The Issue The issue in this case is whether Ordinance 679-L of the City of St. Petersburg ("City"), which amended the Future Land Use Map (“FLUM”) of the City's Comprehensive Plan on certain property generally located at the northeast corner of 9th Avenue North and 66th Street North within the boundaries of the City (the "Subject Property") from Institutional to Residential Office Retail (R/O/R) land use on 2.98 acres, Residential Office General (R/OG) on 2.98 acres, and Residential Urban (RU) on 12.02 acres (the “Plan Amendment”), is "in compliance" as defined by Section 163.3184(1)(b), Florida Statutes,i notwithstanding Petitioners' contentions that the Plan Amendment is internally inconsistent and not based on data and analysis.
Findings Of Fact Parties Each Petitioner submitted oral and/or written comments, recommendations and/or objections to the City regarding the disputed land use amendments that are the subject of this case between the day of the transmittal hearing (July 18, 2006) and the day of the adoption hearing (February 15, 2007). Each individual Petitioner owns and/or resides on property within the boundaries of the City. The Eagle Crest Civic Association, Inc., f/k/a Eagle Crest Neighborhood Association, Inc., is a Florida not-for- profit corporation conducting business within the boundaries of the City. The Eagle Crest Civic Association, Inc., collects dues from membership, conducts monthly business and informational meetings at the St. Petersburg College Gibbs Campus Library in the City, and advocates interests on behalf of its membership before the St. Petersburg Council of Neighborhood Associations and various City and County governmental boards, commissions and councils. The Department is the state land planning agency that is statutorily charged with the duty of reviewing comprehensive plans and their amendments, and determining whether a plan or amendment is “in compliance,” as that term is defined in Section 163.3184(1)(b), Florida Statutes. The City is a municipality and political subdivision of the State of Florida and has adopted a comprehensive plan that it amends from time to time pursuant to Section 163.3167(1)(b), Florida Statutes. Sembler is a Florida corporation headquartered and conducting business in the City; by virtue of a contract for the purchase of the property that is the subject of this dispute, Sembler is an equitable owner of the property that is affected by the challenged FLUM Amendment in this case. Background The Subject Property has been owned by the Catholic Diocese of St. Petersburg since 1952. Notre Dame High School, a Catholic girls-only high school, was constructed on the Subject Property in the early 1960’s. In 1977, Notre Dame High School merged with Bishop Barry High School (a Catholic boys-only high school to the east of the Subject Property) and the improvements on the Subject Property were used for various Catholic diocesan offices and other administrative purposes. Notre Dame High School was eventually demolished, and the only improvements remaining on the Subject Property are a former field house used for storage purposes and a former convent used for a multi-purpose building. The Subject Property is otherwise currently completely vacant. Since 1977 the Subject Property has had a FLUM designation of Institutional. In January of 2006, Sembler applied to the City for a change in the FLUM designation on the Subject Property from Institutional to Commercial General for an approximately 13.25 acre portion of the Subject Property fronting predominately along the west side 66th Street North between 9th Avenue North and 13th Avenue North. On March 7, 2006, Sembler requested a deferral of its pending application to consider a modification of the development plan to less intensive commercial uses. The deferral was granted by the City Planning Commission. On March 29, 2006, Sembler submitted a new application, abandoning the prior request to change the FLUM designation for the approximately 13.25-acre portion from Institutional to Commercial General. The new application (March 29, 2006) by Sembler requested a change to the Future Land Use designation for an approximate 6.19-acre portion of the Subject Property from its existing Institutional designation to Residential Office Retail ("R/O/R"). This new application was assigned City File Number PC-700 (“PC-700”). The intention of the PC-700 application was to develop multifamily residential units on approximately 11.8 acres of the Subject Property and to develop neighborhood commercial uses on the approximate 6.19-acre portion of the Subject Property. The PC-700 application included a Development Agreement proposed by Sembler which, among other things, limited the actual commercial development of the 6.19 acre portion to 26,000 square feet of space, and required that a quarter, or 25 percent, of that space be developed under the zoning regulations for Residential Office General ("R/OG"), instead of R/O/R. On May 2, 2006, the City’s Planning Commission (the “LPA”) conducted a public hearing to consider the PC-700 Application, and voted 6-2 to recommend approval of the PC-700 application to the St. Petersburg City Council (the “City Council”). On July 18, 2006, the City Council conducted a public hearing for the First Reading of the PC-700 application, and unanimously adopted a resolution approving the transmittal of a proposed ordinance adopting PC-700 to the Department, among others, for review and comment pursuant to Chapter 163, Florida Statutes and Chapter 9J-5, Florida Administrative Code. On September 29, 2006, the Department published its Objections, Recommendations and Comments (“ORC”) Report on the Plan Amendment contained in PC-700. The Department raised no objections to the proposed Plan Amendment. Sometime between September 29, 2006, and December 14, 2006, Sembler modified its application PC-700. The modified application was intended to address some of the concerns raised by neighborhood associations representing citizens who owned property and resided in areas adjacent to the Subject Property. The modified PC-700 application requested a FLUM amendment for 2.98 acres of the Subject Property to be changed from Institutional to R/O/R, for 2.98 acres of the Subject Property to be changed from Institutional to R/OG, and for 12.02 acres of the Subject Property to be changed from Institutional to RU (“PC-700 Modified”). The PC- 700 Modified application also included a proposed Development Agreement which, among other things, limited the actual development of the R/O/R acreage to a maximum of 13,000 square feet, and limited the total combined development of the R/O/R and ROG acreage to 26,000 square feet. On December 14, 2006, the City Council conducted its First Reading of the PC-700 Modified application, approving the application and setting the Second Hearing for the application for February 15, 2006. On February 6, 2006, the Pinellas County Commission, meeting as the County Planning Authority (the “CPA”), held a public hearing to consider the PC-700 Modified application. The CPA approved the PC-700 Modified application. On February 15, 2007, the City Council conducted its Second Reading public hearing of the PC-700 Modified application and voted to adopt Ordinance 679-L, amending the FLUM designation of the Subject Property from Institutional to R/O/R on 2.98 acres, R/OG on 2.98 acres, and RU on 12.02 acres (the “Plan Amendment”). Petitioners do not challenge the FLUM amendment for the RU portion of the Subject Property. On February 23, 2007, the City transmitted the adopted Ordinance 679-L, together with staff reports from the December 14, 2006, and February 15, 2007, public hearings and certain other pertinent information, to the Department for its review pursuant to Chapter 163, Florida Statutes, and Chapter 9J-5, Florida Administrative Code. On April 16, 2007, the Department published in the St. Petersburg Times newspaper its NOI to find the City’s Plan Amendment “in compliance.” Petitioners' Challenge The Petitioners assert that the FLUM amendment adopted by the City in Ordinance 679-L is not “in compliance” pursuant to Section 163.3184(1)(b), Florida Statutes, because: (1) the FLUM amendment is not based on adequate data and analysis as required by Section 163.3177(8), Florida Statutes, and Florida Administrative Code Rule 9J-5.005(2)(a) iii; and (2) the FLUM amendment is not internally consistent with specific objectives and policies of the City’s Plan as required by Section 163.3177(2), Florida Statutes, and Rule 9J-5.005(5)(a) and (b). The Petitioners’ challenge is centered on three specific objectives and policies contained in the Future Land Use Element ("FLUE") of the City’s Plan: Policy LU3.17, Objective LU4(2), and Objective LU18.iv The Petitioners assert that the challenged Plan Amendment is inconsistent with those objectives and policies and is not based on data and analysis. The Department and the Intervenors assert that those objectives and policies are not applicable, that the Plan Amendment is not inconsistent with those objectives and policies, and that the Plan Amendment is based on data and analysis. The Intervenors also assert that, even if the Plan Amendment were inconsistent with those objectives and policies, consistency with other goals, objectives, and policies in the plan should be "balanced" against the inconsistency and that the consistencies outweigh the inconsistencies, so that the Plan Amendment still would be "in compliance." The Petitioners and the Department do not subscribe to such a balancing of consistencies and inconsistencies, citing Dept. of Community Affairs v. Lee County and Leeward Yacht Club, LLC, AC-06-006, DOAH Case No. 06-0049GM, 2006 Fla. ENV LEXIS 158 (Admin. Comm'n Nov. 15, 2006). Pertinent City Comprehensive Plan Provisions The City's FLUE Policy LU3.17 states: The City has an adequate supply of commercial land use to meet existing and future needs. Future expansion of commercial uses shall be restricted to infilling into existing commercial areas and activity centers, except where a need can be clearly identified. The City's FLUE Objective LU4 states in pertinent part: The Future Land Use Plan and Map shall provide for the future land use needs identified in this Element: * * * Commercial – additional commercial acreage is not required to serve the future needs of St. Petersburg. An oversupply exists based upon the standard of 1 acre of commercial land for every 150 persons in the community. * * * 4. Mixed Use – developments are encouraged in appropriate locations to foster a land use pattern that results in fewer and shorter automobile trips and