flow from Lost Creek to Spring Creek." Petitioners' No. 61, p. 11. The Special Publication states that "[b]ased on the predominant ground-water pattern of the Woodville Karst Plain, and the trend of the lineaments associated with both Lost Creek and Spring Creek, it is postulated that the upgradient source of groundwater supplying the Spring Creek springs is, at least in part, the surface water from Lost Creek. Lost Creek Originating in the Apalachicola National Forest just north of the county line, Lost Creek flows to the southeast. After crossing the Leon County line, it rambles roughly nine miles through forested lands in Wakulla County. The creek terminates when it turns underground into Swirling Sink, a sinkhole at a point southwest of the center of Crawfordville. As Intervenor Suber states in review of Petitioner Lambou's testimony, "Lost Creek is a surface stream that flows from Leon County, southeast through western Wakulla County to the western edge of the Woodville Karst Plain, where it disappears underground approximately a mile west of Crawfordville at a bridge at U.S. 319." Intervenor's Proposed Recommended Order, Para. 53, p. 15. When Lost Creek floods, waters to the southeast of the point at which the creek "disappears" form a sump or bowl in an area of low elevation that is contained within the bounds of State Road 319, State Road 98 and Rehwinkle Road. Also contained within these bounds and in the midst of the sump is the site of that with which this proceeding is concerned: the Property. The Property The Property is a 266-acre undeveloped tract located in the County off of Rehwinkel Road southeast of the City of Crawfordville. Formerly owned by St. Joe Timber Company, it is now owned by David F. Harvey, Rhonda K. Harvey, and L. F. Young. The timber company had used the Property for silviculture. The owners intend to sell it to Brad Suber for development purposes. The Property is bisected by a bay/cypress wetland. It occupies "on the order of 85 . . . [to] 86 acres" (tr. 580) of the Property. The wetland is described by others including Intervenor Suber as "large" (Suber PRO, p. 4, para. 13). The acreage it occupies on the Property will be referred-to in this order as the "Large Wetland." A report entitled "Environmental Report on Vegetation Communities, Wetlands, Protected Species and Wildlife on Rehwinkel Road Parcel Wakulla County, Florida" was prepared by Florida Environmental & Land Services, Inc., at the request of Intervenor Suber. On page 3 of the report, the Large Wetland is described: AREA 5 - Large bay/cypress wetland through center of parcel. This area comprises approximately 85 acres of the parcel. The swamp characteristics were similar throughout the swamp (except in AREA 9). Dominant tree species include bald cypress, black gum, red maple, sweetbay magnolia, and swamp tupelo. Many of the titi individuals were large enough to consider in the canopy layer. There were few shrubs other than titi and young individuals of the canopy species. There was essentially no groundcover layer because of long inundation periods, the winter sampling and a closed canopy. The trees showed evidence of long periods of inundation such as lichen lines, buttressing, hummocking, and stained trunks. There was heavy inundation within the access roads. No flows were evident. Joint Ex. 2, p. 367, (e.s.) The reference to the acreage of the Large Wetland was not intended to be a "definitive wetland delineation," rather "it was intended to just give an idea of [the] size . . . of the [Large] [W]etland . . . " (Tr. 859). Other evidence of record, however, establishes that the approximation was quite accurate. (See paragraphs 56 and 57, below). The Large Wetland occupies at least 85 acres of the Property. A delineation using an acceptable current methodology could yield a figure significantly more than 85 acres. Portions of the Large Wetland are within the 100-year flood plain and are subject to flooding. The Large Wetland extends roughly from the east side of the Property to the west where it connects with the Lost Creek watershed. The Property also contains a portion of an isolated cypress swamp and numerous small wet depressional areas, each less than two acres in size, on the Northern Portion of the site. The acreage of wetlands in the Northern Parcel is not included in any reference in this order to the acreage of the Large Wetland. The Property does not currently contain any significant residential or non-residential development or structures. Near-by Land Uses The Property is contiguous to land with the following FLUM designations: Urban-1 and Agriculture to the north; Rural- 1 and Rural-2 to the east and southeast; and Agriculture to the southwest and west. Lands located to the north, east and southeast of the Property are developed with scattered low density residential uses or are vacant. These lands include nearby agricultural land and a 1,100-acre tract recently re-designated Rural-1 from Agriculture. Land use bordering the property on the south, southwest and west is Agriculture. There is also a golf course to the south. The designation of use of the land bordering the Property on the southeast is Rural-2. Rural-1, Rural-2, and Agriculture Rural-1, also referred to by the Wakulla County Comprehensive Plan (the Plan) as "Agriculture/Rural Fringe," is a conventional agriculture and low density residential designation. Residential densities in the Rural-1 future land use category are one unit per five acres on paved County or state roadways, or one dwelling unit per ten acre on unpaved roadways. Rural-2, the designation of twenty of the acres of the Property re-designated by the Ordinance, is described in the Plan: Description - This designation provides for development of rural areas near emerging urban areas with a range of agricultural, residential, and supporting limited commercial activities. In addition, this classification includes some existing subdivisions. Specific areas for residential and commercial development in this designation are not shown on the map but are governed by the policies in this section which include criteria for the different kinds of development. (Joint Ex. 3, FLUE-8). The description states that existing rural enclaves, those "isolated from traditional rural or urban services such as central water and sewer service" (id.), are also identified by the Rural-2 designation. Industrial uses are prohibited in Rural-2. Commercial development on arterial and collector roads subject to conditions is permitted. Public land use including schools subject to certain conditions is permitted. Residential development is permitted, as are "[g]eneral agriculture and forestry activities . . . along with accessory activities." Id. The density limitations for residential in Rural-2 are "up to one (1) unit per two (2) acres with central water service or one (1) dwelling unit per five (5) acres without." Id., at FLUE-8 and 9. Actual density permitted, however, is based on access: Where average lot sizes (exclusive of open space in cluster or PUD developments) are less than (5) acres, each lot shall have frontage on a paved public road or on a private road maintained by an owners association and meeting the standards of Traffic Circulation Element Policy 2.3. Where average lot sizes . . . are greater than five (5) acres but less than ten (10) acres, each lot shall have frontage on a public road or on a private road meeting [certain standards]. Where average lot sizes . . . are ten (10) acres or more, access shall be provided. Id., at FLUE-9. The Plan has requirements for calculating residential density in areas that are wetlands or habitats for threatened or endangered species or wetlands. Habitat density is "maintained at the residential land use density for that land use designation." Id. Wetland density is "at an overall density of one (1) unit per twenty (20) acres." Id. Agriculture is also referred to in the Plan as "Primary Agriculture." Description - This designation is designed to address large scale timber industry and/or farming activities on privately owned property, along with limited non- agricultural uses. Joint Ex. 3, p. FLUE-4, Future Land Use Policy 1.2.2.(1). Uses allowed include forestry and agricultural uses and processing activities, including ancillary processing uses such as sawmills, residential uses at a maximum overall density of one unit per 20 acres, and public uses. Id., Policy 1.2.2.(2) and (3). Application for a Map Amendment The process that led to the Ordinance's passage in October of 2002 commenced on December 28, 2001, with the submission of the Owners' application for a comprehensive plan map amendment. The Owners applied for an amendment that changed all 266 acres, the 246 acres of Agriculture and the 20 or Rural- 2, to Urban-1. Urban-1, is also referred to in the Plan as "Urban Fringe." Description - This designation provides for higher density development in rural areas which are near urban areas or which are intended to become urban during the planning period. When full urban services are in place, an area designated for Urban-1 shall be converted to Urban-2 through the plan amendment process. This designation also accommodates existing clusters of development not strictly consistent with the Rural designation. Joint Ex. 3, p. FLUE-10, Future Land Use Element Policy 1.2.5.(1). Permitted uses under Urban 1 include residential and commercial development. Public uses including schools are permitted under certain circumstances. Light industrial and manufacturing uses may be permitted subject to location and compatibility standards. Among the density/intensity limitations in 1.2.5 of the Plan are residential at one unit an acre where no central sewer is available and at two units an acre where soil tests determine suitability for septic tanks and where central water is available. Under the proposed amendment, therefore, the maximum density allowable on 266 acres of Urban-1 would be 524 units. As explained elsewhere in this order, however, only 202 acres were re-designated Urban-1, making 404 units the maximum density pursuant to the re-designation. Transmission to DCA The proposed map amendment and two proposed text amendments were transmitted to DCA for review on May 6, 2002, with copies to various review agencies. Included in the plan amendment transmittal package was a copy of a recorded agreement entered by the property owners and Wakulla County entitled "A Development Agreement Restricting the Density of a Comprehensive Plan Amendment." Joint Ex. 1, p. The agreement restricts development on the 266-acre property "to facilitate the Owner's request" to "residential density maximum of one dwelling unit to the acre of uplands and developed on central sewer and water" Joint Ex. 1, p. 65. The restriction "shall run with the land and permanently restrict the use of the said land." Id. p. 66. Despite the maximum density allowable under the Amendment of 404 units, the Development Agreement restricts maximum density to 202 units. Development Agreements are data. Nonetheless, as explained by Charles Gauthier, the DCA's Chief of the Bureau of Local Planning, The review of future land use map amendments needs to be based on the maximum development potential available through the comprehensive plan. Development agreements, while important information, are outside the plan, so the level of development or other commitments in a development agreement aren't part of the direct plan or review, but its important information to understand the specific development agreement that's occurring. (Tr. 118, 119). This testimony is taken to mean that DCA review of a Comprehensive Plan Amendment must be conducted on the basis of maximum allowable density under the Amendment even if that density is restricted by the Development Agreement. Other data in the agreement, however, such as data related to provision of public services is relevant to a "compliance" determination. Regional Planning Council Objection On June 13, 2002, the Apalachee Regional Planning Council (RPC) issued its report. The RPC objected to the map amendment proposed by the Owners on four grounds, each followed by a recommendation. The first three objections related to density, commercial use and access. The RPC recommended density of no more than one unit per acre, retention of square footage policies concerning commercial development and provision of additional access. The fourth objection and recommendation concerned wetlands and floodplain areas: Objection 4: Of the 266 acres proposed to be changed to Urban 1, approximately 100-110 acres are wetland and 130-140 acres are within the 100 year floodplain. Recommendation: Do not include the wetland and floodplain areas in the land use change. Joint Ex. 2, p. 204. State Agencies Other Than DCA The Department of Environmental Protection (DEP) reported its review of the proposed change in a letter dated June 18, 2002. It provided comments and recommendations, also expressing concern about wetland and flood plain area protection: As indicated in the site assessment reports provided, a significant portion of the Rehwinkel Road Parcel is located within Flood Zone A on the Wakulla County Flood Insurance Rate Map, Panel #120315 0250 B (1983). The flood plain wetlands at the center of the site contain drainage soils (primarily Lakeland, Otela and Ortega sands). The uplands to the north also contain numerous wet depressional areas - likely karstic sinkhole features. The Department recommends that the proposed residential development be limited to upland areas outside of Flood Zone A and that wetland/floodplain areas be given a conservation designation to prevent encroachment after initial construction. Prior to finalizing infrastructure development plans for the subject parcel, delineation and state verification of the landward extent of wetlands should be obtained, in accordance with the guidelines of Rule 62-340, F.A.C. Because the proposed development would be located on highly- permeable soils adjacent to seasonally inundated areas, we recommend that the applicant consider a full range of planning strategies to buffer wetlands/floodplain, limit impervious surfaces and treat stormwater to protect groundwater and nearby surface water resources. The proposed central water and sewer systems will reduce potential water quantity and quality impacts from potable water well withdrawals and septic tank system contamination. Early coordination of project plans with the Department's Northwest District Branch Office in Tallahassee is recommended to facilitate infrastructure design and prevent future permitting problems. Joint Ex. 2, p. 205. The Department of State reported that an archaeological site is recorded as a "general vicinity" site adjacent to the Property and that "aboriginal 'house' sites" are reported throughout the area. Id., p. 192. It stressed the "county's responsibility to ensure its historic sites and properties are considered when land use changes occur" and recommended "that the county sponsor a systematic survey of this parcel before allowing any changes in land use which will increase its density or intensity." Id. The Department of Transportation (DOT) had no objections, comments or recommendations as of its June 4, 2002, communication by letter with DCA. The communications from the RPC, DEP, Department of State, and DOT were reviewed by DCA prior to its issuance of an ORC Report. ORC Report Issuance of an "Objections, Recommendations and Comments" Report (an ORC) by the Department of Community Affairs is done whenever DCA has problems with a comprehensive plan amendment that could lead to a finding that the amendment was not in compliance if left unresolved. An ORC was issued to Wakulla County for the proposed FLUM amendment. The ORC, under cover of a letter to the Chairman of the Wakulla County Board of Commissioner dated July 18, 2002, stated the following: Objections, Proposed Amendment 3: The proposed map amendment does not demonstrate the suitability of this site for development considering the extensive wetlands and floodplains in the areas that are proposed for conversion to the Urban-1 Future Land Use Category. The proximity to the water table to the land surface, existing karst sinkhole features, extensive wetlands and 100 year floodplain indicate a high potential for water quality degradation and ground water contamination. Development of the southwestern portion of the site would require constructing road access through extensive wetlands and would place the singe access road within the 100 year floodplain. Potential isolation of this site during floods creates the potential for public safety, emergency management and evacuation problems. The proposed amendment is not consistent with Rule 9J-5.006(2)(b)1. and (2)(e), FAC, concerning site suitability; Rule 9J-5.-- 6(3)(b)4, requiring protection of natural resources; Chapter 163.3178(d)(d) concerning public evacuation during natural disasters; and Rule 9J-5.006(2)(c) and Chapter 163.3177(6)(a) concerning need analysis. Recommendations: The land use change should be limited to the northern parcel with road access. The large, contiguous areas of wetlands and floodplain areas and the southern isolated parcel should not be included in this proposed land use change to the Urban-1 Future land Use Category at this time. Designation of the wetland areas as Urban on the FLUM implies a development potential. Wetlands and floodplains should be designated appropriately on the FLUM to prevent encroachment from incompatible land uses. Currently, the Conservation Future Land Use Category as written in the County's comprehensive plan is intended only for publically [sic] owned lands. This category could be amended to also afford protection to environmentally sensitive, privately owned land. A needs analysis of the Urban 1 and 2 areas of Crawfordville should be done to support the need for the proposed land change. Consistency with Chapter 187, Florida Statutes. The proposed amendment is not consistent with the following provisions of Chapter 187, FS: !87.201(10), FS, [sic] concerning the protection of ecological systems such as wetlands. 