vibrant walkable communities. The City's FLUE Objective LU18 states: Commercial development along the City’s major corridors shall be limited to infilling and redevelopment of existing commercially designated frontages. Section 1.2.2 of the General Introduction to the City’s Plan describes the format of the elements of the Plan and includes the following pertinent sub-headings and language: 1.2.2.3 Goals, Objectives, and Policies The Goals, Objectives, and Policies have been developed in response to and in accordance with the needs and directions of growth and determined levels of service requirements as identified within the Inventory and Analysis which can be found in the accompanying 1989 Technical Support Documents [TSDs] and the 1996 Evaluation and Appraisal Report [EAR]. All objectives are designed to identify the measurable achievements necessary to support the related goal. In those cases, where the Objective is not specific and/or measurable, but rather, the actual specificity and measurability is found in the supporting policy(ies), the policy(ies) shall be used for the purposes of monitoring and evaluation. The policies are intended to act as implementation mechanisms identifying programs and procedures to be used to accomplish the related objective. This Comprehensive Plan is intended to be utilized as a document in its entirety. It shall hereby be established that no single goal, objective or policy or minor group of goals, objectives or policies, be interpreted in isolation of the entire plan. 1.2.2.5 Status and Use of the TSD and the EAR . . . . The 1989 TSD and the 1996 EAR are hereby referenced and established as the supporting data and analysis for this Comprehensive Plan. The TSD and the EAR may be used to assist in the interpretation of this comprehensive plan and to aid in the review of proposed changes to this plan. It should be updated as necessary to maintain the usability of the data and analysis as an interpretive and advisory aid. * * * 1.3.1.2 Competing Policies Where two or more policies are competing when applied to a particular set of factual circumstances, such conflict shall be resolved first by administrative interpretation of the Comprehensive plan policies. The objective of any such interpretation shall be to obtain a result which maximizes the degree of consistency between the proposed development or public sector activity and this Comprehensive Plan considered as a whole. The City’s Plan also includes the following pertinent definitions in Section 1.7: Commercial Uses - Activities within land areas which are predominately connected with the sale, rental, and distribution of products, or performance of services. * * * Mixed Use - A site that has a combination of different land uses, such as residential, office and retail. In addition, Policy LU3.1(B) of the City’s FLUE defines "Commercial and Mixed Use Categories" to include: Residential/Office General (R/OG) - allowing mixed use office, office park and medium density residential up to a floor area ratio of 0.5 and a net residential density of 15 dwelling units per acre. . . . Commercial General (CG) - allowing the full range of commercial uses including retail, office, and service uses up to a floor area ratio of 0.55. . . . Retail/Office/Residential (R/O/R) - allowing mixed use retail, office, service, and medium density residential uses generally up to a floor are ratio of 0.4 and a net residential density of 15 dwelling units per acre. . . . Finally, FLUE Policy LU3.1(D) defines "Public/Semi- Public Categories" to include: 2. Institutional (I) - Limited to designation of federal, state and local public buildings and grounds, cemeteries, hospitals, churches, and religious institutions and educational uses. Residential uses having a density not to exceed 12.5 dwelling units per acre, are also allowed. Residential equivalency uses are not to exceed 3 beds per dwelling unit. Non-residential uses permitted in the land development regulations are not to exceed a floor area ratio of 0.55. Consistency with Commercial Use Restrictions The Petitioners proved beyond fair debate that the Plan Amendment at issue increases "the supply of commercial land use to meet existing and future needs." FLUE Policy LU3.17. This is clear not only from the potential for commercial use in the mixed use R/O/R and R/OG future land use categories, but also from the City's inclusion of nine-tenths of the former's and one-tenth of the latter's acreage in the inventory of commercial land use for purposes of determining the "supply of commercial land use to meet existing and future needs" in FLUE Policy LU3.17 and the ratio described in FLUE Objective LU4.2. The question is whether the restrictions on commercial future land uses reflected in those Plan provisions apply to the mixed use categories of R/O/R and R/OG. Prior to adoption, the City's staff reports stated that the commercial restrictions do apply, and that the Plan Amendment at issue was inconsistent with those restrictions, but that the Plan Amendment was consistent with several other Plan provisions and "on balance, consistent with the goals, objectives and policies of the Comprehensive Plan." However, in this de novo proceeding, the staff reports are not controlling on the applicability of the commercial restrictions and the consistency of the FLUM amendments at issue with those restrictions. In the first place, in light of the contrary testimony of staff during the final hearing, the intent of staff in using the language in the reports is fairly debatable. Second, after the staff reports were prepared, significant testimony on need and demand for commercial land use at the particular location of the FLUM amendments at issue was presented during the final public hearing on the PC-700 Modified application on February 15, 2007, which could have changed staff's mind on at least some of the issues. Finally, the extent to which the City Council may have relied on the staff reports in determining that the Plan Amendment was "in compliance" is not clear from the evidence and is fairly debatable. The City now takes the position, along with the Department, that the restrictions on commercial future land use in FLUE Policy LU3.17 and Objective LU4.2 do not apply to R/O/R and R/OG because they are mixed use future land use categories, not commercial future land use categories. In support of this position, they point out that Objective LU4 treats "Mixed Use" and "Commercial" "future land use needs" differently and applies the restriction only to "Commercial" "future land use needs," while encouraging mixed use developments in appropriate locations. Several of the specific Plan provisions cited in the staff reports as being consistent with the Plan Amendment addressed the appropriateness of a mixed use development at the proposed location, including: FLUE Policy LU3.18, which states that "retail and office activities shall be located, designed and regulated so as to benefit from the access afforded by major streets without impairing the efficiency of operation of these streets or lowering the LOS [level of service] below adopted standards, and with proper facilities for pedestrian convenience and safety"; FLUE Policy LU3.4, which states that "[t]he Land Use Plan shall provide for compatible land use transition through an orderly land use arrangement, proper buffering, and the use of physical and natural separators"; FLUE Policy LU3.6, which states that "[l]and use planning decisions shall weigh heavily the established character of predominately developed areas where changes of use or intensity of development are contemplated"; FLUE Policy LU3.8, which seeks to "protect existing and future residential uses from incompatible uses, noise, traffic and other intrusions that detract from the long term desirability of an area through appropriate land development regulations"; and FLUE Policy LU3.5, which states that "[t]he tax base will be maintained and improved by encouraging the appropriate use of properties based on their locational characteristics and the goals, objectives and policies within this Comprehensive Plan." There also was considerable testimony at the hearing concerning the appropriateness of a mixed use development at the proposed location.v Petitioners also contend that the Plan Amendment is inconsistent with FLUE Objective LU18 concerning commercial development along major corridors. In favor of Petitioners' position, 66th Street North, where the Subject Property is located, is a major north-south corridor in the City. However, the Department and the Intervenors argue that the objective does not apply because the policies under it only specify 4th Street and Central Avenue and do not mention 66th Street. Taking all of the evidence and the City's Plan into consideration, including Sections 1.2.2.3, 1.2.2.5, and 1.3.1.2 of the General Introduction, it is found that Petitioners did not prove beyond fair debate that FLUE Policy LU3.17, Objective LU4.2, or Objective LU18 apply to the FLUM amendments at issue; even if those Plan provisions applied, Petitioners did not prove beyond fair debate that the FLUM amendments at issue do not constitute "infilling into existing commercial areas" or "infilling . . . of existing commercially designated frontages," or that "a need can[not] be clearly identified."vi All but one witness testified that, if those Plan provisions applied, the FLUM amendments would constitute commercial infill under the pertinent Plan provisions; the lone dissenter was using what he called a "narrow definition" of infill and agreed that the FLUM amendments would constitute commercial infill using the broader definition held by the majority view. There also was ample evidence that there was a clearly identified need for the FLUM amendments at issue, especially when considered along with the unchallenged RU FLUM amendment. Based on the foregoing findings on internal consistency, which is the context of Petitioners' data and analysis argument, Petitioners also did not prove beyond fair debate that the Plan Amendment was not based on data and analysis.
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 determining that the City's Ordinance 679- L is "in compliance." DONE AND ENTERED this 5th day of October, 2007, in Tallahassee, Leon County, Florida. S 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 5th day of October, 2007.
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 The issue in this case is whether the land use designation placed on the property of intervenors is consistent with the goals, policies and objectives of the City of Jacksonville comprehensive plan.
Findings Of Fact Background This controversy involves a challenge to the City of Jacksonville 2010 Comprehensive Plan (Plan) by intervenors, Sybil L. Davis, Katherine T. Dekle, and Dr. James A. Acree, all residents and property owners in Duval County, Florida. The parties agree that intervenors are affected persons and thus have standing to pursue their claims. Intervenors contend generally that the land use designation given to their respective properties is inconsistent with other parts of the Plan and should be changed. If the requested relief is granted, intervenors would be able to develop their properties in a different manner than is now permitted under the Plan. The proposed Plan was first submitted by respondent, City of Jacksonville (City), to petitioner, Department of Community Affairs (DCA), on March 19, 1990. The DCA is the state land planning agency charged with the responsibility of reviewing comprehensive plans under Chapter 163, Florida Statutes. The City is a local government required to adopt a comprehensive plan pursuant to chapter 163. The proposed plan was the City's first attempt at meeting the compliance requirements established in that chapter. Under the law, the DCA is required to review all proposed plans for compliance with applicable statutes and rules. In that vein, besides its own in-house review, the DCA received comments from the Department of Environmental Protection and the Department of Transportation (DOT), considered such comments, and where appropriate, incorporated those views into its Objection, Recommendation and Comment Report (ORC) issued on July 10, 1990. The ORC contains the DCA's objections and comments concerning the Plan as well as recommendations which address those concerns. After considering the ORC, the City adopted a revised Plan on September 11, 1990, by Ordinance No. 90-794-380, which was then transmitted to the DCA. On November 9, 1990, the DCA issued its Statement of Intent to Find Comprehensive Plan Not in Compliance. After negotiations between the two parties, the City agreed to adopt remedial amendments to its Plan. This was accomplished by Ordinance No. 92-925-1405, effective January 22, 1993. Thereafter, on February 26, 1993, the DCA issued a Cumulative Notice of Intent to Find the Plan, as amended, in compliance with the law. As a consequence of this action, the interests of the City and DCA are aligned in this proceeding. Intervenors, however, consider the Plan to be internally inconsistent as to their respective properties and thus not in compliance with the law. It should be noted that during the local hearing process before the City, intervenors' requests to have their land use designation changed were denied. The Davis-Dekle Property Both Davis and Dekle own property which fronts on Southside Boulevard, a major arterial highway that runs in a north-south direction for ten to fifteen miles between Atlantic and Beach Boulevards. It consists of two northbound lanes, a divider (grass) median, and two southbound lanes. In addition, a twenty-foot service road runs along the outside of each roadway and is separated from the main roadway by a grass median. The highway right-of-way is 200 feet wide. This right-of-way has existed since at least the 1940's while the service roads were built in the 1950's. Davis owns two parcels of property on Southside Boulevard, also known as State Road 115. The first parcel, which is located at 2351 Southside Boulevard, is a vacant lot measuring 100 feet wide by 200 feet deep. The lot was purchased in 1987 with the intention of eventually converting the property to commerical use. A year later, Davis purchased a 1,000 square foot home located at 2615 Southside Boulevard. The house sits on a lot measuring approximately 85 feet wide by 200 feet deep. Although she currently resides in the home, Davis also intends to convert this property to commercial use if her appeal is successful. Both lots sit on the east side of Southside Boulevard between Atlantic and Beach Boulevards. Dekle's property is located at 2710 Southside Boulevard and lies on the west side of the street between Atlantic and Beach Boulevards. Dekle purchased the property in 1947 and has lived there for almost thirty years. The lot measures approximately 100 feet wide by 208 feet deep. Intervenors' properties are located in what is known as Southside Estates, a subdivision developed soon after World War II. The neighborhood surrounding their property is residential. Indeed, some 115 single-family homes are located on Southside Boulevard. Thus, the area historically has been a residential area since the 1940's and the predominant land uses along both sides of Southside Boulevard are single-family residences. Under the Plan, intervenors' properties are included in an area designated as "Low Density Residential," and thus this designation would bar intervenors from converting their properties to commercial use. "Low Residential Density" is defined in the future land use element of the Plan as follows: This category permits housing developments in a gross density range of up to seven (7) dwelling units per acre when full urban services are available to the site. Generally, single family detached housing will be the predominant land use in this category, although mobile homes, patio homes and multi-family dwellings shall also be permitted in appropriate locations. Minimum lot size shall be half acre per dwelling unit when both centralized potable water as well as wastewater are not available. The lot size shall be reduced to 1/4 acre per dwelling unit if either one of these services are not available. As noted above, intervenors' properties lie on Southside Boulevard between Atlantic and Beach Boulevards. The distance between these two latter roadways is approximately two miles. There is a major node of commercial development at the intersection of Southside and Atlantic Boulevards and a smaller commercial node at the intersection of Southside and Beach Boulevards. These uses, which extend approximately one-third of the distance between Atlantic and Beach Boulevards, are predominately offices, with the exception of more intense commercial uses near the intersection with Atlantic Boulevard. The southernmost extent of the commercial uses is approximately six or seven blocks north of the Dekle property. Intervenors complain that because of heavy traffic found on Southside Boulevard during the weekdays, their property should not carry a low residential density classification. More specifically, between 2:00 p. m. and 6:00 p. m. weekday afternoons, traffic backs up for more than a mile on the southbound lanes of Southside Boulevard between Atlantic and Beach Boulevards while there is a similar traffic backup in the northbound lanes during morning rush hours. This is confirmed by the fact that the roadway is functioning at a level of service "F," which means arterial flow is at "extremely slow speeds" and "intersection congestion" is likely at critical signalized locations. The DOT considers the minimum acceptable level of service to be level of service "D." Traffic counts, measured in average daily trips, are projected to reach 40,871 by 1995 at a point on Southside Boulevard 100 feet south of Atlantic Boulevard and 51,089 by the year 2010. Intervenors agree, however, that the service roads, on which their properties front, flow smoothly and are lightly traveled. Because intervenors' homes are located at the front of their lots closest to the service roads, they experience vehicle noise which affects their ability to watch television, sleep or carry on other normal activities unless windows and doors are closed at all times. Odors and fumes generated by the nearby traffic also require that windows and doors be shut at all times. Unless they retreat to the rear of their lots while outside their homes, they cannot escape the traffic fumes. In view of the foregoing condition, intervenors contend that a change in land use designation from low density residential to commercial is appropriate. "Commercial" is described in the future land use element of the Plan as follows: This category is intended to provide for all types of sales and services activities, such as retail trade, personal and professional services and storage, offices, hotels, motels, entertainment, and amusement facilities. Commercial recreation and entertainment activities, such as amusement parks and marinas, are also allowed in this category. Multi-family uses, when developed as part of an integrated mixes use project, are also permitted consistent with the Medium Density Residential (MDR) and High Density Residential (HDR) plan category description. The Plan includes five types of commercially dominated land use categories: residential-professional-institutional, neighborhood commerical, community/general commercial, regional commercial, and central business district. The primary uses range from a small convenience store, laundry/dry cleaning shop to a large shopping center or a multi-story office building. In considering intervenors' request to change the proposed land use to commercial, the City looked at the Greater Arlington Plan (an earlier land use plan completed in 1985), the existing use of the land, and the existing zoning. It also considered the general character of the area and the fact that most homes were graded in an "A" condition and were structurally sound. It should be noted here that the DCA did not raise any concerns over the proposed land use classification in its ORC report, nor has it subsequently posed any objection. In determining the appropriate land use classification for intervenors' properties, the Plan is the primary document to be used to guide the City's future growth and development. The future land use and housing elements of the Plan contain goals, objectives and policies which bear directly on this issue. More specifically, the following goals, objectives and policies found in the future land use and housing elements of the Plan support the classification given to intervenors' properties: Future Land Use Element GOAL 1 To ensure that the character and location of land uses optimize the combined potentials for economic benefit and enjoyment and protection of natural resources, while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation. Objective 1.1 Ensure that the type, rate, and distribution of growth in the City results in compact and compatible land use pattern, an increasingly efficient urban service delivery system and discourages proliferation of urban sprawl through implementation of regulatory programs, intergovernmental coordination mechanisms, and public/private coordination. Policy 1.1.1 The City shall ensure that all new development and redevelopment after the effective date of the 2010 Comprehensive Plan is consistent with the Future Land Use Map series, and textual provisions of this and other elements of the 2010 Comprehensive Plan, as provided in Chapter 163 (Part II), F.S. 1.1.8 By April 1, 1991, require that all new non-residential projects be developed either in nodal areas, in appropriate commercial infill locations, or as part of mixed or multi-use developments, as described in this element. GOAL 2 To enhance and preserve for future generations geographic areas with unique economic, social, historic or natural resource significance to the City. GOAL 3 To achieve a well balanced and organized combination of residential, non-residential, recreational and public uses served by a convenient and efficient transportation network, while protecting and preserving the fabric and character of the City's neighborhoods and enhancing the viability of non-residential areas. Issue: Residential Development Patterns The neighborhood is the functional unit of residential development. There is a need to protect existing, viable neighborhood units and the neighborhoods that will emerge in the future. However, much newer residential development occurs as enclaves, with little or no functional linkage to surrounding areas. Unplanned low density development has become a familiar land use pattern in Jacksonville as new subdivisions have been developed further and further out, away from the existing urban area. * * * Objective 3.1 Continue to maintain adequate land designated for residential uses which can accommodate the projected population and provide safe, decent, sanitary and affordable housing opportunities for the citizens. Protect single-family residential neighborhoods by requiring that any other land uses within single-family areas meet all applicable locational criteria of the 2010 