187.201(16), FS, concerning direction development to areas that can accommodate growth in an environmentally acceptable manner and the separation of urban and rural uses. By addressing the objections noted in Section I., these inconsistencies with Chapter 187, FS, can be addressed. Joint Ex. 2, p. 223-4. An ORC Report provides an opportunity for DCA to raise questions about a proposed plan amendment and seek additional information. If the local government rejects DCA's recommendation, that does not necessarily mean that a plan amendment will be found not in compliance. Response to the ORC In response to the ORC, the County left 64 acres of the Large Wetland under the Agriculture designation. It did so after determining the Large Wetland to constitute 63.8399 acres of the Property. In computing the size of the Large Wetland, the County did not follow DEP's recommendation that it use the delineation methodology prescribed by Rule 63-340, Florida Administrative Code. Instead, the County used a Florida Land Use, Cover and Forms Classification System map, (the FLUCCS), the source of which was "FDEP," that shows the Large Wetland to be "63.8399 acres," (Joint Ex. 2, p. 196, 197), or slightly less than 64 acres. No data other than the FLUCCS was used by the County in determining the size of the wetland. The 64 or so acres identified on the FLUCCS was omitted from the proposed land use change and was left under the pre-amendment Agriculture designation as suggested by DCA in its ORC. Other available data, existing at the time of the Amendment, such as an orthoquad aerial depiction, demonstrate that the Large Wetland is significantly larger than 64 acres. Using soil maps and a planimeter, as explained by Petitioners' witness Craig Diamond: . . . generated large[] numbers. The flood plain is far greater than the wetlands on site, and the soils maps . . ., includes some . . . soils that are saturated or that exhibit moderate constraints with regard to drainfields. You . . . end up with number greater than 85 acres . . ., it's up in the hundred acre-plus range. (Id.) The decision of the County to leave only 64 acres of the Large Wetland was not based on the best available data. Use of available data existing at the time of the Amendment and that is better than the FLUCCS, such as aerial photography, soil maps, topographical maps and floodzone maps would have yielded a much higher number of acres than 64, just as did the approximation submitted with the proposed plan amendment by Mr. Suber. The size of the Large Wetland is at least 85 to 86 acres, and may be significantly greater. The Future Land Use Map Amendment On October 21, 2002, Wakulla County amended its Future Land Use Map (the FLUM). The Amendment was accomplished with the passage of Ordinance Number 2002-28, (the Ordinance) by the Board of County Commissioners of Wakulla County. The Amendment is described in the body of the Ordinance in technical terms: Future Land Use Map: Herein adopts the FLU Map revision as shown on the FLU Map dated October 21, 2002, consisting of: A revision or modification resulting from the adoption of the proposed County FLU Map Amendment Application Number CP01-05 of Amendment Cycle 2002-02, as cited in the ORC report by the Department of Community Affairs, from Agriculture and Rural-2 to Urban-1 Land Use Designation; Joint Ex. 1, Ordinance Number 2002-28, Amendment Ordinance, Page Three, Section 2. In essence, the Amendment changed to Urban-1, two FLUM designations of the Property in Eastern Wakulla County. The designations were changed from Rural-2 as to 20 acres of the Property and from Agriculture as to 182 acres of the Property. The 64 acres of the property not re-designated as Urban-1 remained designated as Agriculture. Given the configuration of the 64 acres of the Property left under the Agriculture designation, there are three separate parcels in the Property that were re-designated Urban- One is a portion on the Property north of the parcel (the Northern Parcel) that contained the 20 acres that had been Rural-2, as well as acres that had been agriculture. The second is a small portion to the northwest of the property (the Sliver) that is surrounded, for the most part by the Large Wetland. The third is a portion on the Property south of the Large Wetland (the Southern Parcel). Transmission to DCA, Review and an "In Compliance" Determination The Map Amendment was transmitted to DCA for review on November 1, 2002. On December 11, 2002, DCA issued its Notice of Intent to find the adopted Map Amendment in compliance. On January 30, 2002, the Apalachee Regional Planning Council approved a recommendation from its staff that the Amendment was consistent with the Apalachee Strategic Regional Policy Plan. In the meantime, on January 2, 2003, DCA received the petition for formal administrative hearing that initiated this proceeding. The Parties Petitioners Robert Alessi, Ronald Capron, Chad Hanson, Victor Lambou, and David Westmark are all residents of Wakulla County and owners of property in the county. Alessi and Capron live adjacent to the site of the FLUM Amendment that is the subject of this proceeding. All five of the Petitioners submitted written or oral comments to Wakulla County during the period of time between transmittal of the Amendment to the Department for review and final adoption of the Amendment by Wakulla County. Wakulla County (the County) is a local government subject to the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The County adopted the Amendment found "in compliance" by DCA that is the subject of this proceeding. The Department of Community Affairs (DCA or the Department) is the state land planning agency. It has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (the Growth Management Act). Among its responsibilities is the review of local government comprehensive plans and amendments pursuant to the Growth Management Act. The Department's Notice of Intent to find the contested Amendment "in compliance" is the agency action that is at issue in this proceeding. Intervenor Brad Suber is a resident of Wakulla County. He is the developer and contract vendee of the property that is the subject of this proceeding. Mr. Suber's contract with the Property's Owners obligates him to pursue the Amendment, zoning and permits for development of the property at his sole expense. Mr. Suber hired experts necessary to prepare and process the plan amendment application. Like the Petitioners, he also submitted written and oral comments to the County during the period of time between transmittal of the Amendment to DCA and final adoption of the Amendment by Wakulla County. The parties agree that the Petitioners and Intervenor Suber are affected persons as defined by the Growth Management Act with standing to participate in this proceeding. Petitioners' Challenge Petitioners raise issues that fall into seven categories: (1) failure to protect wetlands and other environmental resources; (2) lack of water and sewer; (3) flooding (4) lack of supporting data and analysis; (5) urban sprawl (6) lack of need for the amendment; and, (7) internal inconsistency with the existing Wakulla County Comprehensive Plan. Wetlands and Environmental Resources The County requires protection of the 100-year flood plain, prohibits disturbance of wetlands except to avoid a taking, requires that predevelopment water quality of wetlands be maintained, and requires that the water quality of Wakulla County's groundwater resources be maintained at or above state standards. Development is allowed in flood plains under the County's Plan, and flood plains are common throughout the eastern part of the County. The Comprehensive Plan's Objectives and Policies mitigate the impacts of a future land use map amendment. They do not excuse, however, an FLUM amendment that is based on data that is convincingly incorrect. The DRASTIC Maps referred to in Infrastructure Element Policy 1.3.1(2), show that all of eastern Wakulla County is in one of the environmentally sensitive categories. The Plan allows the use of septic tanks in these areas because if septic tanks were prohibited in environmentally sensitive areas, the limitation on development in eastern Wakulla County would be severe. The applicant submitted an environmental assessment of the property with the original plan amendment application. Figure 3 in the environmental report identifies the soil types and soil distribution on the property based on the U.S. Department of Agriculture's Soil Survey of Wakulla County, Florida, the data source referenced in Future Land Use Element Policy 5.12. Table 8 in the Soil Survey indicates whether the various soil types have slight, moderate, or severe constraints for the use of septic tanks for various types of buildings. The southern parcel is comprised of Lakeland sand and Otela fine sand. Both are considered upland soil types with only slight constraints for the use of septic tanks for dwellings without basements. The northern parcel consists of several soil types with the following constraints for use of septic tanks for dwellings without basements: 21 Lakeland Sand (predominant type) slight 17 Ortega fine sand slight 14 Ridgewood fine sand moderate 7 Otela fine sand slight 35 Rutledge severe Each of the above soil types is considered to be an upland soil, except for Rutledge soil located in the flood plain portion of the northern parcel. In addition, Plummer soil with severe constraints for use of septic tanks are located on the small area to the west of the northern parcel. These are not large areas compared to the remaining property and are not proposed for development in Mr. Suber's conceptual site plan. Soils with severe constraints are subject to state and local permitting standards at the development stage to insure that groundwater is not adversely affected. The Urban-1 future land use category authorizes residential uses at a density of two units per acre where soil tests determine suitability for septic tanks and where central water is available. The use of septic tanks on the property could adversely affect water quality by increasing the level of nitrates in the groundwater. The Wakulla County Comprehensive Plan contains the following objectives and policies related to septic tanks and water quality: OBJECTIVE 5: Development activities shall ensure the protection of natural and historic resources, and shall be limited where severe topographical and/or soil conditions exist. The land development codes shall be revised to implement this objective and the following policies: Policy 5.12: Proposed development in areas of severe soil limitations or topographic conditions, as identified in the U.S. Department of Agriculture, Soil Conservation Service, Soil Survey of Wakulla County, Florida (dated March 1991), shall be subject to density limitations and performance standards. The land development regulations shall establish these limitations and standards, including, but not limited to, the requirement that all development not served by sewer systems meet Florida Department of Health and Rehabilitative Services (HRS) standards for septic systems, Rule 10D-6, F.A.C., and requirements that certification of soil suitability be submitted for the technical review process prior to permitting of commercial buildings. Policy 7.5: All development in areas without central sewer services shall be governed by the provisions of section 381.0065, F.S., regulating on-site sewage disposal systems, and Chapter 64E-6, F.A.C., which regulates the installation of individual sewerage disposal facilities, unless otherwise specified. (Joint Ex. 3, pp. FLUE-23, 26, 28, Future Land Use Element.) OBJECTIVE 1.3: The County will implement mandatory requirements for inspections, operations and maintenance of on-site wastewater treatment systems. Policy 1.3.1: Use of on-site wastewater treatment systems shall be limited to the following conditions: * * * (2) Use of septic tank systems or alternative systems for new development will be allowed subject to modification in areas that are environmentally sensitive based on FDEP's "DRASTIC" map and other sources deemed appropriate. Policy 1.3.3: Issuance of all development orders or permits will be conditioned upon demonstration of compliance with applicable federal, state and local permit requirements for on-site wastewater treatment systems. (Joint Ex. 3, pp. IE-3, 4, Infrastructure Element.) Findings related to Wetlands and Natural Resources are in paragraphs 6-26 and 28-33, above. Sewer and Water Currently, there are no water or sewer services at the site of the Property. Subject to amendment of the City of Sopchoppy's Comprehensive Plan, water to the Property can be provided by City of Sopchoppy Water, as stated in the plan amendment application and as relayed to the County Planning Commission and Board of County Commissioners by Mr. Suber's engineer. County sewer lines are located within one or two miles of the Property in two locations. Although the provision of sewer services to the Property is the responsibility of Wakulla County, any sewer lines run to the Property will be constructed at the expense of the owners or developer. The lines will be conveyed to the County. Joe Richey, the County's Director of Community Development, testified that Wakulla County is the sewer provider, and that capacity is available to serve development of the subject property. Capacity is a term that relates to the size of the sewer plant. The existence of "capacity" does not mean the County has a plan or intends to provide sewer lines. Department staff recommended that DCA not find the amendment in compliance in part because there was no corresponding amendment to the capital improvements schedule setting out the time frame for when public facilities would occur, who was going to pay for them and who was responsible for maintaining them. While the County may not have a plan, the developer would be responsible for running sewer lines to the property and would turn the lines over to the County under the Development Agreement between the County and the property owners. The agreement reflects the commitment of both that the subject property be served by central sewer. There is no requirement that a local government have a future conditions map for water and sewer facilities. At some time before development on the subject property occurs, the County's Plan should be amended to reflect the provision of sewer services to the property if it is developed on sewer. It is not necessary, however, that Wakulla County amend its Capital Improvement Element of its Plan to reflect the provision of sewer service to the property concurrent with the subject future land use map amendment. The plan amendment application, the Development Agreement and the testimony at hearing reflect that the Property will be developed with central water and sewer. Flooding Department staff testified there was not enough information provided by the County on flooding problems associated with the Amendment: great deal of Wakulla County is in various hurricane evacuation zones . . . because of the limitations of the site being in a hundred-year flood plain and in a wetlands system, . . . if a hurricane or a storm event came through and the property was flooded, there would be difficulty evacuating the residents from that property. [DCA Staff] felt like the County had not provided us information to refute that. (Tr. 91, 92). But Joe Blanchard, Director of Wakulla County Emergency Management, testified that there is adequate road capacity on Rehwinkel Road to evacuate residents of 404 units, the maximum allowed under the Amendment. Director Blanchard also testified that if 404 units were built on the Property and were to be evacuated in the event of flooding, that there is not currently capacity to shelter them but that there is hope to have adequate shelter soon: We probably do not [have adequate shelter for 404 new units at the Property] . . . [T]hrough a grant hopefully we will have the Shadeville School very soon approved. It is now approved as a shelter, it just doesn't have the shutters in place. Once the Shadeville School is complete, we will have a surplus of shelter space. (Tr. 1089). He was not asked a question about current capacity to shelter residents of the 202 units to which the Property is restricted by the Development Agreement. "Storm surge is the abnormal rise in water level caused by the wind and pressure forces of a hurricane or tropical storm. Storm surge produces most of the flood damage and drownings associated with storms that make landfall or that closely approach a coastline." Petitioners' Ex. 21, Introduction. Most of the Property would be inundated by storm surge during a Category 2 Hurricane, a hurricane with less force and storm surge than a Category 3. (See Petitioners' Ex. 21, Plate No. 5. Petitioners offered no evidence at hearing, other than Mr. Blanchard's reference to evacuation in the event of a Category 3 hurricane, of the contents of an applicable county or regional hurricane evacuation plan. Data and Analysis Following the staff recommendation, DCA determined that "the data was somewhat weak and the analysis was weak, but . . . relevant, and given the nature of the amendment, ultimately appropriate." (Tr. 117). The data concerning the size of the Large Wetland was not merely weak. It was incorrect. It was also determined above the staff level at DCA that "there was a lack of adequate issues . . . adverse impacts to find the amendment not in compliance . . . essentially . . . there was a lot of smoke but no real fire with the amendment . . . [because] the staff recommendation was more based on the incomplete analysis." (Tr. 120, 121). From this record, it appears that with regard to wetlands incorrect data was used by the County. This data was not corrected when DCA conducted its review that led to its finding of "in compliance." Furthermore, the analysis conducted after the staff recommendation did not include available data and analysis that indicate adverse impacts to natural resources related to the Large Wetland. It must be recognized that each future land use category in the County's Plan that allows residential use contemplates that wetlands will be included in the category and limits densities in those wetlands. Furthermore, there is no express statutory or rule prohibition against including wetlands in a land use category that authorizes development, and the County's Plan, which does just that, has been found in compliance. That is not to condone, however, an amendment that is founded on incorrect data or incomplete analysis. This record demonstrates that the amendment designated at least 21 acres of the Large Wetland as Urban-1 and that the designation poses a potential for pollution to groundwater and surface waters. The amendment is not supported by available data and analysis concerning the wetlands and the impact development could have on natural resources. The County did not react to available data with regard to the wetlands and natural resources in an appropriate way when it designated 202 acres of the Property Urban-1. Need Both Intervenor's expert land use planner and the County's Director of Community Development testified that there is a need for the map amendment. The opinion of Intervenor's expert is generally based upon the location of the property adjacent to the urbanizing Crawfordville area; the fact that the number of units potentially authorized by the map amendment is largely offset by urban lands acquired by the state and federal governments in the Coastal High Hazard Area (CHHA) that are no longer available for urban development; continuing state acquisition efforts in environmentally sensitive areas; the relatively few future land use map amendments for residential uses that have occurred since Plan adoption; and an analysis of population projections compared to the residential development potential of the various future land use categories under the County's Comprehensive Plan. Rule 9J-5.006(2)(b) provides: (2) Land Use Analysis Requirements. The element shall be based upon the following analyses which support the comprehensive plan pursuant to subsection 9J-5.005(2), F.A.C. * * * An analysis of the character and magnitude of existing vacant and undeveloped land in order to determine its suitability for use, including, where available: 1. Gross vacant or undeveloped land area . . . . Wakulla County has not tracked development and does not have information available on undeveloped land. Since Rule 9J-5.006(2)(b)1. expressly requires an analysis of vacant or undeveloped land area only if the data is available, the amendment cannot be found not "in compliance" for failure to comply with Rule 9J-5.006(2)(b)1. Rule 9J-5.006(2)(c) requires: An analysis of the amount of land needed to accommodate the projected population, including: The categories of land use and their densities or intensities of use; The estimated gross acreage needed by category; and A description of the methodology used. The Property is located immediately adjacent to the City of Crawfordville urban area and other lands designated Urban-1 on the County's Future Land Use Map. The Courthouse in Crawfordville is the center of the County and is approximately 1.2 miles from the property. Crawfordville is the County seat where public buildings and services are located. It is the County's employment center, with banks, grocery stores, beauty salons, and other businesses, all within a few miles of the property. The only other areas of the County designated for urban development are in Panacea and Shell Point. Both of these areas are within the CHHA. The County's Comprehensive Plan contains policies to discourage high-density growth in the CHHA, direct population concentrations away from the CHHA, and limit public expenditures that subsidize development in the CHHA. It is more appropriate to encourage development adjacent to the growing Crawfordville area than in the CHHA or other areas of the County. In 1999, the State of Florida acquired 41 acres in the CHHA in Panacea for conservation and recreation land uses. This land is designated Urban-2 on the County's Future Land Use Map. The maximum potential residential density on the 41 acres acquired by the State was 164 dwelling units. In 2001, the federal government acquired 90+ acres near Shell Point for a wildlife refuge. This property is also in the CHHA and is designated Urban-1 on the County's Future Land Use Map. The maximum potential residential density on this 90+ acre acquisition is at least 180 dwelling units. Wakulla County is in the process of preparing a plan amendment to change the use of land for all government acquisitions of land that have occurred in the County. Based on the Future Land Use Map, all such acquisitions are redesignated to the Conservation future land use category, which is consistent with the public purposes for which the lands are acquired. The Amendment at issue in this case will result in a maximum potential increase of 375 residential units on the property, based strictly on the density limitations in the future land use categories. The combined maximum potential density on the properties acquired by the State and federal governments is 344 residential units. If the maximum development potential on the subject property is offset by the maximum development potential of the recently acquired public lands, the Amendment will increase the overall maximum potential residential density in Wakulla County by only 31 dwelling units. The analysis of Intervenor's expert contained a number of computational errors. These errors did not affect the offset of the loss of residential land purchased by government. Urban Sprawl When taken as a whole, the Amendment does not contribute to urban sprawl. The property abuts urban areas near the "downtown" section of Crawfordville. It is within a development corridor for the County. It is a relatively small parcel of land. Internal Inconsistency Petitioners contend that the Amendment produces an internal inconsistency because policies of the conservation element relied upon for protection against adverse impacts to wetlands and natural resources have not been implemented by the County through the adoption of land development regulations. The Department responded with an explanation of its scope of review of amendments to comprehensive plans: [DCA's] assumption and . . . review [is] based on the policies in the plan, and [the] premise that these polices were followed through on. The Department does not have any direct purview over land development regulations or development permits . . . [I]f third parties believe the County had not put land development regulations in place or had in place inconsistent regulations or was issuing inconsistent development permits, Chapter 163 offers different challenge mechanisms for those matters. [DCA] review is . . . based on the corners of the plan and the policies of the plan . . . (Tr. 178, 179).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Community Affairs enter a final order determining that the amendment to the Future Land Use Map of Wakulla County's Comprehensive Plan passed by Ordinance 2002-28 of the Board of Commissioners of Wakulla County be determined to be not "in compliance." DONE AND ENTERED this 11th day of July, 2003, in Tallahassee, Leon County, Florida. S DAVID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of July, 2003. COPIES FURNISHED: Colleen M. Castille, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 100 Tallahassee, Florida 32399-2100 David Jordan, Acting General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 325 Tallahassee, Florida 32399-2100 Terrell K. Arline, Esquire 3205 Brentwood Way Tallahassee, Florida 32308-2705 Debra A. Swim, Esquire 1323 Diamond Street Tallahassee, Florida 32301 Donna Biggins, Esquire 515 North Adams Street Tallahassee, Florida 32301 Craig Varn, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Sherry A. Spiers, Esquire Law Offices of Robert C. Apgar, P.A. 320 Johnston Street Tallahassee, Florida 32303
Findings Of Fact Parties Petitioners Austin, Houston, and Dorn all reside in the City of Cocoa (Cocoa or City). Petitioners Hendry both reside in Cocoa. The Department of Community Affairs (DCA) is the state land planning agency under the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (the Act). Cocoa is located entirely within Brevard County, which is within the jurisdiction of the East Central Florida Regional Planning Council (the Regional Planning Council). The resident population of Cocoa is presently about 18,000 persons. The City encompasses over 4500 acres and abuts the Indian River, which is also identified as the Indian River Lagoon. Preparation of Proposed Plan By Ordinance 6-86, which was adopted on March 25, 1986, the Cocoa City Council designated the Cocoa Planning and Zoning Board as the local planning agency under the Act. The Planning and Zoning Board thereby became responsible for preparing the Cocoa comprehensive plan required by the Act (the Plan), conducting public hearings on the Plan, and recommending the Plan to City Council for adoption. In February, 1987, Cocoa entered into a contract with the Regional Planning Council for assistance in preparing the Plan. Pursuant to the contract, the Regional Planning Council drafted all elements of the Plan except the Potable Water Subelement of the Public Facilities Element and related portions of the Capital Improvements Element, which CH2M Hill prepared; the Wastewater Subelement of the Public Facilities Element and related portions of the Capital Improvements Element, which Camp, Dresser and McKee prepared; and the Solid Waste Subelement of the Public Facilities Element and related portions of the Capital Improvements Element, which the City prepared. On November 7, 1987, a 4 1/4" by 3" display advertisement in the Florida Today newspaper announced that Cocoa had begun to prepare an update of its comprehensive plan in conformance with the 1985 Local Government Comprehensive Planning and Land Development Act. The advertisement stated that the preparation of the update "will have the effect of regulating the use of lands within the municipal limits of the City of Cocoa." The advertisement advised that copies of documents prepared during the updating process would be on file in the City's Community Improvement Department. The advertisement added that the public would be informed of public meetings through the news media and bulletins posted at City Hall. The Florida Today newspaper is a standard-sized newspaper of general paid circulation in Brevard County and of general interest and readership in Cocoa. The newspaper is published at least five times a week. All advertisements described herein appeared in the Florida Today newspaper and adequately identified the location of the advertised meeting or documents. On November 17, 1987, a 1 1/4" by 2 3/4" classified-type advertisement announced a meeting of the Planning and Zoning Board on November 18, 1987, at 5:15 p.m. for the purpose of discussing preliminary drafts of the Traffic Circulation and Recreation and Open Space Elements of the Plan. The advertisement stated that copies of the relevant documents could be obtained from the Community Improvement Department. On November 18, 1987, the Planning and Zoning Board conducted a public hearing on the Traffic Circulation and Recreation and Open Space Elements. On November 28, 1987, a 1 1/4" by 2 3/4" classified-type advertisement announced a meeting of the Planning and Zoning Board on December 2, 1987, at 5:15 p.m. for the purpose of discussing preliminary drafts of the Housing and Conservation Elements of the Plan. The advertisement stated that copies of the relevant documents could be obtained from the Community Improvement Department. On December 2, 1987, the Planning and Zoning Board conducted a public hearing on the Housing and Conservation Elements. There is some evidence to suggest that discussion of the Conservation Element was carried over to the next regularly scheduled meeting of the Planning and Zoning Board on December 9, 1987. On January 9, 1988, a 1 1/4" by 2 3/4" classified-type advertisement announced a meeting of the Planning and Zoning Board on January 13, 1988, at 5:15 p.m. for the purpose of discussing the Drainage Subelement of the Public Facilities Element and the Coastal Management Element. The advertisement stated that copies of the relevant documents could be obtained from the Community Improvement Department. On January 13, 1988, the Planning and Zoning Board conducted a public hearing on the Drainage Subelement of the Public Facilities Element and the Coastal Management Element. On February 25, 1988, a 1 1/4" by 5 3/4" classified-type advertisement announced meetings of the Planning and Zoning Board on March 9, 1988, at 5:15 p.m. and the City Council on March 22, 1988, at 7:00 p.m. for the purpose of hearing all interested persons on the Future Land Use and Capital Improvements Elements of the Plan. The advertisement stated that copies of relevant documents could be obtained from the Community Improvement Department. The record is unclear as to whether these meetings took place, although the Planning and Zoning Board met on March 23, 1988, and discussed the Future Land Use, Intergovernmental, and "Capital Facilities" Elements, as well as the "Sanitary Sewer" Subelement of the Public Facilities Element. On March 28, 1988, a 4 1/4" by 3" display advertisement described the planning process in the same manner as did the November 7 display advertisement. The March 28 advertisement announced that the Planning and Zoning Board and City Council would hold joint workshops on March 29, 30, and 31, 1988, at 5:15 p.m. to discuss "public facilities, coastal management, housing, transportation, recreation and open space, intergovernmental coordination, capital improvement and future land use elements." The advertisement stated that copies of relevant documents could be obtained from the Community Improvement Department. The record is unclear as to whether these meetings took place as scheduled, although, at minimum, it appears that the March 29 meeting took place. On April 23, 1988, at 5:15 p.m., the Planning and Zoning Board commenced a special meeting with the following persons present: six members and the chairman of the Planning and Zoning Board, four members of the City Council and the Mayor, the City Manager and Assistant City Manager, the Community Improvement Administrator, a City planner, and four representatives of the Regional Planning Council. The purpose of the meeting was to consider the Future Land Use, Traffic Circulation, Housing, Public Facilities, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination, and Capital Improvements Elements of the Plan. The Future Land Use Element was unavailable, so the City Council postponed the discussion of this element until a later date. At the April 13 meeting, Rochelle Lawandales, the Community Improvement Administrator, stated that no formal action would be taken at the workshop, but that the Plan would go before the City Council on April 26, 1988, at 7:00 p.m. during a public hearing. At the conclusion of the April 26 hearing, the City Council would be expected to authorize staff to submit the Plan to DCA. The April 13 meeting was adjourned at 8:05 p.m. On April 19, 1988, at 5:15 p.m., the Planning and Zoning Board began a special meeting with largely the same persons who attended the April 13 meeting. The purpose of the meeting was to discuss the Future Land Use Element and Future Land Use Map. The discussion culminated in the consensus that the Planning and Zoning Board would recommend that the City Council transmit the Plan to DCA. The meeting adjourned at 6:55 p.m. Transmittal of Proposed Plan to DCA On April 19, 1988, a 6 1/2" by 10 1/2" display advertisement with a large-type headline appeared on page 5 of Section B of the newspaper. The advertisement, which was in the form prescribed by Section 163.3184(15)(c), Florida Statutes, announced that the City Council proposed to change the use of land within the City and that on April 26, 1988, at 7:00 p.m. the City Council would conduct a public hearing on the Plan proposed to be sent to DCA (Proposed Plan). The advertisement contained a large map of Cocoa with major street names indicated, listed the nine major elements of the Proposed Plan, and advised that interested persons could submit written comments or attend the public hearing to be heard regarding the transmittal of the Proposed Plan to DCA. The advertisement stated that the City Council would not give final approval to changes proposed at the hearing, which was described as part of the process designed to lead to the eventual adoption of the Plan. On April 26, 1988, the City Council conducted a public hearing. Following receipt of public comment, which was relatively limited, Mayor Dollye Robinson closed the public hearing, and the City Council unanimously approved Resolution No. 88-17, which authorizes the transmittal of the Proposed Plan to DCA. On May 1, 1988, DCA received the City of Cocoa-- Comprehensive Plan, which consists of two volumes. Volume I is Background Analysis. Volume II is Goals, Objectives, and Policies. DCA also received a document containing population estimates for Cocoa and an Evaluation and Appraisal Report (EAR), dated April, 1988, assessing the performance of the Cocoa comprehensive plan adopted under the Local Government Comprehensive Planning Act of 1975. (The Proposed Plan and Plan are unrelated to the comprehensive plan assessed in the EAR.) On May 8, 1988, a 4 1/4" by 3" display advertisement announced that the Proposed Plan and supporting documentation were available for review at the public library and city hall. Proposed Plan: Goals, Objectives, and Policies General The Act requires that each comprehensive plan contain eight or nine major elements: Capital Improvements; Future Land Use; Traffic Circulation; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge (identified as the Public Facilities Element in the Proposed Plan and Plan); Conservation; Recreation and Open Space; Housing; Intergovernmental Coordination; and, if applicable, Coastal Management. Each element comprises goals, objectives, and policies, which respectively represent long-term ends, criteria by which progress toward the goals can be measured, and programs and activities by which the goals are to be achieved. The goals, objectives, and policies in the Proposed Plan are largely carried over to the Plan. Future Land Use Element and Map The Proposed Plan contains two objectives under the Future Land Use Element. They are: Objective 1.1: Future growth and development will be managed through the preparation, adop- tion, implementation and enforcement of land development regulations. Objective 1.2: Future development and redevel- opment activities shall be directed in appro- priate areas as depicted on the Future Land Use Map, consistent with sound planning principles, minimal natural constraints, and the goals, objectives, and policies provided in the . . . Plan. Policy 1.1 of the Future Land Use Element provides in part: The City will adopt land development regula- tions that shall contain specific and detailed provisions required to implement the . . . Plan and which: * * * Regulate the use of land and water consis- tent with this element and ensure the compati- bility of adjacent land uses and provide for open space; Protect the wetland areas identified in the conservation element and future land use element; Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management; * * * H) Provide that development orders and permits shall not be issued which would result in a reduction of the adopted level of service standards. The Future Land Use Map, which is part of the Proposed Plan, depicts eight land use categories: low-, medium-, and high-density residential, commercial, industrial, institutional, open space and recreational, and activity center. Policy 1.2 specifies a maximum density of seven units per acre for low- density residential and 15 units per acre for medium-density residential. The Future Land Use Map in the Proposed Plan depicts four large parcels as open space. These are north of Michigan Avenue, just west of U.S. Route 1; south of Michigan Avenue, just west of U.S. Route 1; north and west of the intersection of Michigan Avenue and Range Road; and east of the north end of Range Road and west of the largest unincorporated enclave surrounded by the City. According to the two Existing Land Use Maps contained in the Background Analysis, which is described in Paragraphs 47-67 below, the four large parcels designated as open space on the Future Land Use Map are wetlands, except for a small strip that is probably a park and is described further in Paragraph 127 below. The four open spaces constitute nearly all of the existing wetlands in the City. Neither the Future Land Use Map in the Proposed Plan nor either of the Existing Land Use Maps in the Background Analysis depicts any historical resources. Housing Element The Housing Element of the Proposed Plan contains the following provisions with respect to historic properties: Objective 3.1.4: Housing designated histori- cally significant will continue to be preserved and protected, and the quality of existing homes and neighborhoods will be maintained or improved. Policy 3.1.4.4: Assist owners of designated historically significant housing to apply for and utilize state and federal assistance programs. Policy 3.1.4.7: The City will aid in the identification of historically significant housing and structures. Public Facilities Element The Public Facilities Element of the Proposed Plan provides the following level of service standards for drainage: design storm event--five year frequency/24-hour duration event; on-site stormwater management--retention of first one inch of rainfall runoff or, with respect to drainage areas under 100 acres with under 80% impervious surface, retention of first one-half inch of runoff; stormwater quantity--no greater than pre-development stormwater runoff flow rates, quantities, peaks, and velocities; and stormwater quality--no degradation of existing water quality condition in receiving water bodies. The Drainage Subelement of the Public Facilities Element of the Proposed Plan contains seven objectives. Three of the objectives focus upon floodplains and wetlands: Objective 4.3.5: To reduce existing flooding problems and to prevent additional flooding problems from being created as a result of future development. Objective 4.3.6: To ensure the protection and preservation of existing wetlands as viable components of the City's surface water management systems, to include the establish- ment or maintenance of desirable hydroperiods, water quality conditions, and natural ecosystems. Objective 4.3.7: To ensure that proper and adequate surface water management facilities are provided in response to identified needs. Several policies under Objectives 4.3.5, 4.3.6, and 4.3.7 describe the data still needed by the City to determine its drainage needs and the means by which Cocoa intends to attain the overall goals of the subelement: Policy 4.3.2.5: Efforts will be undertaken to eliminate existing points of direct stormwater discharge into receiving surface waterbodies, where possible, based on the following procedure: engineering studies will be initiated for the purpose of identifying the comparative nonpoint pollution impacts of each direct discharge point, and determining relative priorities for corrective actions (or "retrofit" projects) to be undertaken, based on the extent of-- --adverse impacts on entire receiving waterbody --system retrofitting required to eliminate or minimize the adverse impacts --projected benefits to be accomplished --overall implementation feasibility facility design studies will be initiated for those direct discharge points determined to have the highest priority. The estimated costs of individual corrective action projects will be included as components of the Capital Improvements Program. Policy 4.3.5.2: Drainage needs assessment investigations will be initiated for areas within the City which have been identified as experiencing flooding problems, for the purpose of identifying actions necessary to alleviate the problems. Policy 4.3.5.3: Based on the findings of the drainage needs assessment investigations, engineering studies will be initiated to develop solutions to the identified flooding problems, with the cost estimates being included in the Capital Improvements Program. Policy 4.3.6.1: Public infrastructure improvements that encourage the development of wetlands will be avoided except in the case of overriding public interest, with appropriate measures being taken to discourage development in affected wetland areas. Policy 4.3.6.2: The City will review its land development and zoning ordinances, regulations and standards with the intent being to remove any requirements which might encourage develop- ment in wetland areas. Policies 4.3.7.1 and 4.3.7.2 promise an inventory of Cocoa's surface water management system followed by an engineering study of the system components to identify the extent of excess or deficient surface water flow or storage capacity. The final policy in this subelement states: Policy 4.3.7.9: Flood control for new develop- ment will be accomplished through the limita- tion of fill in the 100-year floodplain. In cases where there are no alternatives to fill in the floodplain, compensatory storage for such fill will be provided through excavation in adjacent upland areas (above the 100-year floodplain) of a volume equivalent to the loss of storage within the 100-year floodplain resulting from the placement of fill, where such compensatory storage can be accomplished in an environmentally sound and