Comprehensive Plan and subsequent Land Development Regulations. Policies 3.1.2 The City shall eliminate incompatible land uses or blighting influences from potentially stable, viable residential neighborhoods through active code enforcement and other regulatory measures. * * * 3.1.7 The City shall give high priority consideration to the provision of affordable housing in land development and funding decisions, especially those made relating to public/private cooperative efforts in which the City is participating. * * * Issue: Commerical and Industrial Development Patterns * * * Despite a significant increase in the number of planned centers approved in recent years, little change has occurred in the pattern of strip commerical uses lining the City's arterial and collector roadways. This development pattern is typically inefficient, unsafe, and aesthetically unattractive. It results in multiple curb cuts, sometimes up to 50 per mile, thereby reducing the traffic carrying capacity of highways while at the same time increasing the potential for accidents. With a clutter of signs of all sizes, shapes, color, and design, the appearance of these areas is not only unsightly, it is also distractive for traffic on the highway and can, therefore, be dangerous. Another problem relating to strip commercial uses has developed as the commercial market has begun to overbuild during the recent national economic expansion cycle. Commercial retail and office space has remained in an over-supply condition (indicated by vacancy rates over 15 percent) for the past several years,, and as a result, new space has come on line at square footage costs that create strong competition with existing space. This competitive market results in relocations of existing businesses to newer projects, leaving many older commercial buildings semi-vacant and with little investment benefit to the owners. Without the hope of a reasonable economic return, owners may not invest funds to maintain their structures, and inevitably, commercial blight begins to develop. For these reasons, new commercial development will be strongly encouraged to occur in nodes or clusters in the form of office parks, shopping centers and mixed use developments. Strip commercial expansion along arterial streets will be discouraged, except for commercial infill of uses such as hotels, motels, restaurants, auto sales and service, mobile home sales, convenience stores and gas stations, which shall continue to locate along highways. * * * Policies The City shall promote, through the use of development incentives and other regulatory measures, development of commercial and light/service industrial uses in the form of nodes, centers or parks, while discouraging strip commercial development patterns, in order to limit the number of curb cuts and reduce conflicts in land uses, particularly along collectors and arterials. The City shall promote, through the Land Development Regulations, infill and redevelopment of existing commercial areas in lieu of permitting new areas to commercialize. * * * The City shall permit expansion of commercial uses adjacent to residential areas only if such expansion maintains the residential character of and precludes non- residential traffic into adjacent neighborhoods. The City shall require neighborhood commercial uses to be located in nodes at the intersections of collector and arterial roads. Prohibit the location of neighborhood commercial uses interior to residential neighborhoods in a manner that will encourage the use of local streets for non-residential traffic. The City shall implement the locational criteria of this element for commercial and industrial uses consistent with the character of the areas served, availability of public facilities, and market demands. * * * Housing Element GOAL 1 The City shall develop stable and definable neighborhoods which offer sale, sound, sanitary housing that is affordable to all its present and future residents. Issue: Neighborhood Stabilization Urban housing is a function of neighborhood. Stable neighborhoods encourage residents to maintain, upgrade, build and buy housing resulting in a sound, diverse housing stock. * * * There is an inadequate number of organizations committed to the revitalization and cohesiveness of Jacksonville's neighborhoods. Preservation is relatively easy and inexpensive compared to redevelopment and will prevent widespread blight and deterioration in convenient residential locations close to transportation, schools, shopping and medical facilities. * * * Objective 1.4 Preserve, protect, and stabilize residential neighborhoods keeping the maximum number of dwelling units in the housing supply, as measured by the implementation of the following policies. * * * Policy * * * 1.4.5 Commercial and other non-residential uses lying adjacent to residential neighborhoods should not be expanded into residential neighborhoods unless: Such uses enhance or do not diminish or degrade the residential character of the neighborhood, and The expansion shall not result in a reduction of the level of service on the residential streets; * * * One of the overriding policies contained in the Plan was a desire to maintain the City's vibrant neighborhoods. The future land use element addressed those concerns by discouraging strip commercial development and promoting instead the development of commercial land uses at major intersectional nodes. Strip commercial development often has a "cancerous" effect on nearby residential land uses. Problems associated with strip commercial development include encroachment on adjacent residential neighborhoods, increased noise and traffic in residential areas, undesirable aesthetic appearances, and inefficient traffic flow along the roadways on which strip commercial development occurs. The Southside Estates subdivision is vulnerable to encroachment because of the grid pattern of streets, which increases the likelihood of non- residential traffic passing through the subdivision. If lots facing Southside Boulevard were converted to commercial land uses, traffic would likely increase on the neighborhood streets. The neighborhood is a stable neighborhood with a large inventory of homes in good condition. The current noise and traffic along Southside Boulevard has not impaired the neighborhood stability, as the character and condition of homes along Southside Boulevard is comparable with that in the interior of the neighborhood. The residential area in question constitutes an "established neighborhood" as that term is defined in the Plan. There, the term is defined as follows: A neighborhood where platted, or otherwise divided, land has been at least eighty percent developed and occupied without substantial deterioration since such development. The residential area surrounding intervenors properties provides a significant supply of affordable housing to both home buyers and renters. Preservation of that housing stock is preferable to development of additional housing elsewhere. Therefore, maintenance of this neighborhood for residential use supports the housing element of the Plan. As noted earlier, Southside Boulevard is classified as a principal arterial roadway in the Plan. It currently serves as a major north-south roadway. The State has planned and partially constructed State Road 9A, a limited access facility located to the east of Southside Boulevard. When completed, State Road 9A will be the eastern circumferential link to Interstate 95 north and south of the City. State Road 9A will accommodate some of the through traffic currently using Southside Boulevard and will reduce the volume of truck traffic on Southside Boulevard. Contrary to intevenors assertion, conversion of residential properties along this portion of Southside Boulevard would result in increased traffic along the main roadway as well as the service roads. It would also result in an increased number of vehicles entering onto Southside Boulevard. This would further exacerbate an already unacceptable level of service along that road. Southside Boulevard is not a limited access facility as defined in the future land use element of the Plan. Therefore, policy 3.1.12 within that element, which permits residential land use designations adjacent to limited access highways when the negative impact of the roadway can be mitigated, is not applicable. Policy 3.2.2 of the future land use element provides as follows: The City shall promote, through the Land Development Regulations, infill and redevelopment of existing commercial areas in lieu of permitting new areas to commercialize. "Infill development" is defined in the future land use element definitions as "development on scattered vacant sites within the urbanized/suburbanized area of the community." "Commercial infill" is defined as "commercial development of the same type and grade as adjacent commercial uses that is sited between those uses in existing strip commerical areas." Reclassification of this part of Southside Boulevard to a commercial land use would not consitute commercial infill development, as such development would not be occurring on scattered sites or vacant sites, nor are the adjacent uses commercial ones. The area in question cannot be considered a "blighted area" as that term is defined in the future land use element of the Plan. Policy 1.3.1 of the future land use element directs that the City require all non-residential development located along a designated major arterial to construct a service drive which connects to the service drive of adjacent properties, unless otherwise approved by the city traffic engineer. Such a service drive does not exist along this portion of Southside Boulevard. However, the same policy does not require that all property fronting a service drive be classified for commerical use. Further, in the event such service roads are provided in new locations, the policy does not require such roads to be constructed at City expense. Reclassification of intervenors' properties to commercial uses would constitute an expansion of commercial uses adjacent to residential areas. Policy 3.2.4 of the future land use element permits such expansion only if it maintains the residential character of and precludes non-residential traffic into adjacent neighborhoods. Establishment of commercial uses on the property would be a negative influence which would begin the erosion and decay of the surrounding neighborhood. Because of the street grid pattern, it would be difficult, if not impossible, to preclude non-residential traffic from utilizing streets in the adjacent neighborhood. Table L19 of the future land use element is a land use acreage allocation analysis. That table depicts the existing acreage for certain land use categories, the projected acreage needs for those categories to the year 2010, and the acreage allocated to those needs on the future land use map series. The amount of acreage allocated to commerical land use categories is 185.90 percent of the projected need while the acreage allocated to residential land use categories is 127.99 percent of the projected need. Therefore, the land use classifications found on the map series result in a greater overutilization of commercial land use acreage than that found with respect to residential land use acreage. The City's classification of intervenors' properties is similar to that along comparable areas elsewhere in the City. For example, State Road 13 (San Jose Boulevard/Hendricks Avenue) north from Baymeadows Road is characterized by predominately single family residential land uses interrupted by several nodes of commercial development. Like Southside Boulevard, San Jose Boulevard is a four-lane roadway carrying comparable volumes of traffic. This portion of San Jose Boulevard contains a parking lane, but it does not have parallel service roads and the overall width of the right-of-way is narrower than that found on Southside Boulevard. Therefore, homes along this portion of San Jose Boulevard are generally located as close to the right-of-way as those along Southside Boulevard and are closer to the traffic lanes themselves. Traffic counts are comparable, but projections for State Road 13 are as high as 78,426 by the year 2010. Despite this traffic, this area remains a viable, stable residential area. In summary, then, intervenors' properties should be classified as low residential density. This classification is consistent with and supported by the Plan's goals, objectives and policies. Therefore, intervenors' properties should not be reclassified as commercial. The Acree Property Intervenor Acree and his brother, who are both licensed veterinarians, own approximately 460 acres in the northwest portion of the county located on Acree Road (formerly Thomas Road). Of that amount, 360 acres were purchased in 1956 when the brothers started a wholesale dairy as an investment. Three adjoining parcels totaling 116 acres were later purchased as the dairy operation expanded. In 1989, the dairy animals were sold and Acree planned to sell the farm and retire. At that time, he hired civil engineers to develop a conceptual site plan for the purpose of ascertaining the value of his land for development under existing zoning regulatioins. Since the Plan changes his classification and impacts his ability to develop the property, Acree has brought this appeal for the purpose of challenging the land use classification given to his property. The Acree property is designated "agricultural" under the Plan. The allowable densities in an agricultural land use category are contained in the plan category descriptions of the future land use element and provide as follows: One dwelling unit (D.U.) per 100 acres of land for lots of record of 640 acres (section) or more in size at the time of adoption of the 2010 Comprehensive Plan; One dwelling unit (D.U.) per 40 acres of land area for lots of record of 160 acres (1/4 section) up to but not including 640 acres (section) in size at the time of adoption of the 2010 Comprehensive Plan; One dwelling unit (D.U.) per 10 acres of land area for lots of record of 40 acres and up to but not including 160 acres at the time of adoption of the 2010 Comprehensive Plan. One dwelling unit (D.U.) per 2.5 acres of land for single lots of record or the combination of contiguous lots of record under common ownership up to but not including 40 acres which were existing on September 21, 1990. In the event such land area equals 40 acres or more, the allowable number of dwelling units shall be determined according to paragraph (iii) above. Notwithstanding this requirement, one dwelling unit shall be permitted on any nonconforming lot of record which was existing on September 12, 1990. Development on such nonconforming lots of record shall be subject to all other plan provisions. By his petition, Acree seeks to have his property classified as rural residential. This classification is defined in the plan category descriptions of the future land use element as follows: This category is intended to provide rural estate residential opportunities in the suburban area of the City. Housing development at a net density range of up to two (2) dwelling units per acre will be allowed when community scale potable water and sewer facilities are available to the site, and one (1) unit per net acre when the site will be served with on-site water and wastewater facilities. Generally, single- family detached housing and mobile homes will be the predominant land uses in this category. In addition, agriculture, silviculture, and similar other uses may be permitted as secondary uses subject to the standards and criteria in the Land Development Regulations. If the petition is approved, Acree would be allowed to develop his property with a much higher density, and the value of the land would increase correspondingly. Prior to the adoption of the plan, Acree's property was zoned OR (agriculture). Under then-existing regulations, a residential density of one dwelling unit per acre of land was authorized. All other rural land in the county could be utilized for residences in one and one-half acre minimum size lots. This compares with current restrictions described in finding of fact 31. Acree's property is 3 miles by roadway (but only 2.4 linear miles) from the nearest available water and sewer utilities. The property is 1.5 miles from the nearest property classified as rural residential on the future land use maps. Presently, the farm is surrounded by timberland. In originally finding the City's Plan not in compliance, the DCA's concerns included the plan's projections of agriculture land use, its vested development rights, and urban sprawl considerations. As a consequence, in developing the Plan, one of the factors considered by the City was the discouragement of urban sprawl. That term is defined in the future land use element of the Plan as follows: A terminology commonly used to describe certain kinds of growth and development patterns. It refers to scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas without provisions for utilities and services. Urban sprawl typically manifests itself in one or more of the following patterns: (1) leapfrog development; (2) strip or ribbon development; and (3) large expanses of low-density, single- dimensional developments. This corresponds to the description given the term by the DCA in a technical memorandum issued by the DCA in 1989. The future land use element of the Plan contains the following objective and policies to discourage urban sprawl: Objective 1.1 Ensure that the type, rate and distribution of growth in the City result in compact and compatible land use patterns, an increasingly efficient urban service delivery system and discourages proliferation of urban sprawl through implementation of regulatory programs, intergovernmental coordination mechanisms, and public/private coordination. Policies * * * 1.1.16 Prohibit scattered, unplanned urban sprawl development without provisions for facilities and services at levels adopted in the 2010 Comprehensive Plan in locations inconsistent with the overall concepts of the Future Land Use Element. * * * 1.1.18 Limit urban scale development to the Urban and Suburban areas of the City, as identified in the 2010 Comprehensive Plan, in order to prevent urban sprawl, protect agriculture lands, conserve natural open space, and to minimize the cost of public facilities and services, except for urban villages and other large scale mixed use developments which are designed to provide for the internal capture of daily trips for work, shopping and recreational activities. * * * 1.1.20 Future development orders, development permits and plan amendments shall maintain compact and compatible land use patterns, maintain an increasingly efficient urban service delivery system, and discourage urban sprawl. * * * In addition, leapfrog development is defined in the future land use element as follows: An urbanizing growth pattern which occurs when new land development is sited away from existing urban area, bypassing vacant parcels located in or closer to the urban area that are suitable for development. It typically results in scattered, discontinuous growth patterns in rural areas. To discourage urban sprawl, the City has incorporated into its Plan a provision dealing with public facilities. This provision, which is found in the capital improvements element, establishes areas in which the City would provide public services during the time frame of the Plan. They include the "urban area," where urban services already exist or are programmed to be provided within a short time; the "suburban fiscal commitment area" where services such as water and sewer are in place or planned to be installed within five years; the "suburban non-fiscal commitment area," which is that portion of suburban area in which the City does not commit to providing water and sewer services witin the next five years; and the "rural area," which is predominately undeveloped and unplatted and comprises those areas not intended to be developed by the year 2010. Acree's property is located in the rural area as depicted in the capitol improvement element of the Plan. The sanitary sewer sub-element of the public utilities element of the Plan is also relevant to this issue. It provides in part as follows: Goal 1 The City shall provide for economically and environmentally sound wastewater collection and treatment systems which . . . promote beneficial land use and growth patterns and . . . discourage urban sprawl. Objective 1.1 In order to discourage urban sprawl and correct existing deficiencies, the City shall provide regional wastewater facilities in concert and conformance with the Public Facilities Map as adopted in the Capital Improvement Element. Policies * * * 1.1.5 The City shall not invest in sanitary sewer facilities in the Rural area as defined in the Future Land Use and Capital Improvements Elements, except where necessary to protect the public health and safety. The potable water sub-element of the public utilities element of the Plan contains comparable objectives and policies with regard to providing regional water facilities. The above provisions do not prevent a developer from paying the cost to extend such services to his property. Any facilities installed by the developer, however, must be maintained by the City after such facilities are turned over to the City by the developer. The plan category descriptions found in the Plan for agriculture land uses established a hierarchy based upon the size of the lot of record. The intent of the varying densities is to provide flexibility to owners of smaller lots of record while encouraging large land owners to maintain agricultural land uses, rather than converting to residential development. By law, certain development approved prior to the adoption of the Plan has vested rights. Local governments have included vesting language in their comprehensive plans. Some governments have elaborated upon vesting language to allow exceptions based upon density. The language regarding densities in agriculture land uses found in the Plan is similar to language found in other local government plans. Most plans with density exception language also contain provisions combining contiguous lots of record under common ownership. The density provisions found in the Plan do not make it inconsistent with Chapter 163, Florida Statutes, the DCA's rules, or the state comprehensive plan. At its closest point, Acree's property lies just 400 feet from the Nassau County line. He established that most of the land in Nassau County just north of the Duval County line, and just a short distance from his own, can now be developed at a residential density of one dwelling unit per acre while some can be developed at a residential density of one dwelling unit per one-half acre. He also established that all agriculture land in Nassau County can be developed with a residential density of one dwelling unit per twenty acres for tracts of 320 acres and greater regardless of the amount of land in single or contiguous ownership. However, there is nothing in chapter 163 or the agency's rules which require adjacent land uses in adjoining counties to be identical. Put another way, decisions made in Nassau County with respect to its comprehensive plan are not binding on Duval County. Therefore, the City was not required to classify Acree's property as rural residential merely because an adjoining county had classified nearby land in that manner. Redesignation of Acree's property from agriculture to rural residential would not constitute "infill" development. This is because of the property's distance from other urban development in the county and distance from existing water and sewer servcies. Given the location of Acree's property, reclassification to rural residential land would constitute leap frog development and promote urban sprawl as those terms are defined in the Plan. This is true even though nearby land in Nassau County is considered urban sprawl by City planning officials. Finally, preservation of agriculture land uses is a state concern, especially in areas not projected to be served by water and sewer services. Testimony established that there are several areas in Duval County classified as rural residential which constitute urban sprawl. With the exception of one such area, however, all areas reflect existing residential developments already in place. Table L19 of the future land use element of the Plan is a land use acreage allocation analysis which depicts the existing acreage for certain land use categories, the projected acreage needs for those categories to the year 2010, and the acreage allocated to those needs on the future land use map series. Table L19 indicates that the amount of the acreage allocated to the rural residential land use category is already 194.94 percent of the projected need. In summary, then, in order for the Plan to be internally consistent, Acree's property should be classified as agriculture. This will ensure that development occurs in a compact pattern, which is more cost efficient and compatible with the requirements of the Plan. Therefore, the property should not be reclassified as rural residential since this would be contrary to the goals, objectives and policies within the Plan.