economically feasible manner. Coastal Management Element The Coastal Management Element of the Proposed Plan does not refer to coastal wetlands or historic resources. It does not contain any analysis of the effects on estuarine water quality of existing drainage systems and nonpoint source pollution such as that carried by stormwater runoff. Conservation Element The Conservation Element of the Proposed Plan contains nine subelements. Several of these subelements contain objectives or policies addressing wetlands, floodplains, and stormwater drainage. The Vegetation and Wildlife Habitat Subelement of the Conservation Element provides: Policy 6.4.2: Areas of natural habitat within the 100 year floodplain shall be given priority consideration in the identification of lands which address passive recreational demand and open space objectives. Policy 6.4.3: In order to reduce the adverse consequences of floodplain development and simultaneously encourage the conservation of natural habitat, the City's Flood Damage Prevention ordinance shall be amended to discourage construction in the floodplain by requiring the provision of compensatory storage for fill placed within the floodplain. Policy 6.4.7: The City shall not approve any development which would significantly and adversely alter the ecological functions of freshwater wetlands or deepwater habitat. Ecological functions include: (a) provision of wildlife and fisheries habitat; (b) main- tenance of in-stream flows and lake levels during periods of high and/or low rainfall; (c) erosion control; and (d) water quality enhancement. The Fisheries and Estuarine Habitat Subelement of the Conservation Element provides: Objective 6.5: The City shall protect the ecological well being of the Indian River Lagoon from adverse activities or impacts, so as to maintain or enhance the abundance and diversity of estuarine habitat and species. Policy 6.5.2: The city shall establish site design standards and regulations for the control of stormwater runoff to insure the adequate treatment of stormwater from all new development or redevelopment prior to its discharge to surface waters. Policy 6.5.3: The City shall take steps to identify means for reducing the volume of untreated stormwater discharged to surface waters, and shall develop a program to take corrective action, to the greatest extent feasible. The Water Quality Protection Subelement of the Conservation Element contains similar provisions with respect to the control of stormwater runoff and development of corrective programs. The Floodplain Management Subelement of the Conservation Element states: Objective 6.8: The City shall protect the flood storage and conveyance functions of the 100 year floodplain. Policy 6.8.1: In order to reduce the adverse consequences of floodplain development and simultaneously encourage the conservation of natural habitat, the City's Flood Damage Prevention ordinance shall be amended to discourage construction in the floodplain by requiring the provision of compensatory storage for fill placed within the floodplain. Policy 6.8.2: Developers shall be encouraged to incorporate those portions of sites which are within the 100 year floodplain as open space preservation. Policy 6.8.3: The City shall promote wetlands preservation and non-structural floodplain management by encouraging the use of isolated wetlands as detention areas, where such use is consistent with good engineering practice and does not significantly degrade the ecological value of wetlands. Pre-treatment of stormwater runoff by diversion of the "first flush" shall be required prior to discharge to wetland detention areas. Policy 6.8.4: The City shall encourage public and private agencies . . . in acquiring floodplains. Recreation and Open Space Element The Recreation and Open Space Element of the Proposed Plan provides: Goal 7.2: Ensure the conservation of open space areas in the City to provide aesthe- tically pleasing buffer areas, to serve as wildlife habitats, to act as groundwater recharge areas, to give definition to the urban area, and to enhance and promote natural resources. Policy 7.2.1.2: Designate conservation areas within the City as part of the future land use map in order to preserve open space and fulfill objectives discussed in this element and the Conservation Element. Capital Improvements Element The Capital Improvements Element of the Proposed Plan provides: Objective 9.1: The Capital Improvements Element will establish adopted levels of service for public facilities and capital improvement projects which the City will undertake. The Five-Year Schedule of Improvements will identify projects which a) meet existing deficiencies; b) provide repair or replacement of existing facilities; [and] c) accommodate desired future growth. Objective 9.2: All land use decisions which impact the Capital Improvements Element or Future Land Use Element will be coordinated by the City Manager, or his designee, in conjunction with the City's Planning and Zoning Board, and approved by City Council. Objective 9.3: Annual review of the Capital Improvements Element will be included in the City's budget process. As part of this review the Finance Department shall be responsible for: (1) addressing the fiscal impact of capital improvement projects on revenue and expenditures, and (2) updating the fiscal assessment section of the Capital Improvements Element. Objective 9.4: Public facility improvements that are needed to support new growth will maintain adopted levels of service. Improve- ments to public facilities which result from the impact of new development will require equitable cost participation by the developer. Policy 9.4.1: The City Manager shall initiate impact analysis of proposed development projects to determine the impact of the development on the City's fiscal operations and LOS [i.e., levels of service] for public facilities. Objective 9.5: The City will not approve development which requires public facility improvements that exceed the City's ability to provide these in accordance with the adopted LOS standards. Policy 9.5.1: Before a development is approved, the City Manager or his designee will determine that any needed public facility improvements do not exceed the City's funding capacity. Policy 9.5.2: Development approved prior to the adoption of this Plan which requires improvements to public facilities will be included in the Five-Year Schedule of Improvements with a funding priority designation. The Five-Year Schedule of Capital Improvements in the Proposed Plan includes only four projects: ongoing resurfacing and repair of roads, possible four-laning one specific road, expanding the wastewater treatment plant, and extensive, detailed work to the potable water system. I. Monitoring and Evaluation Provisions regarding Monitoring and Evaluation follow the goals, objectives, and policies in Volume II of the City of Cocoa--Comprehensive Plan. Concerning the public participation requirement, this section states in relevant part: In cases in which the proposed ordinance deals with more than five percent (5%) of the total land area of the municipality the council shall provide for public notice and hearings as follows: The council shall hold two (2) advertised public hearings on the proposed ordinance. Both hearings shall be held after 5:00 p.m. on a weekday and the first shall be held approxi- mately seven (7) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing. [This section is virtually identical to the language contained in Section 163.3184(15)(c), Florida Statutes.] [This section allows notice by mailing instead of advertising.] (Laws of Fla., Ch. 59-1186, Art. V, Section 9; Ord. No. 4-80, Section, [sic] 4-8-80) Proposed Plan: Background Analysis Future Land Use Element and Map The Future Land Use Element of the Background Analysis explains the purpose of the Future Land Use Map: The future location and distribution of land use are shown on the Future Land Use map. This map identifies appropriate types of land uses if all vacant land were to be utilized within the ten year planning horizon. Once the Future Land Use map is adopted, all development regulations in effect subsequent to its adoption must be consistent with it. Land development regulations in particular, shall rely on the map for their rational basis. (Future Land Use Element, Background Analysis, p. 1-3.) The Future Land Use Element of the Background Analysis states that the existing land use in Cocoa in 1987 includes about 389 acres of wetlands, or 8.6%, out of a total of 4520 acres. (Future Land Use Element, Background Analysis, Table 1-2.) Public Facilities Element The Drainage Subelement of the Public Facilities Element of the Background Analysis describes Cocoa's drainage as flowing equally into two waterbodies: the Indian River Lagoon on the east and the St. Johns River on the west. Of the five main drainage areas within Cocoa, three are part of the Indian River Lagoon Watershed and two are part of the St. Johns River Watershed. The map of Drainage Areas/Facilities, which is part of the Drainage Subelement, depicts each of the five drainage areas. Drainage Area III is bounded on the east by the high relict dune line just east of U.S. Route 1, on the west by Clearlake Road, on the south by Dixon Boulevard, and on the north by a low ridgeline in the vicinity of Industrial Park Road. Drainage Area III encompasses the wetlands bisected by Michigan Avenue, just west of U.S. Route 1. These wetlands, which are about 3000 feet from the Indian River, are part of a series of linear marshes running north-south and representing the "major repository" of stormwater drainage from contributing portions of Drainage Area The Background Analysis reports that these marshes function effectively as a surface water management area. Although on the landward side of the dune line, Drainage Area III is within the Indian River Lagoon Watershed because excess water in the area reverse flows into the lagoon during periods of very wet weather. According to the map of Vegetative Cover and Wildlife in the Background Analysis, seagrasses cover either the southeastern portion of the open space/wetlands south of Michigan Avenue or the adjacent land designated as medium-density residential. Noting historical encroachment on these wetlands, the Background Analysis concludes that continued encroachment will reduce the size of the storage capacity and increase the likelihood of outflow into the Indian River Lagoon. Drainage Area IV includes the wetlands found between the north end of Range Road and the largest unincorporated enclave within the City. These wetlands, which drain into the St. Johns River, are the site of Little Mud Lake. According to the Water Quality Protection Subelement of the Background Analysis, Little Mud Lake is largely a willow marsh with little or no open water. What water remains is probably of poor quality. However, the Background Analysis observes that the lack of adequate water quality data for all waterbodies in the City is itself a problem. Drainage Area V includes the largest contiguous wetlands within the City, which is the area north and west of the intersection of Michigan Avenue and Range Road. This area, which drains into the St. Johns River, surrounds Big Mud Lake, whose water quality is probably in poor condition, according to the Background Analysis. The Drainage Subelement of the Background Analysis acknowledges that the surface drainage systems for Cocoa have not been comprehensively inventoried since June, 1968. However, Drainage Area III is known to contribute about 29% of the stormwater runoff-generated pollutant loadings from the City to the Indian River Lagoon in the vicinity of the City. Although the wetlands serve as natural treatment and storage units, "[t]he continued loss of wetland areas will result in a corresponding decline in the overall effectiveness of the remaining wetlands to remove pollutants." (Drainage Subelement, Background Analysis, p. 4-30.) By way of comparison, Drainage III loads the Indian River Lagoon in the vicinity of the City with more than double the poundage of suspended solids than does the Jerry Sellers wastewater treatment plant in Cocoa. As to Drainage Area V, the Drainage Subelement warns that the salutary effect of Big Mud Lake, which serves as a natural treatment unit for stormwater pollutants, will be lost once the lake reaches its assimilative capacity to absorb or fix incoming loads of pollutants. According to the Water Quality Subelement of the Background Analysis, Big Mud Lake is probably eutrophic and "reduction of stormwater pollution . . . is probably the only means to restore [it]." (Water Quality Protection Subelement, Background Analysis, p. 6-62.) The Drainage Subelement concludes, however, that the impact of stormwater runoff-generated loadings is not expected to increase significantly and may even be reduced due to stormwater treatment requirements and stormwater retrofitting projects. However, existing stormwater treatment facilities serve only about 5.5% of the land area within the City, which depends heavily upon existing natural treatment systems for the management and control of stormwater problems. The Drainage Subelement offers 13 recommendations. Four of the first five recommendations suggest an inventory of existing stormwater drainage systems, evaluation of the effectiveness of current strategies, and projection of the impact of future growth on flow volumes. The fourth recommendation reads: Efforts should be undertaken to ensure the protection and preservation of existing wetlands in Drainage Areas #3, 4 and 5, with a priority being placed on the wetlands in Drainage Area #3. Applicable actions include modifications to existing zoning classifica- tions and provisions, land development regu- lations, stormwater, runoff treatment requirements, and other regulatory measures, as well as the possible acquisition of conservation or drainage easements in the wetland areas. (Drainage Subelement, Background Analysis, p. 4-37 and 4-38.) The Floodplain Management Subelement of the Conservation Element of the Background Analysis defines floodplains as those areas that become inundated by water on a recurring basis. The 100 year floodplain is an area that stands a 1% chance in any year that it will be subject to such inundation. The subelement notes that the addition of fill in the floodplains may raise flood elevations to an extent that flooding results to structures previously thought to be outside the floodplain. According to the Floodplain Management Subelement, 745 acres or 16% of the area of the City is located within the 100 year floodplain. Only 66 acres or about 9% of these floodplains are currently developed. Wetlands occupy 120 acres or 16.1% of the 100 year floodplain in the City. In assessing the future needs of Cocoa with respect to floodplains, the Floodplain Management Subelement expressly assumes that the "areas currently supporting open water or wetlands are clearly safe from development." (Floodplain Management Subelement, Background Analysis, p. 6-72.) This subelement concerns itself with the "several adverse consequences" of the development of the remaining 510 acres of undeveloped wetland upland within the 100 year floodplain. The Background Analysis warns that development within the 100 year floodplain "would be dependent upon the proper functioning of all drainage systems needed to overcome soils limitations" or else less severe storm events might result in recurrent flooding. Id. The Floodplains Subelement concludes that adverse consequences, such as flooding existing homes, can best be avoided by "limiting any development which requires the placement of fill" and encouraging the use of nonwetland upland floodplains as open space. Again concerning itself exclusively with nonwetland uplands within the 100 year floodplain, the subelement recommends "minimal development, such as very low density single family homes," to avoid future infrastructure problems due to flooding existing structures. (Floodplain Management Subelement, Background Analysis, p. 6-73.) Recreation and Open Space Element The Recreation and Open Space Element of the Background Analysis acknowledges that lands designated as open space may include wetlands. Conservation Element The Fisheries and Estuarine Subelement of the Conservation Element describes the Indian River Lagoon as a tidal estuary, whose brackish waters are an important resource for commercial and recreational fishing. The subelement notes that considerable amounts of seagrass cover have been lost, presumably due to human-induced environmental changes. One of the causes of the loss of seagrasses, which are a crucial component in the ecological food web of the estuary, is the discharge of inadequately treated stormwater. The Fisheries and Estuarine Subelement concludes that the pollutant discharges, which include stormwater, must be "reversed" if the estuarine resources are to be "maintained." The subelement contains a recommendation that existing drainage systems be improved and projects feasible only through dredging and filling of wetlands be prohibited, except for projects of overriding public interest. (Fisheries and Estuarine Subelement, Background Analysis, p. 6-50.) Coastal Management Element The Coastal Resources Subelement of the Coastal Management Element of the Background Analysis defines the coastal area for the subelement as the entire City. (Coastal Resources Subelement, Background Analysis, p. 5-5.) The subelement reports that shellfish were once harvested commercially through the entire Indian River Lagoon. However, due to the effects of urban and agricultural development, shellfish harvesting in the lagoonal waters adjacent to Cocoa is either restricted or prohibited. The subelement notes that the manatee, which is the only endangered mammal regularly inhabiting the Indian River, suffers from the loss of seagrasses, upon which the manatee grazes. The Coastal Resources Subelement states that the Indian River Lagoon receives little tidal flushing due to its distance from Sebastian Inlet. Thus, whatever pollutants are discharged into the lagoon remain indefinitely. In general, the water quality of the lagoon, according to one source cited in the Background Analysis, ranges from fair to poor. According to another source cited in the Background Analysis, the water quality is poor. The subelement reports that, by November, 1988, Cocoa was projected to complete the expansion of the Jerry Sellers wastewater treatment plant, whose effluent flows into the lagoon. The expansion was to increase the capacity of the plant by 80% of its present capacity. (Coastal Resources Subelement, Background Analysis, p. 5-10.) The Coastal Resources Subelement discloses that the Indian River Lagoons Field Committee was commissioned in 1985 to assist in the preparation of an integrated management plan for the lagoon, which extends over 156 miles through five counties and 40 municipalities. One of the committee's general recommendations is that local governments should include in their comprehensive plans the committee's recommendations for floodplain and critical area protection. (Coastal Resources Subelement, Background Analysis, p. 5-34.) Objections, Recommendations, and Comments of DCA Findings of Other Agencies Upon receipt of the Proposed Plan and supporting documents, DCA distributed them to various state, regional, and local agencies for comment, as part of the intergovernmental review process mandated by Section 163.3184(4) and (5), Florida Statutes. The Act gives these agencies 45 days within which to send their comments to DCA, which has an additional 45 days within which to transmit its objections, recommendations, and comments (ORC) to the local government submitting the plan. In the present case, DCA received responses from the Divisions of State Lands and Resource Management of the Department of Natural Resources (DNR); Comprehensive Planning Division of Brevard County; Regional Planning Council; Bureau of Historic Preservation of the Division of Historical Resources of the Department of State (the Department of State); Planning Department of the St. Johns River Water Management District (the Water Management District); Bureaus of Air Quality, Wastewater Management and Grants, Groundwater Protection, and Waste Planning and Regulation and Sections of Coastal Management and Drinking Water of the Department of Environmental Regulation (DER); Game and Fresh Water Fish Commission; and District 5-- Division of Planning and Programming of the Department of Transportation. DNR commented upon Policy 1.1.C, which as noted above in Paragraph 28 above provides