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Administration Commission enter a final order finding the City's Plan to be in compliance with the law. DONE AND ENTERED this 24th day of January, 1994, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of January, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-7496GM Petitioners Davis and Dekle: Partially accepted in finding of fact 1. Partially accepted in finding of fact 4. Partially accepted in finding of fact 2. Partially accepted in finding of fact 6. Partially accepted in finding of fact 7. Partially accepted in finding of fact 8. 7-8. Partially accepted in finding of fact 5. 9. Partially accepted in finding of fact 8. 10-11. Partially accepted in finding of fact 10. 12-13. Partially accepted in finding of fact 11. Petitioner Acree: Partially accepted in finding of fact 30. Rejected as being irrelevant. 3-4. Rejected as being a conclusion of law. 5. Partially accepted in finding of fact 35. 6-7. Rejected as being irrelevant. See finding of fact 42. 8. Partially accepted in findings of fact 35 and 44. 9. Partially accepted in finding of fact 42. 10. Partially accepted in finding of fact 33. 11. Partially accepted in finding of fact 30. 12. Partially accepted in finding of fact 42. 13. Partially accepted in findings of fact 31 and 41. 14. Partially accepted in findings of fact 32 and 42. 15. Partially accepted in findings of fact 35 and 43. DCA and the City: 1-2. Partially accepted in finding of fact 1. 3-5. Partially accepted in finding of fact 2. 6-7. Partially accepted in finding of fact 3. 8-10. Partially accepted in finding of fact 4. 11. Partially accepted in finding of fact 7. 12. Partially accepted in finding of fact 6. 13. Partially accepted in finding of fact 5. 14. Partially accepted in finding of fact 8. 15. Partially accepted in finding of fact 9. 16. Partially accepted in finding of fact 10. 17. Partially accepted in finding of fact 11. 18-19. Partially accepted in finding of fact 8. 20-21. Partially accepted in finding of fact 4. 22-24. Partially accepted in finding of fact 13. 25. Partially accepted in finding of fact 14. 26. Partially accepted in finding of fact 8. 27-28. Partially accepted in finding of fact 12. 29. Partially accepted in finding of fact 14. 30. Partially accepted in finding of fact 15. 31. Partially accepted in finding of fact 16. 32. Partially accepted in finding of fact 17. 33. Partially accepted in finding of fact 18. 34. Partially accepted in finding of fact 19. 35. Partially accepted in finding of fact 10. 36. Partially accepted in finding of fact 20. 37. Partially accepted in finding of fact 10. 38. Partially accepted in finding of fact 21. 39. Partially accepted in finding of fact 22. 40. Partially accepted in finding of fact 23. 41. Partially accepted in finding of fact 24. 42. Partially accepted in finding of fact 25. 43. Partially accepted in finding of fact 26. 44. Partially accepted in finding of fact 27. 45. Partially accepted in finding of fact 28. 46. Partially accepted in findings of fact 30 and 42. 47. Partially accepted in finding of fact 31. 48. Partially accepted in finding of fact 34. 49. Partially accepted in finding of fact 32. 50. Partially accepted in finding of fact 42. 51-53. Partially accepted in finding of fact 35. 54. Partially accepted in finding of fact 37. 55-56. Partially accepted in finding of fact 38. 57. Partially accepted in finding of fact 39. 58. Partially accepted in finding of fact 46. 59-60. Partially accepted in finding of fact 36. 61. Partially accepted in finding of fact 42. 62. Partially accepted in finding of fact 43. 63. Partially accepted in finding of fact 42. 64. Partially accepted in finding of fact 43. 65. Partially accepted in finding of fact 41. 66. Partially accepted in finding of fact 45. 67. Partially accepted in finding of fact 44. Note - Where a proposed finding has been partially accepted, the remainder has been rejected as being unnecessary, subordinate, cumulative, not supported by the evidence, or a conclusion of law. COPIES FURNISHED: Linda Loomis Shelley, Secretary Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dan R. Stengle, Esquire General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Katherine A. Castor, Esquire 2740 Centerview Drive Tallahassee, Florida 32399-2100 Michael A. Altes, Esquire 200 West Forsyth Street, Suite 1100 Jacksonville, Florida 32202-4308 James A. Acree 5031 Dianwood Drive East Jacksonville, Florida 32210 Tracey I. Arpen, Jr., Esquire 1300 City Hall 220 East Bay Street Jacksonville, Florida 32202
The Issue The issue to be resolved in this portion of this power plant site certification proceeding is whether the site for the proposed Seminole Generating Station Unit 3 Project is consistent and in compliance with the applicable land use plans and zoning ordinances of Putnam County, Florida, pursuant to Section 403.508(2), Florida Statutes.1
Findings Of Fact SECI is a member-owned generation and transmission electric cooperative. SECI supplies power to ten electric cooperative members throughout Florida. These cooperatives primarily serve rural areas of the State. SECI's members currently serve approximately 1.6 million customers throughout the State. SECI's headquarters are in Tampa, Florida. SECI first came into existence in 1948 under the Federal Rural Electrification Act to provide electric power to rural areas. Initially, SECI purchased power from other utilities for its individual members. In the 1970s, in response to the oil embargo, SECI's member cooperatives determined it was in their best interest to build their own power supply. SECI then licensed, constructed, and commenced operation of the coal- fired power plant near Palatka, in Putnam County. SECI also has a power plant in Hardee County, Florida. These two power plants allow SECI to provide approximately 70 percent of the power for the member cooperatives, while purchasing 30 percent of the power needs of the member cooperatives from other utilities. The Site is located in the unincorporated area of the county. It is approximately five miles north of the city of Palatka. The St. Johns River is located to the south and to the east of the power plant site. The Site is a 1,300 megawatt facility located on a site comprised of two parcels of land totalling approximately 2,000 acres in size. The larger parcel of the site, which contains the existing coal-fired Units 1 and 2 and almost all related facilities, began operation in 1984. Other existing facilities on the larger parcel include: two boiler buildings and the turbine generator buildings; precipitators, scrubber modules, and a combined flue stack; two natural draft cooling towers; a coal yard for unloading and storage of coal; an A-frame storage building for limestone used in the scrubber process; a rail spur and rail loop used to bring coal into the Plant site; and a coal conveyor to bring the coal from the coal yard to the boilers. The new Unit 3 will be constructed on this larger parcel. The balance of the larger parcel of the Site is in pine flat woods. North and northwest of the power plant is the Lafarge wallboard facility, where combustion by-products from the existing units are converted into synthetic gypsum for the manufacture of wallboard. The Site also includes a smaller parcel of approximately 4.5 acres located approximately 1,000 feet to the south along the St. Johns River. An intake pump house is located on this parcel to pump water from the river for use by the existing units. Currently, there are four underground pipes (one of which is not in use) and an underground duct bank with electrical conduit. The underground pipes and duct bank continue from the smaller parcel to the larger parcel through an existing privately-granted easement. The Site and the existing two steam electric generating units, Units 1 and 2, were certified in proceedings under the PPSA that took place in 1978 and 1979. In 1978, when the Site initially was being developed and certified under the PPSA, Putnam County was in the process of developing its Comprehensive Plan and its Future Land Use Map (FLUM). However, the County had zoning regulations in place, and it and rezoned the larger and smaller parcels as a PUD for the purpose of an electrical generating facility. During the 1978 land use hearing, which also addressed the pipeline easement which provides access to the St. Johns River, the Hearing Officer concluded that the Site was consistent and in compliance with the land use plans and zoning regulations in effect at that time. The Siting Board subsequently adopted the Hearing Officer’s conclusions regarding land use and zoning issues. In its Order Relating to Land Use and Zoning, entered on March 21, 1979, the Siting Board determined that the Site, including the intake pump house and pipeline easement, was consistent and in compliance with the land use plans and zoning ordinances of Putnam County. In the Order Relating to Land Use and Zoning, the Siting Board also ordered the “responsible zoning and planning authorities . . . to refrain from hereafter changing such land use plans or zoning ordinances so as to affect the proposed site.” IN RE: Seminole Electric Cooperative, Inc., Application for Power Plant Site Certification, Putnam County, DOAH Case No. 78-1388, 1979 Fla. ENV LEXIS 10 (Siting Board Mar. 21, 1979. Sierra Club was a party to the original site certification proceeding and is bound by its determinations on consistency with land use and zoning. SECI is proposing to construct a new Unit 3 at the Site designed for a capacity of 750 megawatts. The new unit and related facilities are much like the existing facilities and will utilize many of the existing onsite facilities. Like the two existing units, the new Unit 3 will burn coal as its primary fuel with up to 30 percent petroleum coke. The new unit will consist of a turbine generator building, a new boiler building, precipitators, scrubber modules, and a wet electrostatic precipitator. A single flue gas stack will serve the new unit. A new mechanical draft cooling tower will also be constructed on the site to serve the new Unit 3. The new cooling tower will have a lower profile than the existing natural draft cooling towers. The existing coal yard will be expanded for the new unit and additional facilities will be added in the limestone scrubber area to handle the additional gypsum that will be created. Construction for the new Unit 3 is planned to begin in late 2008. As planned, the new unit is expected to start up in May 2012. SECI's Unit 3 project will integrate the new unit into the existing plant facilities. The existing administration building and parking lot will support the new unit. SECI will continue to use the existing rail spur, including for the delivery of coal and construction materials. The existing switchyard and transmission area will be utilized for the new unit. There will be no new off-site electrical transmission lines for the Unit 3 Project. The existing plant access off Highway 17 will be improved to enhance access for turning vehicles into the site. As indicated, the existing units are supplied with cooling and other service water from the St. Johns River. SECI proposes to utilize the existing pump house and to install an additional water pipeline and duct bank within the easement to supply primarily cooling water and also other service water (primarily for bottom ash handling and for the scrubber system) to the proposed Unit 3. There will be some enhancements to the pumps and motors inside the pump house to increase the capacity of water withdrawals. Otherwise, there will be no changes to the existing pump house for the new Unit 3 project. The cooling and other service water for Unit 3 will be conveyed to the main power plant site by an additional 36-inch pipeline to be placed underground and within the existing private easement. As indicated, the existing easement was created in 1978 and the existing pipelines were installed as part of the development of Units 1 and 2. A second duct bank will also be placed in the existing easement. There will be no facilities constructed above the ground surface within that easement. The easement will be restored to its existing condition after the new water pipeline is installed. The existing land uses adjacent to the Site are primarily undeveloped land. Residential areas along the St. Johns River are the closest development to the Site, with the exception of the Lafarge gypsum plant located