that the City will adopt land development regulations to protect the wetlands identified in the Conservation and Future Land Use Elements. DNR stated that the policy "needs to project a long-term land use program to insure the protection of natural resources." DNR objected that the Coastal Management Element "contains no goal or objective addressing the protection, conservation, or enhancement of remaining coastal wetlands, living marine resources, . . . wildlife habitat, or the maintenance or improvement of estuarine environmental quality." The Regional Planning Council reported that Objective 6.4 in the Conservation Element lacks policies addressing the need to protect upland habitat adjacent to regionally significant wetlands, as required by Policy 43.8 in the plan of the Regional Planning Council. In a letter signed by Secretary of State Jim Smith, the Department of State determined that the Proposed Plan was inconsistent with the historic preservation aspects of the state comprehensive plan and failed to meet the requirements of the Act "regarding the identification of known historical resources . . . and . . . establishment of policies, goals, and objectives for historic preservation." The Department of State stated that Objective 3.1.4 of the Housing Element, which is quoted in Paragraph 33 above, lacks a specific plan of action for achieving its stated goal of preserving housing designated as historically significant. The Department of State faulted the Coastal Management Element for its failure to mention historical structures or archaeological sites and the Future Land Use Element and Map for their omission of known historical resources. The Water Management District stated that the Proposed Plan is "deficient with respect to water-related goals, objectives and policies required by Chapter 9J-5." With respect to the Future Land Use Element, the Water Management District noted the absence of objectives to ensure the protection of natural resources and policies to provide for drainage and stormwater management. The Water Management District found several items missing from the Coastal Management Element. These items included an inventory of the effect of the future land uses on natural resources; objectives protecting coastal wetlands, resources, and habitats; objectives addressing estuarine environmental quality; policies limiting the impacts of development upon wetlands; and policies identifying techniques for the protection of the Indian River Lagoon. The Water Management District concluded that this element did not appear to follow the requirements of Chapter 9J-5 as closely as did the other elements of the Proposed Plan. The Water Management District also objected to the Conservation Element on the grounds that it lacked specificity for the protection of existing natural resources and time frames for the treatment of untreated stormwater discharges, fisheries, wildlife, and wildlife habitats. DER commented generally that the Proposed Plan "appears to have important weaknesses." Referring to the Future Land Use and Capital Improvements Elements, DER noted the need for a number of studies regarding drainage, but the absence of any funds allocated for this purpose. DER also commented generally that "much of the work that identified potential areas for conservation, such as mapping the areas subject to flooding and areas with poor soil suitability or wetlands, was not carefully incorporated into the Future Land Use Element." DER objected that the Future Land Use Element is not based upon analyses of the effect of development and redevelopment of flood-prone areas and the character and magnitude of existing vacant or undeveloped land to determine its suitability for use. DER stated that the Future Land Use Element insufficiently analyzes the wetlands and floodplains identified elsewhere in the Proposed Plan. Findings of DCA General On August 5, 1988, DCA mailed to Cocoa the ORC, which contained 139 objections, the above-described objections and comments of the other state, regional, and local agencies, and general background information concerning the Act and the planning process. The ORC explains that objections relate to specific requirements of the Act or Chapter 9J-5. Each objection includes a recommendation of "one approach that might be taken" to address the objection. A comment is advisory in nature and does not form the basis of a determination of noncompliance. The ORC states that the City's public participation procedures are in violation of Rule 9J-5.004(2)(c) and (e). The objections states that the procedures lack provisions to assure that the public has opportunities to provide written comments and would receive responses to their comments. The ORC recommends that the City revise the procedures to include the necessary provisions. The ORC states that the format of the goals, objectives, and policies are in violation of Rules 9J-5.003(32), (57), and (64) and 9J-5.005(6). The objection states: Goals which do not state a long-term end towards which programs or activities are directed are not acceptable. Objectives which are not measurable, not supported by the data and analysis and are stated in an unspecific, tentative and/or conditional manner are unacceptable. Policies which are tentative or conditional, or do not describe the activities, programs and land development regulations which will implement the plan, are unacceptable. The accompanying recommendation adds: A goal must be written to state a long-term desired result [citation omitted]. Objectives must be written in a way that provides specific measurable intermediate ends that mark progress toward a goal [citation omitted]. A measure such as a quantity, percentage, etc. and a definite time period for its accomplishment should be included in the objectives. Policies answer the question of "how" by specifying the clearly defined actions (programs and activities) local governments will take to achieve each objective and ultimately the identified goal [citation omitted]. If desired, local governments may choose to assign the measurability to a policy . . .. [DCA] is primarily concerned that local governments provide the basis for assessing the effectiveness of their plan. When writing objectives and policies, avoid vague words and phrases (e.g., "adequate," "sufficient," "minimize," and "adverse impacts"), terms which nullify the strength of the statement (e.g., "consider" or "encourage"), or advisory words. "Should" implies an advisory statement which is inappropriate in an adopted portion of the plan. Using the term "shall" provides direction in implementing the plan and will make later evaluation and update of the plan an effective process. . . . The use of words like "ensure" and "encourage" leaves the what and how questions unanswered. [A]n objective cannot be phrased to "maintain or improve," one or the other actions might be set as an objective, but not both. Objectives and policies which are written using phrases such as "if needed," "whenever possible" and "where feasible and appropriate," or other vague words or phrases make the statements unacceptable because the conditional criteria making them specifically operational, have not been stated. 2. Future Land Use Element and Map Included in the background information accompanying the ORC is the following statement from DCA concerning the purpose of the future land use element: The purpose of the future land use element is the designation of future land use patterns as reflected in the goals, objectives and policies of all the comprehensive plan elements. Depicting the future land use patterns on the future land use map serves to (1) anticipate and resolve land use compatibility issues, and (2) provide the information necessary to determine the needed location and capacity of public facilities. (Major Issues--Local Government Comprehensive Planning, p. 3.) The ORC contains three objections and recommendations with respect to the data and four objections and recommendations with respect to the analysis contained in the Future Land Use Element of the Background Analysis. These objections cover the failure of both Existing Land Use Maps to depict natural and historic resources, which is in violation of Rule 9J-5.006(1)(a)6. and 11. The ORC contains seven objections and recommendations with respect to the goals, objectives, and policies under the Future Land Use Element of the Proposed Plan and three objections and a comment with respect to the Future Land Use Map. Two of the objections pertain to the two objectives of the Future Land Use Element. These objections, which are recited above in Paragraph 27, generally provide for the management of future growth through the implementation of unspecified land development regulations and require the direction of future development and redevelopment into appropriate areas as depicted on the Future Land Use Map. The ORC states that these objectives are unmeasurable and unsupported by the data and analysis in the Background Analysis, which is in violation of Rule 9J-5.005(3)(b). Another objection is that the Future Land Use Element of the Proposed Plan lacks objectives addressing the requirements set forth in the following rules: Rules 9J-5.006(3)(b)1.-8. These rules require, among other things, the coordination of future land uses with the appropriate topography, soil, conditions, and availability of facilities and services; and the protection of natural and historic resources. DCA also objects in the ORC to Policy 1.1, which is recited at Paragraph 28 above and calls for land development regulations protecting wetlands and regulating areas subject to flooding, among other items. The ORC states that Policy 1.1 fails to satisfy the definition of a policy set forth in Rule 9J-5.003(64) because it fails to specify how the programs and implementation activities would be conducted. The ORC asserts that Policy 1.1 is unsupported by the necessary data and analysis, in violation of Rules 9J-5.005(1)(a)6. and 10., 9J-5.005(1)((b)3. and 4., and 9J-5.005(2)(a). The missing data and analysis include: the uses of conservation and undeveloped land; the presence on existing land use maps of wetlands and floodplains; and the availability of any facilities and services, as identified in the Drainage Subelement, to serve existing land uses. The ORC states that the Future Land Use Element lacks policies addressing the requirements set forth in Rule 9J-5.006(3)(c)3. and 8. The former subsection requires a policy addressing implementation activities directed toward providing facilities and services to meet locally established level of service standards concurrent with the impacts of development. The latter subsection requires a policy addressing implementation activities directed toward identifying, designating, and protecting historically significant properties. As to the Future Land Use Map, the ORC identifies deficiencies similar to those cited regarding the Future Land Use Element with respect to a lack of support by the data and analysis. The deficiencies in the data and analysis include the failure to show all required land use categories, including conservation and historic resources, which are required by Rule 9J-5.006(4)(a); failure to show one land use category, the redevelopment area, that is described in the text; and omission of all required natural resources, such as floodplains and wetlands, which is in violation of Rule 9J-5.006(4)(b). Noting that the legend on the Future Land Use Map states that the map is intended as an adjunct to the Plan, DCA comments that the legend should reflect that the map will be adopted as part of the Plan. 3. Housing Element One of the objections to the data underlying the Housing Element in the Background Analysis is that they do not include an inventory of historically significant housing listed in the Florida Master Site File, housing designated as historically significant by a City ordinance, or the location of the single house that is listed on the National Register of Historic Places. All of this information is required by Rule 9J-5.010(1)(g). The ORC contains an objection to Objective 3.1.4, which is set forth in Paragraph 33 above. The ORC states that this objective, which promises the preservation of historically significant property, is unmeasurable. 4. Public Facilities Element The ORC sets forth six objections to the data and analysis underlying the Drainage Subelement of the Public Facilities Element of the Background Analysis. These objections point out the absence of data and analysis concerning the following items: the design capacity of the drainage facilities, which information is required by Rule 9J-5.011(1)(e)3.; the existing level of service standard provided by the drainage facilities, which information is required by Rule 9J-5.011(1)(e)5.; and the projected facility capacity, including surpluses and deficiencies, for the second increment of the planning period, which information is required by Rule 9J-5.011(1)(f)3. The ORC states that Objectives 4.3.5, 4.3.6, and 4.3.7 are unmeasurable and, as to Objectives 4.3.6 and 4.3.7, unspecific. These objectives, which are quoted in Paragraph 35 above, respectively deal with flood control, wetlands protection, and adequate surface water management facilities. The ORC is also critical of Policy 4.3.6.1, which is set forth in Paragraph 36 above and promises that the City will avoid infrastructure improvements that encourage wetlands development. DCA recommends that the Drainage Subelement show how the City will conduct the programs and implementing activities to avoid such infrastructure improvements. 5. Coastal Management Element Among the objections to the data underlying the Coastal Management Element of the Background Analysis is that the element lacks any inventory, analysis, or mapping of historic resources, which are required by Rule 9J- 5.012(2)(c). The ORC cites the failure of the Coastal Management Element to include policies addressing the requirements of Rule 9J-5.012(3)(c)1.-3., 8.-10., 13., and 14. These subsections require policies that, among other things, limit the specific impacts and cumulative impacts of development or redevelopment upon wetlands, water quality, wildlife habitat, and living marine resources; restore or enhance disturbed or degraded natural resources, including wetlands, estuaries, and drainage systems; regulate floodplains, stormwater management, and land use to reduce the risk of loss of human life and property as a result of natural hazards; protect historic resources by, among other things, identifying historic sites and establishing performance standards for the development and sensitive reuse of historic resources; and generally establish priorities for shoreline land uses. 6. Conservation Element The ORC contains an objection to Objective 6.5 of the Fisheries and Estuarine Habitat Subelement of the Conservation Element of the Proposed Plan. DCA finds this objective, which is cited in Paragraph 40 above and requires the protection of the Indian River Lagoon, to be unmeasurable and unspecific. The ORC states that the Conservation Element lacks policies to protect existing natural resources and designate environmentally sensitive lands for protection, which are required by Rule 9J-5.013(2)(c)7. and 9. 7. Capital Improvements Element The ORC notes one objection and recommendation to the data underlying the Capital Improvements Element of the Background Analysis. The objection states: Because data and analysis requirements were missing in the Drainage . . . Subelement, capital improvement needs cannot be adequately evaluated. Capital improvement needs for [this subelement] cannot be assumed to be nonexistent. The ORC states seven objections and recommendations to the analysis underlying the Capital Improvements Element of the Background Analysis. These objections generally concern a lack of information about costs and revenues. The ORC contains objections to Objectives 9.1, 9.2, and 9.7 as unmeasurable and, with respect to Objectives 9.2 and 9.7, unspecific. These objectives, which are quoted at Paragraph 44 above, deal generally with funding capital improvements required by level of service standards. The ORC cites the absence of an objective addressing the requirements of Rule 9J-5.016(3)(b)5. This rule requires an objective showing the local government's ability to provide or require the provision of the needed improvements identified in the Plan's other elements. The rule also requires an objective showing the local government's ability to manage the land development process so that the public facility needs created by previously issued development orders do not exceed the ability of the local government to fund or require the funding of capital improvements. DCA also objects to numerous policies in the Capital Improvements Element on the grounds that they are not measurable. 8. Miscellaneous DCA objects in the ORC that the Proposed Plan lacks goals, objectives, and policies that further numerous policies of the Regional Comprehensive Policy Plan of the Regional Planning Council. Review of ORC and Adoption of Plan Review of ORC Within a few days after receiving the ORC from DCA, Cocoa forwarded the relevant portions of the Proposed Plan to the consultants who had prepared them for the preparation of responses and revisions. On or about August 31, Cocoa received the responses and revisions from the consultants. As noted in Paragraph 46 above, the procedures in effect at this time were those contained in Ordinance No. 4-80. On August 23, 1988, the City Council postponed until its next meeting consideration of a new ordinance establishing procedures for adopting amendments to the Proposed Plan. On August 31, 1988, a 1 1/4" by 8 1/4" classified-type advertisement announced a meeting of the Planning and Zoning Board on September 14, 1988, at 5:15 p.m. for the purpose, among other things, of recommending to the City Council changes to the nine elements of the Proposed Plan. The advertisement stated that the City Council will consider the recommendations of the Planning and Zoning Board during its regularly scheduled meeting on September 27, 1988, at 7:00 p.m. The advertisement advised that the Plan documents, including the Future Land Use Map, were available for public inspection at the Community Improvement "Office." On September 1, 1988, a 6 1/2" by 10 1/2" display advertisement provided the same information as that contained in the advertisement published the prior day. The display advertisement stated: The City urges any citizen to review the Plan documents and submit written or oral comments at any time during the process. Such comments will be presented during the hearing along with response as appropriate. All citizens will be given the opportunity to review the documents, have legal notification, submit written or oral comments, and receive appropriate responses to items related to elements to be adopted by the City as the City's Comprehensive Plan. The display advertisement bore a large, boldface headline in block print, stating: "NOTICE OF CHANGE IN LAND USE." The advertisement contained a large map of the City. A 6 1/2" by 4" version of the same advertisement appeared elsewhere in the same edition of the newspaper. At the regular meeting of the City Council on September 13, 1988, Ms. Koons, on behalf of Petitioners Austin, Houston, and Dorn, complained about the limited opportunities for public participation, in part caused by the lack of current information available to the public. In response, the City Council announced the dates of September 27 and October 4, 5, or 6 for the adoption hearings for the Plan. Richard Amari, the City Attorney, reminded everyone that the Act gives local governments only 60 days following the issuance of the ORC within which to adopt the Plan. He said that Cocoa was not trying to bypass public participation, but had to comply with the law. At the September 13 meeting, the City Council adopted Resolution No. 88-31, which became effective the same date. The resolution provides in relevant part: Section 1. The City will advertise pursuant to Florida State Statutes and Department of Community Affairs Rule 9J-5. Section 2. The City will post notices of its public hearings in City Hall, Library and Police Department regarding consideration of the Comprehensive Plan. Section 3. The City will provide in its ads encouragement for written and oral comments by the public which written comment will be made part of the public record. Section 4. The City Manager or his designee will assure that responses to written comments received during the process will be given either at the public hearings as appropriate or written responses may be given upon request. Section 5. The plan documents are available for public inspection at City Hall in Rooms 208 & 202, and the Cocoa Public Library during normal business hours. Section 6. This Resolution shall govern activities engaged in by the Planning and Zoning Board acting as the Local Planning Agency during its public hearing on September 14, 1988, and continued from time to time; and by the City Council at its Public Hearing on September 27 as may be continued from time to time. On September 14, 1988, the Planning and Zoning Board conducted a public hearing concerning, among other items, the Plan. The scarcity of Plan documents, especially the Future Land Use Map, limited the amount of meaningful participation by members of the audience and, to a lesser extent, the Board. The Future Land Use Map is a color-coded document. A black and white photocopy of the map incompletely depicts the various land uses shown on the map. An ongoing problem through the planning process was that these color maps, which were prepared for the City by the Regional Planning Council, were not generally available to the public. However, during most if not all of the process, Ms. Lawandales maintained in the Community Improvement Department a large color map, which was generally current. Part of the problem was the City's inability or unwillingness to incur the cost and suffer the inconvenience of printing new maps every time that there was a change in the use assigned to a parcel. Such changes were frequent in the final weeks before adoption of the Plan. At the September 14 meeting, for instance, there was already a handwritten list of 20 numbered proposed changes to the Future Land Use Map. Item 10 of the proposed changes converts from open space to medium- density residential most of the southeast quarter of the open area located north of Michigan Avenue and west of U.S. Route 1, which is part of the linear marsh wetlands within Drainage Area III. The September 14 meeting was a scene of some confusion due to the above-described documents. One Board member moved that the public be given at least those documents that the Board had. The motion failed. In part due to time constraints and limited staff resources, the Board decided instead to copy for the public only the maps and revisions and responses to the goals, objectives, and policies. The meeting adjourned by a 4-2 vote before considering the Future Land Use Map. Two Board members remained after the meeting to share their Future Land Use Maps with the audience. A few days later, City staff persons compiled a large notebook with a complete set of documents related to the Plan and distributed these notebooks to the members of the City Council. These documents consisted of the goals, objectives, and policies of the Proposed Plan; the unrevised Background Analysis; the responses and revisions to the goals, objectives, and policies as a result of the ORC; the EAR; and possibly other documents. On September 18, 1988, a 10 1/2" by 6 1/2" display advertisement announced three workshops and two public hearings to be held by the City Council. The workshops were set for September 19 at 7:00 p.m., September 20 at 5:00 p.m., and September 22 at 6:30 p.m. The first workshop would cover the Public Facilities, "Transportation" (i.e., Traffic Circulation), and Capital Improvements Elements. The second workshop would cover the Coastal Management, Conservation, and Recreation and Open Space Elements. The third workshop would cover the Future Land Use, Housing, and Intergovernmental Coordination Elements. The advertisement stated: "The general purpose of the workshops is to receive public comments and review the Comprehensive Plan." Some local residents were aware of the three workshops at least one day prior to the publication of the advertisement. The same advertisement announced that the public hearings would take place on September 27, 1988, at 7:00 p.m. and October 4, 1988, at 6:00 p.m. The advertisement stated: The purpose of these hearings is to receive public comments and recommendations on a Comprehensive Plan, and to review and adopt an ordinance adopting the Comprehensive Plan in accordance with the requirements of growth management and land development legislation adopted by the Florida Legislature in 1985 and 1986. On September 19, the Planning and Zoning Board and City Council jointly conducted a workshop on the Public Facilities, Traffic Circulation, and Capital Improvements Elements. Mayor Robinson acknowledged the receipt of a petition of residents from two subdivisions in opposition to changes to their neighborhoods by the Plan. Mayor Robinson informed the audience that the Future Land Use Map would be discussed at the September 22 meeting. The format of the September 19 workshop, as well as the two other workshops, was that City staff would first address an issue, followed, in order, by City Council members, Planning and Zoning Board members, and lastly the audience. City staffpersons at the September 19 workshop identified a list of 38 recommended changes to the Future Land Use Map. Item 10 from the September 14 list was renumbered as Item 7. Item 6 on the September 19 list encompasses what remained of the eastern half the open space north of Michigan Avenue. The recommendation is to designate this wetlands area commercial. The northern tip of the linear marsh wetlands area south of Michigan Avenue and west of U.S. Route 1 is proposed to be redesignated commercial in new Item 10. Item 11 proposes that the remainder of this open space/wetlands be redesignated medium- density residential. The recommended changes appearing at the September 19 workshop substantially eliminate the two other open space/wetlands, as well. Item 33 recommends low-density residential for most of the southern half of the open space/wetlands located between Range Road and the largest unincorporated enclave within the City. Item 34 recommends medium-density residential for most of the northern half of the same open space/wetlands. According to the Soils Map contained in the Background Analysis, the northern portion of Little Mud Lake is in the medium-density residential area and the southern portion of the lake is in the low-density residential area. After these two changes, about one quarter of the original open space/wetlands between Range Road and the unincorporated enclave retains the originally proposed designation as open space. The remaining open space is an L-shaped strip immediately adjacent to the unincorporated area within the City. According to the Existing Land Use Map in the Background Analysis, the portion of the L-shaped strip running north-south is devoted to recreational uses, such as a park. Items 37 and 38 recommend the complete elimination of the largest open space/wetlands, which is located north and west of the intersection of Michigan Avenue and Range Road and is within Drainage Area IV. Item 37 proposes that nearly all of this open space/wetlands, including Big Mud Lake, be redesignated low-density residential. Item 38 proposes that the western portion of this open space/wetlands be redesignated medium-density residential. On September 20, 1988, the Planning and Zoning Board and City Council jointly conducted a workshop on the Coastal Management, Conservation, and Recreation and Open Space Elements. Discussion included the redesignation of the open space/wetlands in the vicinity of Michigan Avenue from open space to medium-density residential and commercial. At the conclusion of the meeting, the City Council agreed to add another parcel to the list of recommended changes to the Future Land Use Map. On September 22, 1988, the Planning and Zoning Board and City Council jointly conducted a workshop on the Housing, Future Land Use, and Intergovernmental Coordination Elements. Ms. Koons, on behalf of Petitioners Austin, Houston, and Dorn, objected at this workshop to the Future Land Use Element, as well as other matters. Petitioner Houston herself spoke against the Future Land Use Map. A Future Land Use Map was present at this workshop. This map, reflecting the latest addition, showed 39 numbered areas marked in black. The numbers corresponded to the list of recommended changes to the Future Land Use Map. The City Council authorized during the workshop the addition of two more proposed changes. The September 22 workshop marked the last involvement of the Planning and Zoning Board in the planning process. The Board never formally recommended the Plan and supporting documents to the City Council for adoption. However, by the end of the meeting, none of the Board members expressed any remaining objections to the Plan and supporting documents, and most if not all Board members had no serious objections to the Plan. A formal recommendation was therefore unnecessary. Adoption Hearings On September 23, 1988, a display advertisement nearly identical in size and content to that published on September 18 stated that the City Council would conduct public hearings on September 27, 1988, at 7:00 p.m. and October 4, 1988, at 6:00 p.m. on changes in the use of land within the City limits. A similar display advertisement on September 29, 1988, announced the October 4 public hearing. The City Council received a list of 41 proposed changes to the Future Land Use Map at the September 27 hearing and approved the addition of a another property, as well as unrelated revisions to the Wastewater Element. In a presentation to the City Council, Ms. Lawandales referred to a set of revisions to the Future Land Use Element. These revisions were not the same as those prepared by the Regional Planning Council. Ms. Lawandales referred in her presentation to a set of revisions that add only two short clauses to the goals, objectives, and policies of the Future Land Use Element. At the October 4, 1988, public hearing, the City Council received written objections from Ms. Koons, on behalf of Petitioners Austin, Houston, and Dorn, in the form of an eight-page letter. Given the detail and scope of the letter and lack of time, the City Council and staff were justifiably unable to offer a response until after the hearing, which concluded with the adoption of the Plan. During the hearing, the City Council approved the addition of five more properties to the list of 42 recommended changes to the Future Land Use Map. At the conclusion of the October 4 hearing, the City Council adopted the Plan by adopting Ordinance No. 20-88, which in relevant part provides: Whereas, after months of careful review and a public hearing the Planning and Zoning Board sitting as the Local Planning Agency has recommended adoption of the new Comprehensive Plan in substantially the form presented; and Whereas, the City Council has received objections, recommendations, and comments from the [Regional Planning Council, DCA], and various other agencies; and * * * Whereas, the City Council has made certain amendments in the proposed new Comprehensive Plan in light of [public comments], as well as the comments, recommendations, and objections of the [Regional Planning Council, DCA], and various other State agencies; * * * Now, therefore, be it enacted by the City Council of the City of Cocoa, Brevard County, Florida, that: Section 1. That Section 15-4 of the City Code of Cocoa is hereby amended to read as follows: Sec. 15-4 Adoption of Comprehensive Plan. The City's Comprehensive Plan consists of the one (1) volume book entitled Comprehensive Plan--City of Cocoa, Volume II, April 1988, which Comprehensive Plan consists of (i) Goals, Objectives and Policies for nine (9) elements, including Future Land Use, Traffic Circulation, Housing, Public Facilities, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvements, (ii) Procedures of Monitoring and Evaluation, (iii) Requirements for Consistency of the Local Comprehensive Plan, and (iv) Population estimates and projections utilized as basis for the plan documents, plus the Evaluation and Appraisal Report dated April, 1988. Section 2. Attached hereto and incorporated herein by this reference is the City's Comprehensive Plan as referenced in Section 1 of this Ordinance, which Comprehensive Plan is hereby adopted as the official comprehensive plan for and of the City. * * * Section 4. Ordinances and Resolutions in Conflict. All Ordinances or Resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed. The City's Comprehensive Plan approved with the adoption of Ordinance No. 11-80 of July 8, 1980, all as the same may have been amended from time to time, be and the same is hereby repealed. Section 5. Effective Date. This Ordinance shall become in full force and effect immediately upon its adoption by the City Council. Adopted by the Council of the City of Cocoa, in regular meeting assembled, on the 4th day of October, 1988. The ordinance is signed by Mayor Robinson, whose signature is attested by the City Clerk. The review and adoption proceedings ended with the October 4 hearing. At no time during these proceedings did Petitioner David P. Hendry, Sr. or Loula P. Hendry submit oral or written objections to the Plan or Proposed Plan. On or about August 13, 1988, Petitioner David P. Hendry, Sr. sent a letter dated July 31, 1988, to Cocoa and numerous other state and local officials. In the letter, he objected to a marina project that was under consideration. However, these comments did not constitute objections to the Plan or Proposed Plan, of which Petitioners Hendry were unaware until after it had been adopted by the City and determined to be in compliance by DCA. The Contents of the Plan General Besides the goals, objectives, and policies, the Plan consists of the EAR (described in Paragraphs 157-169), Resolution No. 88-31 (described in Paragraph 115), population data (described in Paragraph 170), a section entitled "Consistency of the Local Plan with the State Comprehensive Plan" (described in Paragraph 171), and a section entitled "Monitoring and Evaluation (described in Paragraph 46). The Plan is also supported by the data and analysis contained in the Background Analysis, portions of which are described in Paragraphs 47-67 above. The City submitted revisions to the Background Analysis, portions of which are described in Paragraphs 172-180 below. Goals, Objectives, and Policies The goals, objectives, and policies of the Plan are those of the Proposed Plan, as revised by the City Council. The revisions are as follows: 47 changes to the Future Land Use Map, as identified in Austin Exhibit 10; numerous revisions to the goals, objectives, and policies of the Proposed Plan, as identified in Austin Exhibit 10; two revisions to the proposed Future Land Use Element, as identified in Cocoa Exhibit 4; and revisions to the Solid Waste and "Sanitary Sewer" (i.e., Wastewater) Subelements of the Public Facilities Element, as identified in Cocoa Exhibit 4. There are no other revisions, additions or deletions affecting the goals, objectives, and policies of the Plan. The revisions described in Paragraph 181 below were never adopted by the City and are not part of the Plan. Responses, which are set forth in Austin Exhibit 10, are explanations offered by the City in response to objections and recommendations of DCA; responses do not contain any goals, objectives, or policies. Future Land Use Element and Map One response concerning the Future Land Use Element explains that objections in the ORC to missing data have been satisfied by a revision of the underlying data and analysis. However, as to objections with respect to the failure of the Future Land Use Map to depict conservation and natural resources, the response is that "no . . . conservation or historic resource land use categories are applicable for the city." However, the revised analysis underlying the Future Land Use Element includes a map of the Cocoa Historic District. The response to the objection that the Future Land Use Map fails to show all required natural resources is: "Wetlands are not a designated future land use." The revisions to the goals, objectives, and policies of the Future Land Use Element include revised Objectives 1.1 and 1.2, which are set forth in their proposed form in Paragraph 27 above. These revisions require that the City accomplish the tasks described in the two objectives within one year of Plan submittal. The revisions to the goals, objectives, and policies of the Future Land Use Element contain four new objectives. Objectives 1.3 and 1.4 respectively deal with the elimination by the year 2000 of blight and existing land uses that are inconsistent with the Future Land Use "Plan." Objective 1.5 states that within one year of Plan submittal all development activities "will be consistent with and supportive of the Plan's objectives for protecting natural and historic resources." Objective 1.6 states that within one year of Plan submission land development regulations will provide for the availability of sufficient land area for the siting of public facilities. The revisions contain several new policies. New Policy 1.1.3 allows the City to issue development orders only if the necessary public facilities, operating at the adopted levels of service, are available concurrent with the impacts of the development. New Policy 1.5.1 states that the City will identify its historical resources and maintain an updated file of historically significant properties. New Policy 1.5.3 provides that the City will protect its cultural, historic, and archaeological resources by helping to educate the public of the value of such resources, considering the establishment of a historic district, and purchasing development rights to preserve historically significant properties. Revisions also clarify that open space/residential areas on the Future Land Use Map will be used for park, recreational, and ancillary uses, except as required for other public purposes. 2. Housing Element The City Council adopted several revisions to the goals, objectives, and policies of the Housing Element. Objective 3.1.4, which in its original form is set forth in Paragraph 33 above, is revised to provide that the quality of existing homes and neighborhoods will, at a minimum, be maintained, rather than maintained or improved. Policy 3.1.4.7, which is also set forth in Paragraph 33, is revised to add that the City will perform an annual review of historically significant housing units in order, as previously provided, to aid in the identification of historically significant housing and structures. 3. Public Facilities Element Objectives 4.3.5, 4.3.6, and 4.3.7 are revised as follows with the new language underlined: Objective 4.3.5: To reduce existing flooding problems and to prevent additional flooding problems from being created as a result of future development through actions identified in needs assessments and engineering studies, with the actions being undertaken on a priority basis as determined in the engineering studies, with individual prioritized actions being initiated no later than one year following the completion of the engineering studies, consistent with the schedule of actions contained in the Comprehensive Improvements Plan [sic]. Objective 4.3.6: To ensure the protection and preservation of existing wetlands as viable components of the City's surface water management systems, to include the establishment or maintenance of desirable hydroperiods, water quality conditions, and natural ecosystems applicable ordinances (including design criteria and standards) will be submitted for adoption consideration no later than October 1, 1990, with final adoption within one year following the initial submittal. Objective 4.3.7: To ensure the proper and adequate surface water management facilities are provided in response to identified needs existing deficiencies and needs will be determined, cost and time requirements of corrective actions will be identified, and alternative sources of revenue will be evaluated, with the above information being compiled into a Surface Water Management Plan for the entire City and any external service areas by October 1, 1995. The revision of another objective reiterates the intention of the City to perform engineering studies in the future to gain information necessary to drainage planning: Objective 4.3.2: To protect, preserve or improve the quality of surface drainage waters being discharged from existing and future drainage systems in the City so that such discharges do not contribute to the degradation of water quality conditions in receiving waterbodies or prevent the improvement of degraded conditions, and promote the continuance or establishment of healthy, balanced natural environments through the implementation of ordinances, engineering studies, inspection programs, and coordinative actions with regulatory agencies, with such activities being initiated no later than October 1, 1992. Revisions to several policies show an increasing recognition of the need to plan for drainage and the role of wetlands in such a plan: Policy 4.3.2.6: Proposed development plans will be thoroughly reviewed to ensure that new development does not adversely impact surrounding properties by altering drainage patterns and water storage capabilities so that increased volumes of water are discharged onto the properties or that surface drainage flows from the properties are not impeded or retarded so as to create or contribute to flooding or diminished land usage, unless such lands have been purchased or designated by the City for surface water storage purposes. Policy 4.3.4.3: The City will actively participate in the preparation and implementa- tion of applicable Surface Water Improvement and Management (SWIM) plans being undertaken by the [Water Management District] which will [replacing "would"] involve or include land areas in the City or waterbodies affected by drainage from the City. Policy 4.3.6.1: Public infrastructure improvements that encourage the development of wetlands will be avoided except in the case of overriding public interest, for the purpose of protecting and preserving wetland areas with appropriate measures such as ordinances and development standards being used [replacing "taken"] to control [replacing "discourage"] development in affected wetland areas. Policy 4.3.6.3: The City will review its existing land development design criteria, and revise if necessary, to provide for and encourage the incorporation of existing wetlands into land development plans for the use of "free services" offered by the natural areas provided that: --intrinsic natural wetland values, functions and hydroperiods are not adversely affected, --the wetland is maintained in its natural condition, and --the wetland is protected from future development. 