adjacent to the larger parcel of the Site. The closest communities are Bridgeport, which is located approximately 3.5 miles to the east, and Bostwick, which is located 2.5 miles to the north. The pattern of development in the area since the existing Units 1 and 2 began operation in 1984 has been single family residential development located along the river and the construction of the Lafarge wallboard plant. With the exception of the wallboard plant, the areas between that residential corridor and the Site, as well as in all four directions around the site, continue to be undeveloped land. There are two existing homes located near the Site. One home is located approximately one mile south of the proposed Unit 3 stack, and another home is approximately one mile west of the Plant site. There is existing power plant infrastructure between the Unit 3 site and those two nearest residences, including the large natural draft cooling towers, wastewater treatment equipment, and other associated facilities. The addition of the proposed Unit 3 would be compatible with the existing land uses at and near the Site. The new Unit 3 will have very similar operating characteristics to the existing units, but will use additional air emissions controls. The residential development along the St. Johns River has continued while Units 1 and 2 have operated. The new Unit 3 will be able to co-exist with existing land uses in that the new Unit 3 is not expected to have a significant adverse impact to nearby residential development. When its Comprehensive Plan with FLUM was adopted (after the Siting Board’s March 1979 Order Relating to Land Use and Zoning), the County designated the larger parcel in the Industrial Future Land Use category to recognize the existing Units 1 and 2 at the site. Electrical power plants are an allowed use in the Industrial future land use category. Approximately two-thirds of the smaller parcel of the site fronting on the St. Johns River was designated Agricultural II and approximately one-third (the part contiguous to the river) was designated Rural Residential under the County’s Comprehensive Plan and FLUM. The existing pump house is located on the Rural Residential part of the parcel. The underground water pipes and electrical duct bank lead from the pump house towards the larger parcel of the Site, which is designated Industrial. The existing pump house and underground water pipes and electrical duct bank are allowed uses in both the Agricultural II and in the Rural Residential future land use districts, as a Type 2 Community Facility. The underground water pipes and electrical duct bank proceed from the smaller parcel to the larger parcel of the Site through a privately-granted easement across property designated Agricultural II on the County’s FLUM. The County’s Comprehensive Plan does not prohibit such facilities in that land use designation. The lands in the pipeline easement are zoned Agricultural. Such facilities also are not precluded in that zoning district. The installation of the existing underground water pipes and electrical duct bank within the easement was approved by Putnam County at the time of the original site certification proceeding for the Site. In October 1978, the Putnam County Code Administrator stated that the County’s zoning for the lands covered by the easement to the St. Johns River did not preclude the use of the easement for the pipeline installation. On January 10, 2006, the Putnam County Commission adopted Ordinance 2006-02, which amended the original PUD zoning approval for the Site. The amended PUD zoning ordinance covers both parcels of the Site. This amended PUD zoning ordinance allows the placement of Unit 3 and its related facilities within both parcels of the Site. The PUD zoning ordinance incorporates a Development Agreement between Putnam County and SECI, which addresses the Unit 3 facilities proposed to be constructed by SECI. As part of the PUD zoning amendments, the Putnam County Board of County Commissioners reviewed SECI's Unit 3 Project for consistency with the County’s Comprehensive Plan. The Commission found the Project to be consistent with the County’s Comprehensive Plan. More specifically, Ordinance No. 2006-02 found that SECI’s proposed amendment to the PUD zoning was “consistent with the Comprehensive Plan,” would “not adversely affect . . . orderly development,” met “the requirements of the Land Development Code,” and “will not be placed in agricultural lands.” (SECI Exs. 12B, 13A, and 13B) The Development Agreement incorporated into Ordinance No. 2006-02 acknowledges that the existing pipeline easement “is not a part of the PUD.” The Development Agreement clearly differentiated between underground pipelines and other aspects of the Unit 3 Project: The existing pipeline easement, which is not a part of the PUD, runs across property zoned for agricultural uses and falling [sic] within the Agricultural II future land use category. Neither the County Comprehensive Plan nor the Land Development Code precludes the repair, replacement or addition of underground water pipes necessary to plant operations. The underground pipes, and the pipeline easement, were part of the original certification and any modifications required to accommodate Unit 3 will be reviewed as part of the site certification process. Subject to site certification under the PPSA, Unit 3 will be constructed primarily east of, but integrated with, existing Units 1 and 2 such that any new development activity will fall within that portion of Parcel 1 designated under the Industrial future land use category. But for the existing pump house, Parcel 2, which is part of the PUD, will remain undeveloped. Pumps within the existing pump house will be replaced or upgraded and existing underground water pipes may be replaced or upgraded, and new underground pipes may be added, but no new uses or structures are intended for Parcel 2. The pipeline easement – which is not part of the PUD – will remain undeveloped although pipes may be repaired, replaced (or additional pipes installed) underground between Parcels 1 and 2. Although no new uses or above-ground structures are anticipated on Parcel 2 or the pipeline easement, both are considered to be part of the electrical power plant to be certified under the PPSA and will be reviewed along with Parcel 1 throughout the State site certification process to which the COUNTY shall be a party. (SECI Ex. 13B, pp. 5-6) Sierra Club participated in the Putnam County January 2006 zoning hearing on the amended PUD zoning for the Site. The Sierra Club did not object to the adoption of the amended PUD zoning ordinance at that hearing. No party has appealed the Putnam County Commission’s amended PUD zoning ordinance for SECI's Unit 3 Project. Sierra Club is now bound by the determinations of land use and zoning consistency in these prior proceedings, as well as in the original site certification proceeding. Putnam County entered into a Stipulation with SECI which addresses land use and zoning issues. In the Stipulation, Putnam County acknowledged that the adoption of Putnam County Ordinance 2006-02, which amended the PUD zoning for the Site, and the approval of the Development Agreement referenced in that Ordinance by the Putnam County Board of County Commissioners, both confirm that the Site, including the proposed Unit 3 and the associated facilities, are consistent and in compliance with applicable land use plans and zoning ordinances as required under Section 403.508(2), Florida Statutes. Despite its participation in both the 1979 site certification proceeding and the 2006 re-zoning process, Sierra Club nonetheless takes the position in this case that the pump house and cooling water pipeline are “industrial” facilities which are not consistent with the future land use designations for the lands occupied by those facilities. Putnam County has adopted a definition of “development” that provides in pertinent part: The following operations or uses shall not be taken for the purposes of this act [the County’s land development code] to involve ‘development’: (b) Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, redoing, or constructing on established rights-of-way any sewers, mains, pipes, tables, utility tunnels, power lines, towers, poles, tracks or the like. Putnam County’s Land Development Code, Article 12, Section 12.01.01.a.2. This definition of “development” also applies to actions “seeking legislative action to amend this Code and the Comprehensive Plan” of Putnam County. Id. The County’s definition of “development” therefore excludes the additional cooling water pipeline and duct bank within the established easement containing similar pipelines and duct bank between the principal power plant site and the riverside pump house. No Comprehensive Plan amendments or other zoning approvals would be required for those pipelines and duct banks as they are not “development” subject to the plan or the local land development code. Underground pipelines and electrical duct banks such as those proposed for SECI's Unit 3 project are not typically regulated as a land use. All developed areas have water and sewer pipelines that radiate through different zoning districts and that serve the users that subscribe to such water and sewer service. The practical effect of regulating such facilities as “development” could result in a spider web of land use and zoning classifications running wherever those facilities are placed. Even if it were to be concluded that the underground water pipes and electrical duct banks were "development" subject to Putnam County’s Comprehensive Plan, SECI's expert land planner testified without contradiction that they would be considered a Type 2 community facility as defined in the Comprehensive Plan: "Type 2 [Community Facilities and Services] are light infrastructure facilities, including but not limited to, water wells, water tanks, sewage pump stations, electrical substations, and water and wastewater treatment plants with a capacity of less than 500,000 gallons per day." Type 2 community facilities are allowed in all eleven of Putnam County’s Future Land Use categories. As indicated, the smaller parcel of the Site is zoned as a PUD that allows the activities proposed. The easement for the underground water pipes and electrical duct banks is zoned for Agriculture zoning. As indicated, use of the easement for the underground facilities has been approved by the County since 1978. Unrebutted testimony demonstrated that there will be no physical changes to the pump house itself, but only replacement of the pump inside with a larger one with more capacity, and that the additional underground water pipe and duct bank will not be visible, as the land will be restored to current conditions. Sierra Club offered no evidence contradicting Putnam County’s interpretation of its own Comprehensive Plan land development regulations; offered no evidence as to how the community could be adversely affected by the continued use of the pump house, with larger pump, and the addition of underground water pipes and duct bank in the existing pipeline easement; and offered no evidence that these facilities for the pumping and conveyance of river water to the plant site constitute “industrial” uses under the land use plans and zoning regulations of Putnam County.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Siting Board find, pursuant to Section 403.508(2), Florida Statutes, that the site for SECI’s Unit 3 and its related facilities, to be located in Putnam County Florida, as described by the evidence presented at the hearing, are consistent and in compliance with existing land use plans and zoning ordinances and site-specific zoning approvals of Putnam County. DONE AND ENTERED this 31st day of August, 2006, in Tallahassee, Leon County, Florida. S 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 31st day of August, 2006.
The Issue The issue for determination is whether Seminole Raceway, as proposed in Charles and Linda Wimberlys' Site and Development Plan and approved with conditions by the Leon County Development Review Committee (DRC), is consistent with the requirements of the 2010 Tallahassee-Leon County Comprehensive Plan (Comprehensive Plan) and is a permissible land use under applicable provisions of Chapter 10, Leon County Code (the Code).
The Issue The issue in this case is whether it should be determined that the Highlands County Comprehensive Plan, as amended, was in compliance with Chapter 163, Fla. Stat. (1993), as of the adoption of the County Ordinance 94-1 on March 2, 1994.