4. Coastal Management Element The revisions add a new goal, objective, and policies that provide: Goal 5.3: The natural resources of the City's coastal area shall be preserved, protected or enhanced to provide the highest possible environmental quality for recreation and the propagation of fisheries and wildlife. Objective 5.3.1: The City shall protect, and restore where necessary, the following natural resources and environmental attributes within its control: air quality, endangered species and their habitat, native vegetation and wildlife, fisheries and estuarine habitat, water quality, and floodplains. New Policy 5.3.1.1 incorporates Objectives 6.1 and 6.2-6.9 and the policies thereunder. The revisions contain another new objective and policies under the new goal described above. Policy 5.3.2.3 states that the City will conform its plan and development criteria to the guidelines set forth in yet-to-be identified resource protection plans to the extent "legally permissible." Policy 5.3.2.4 states that the City shall notify the Resources Council of East Florida and the Indian River Aquatic Preserve of all proposed activities that the City Council considers will directly affect the coastal zone, including changes in stormwater discharge, vegetation removal, or dredge and fill operations. 5. Conservation Element Objective 6.5 of the Fisheries and Estuarine Habitat Subelement, which is quoted in its original form in Paragraph 40 above, is revised as follows: Objective 6.5: By 1993, the abundance and diversity of submerged aquatic vegetation and fish species found in the City's lakes, and in the Indian River within the zone between the Cocoa shoreline and the Intracoastal Waterway, shall be as great, or greater, than they were in 1988. The City cites eight policies under Objectives 6.4 and 6.8 in response to the objection that the Proposed Plan lacks policies addressing the protection of existing natural resources and designating for protection environmentally sensitive land. 6. Recreation and Open Space Element The revisions to the Recreation and Open Space Element contain a new objective concerning open space: Objective 7.2.1: Within one year of Plan submittal the land development regulations will include provisions for addressing the open space needs of the City. 7. Capital Improvements Element The revisions to the Capital Improvements Element include requirements that the City satisfy the requirements of Objectives 9.1 and 9.2, which are set forth in Paragraph 44 above, by 1989 and 1990, respectively. The City revised Objective 9.1 to require, by 1989, the incorporation of levels of service standards into land development regulations. Also, the City added the following language to Objective 9.5, which is quoted in its original form at Paragraph 44 above: "Public Facility needs created by development orders issued prior to Plan adoption will not exceed the ability of the City to fund or provide needed capital improvements." Evaluation and Appraisal Report The EAR, which is referenced in Paragraph 24 above, evaluates the success of an earlier, unrelated comprehensive plan previously adopted by the City. The EAR begins with an introductory section commenting about the area and problems facing the City. The introduction notes that the City has significant undeveloped lands, especially in the northwest section of Cocoa. A large part of these lands is the single open space/wetlands north of Michigan Avenue and west of Range Road. The EAR states: "Much of the land is not developable due to natural constraints; however, primary residential growth will occur in this area in the future." The introduction also recognizes that "drainage is still a major concern" due to the "extensive amount of new development and alteration of some natural drainage systems, as well as continued drainage problems from older development." Among the solutions noted in the introduction are the requirement of retention and detention areas in new developments. Concerning conservation and protection of the coastal zone, the introduction states: The City of Cocoa has continued to seek to protect the integrity of the flood hazard areas as significant development has not occurred in these areas as of this date. Maintaining these areas for natural functions, it will decrease the possibility of flooding and associated problems during heavy cycles of rain. This also adds to the water quality of the area. The major portion of the EAR is devoted to an evaluation of the success of the prior comprehensive plan. Several relevant portions of this self-assessment, which was updated on September 27, 1988, are set forth in the following paragraphs. Objective 2 under Open Space was to "develop flood plain controls which will allow for the protection of some open space around Cocoa's lakes and low areas in the event of development." The result: not accomplished. Objectives 2 and 3 under the Conservation/Coastal Element were to use the City's water retention ordinance to control surface drainage from new developments and continue to make needed drainage improvements. The results: the first objective was accomplished and the second objective was not accomplished as of April, 1988. However, as to the second objective, as of September 27, 1988, "a drainage improvement program has been initiated." Objective 3 under the Land and Vegetation Resources was to control the amount of filling that could occur in new development to ensure proper drainage in surrounding areas. The result: not accomplished in April, 1988, and partly accomplished by September 27, 1988. Objective 1 under Drainage was to develop a citywide Master Drainage Plan with priorities and cost estimates for drainage improvements needed in Cocoa. The result: not accomplished. Objective 3 under Drainage was to control activities in flood prone areas in an effort to prevent a detrimental impact on areawide drainage patterns. The result: not accomplished. Objective 4 was to encourage, as feasible, the use of natural filtration, detention, and retention to reduce runoff-associated drainage problems. The result: accomplished. Objective 11 under Intergovernmental Coordination was to adhere to statewide plans and programs designed to control nonpoint sources of water pollution and prevent alteration of areawide drainage patterns. Result: not accomplished. Miscellaneous The Plan includes the population history and estimates that had been provided with the transmittal of the Proposed Plan in April, 1988. This document is included in Cocoa Exhibit 4. The Plan includes the Consistency of the Local Comprehensive Plan with the State Comprehensive Plan that had been provided in April, 1988, at the end of the City of Cocoa--Comprehensive Plan, Volume II . This document is a cross-index between provisions of the Plan and the state comprehensive plan. Background Analysis In reply to objections and recommendations in the ORC pertaining to the Background Analysis, the City supplemented its data and analysis through revisions. Shortly after the Plan had been adopted and transmitted, the City sent to DCA the revisions to the data and analysis and responses to the objections and recommendations concerning data and analysis. Future Land Use Element and Map In response to the objection that the data omitted conservation uses and historic resources, the City states that there are "no conservation uses" and supplies a map depicting existing historic resources. Elaborating upon the historic resources, the City mentions a survey of historic structures that took place in November, 1987. The resulting list of 72 structures is depicted on a map, which is included in the response and entitled, "Cocoa Historic District." An inventory of the properties is included. In a narrative response to an objection to the absence of an analysis of the need for redevelopment, the City describes its earlier redevelopment efforts, which include the adoption of a redevelopment plan, pursuant to Chapter 163, Part III, Florida Statutes. Noting the objectives of the redevelopment plan as to the elimination of slums and blighted conditions, the narrative concludes: "These goals should be retained and reiterated in the goals, objectives and policies section of the Comprehensive Plan." 2. Housing Element The revised Background Analysis contains a long narrative concerning housing. At the end, the City states that it should take "appropriate measures" to preserve and protect the Porcher House, which is the only structure in the City listed on the National Register of Historic Places, and maintain the quality of older neighborhoods in order to preserve other potentially significant property. 3. Drainage Subelement Responding to an objection that the data and analysis fail to include the capacity allocated to meet the City's drainage needs for the ten-year planning horizon, the City added the following language: However, information is not currently available for future allocation and usage during the ten-year planning period. The available information is insufficient to accurately determine the proportion of design capacities currently being used to handle runoff and groundwater flows in the drainage system components. 4. Capital Improvements Element Elaborating upon its earlier responses to the objections to the Drainage Subelement of the Background Analysis, the City states that "[t]here are no planned capital improvements for the drainage system." The City refers to attached materials in response to numerous objections to the omission from the analysis of future revenue and expenditures available for needed capital improvements. However, such material was not included with the revisions and responses. 5. Coastal Management Element The glossary added to the Background Analysis by the revisions reiterates the statement in the original Background Analysis, noted at Paragraph 65 above, that the coastal area for the Coastal Resources Subelement is the entire City. (The reference to "Rockledge" is a typographical error; the Regional Planning Council, which drafted the Background Analysis and revisions, was working at the same time on the Rockledge comprehensive plan.) (Responses to DCA Comments, p. 12-6.) 6. Miscellaneous In responding to objections to the data and analysis concerning the consistency of the Plan with the plan of the Regional Planning Council, the City cites a new Objective 6.3 with new Policies 6.3.1-6.3.5 and 6.4.9. These items, which generally deal with ensuring the persistence through 1998 of the 1990- level distribution and abundance of endangered and threatened species and their habitats in the City, were neither considered nor adopted by the City Council. Objective 6.3 and Policies 6.3.1-6.3.5 and 6.4.9 are therefore not part of the Plan. Determination of Compliance by DCA After receiving the Plan and supporting documents shortly after October 4, 1988, DCA analyzed the revisions and responses in light of the 139 objections and recommendations contained in the ORC. At the conclusion of the analysis, DCA found that 28 of the revisions and responses were inadequate. These findings are set forth in the Preliminary Findings on the Cocoa Comprehensive Plan, which is dated November 16, 1988. On November 26, 1988, DCA published, by way of a 10 1/2" by 6 1/2" advertisement, its Notice of Intent to Find the City of Cocoa Comprehensive Plan in Compliance. The advertisement complies with the statutory requirements. Ultimate Findings as to Public Participation The public participated in the comprehensive planning process to the fullest extent possible. The City Council adopted procedures to provide effective public participation, including notice to real property owners of all official action affecting the use of their property. Any deficiency in the procedures is immaterial. The Planning and Zoning Board duly discharged its responsibilities as the local planning agency under the Act. The City Council and Planning and Zoning Board amply advertised their many public hearings and provided reasonable opportunity for written comments and open discussion. Comments from the public appear to have received fair consideration. The City disseminated proposals and other information as broadly as possible, although certain materials were available at times only to staff and not the City Council, Planning and Zoning Board, or public. The City was confronted with a substantial task involving the identification, consideration, and resolution of complex technical and legal questions. The City prudently delegated much of the work to City staff and outside consultants. The Act generates severe time pressures, especially on the local government, which has only 60 days to digest the ORC and adopt a plan. Once the City received the ORC, about half of the 60 days was spent by the staff and outside consultants in drafting proposed revisions and responses. Neither City Council or the Planning and Zoning Board could realistically commence public meetings until the members had reviewed the work of the consultants and staff. Critical land use decisions such as those involved in the adoption of a comprehensive plan are politically sensitive. The land use decisions in this case generated considerable controversy in the community. Members of the City Council or the Planning and Zoning Board could not reasonably be expected to commence public meetings before they were aware of what revisions and responses were being proposed by their experts. The greatest shortcoming in the public participation process involved the ongoing proposed changes to the Future Land Use Map and the inability or unwillingness of the City to disseminate in a timely manner updated maps reflecting these proposed changes. Broader and more timely dissemination of the proposed changes would have facilitated more careful consideration of the effects of redesignating the uses of large parcels of land. However, the real target of the frustrations expressed with the public participation process is with the resulting land use decisions, not the process itself. Even in light of the shortcomings with respect to the revisions to the Future Land Use Map, the public participated in the process to the fullest extent possible under the circumstances described above. Ultimate Findings as to Consistency Drainage, Wetlands, and Floodplains Internal Consistency The Plan is internally inconsistent with respect to drainage, wetlands, and floodplains. These inconsistencies render the Plan inconsistent in the related matters of protecting the estuarine waters of the Indian River Lagoon; fisheries, wildlife, and vegetation habitat; and general water quality. In general, the inconsistencies result from the conflict between Plan provisions protecting wetlands, restricting floodplain development, and ensuring adequate drainage, on the one hand, and, on the other hand, the elimination of nearly all of the existing open space/wetlands from, and the failure to depict wetlands as a natural resource on, the Future Land Use Map. Many Plan provisions assure the protection of wetlands, adequacy of drainage, and restriction of development in the floodplains, as well as the protection of the estuarine waters of the Indian River, various habitats, and general water quality. For instance, Policy 1.1.B protects the wetlands identified in the Conservation and Future Land Use Elements. Objective 1.5 requires that development activities will be consistent with and supportive of the Plan's objectives for protecting natural resources. Objective 4.3.6 promises ordinances to ensure the protection of wetlands. Policy 4.3.6.1 restricts public infrastructure funds that encourage the development of the wetlands. Goal 5.3 and Objective 5.3.1 provide for the protection and restoration of estuarine habitats and floodplains. Policy 6.4.7 prohibits any development that significantly and adversely alters the function of the wetlands. Objective 6.5 requires that the condition of the Indian River, in terms of its ability to support numbers and types of aquatic vegetation and fish, be maintained or improved between now and 1993. Policy 6.5.3 requires that the City take steps to reduce the volume of untreated stormwater. Objective 6.8 ensures the protection of the flood storage and conveyance capacities of the 100 year floodplain. However, the protection guaranteed wetlands, floodplains, and drainage is contradicted by the treatment of wetlands in The Future Land Use Map. The map is a critical component of the Plan. According to both Objective 1.2 and the Background Analysis, the Future Land Use Map will provide the rationale for all future land use decisions when the City implements the Plan with land development regulations. The Future Land Use Map is at least as important as goals, objectives, or policies in setting the course for future development and redevelopment in Cocoa. The Future Land Use Map subordinates all but a small section of the wetlands in the City to residential and commercial land uses. The City could have extended effective protection to the wetlands by reserving them a place in Cocoa's future. First, the City could have shown them as a natural resource on the Future Land Use Map. Second, the City could have shown them as a conservation land use on the Future Land Use Map. The failure to take these steps was not inadvertent. The ORC pointed out both of these omissions. In the Proposed Plan, the City chose to designate the wetlands as open space, which provided some protection. Even so, DCA objected to the omission of a conservation land use category from the Future Land Use Map, as required by Rule 9J-5.006(4)(a). The City's response: "No . . . conservation . . .land use categories are applicable for the city." DCA also objected to the failure to show on the Future Land Use Map all required natural resources, which include wetlands under Rule 9J-5.006(4)(b). The City's response, which betrays a failure to comprehend the difference between a land use category and a natural resource: "Wetlands are not a designated future land use." These "explanations" are hardly consistent with overall protection of the wetlands or, specifically, with such provisions as are contained in Policy 7.2.1.2, which provides that the City will "[d]esignate conservation areas . . . as part of the future land use map in order to preserve open space and fulfill . . . [Conservation Element] objectives." As the Future Land Use Map presently stands, the City will soon adopt land development regulations consistent with the use of nearly all of its wetlands for low- and medium-density residential and commercial purposes. Following the adoption of these land development regulations, it will be too late to protect the wetlands as a system, which is how they function in providing drainage, habitat, and water filtration. Absent designation as a conservation area or open space, the wetlands can be preserved, at most, as isolated, poorly functioning remnants carved out of large-scale development plans. Wetlands are vital to the efforts of the City in the areas of drainage, flood control, and water quality. Two factors exacerbate the above- described inconsistencies in the Plan. First, the drainage system suffers from known deficiencies, and, at the same time, the City has failed to achieve certain significant objectives of its prior comprehensive plan with respect to drainage, flood control, and nonpoint sources of water pollution, such as stormwater runoff. Second, the data are inadequate concerning the City's drainage needs and capacity, as well as the precise role of the wetlands as to drainage and conservation. Although eliminating open space/wetlands as a land use category and declining to depict wetlands and floodplains as a natural resource, the City acknowledges several significant shortcomings in its drainage system and efforts to protect floodplains and wetlands. The City has failed to accomplish goals of earlier comprehensive plans to adopt a citywide Master Drainage Plan and obtain cost estimates for drainage improvements. It has even failed to adhere to statewide plans to control nonpoint sources of water pollution and prevent alteration of drainage patterns. A drainage improvement program, initiated between April and October, 1988, begins on an inauspicious note with the elimination of nearly all of the open space/wetlands from the Future Land Use Map. There are signs that the natural drainage system offered by local waterbodies and wetlands may be reaching or exceeding its capacity. There is clear evidence of at least isolated failures of vital parts of the natural drainage system. For example, Big Mud Lake has been exploited to its limit as a receptacle for untreated stormwater and is probably eutrophic. Suffering from untreated stormwater runoff, the Indian River has lost the vitality needed to maintain a harvestable shellfish population. The water quality of both of these waterbodies is not good. It is difficult to correlate Plan provisions protecting wetlands, ensuring adequate drainage, and preserving water quality with the nonrecognition of wetlands in the Future Land Use Map, especially in view of the City's admitted lack of knowledge concerning the needs and capacities of its drainage system. Besides repeated references in the Background Analysis to a lack of data concerning important aspects of the drainage system, the goals, objectives, and policies reflect the need for considerably more information in this area. For instance, Objectives 4.3.2 and 4.3.5 identify "needs assessments," "engineering studies," and "inspection programs" with respect to flooding and drainage that will be conducted in the future. Objective 4.3.7 ties in this work with the promise of the preparation of a surface water management plan, by October 1, 1995, to determine "existing deficiencies and needs," "cost and time requirements of corrective actions," and "sources of revenue." Policies 4.3.2.5, 4.3.5.2, 4.3.5.3, 4.3.7.1, and 4.3.7.2 also promise engineering studies to take place in the future in order to gather more information concerning drainage and the effect of stormwater on receiving waterbodies. The Background Analysis notes that no complete inventory of the drainage system has taken place for 20 years. The City requires these studies in order to determine what to do about a deficient drainage system for which no improvements are presently planned. Objective 4.3.7 acknowledges that the City has not included any improvements to its drainage or stormwater management systems for at least the initial five-year planning timeframe covered by the Plan. The Five Year Schedule of Improvements reflects no such expenditures, and the Background Analysis states that no such expenditures are planned for the next five years. As a result of the elimination of the open space/wetlands, many provisions concerning drainage and floodplain are no longer supported by the data and analysis in material respects. The data reveal the critical role of the wetlands and 100 year floodplain in the present performance of the drainage system. However, as noted above, the data also reveal that insufficient information is presently available upon which to justify the residential and commercial development of the wetlands, especially in the face of ongoing development in the 100 year floodplain. The broad promises of adequate drainage, floodplain protection, and maintenance or enhancement of the estuarine waters of the Indian River are inconsistent with the elimination of nearly all of the open space/wetlands from the Future Land Use Map and even the presence of significant development of wetlands and vacant floodplains. Under the circumstances, the Plan is internally inconsistent in its treatment of wetlands, drainage, and floodplains and, as a result of these inconsistencies, in its treatment of estuarine waters, the above-described habitats, and general water quality. The elimination from the Future Land Use Map of the open spaces hosting nearly all of the wetlands, coupled with the refusal to designate the wetlands and floodplains as natural resources on the map, are not merely inconsistent but mutually exclusive with Plan provisions protecting the above-named resources and ensuring adequate drainage. These Plan provisions lack support by the data and analysis contained in the Background Analysis. Under these conditions and in view of the failure of the City to allocate funds for improvements in the drainage system, including stormwater runoff, the Plan also lacks economic feasibility with respect to drainage and stormwater treatment. 2. Consistency with the Regional Plan Several "issues" identified in the plan of the Regional Planning Council are devoted to wetlands, drainage, and floodplains. Each of these issues contains a goal, background summary, and policies. Issue 38 of the regional plan deals with the protection of water resources. After acknowledging that stormwater runoff may be the largest surface water quality problem facing the region, Policies 38.3 and 38.5 urge local governments to divert the "first flush" of stormwater to retention facilities. The policies recommend that the local governments employ the most efficient and cost-effective pollutant control techniques available and wet detention facilities, including isolated wetlands. The goal of Issue 39 is to reduce dependence on structural means of floodplain management and optimize maintenance of water-dependent natural systems. The regional plan states that wetlands assimilate nutrients and trap sediment from stormwater, as well as physically retard the movement of surface water. Policy 39.7 advises that "[n]atural, isolated wetlands should be incorporated in surface water management systems as detention facilities, where . . . practical and appropriate, as an alternative to filling or excavating such wetlands." Policy 39.8 adds: "Floodplains which are relatively undisturbed should be protected and preserved " The goal of Issue 40 is the protection and preservation of the region's coastal areas. The regional plan defines the "coastal zone" as "within the watersheds of coastal estuaries," including the Indian River. The background summary recognizes the adverse effects of stormwater runoff on the Indian River, which is one of two major estuaries draining the region's coastal zone. These effects include the introduction of fresh water, which kills sensitive aquatic organisms like clams and oysters, and heavy metals and other pollutants. Policy 40.1 states in part: Proposed activities which would destroy or degrade the function of coastal wetlands . . . should not be permitted except where such activities are clearly in the public interest and there is no practical alternative which reduces or avoids impacts to wetlands. The redesignation of the four open spaces and the elimination of wetlands as a future land use is inconsistent with Policy 40.1. The use of the advisory word "should" in Policies 38.3, 38.5, 39.7, and 39.8 militates against a finding of inconsistency based upon a small number of specific provisions containing little more than recommendations. On balance, the Plan is not inconsistent with the policies of the regional plan. 3. Consistency with the State Plan Under the category of water resources, the state plan includes the following policies at Section 187.201(8)(b), Florida Statutes: 2. Identify and protect the functions of water recharge areas and provide incentive for their conservation. 4. Protect and use natural water systems in lieu of structural alternatives and restore modified systems. 8. Encourage the development of a strict floodplain management program by state and local governments designed to preserve hydrologically significant wetlands and other natural floodplain features. 10. Protect surface and groundwater quality and quantity in the state. 12. Eliminate the discharge of inadequately treated . . . stormwater runoff into the waters of the state. Under the category of natural systems and recreational lands, the state plan includes the following policies at Section 187.201(10)(b), Florida Statutes: Conserve . . . wetlands, fish, marine life, and wildlife to maintain their environmental, economic, aesthetic, and recreational values. 7. Protect and restore the ecological functions of wetlands systems to ensure their long-term environmental, economic, and recreational value. The above-cited policies are clear and specific. On balance, the Plan's treatment of wetlands, drainage, and floodplains, as well as estuarine waters, fisheries, wildlife, and vegetation habitats, and water quality, is inconsistent with the above-described policies of the state plan. On balance, the Plan is incompatible with and fails to further the state plan. The Plan is therefore inconsistent with the state plan. Historic Resources Internal Consistency The Plan is internally consistent with respect to historic resources. No material inconsistency exists with respect to the identification and protection afforded historic resources by the Plan. All relevant provisions of the Plan are oriented toward the protection of historic resources. Objective 3.1.4 promises the protection and preservation of historically significant housing. Policy 3.1.4.7 states that the City will identify historically significant housing and structures annually. Policy 1.5.3 provides that the City will protect historic resources by the education of the public, consideration of the establishment of an historic district, and purchase of development rights. Objective 1.5 states that in one year all development must be consistent with the Plan's objectives for the protection of historic resources. The above-described objectives and policies are supported by the data and analysis. As revised, the Background Analysis contains a map entitled the Cocoa historic district and an inventory of the 72 properties depicted on the map. Rule 9J-5.006(4)(a)10., Florida Administrative Code, requires the inclusion in the Future Land Use Map of historically significant properties meriting protection and the boundaries of any historic district. In the responses to the ORC, the City states that "no . . . historic resource land use categories are applicable for the city." There is some conflict between the acknowledgement of an historic district and claim that no historic resource land use categories are applicable for the city. However, on balance, the inconsistency is immaterial. Unlike the situation with respect to wetlands, drainage, and floodplains, the Plan provisions protecting historic resources can be carried out without the designation of an historic district on the Future Land Use Map. 2. Consistency with the Regional Plan Two "issues" of the plan of the Regional Planning Council are devoted to historic resources. Issue 61 concerns access to cultural and historical resources. Issue 62 concerns the development of cultural and historical programs. Policy 61.1 states that historical resources "shall" be properly identified and evaluated and "should" be protected and preserved. Policy 61.3 states that local governments should adhere to the requirements of the Act regarding the inclusion of known historically sensitive resources in existing and future land use maps and the treatment of historical resources in the coastal management element, where applicable. Policy 61.5 provides that the local government "shall," "to the maximum practical extent," avoid or reduce adverse impacts of adjacent land uses on historical sites listed or eligible for listing on the Florida Master Site File or National Register of Historic Places. Policy 62.5 states that historic resources listed or eligible for listing on the Florida Master Site File or National Register of Historic Places "shall be taken into consideration" in all capital improvement projects. The Plan could have gone farther to promote the preservation of historic resources, especially from the adverse impact of nearby development and redevelopment. The most obvious way in which to achieve this goal would be through the designation of an historic land use category. However, on balance, the Plan is not inconsistent with the policies of the regional plan. 3. Consistency with the State Plan Under the category of cultural and historical resources, the state plan includes the following policies under Section 187.201(19)(b), Florida Statutes: 3. Ensure the identification, evaluation, and protection of archaeological folk heritage and historic resources properties of the state's diverse ethnic population. Encourage the rehabilitation and sensitive, adaptive use of historic properties through technical assistance and economic incentive programs. Ensure that historic resources are taken into consideration in the planning of all capital programs and projects at all level of government and that such programs and projects are carried out in a manner which recognizes the preservation of historic resources. The Plan's treatment of historic resources is consistent with the above-described policies of the state plan. Redevelopment Plan The omission of the redevelopment plan earlier adopted by the City, the failure to describe in the Plan redevelopment programs, activities, and land development regulations, and the exclusion from the Coastal Management Element of a redevelopment component did not render the Plan inconsistent internally or with the regional or state plans.
Conclusions Jurisdiction 86 Standing 88 The Act 91 Public Participation 91 Elements Required of All Plans 94 General 94 Future Land Use Element and Map 96 Public Facilities Element 97 Conservation Element 99 Housing Element 100 Capital Improvements Element 100 Coastal Management Element 101 Miscellaneous Elements 104 Determination of Noncompliance 105 General 105 Wetlands, Drainage, and Floodplains 106 Historic Resources 108 Remedial Action 108 RECOMMENDATION 108
Recommendation Based on the foregoing, it is hereby recommended that the Department of Community Affairs determine that the Plan is not in compliance and, pursuant to Section 163.3184(9)(b), Florida Statutes, submit this Recommended Order to the Administration Commission for entry of an appropriate final order. RECOMMENDED in Tallahassee, Florida, this 2nd day of June, 1989. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 FILED with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NOS. 88-6338GM AND 89-0291GM Treatment Accorded the Proposed Findings of Petitioners Austin, Houston, and Dorn 1-16 Adopted. 17 Adopted in substance. However, Ms. Lawandales maintained in her office a color-coded map through much, if not all, of the planning process. 18-19 Rejected as subordinate. 20-21 Adopted. Rejected to the extent that the finding suggests that the Planning and Zoning Board did not intend that the City Council adopt the Plan. Although the Planning and Zoning Board did not formally recommend adoption by the City Council, the Board intended that the City Council adopt the Plan. Adopted. Rejected as recitation of testimony and subordinate. First four sentences adopted or adopted in substance. Remainder rejected as irrelevant. 26-27 Adopted in substance. 28-30 Rejected as subordinate. 31-33 Adopted in substance. Rejected as against the greater weight of the evidence. Adopted. Rejected as subordinate. Adopted in substance. 38-40 Rejected as irrelevant. 41 Rejected as subordinate. 42-43 Adopted. 44-46 Rejected as against the greater weight of the evidence. Adopted. Adopted in substance. 49-51 Rejected as irrelevant. 52 Rejected as against the greater weight of the evidence. 53-54 Rejected as recitation of testimony. 55 Adopted. 56-58 Rejected as irrelevant, except that the proposed finding that DCA found the Plan to be in compliance after using a balancing test is adopted in substance. Rejected as irrelevant. Rejected as against the greater weight of the evidence. 61-62 Adopted. Rejected as irrelevant. Adopted. 65-66 Rejected as irrelevant. 67-69 and 71 Rejected as legal argument. Rejected as against the greater weight of the evidence. Rejected as not finding of fact. 72-83 Rejected as irrelevant and against the greater weight of the evidence. 84-86 Rejected as irrelevant. Specific objectives and policies are insufficiently specific and, in certain respects, various Plan provisions represent nothing more than an intent to plan at a later date. However, such deficiencies must be evaluated in the context of all of the provisions of the entire Plan. After doing so, the only places at which the lack of specificity and deferral of planning are generate unlawful inconsistencies have been described in the recommended order. 87-91 Adopted or adopted in substance except that last sentence of Paragraph 91 is rejected as against the greater weight of the evidence. 92-93 Rejected as irrelevant. 94 Rejected as against the greater weight of the evidence. 95-98 Rejected as irrelevant. 99 and 111 Rejected as recitation of evidence. 100-110 and 112 Rejected as against the greater weight of evidence. 113 Rejected as not finding of fact as to the expertise of the witness. Rejected as against the greater weight of the evidence as to the inconsistency in the Plan's treatment of historic resources. Treatment Accorded Proposed Findings of Petitioners Hendry There are no rulings on the proposed findings of Petitioners Hendry due to the fact that it has been determined that they lack standing. Treatment Accorded Proposed Findings of DCA 1-4 Adopted. 5-18 Rejected as legal argument. 19-40 Adopted. 41 Rejected as irrelevant. 42-56 Adopted. 57 First sentence rejected as against the greater weight of the evidence. Second sentence adopted. 58-69 Adopted. 70 Adopted in substance. 71-72 Adopted. 73 First sentence adopted. Second sentence rejected as against the greater weight of the evidence. 74-75 Adopted in substance. Adopted. Rejected as legal argument. Treatment Accorded Proposed Findings of Cocoa I-IV Adopted or adopted in substance. Adopted except that Paragraphs B and C are rejected as legal argument. Adopted except that Paragraphs B.5, B.7, B.13, and B.14 are rejected as irrelevant and Paragraph B.8.f is rejected as against the greater weight of the evidence. Adopted in substance. Adopted or adopted in substance except that Paragraph G is rejected as against the greater weight of the evidence. COPIES FURNISHED: Judith E. Koons Attorney at Law Central Florida Legal Services, Inc. 1149 Lake Drive, Suite 201 Cocoa, FL 32922 David P. Hendry, pro se 17 Riverside Drive, #2 Cocoa, FL 32922 David J. Russ, Senior Attorney Rhoda P. Glasco, Senior Attorney Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Bradly Roger Bettin Amari, Theriac, Roberts & Runyons 96 Willard Street, Suite 302 Cocoa, FL 32922 Thomas G. Pelham Secretary Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Laurence Keesey General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ================================================================= AGENCY FINAL ORDERS ================================================================= STATE OF FLORIDA BEFORE THE ADMINISTRATION COMMISSION OMEGA AUSTIN, BEATRICE HOUSTON, and MARY DORN, Petitioners, vs. CASE NO. 89-31 DOAH CASE NO. 88-6338GM DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF COCOA, Respondents. / DAVID P. HENDRY, SR. and LOULA P. HENDRY, Petitioners, vs. CASE NO. 89-31 DOAH CASE NO. 88-0291GM DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF COCOA, Respondents. /