Findings Of Fact Adoption History Highlands County adopted its first Comprehensive Plan with a land use map in 1991. The Department of Community Affairs (the DCA or Department) took the position that the initial comprehensive plan was not in compliance. On September 15, 1993, the County adopted an amended comprehensive plan. (County Exhibit 6) The DCA took the position that the amended comprehensive plan, in particular its natural resources element, did not adequately protect areas of important plant and animal habitat from agricultural land uses. (County Exhibit 8). Highlands County adopted remedial amendments on March 2, 1994. (County Exhibit 9) On March 16, 1994, DCA published a Cumulative Notice of Intent to find the Highlands County Comprehensive Plan and Remedial Comprehensive Plan Amendments in compliance. (County Exhibit 13) The Petition for Administrative Hearing by Heartland Environmental Council, Inc. (HEC) was filed on or about April 6, 1994. The HEC Petition was signed by Kris Delaney, as its president. The parties' Prehearing Stipulation filed on October 17, 1994, eliminated several of the issues initially raised in the HEC Petition. The Lake Wales Ridge Highlands County is special because of the presence of a feature known as the Lake Wales Ridge, which is only between five and 14 miles wide but stretches for about 100 miles in a north-south orientation through the County. Most of the Ridge is contained within Highlands County, but smaller portions extend into neighboring counties. The Lake Wales Ridge had its beginnings when the sea covered much of what is now the Florida peninsula. A paleo beach and dune system was formed at the edge between the sea and the Ridge. When the waters receded, it left behind a ridge of relatively high ground characterized by generally coarse sands. These sands, which began as beach sand, have been weathered for millions of years, rendering them very sterile and low in nutrients. Water passes very quickly through these sands, making the soil and environment resemble those occurring in much drier places. Although created through the same processes, the Ridge contains many different unique and specialized habitats. Because of these habitats, the Ridge is a national "hot spot" for endemism. This means that many different species of organisms occur in this relatively small area; many of these species occur exclusively or primarily on the Ridge. At least two dozen plant species are found exclusively or primarily on the Ridge, and it is believed that many species have yet to be discovered. In more recent times, the high and dry Ridge also has attracted a disproportionate share of the residential, commercial and agricultural development in the County. Development pressures have conflicted with the habitat needs for the survival of many of the plant and animal species that occurred on the Ridge. Urban and citrus development tend to obliterate habitat; they also compete for available water supply. In addition, as the Ridge has developed, the natural fires that served an important role in maintaining the special habitats of the Ridge were suppressed. More recently, although man has come to understand the importance of fire to these habitats and the species that thrive in them, the increasing presence of man's development has made fire management more problematic and, in some cases, impossible. With more and more development, the habitats of the Ridge with their many endemic plant and animal species have come under increasing pressure. The most widespread kind of natural habitat on the Ridge is called scrub. Scrub consists mainly of scrub oak and shrubs adapted to dry, low nutrient conditions. Scrub contains a disproportionate share of the threatened and endangered plant and animal species on the Ridge. These include the Florida scrub jay, the gopher tortoise, the sand skink, the scrub lizard and the Florida mouse. Natural scrub habitat is rapidly disappearing from the Ridge. By 1981, about 64 percent of the scrub on the southern Ridge had been severely altered. Along the central Ridge, losses were even greater--about 74 percent. By 1991, losses were estimated to be approximately 70 to 90 percent. Sandhill is the rarest natural community in the County. It is the historic high pineland community dominated by long leaf pines. (A vegetative community known as southern sandhill is not dominated by long leaf pines and is not true sandhill; it actually is a type of scrub.) Only about one percent of the original true sandhill still existed as of March, 1994. Although altered by fragmentation and fire suppression, the remaining sandhill still supports several important endemic plant and animal species, such as the gopher tortoise, Sherman's fox squirrel, and a plant called the clasping warea. A type of natural habitat unique to Highlands County portion of the Ridge is cutthroat seep. Cutthroat seeps occur where groundwater near and at surface elevation flows rapidly through areas usually adjacent to true wetlands, keeping the area wet but not ponded. These areas are dominated by cutthoat grasses, which require periodic burning to maintain their dominance. Drainage related to development lowers the water table and otherwise interrupts the needed lateral flow of water, allowing the invasion of woody species. In addition, development makes fire management more problematic and, in some cases, impossible. The most effective protection of cutthroat seep requires preservation of relatively large parcels, approximately ten acres or more. Smaller parcels are harder to fire manage. In addition, smaller parcels could be subjected to inadvertent hydrologic interruption from nearby development. There are about 18 plant species that occur only on the Ridge. Forty plant species occur only in Florida scrub and occur on the Ridge. Twenty-two plants on the Ridge are federally listed as either endangered or threatened. The Florida scrub jay is a federally listed endangered species that occurs only in peninsular Florida. The scrub jay also serves as an indicator species--management for scrub jay habitat will meet the habitat requirements of most other species that occur in scrub habitat. Scrub jays require the presence of scrub oak, as well as bare ground and low growing scrub. Periodic fire is necessary to maintain this mix. Scrub jays are very territorial. The tend to stay on one specific site. Scrub jays are monogamous, pairing to breed for life. Juveniles help feed and protect younger birds before dispersing to find a territory of their own. Dispersal distance typically is less than a mile. Each family group occupies a relatively large area--approximately 25 acres. Large sites are necessary to maintain a viable scrub jay population. Population viability models indicate that 150-200 individuals are needed for a population to persist for 200 years. Using this standard, fewer than ten potentially secure populations of scrub jay exist. It is believed that as much as 750 acres of scrub oak may be required to give a such a population a 90 percent chance of survival for 100 years. Development destroys scrub jay habitat. In addition, nearby development not only makes fire management difficult, if not impossible, it increases scrub jay mortality from feral cats and dogs and from motor vehicles. In the Base Documents supporting the Highlands County Plan, as amended, the County recognized the unique and sensitive natural resource represented by the Lake Wales Ridge. The Base Documents acknowledged that, before the comprehensive plan was adopted, the County did not have a "formal mechanism to examine the effects of proposed development and agricultural uses on natural vegetation and wildlife." The Base Documents also acknowledged that the Ridge required "more stringent controls and greater incentives for resource protection." Conservation, Use, and Protection of Natural Resources Natural Vegetation and Wildlife Subelement [sic] Highlands County has adopted, as the Natural Vegetation and Wildlife Subelement [sic] of its Natural Resources Element, Objective 3 providing that the County shall protect and acquire native vegetative communities which are endemic to Central Florida and shall restrict activities known to adversely affect the endangered and threatened species and their habitat. Under that Objective, Highlands County has adopted a number of Policies. Highlands County's approach to conservation, use, and protection of natural resources under Objective 3 and its policies is to identify, evaluate, and protect natural resources on a site-by-site basis. (County Exhibit 6, Pages NRE-10 through NRE-25, inclusive, and County Exhibit 9) The review procedures prepared by Petitioner's representative, Kris Delaney, for the Central Florida Regional Planning Council (CFRPC) also used a site-by-site approach. (Petitioner Exhibit 56) Kris Delaney is the immediate past president of HEC and was described by Petitioner's counsel as its main representative. Highlands County's approach to evaluation of natural resources also is comparable to the review processes adopted by federal statute and state law for the protection of threatened and endangered species. Site specific evaluation was necessary due to the variety of protected species needs, site conditions, and legal constraints. Under Policy 3.1, A., Highlands County has adopted a number of source documents to identify endangered or threatened species, including species of special concern. Under Policy 3.1, B., Highlands County has adopted a number of documents as guidelines for establishing mitigation, on-site protection, and remedial actions for the protection of habitats and listed species in the County's land development regulations. Under Policy 3.2, Highlands County adopted a Conservation Overlay Map series to be used as a general indicator for the presence of xeric uplands, wetlands, cutthroat seeps, historical and archeological resources, cones of influence for potable wells, and aquifer recharge areas. (See Findings 52-59, infra, for a detailed description and explanation of these maps.) Whenever a particular site is in an area where one of those resource categories is mapped on the Conservation Overlay Map series or are otherwise known to occur, Policy 3.3 of the Natural Resources Element requires the applicant to submit to the Highlands County Planning Department a preliminary field investigation report prepared by a County-approved professional, firm, government agency, or institution. If that field investigation determines that any of those resources actually exist on the site, an Environmental Impact Report is required of the applicant. Those Environmental Impact Reports (EIR's) must also be prepared by a County approved-professional, firm, agency, or institution. Policy 3.3, E., specifies the content of the EIR: (1) maps and a description of natural vegetative communities occurring on the proposed development site in terms of their habitat functions and significance; (2) maps and a description of the aforementioned natural resource categories which may be impacted by the proposed development; (3) an assessment of the potential impacts which would be sustained by a natural resource as a result of the proposed development; (4) an evaluation of water quality inputs and outputs; recommendations for appropriate mitigation and on-site protection measures; recommended land maintenance and management procedures to assure the continued viability or function of the natural resource after development; and a list of agencies which may have permit requirements pertaining to the proposed development. Under Policy 3.3, F., the application package and the EIR are transmitted for review and comment to the agencies listed in the Environmental Impact Report as having permit requirements and to the Highlands County Natural Resources Advisory Committee. Responsive comments and recommendations which are received are forwarded to the County employee or board having decision-making authority concerning the applicable permit and included in the County records pertaining to the project. Under Policy 3.3, G., after receiving the application packet, the EIR, and the comments and recommendations from other permitting agencies and the Highlands County Natural Resources Advisory Committee, the County evaluates and determines the permit conditions required to: (1) protect and preserve the water quality or natural functions of flood plains and drainage ways, potable water wells, and wetlands; (2) protect and preserve the function of native vegetative communities which are endemic to Central Florida or the habitats of endangered species, threatened species, or species of special concern; (3) preserve and protect historical and archeological resources; (4) establish measures to protect life and property from flood hazard; and (5) establish land maintenance and management procedures for the natural resource to assure its continued viability or function after development. Policy 3.3, G., further requires that the County's final development order must be conditioned upon adequate avoidance, preservation, mitigation, or remedial actions for the protection of the aforementioned resources and must be consistent with the wetlands, flood plain, aquifer recharge, water quality, and cultural resource protection measures set forth within the policies of the Comprehensive Plan. It also requires the County to require that the necessary state and local permits be obtained as a condition of approval for the project's final development order. In determining the appropriate conditions for the County's final development order, Policy 3.3, B., states that avoidance and preservation of the resource shall be the first choice for protecting the resource. Acquisition, conservation easements or dedications, and site design methods (including clustering development to the portion of the site where the resource does not exist or, if that is not possible, to the least environmentally sensitive portion of the site), are among the methods allowed to accomplish that purpose. Appropriate buffers between the development and the resource are also required. Policy 3.3, C., also provides that a mitigation fee may be imposed by the Board of County Commissioners for small, isolated tracts containing less significant habitat and that the mitigation fees collected would be used to fund off-site mitigation in order that preservation of equal or greater habitat type, function, and quantity can be achieved. This is consistent with the "Review Procedure for Special Habits: Xeric Uplands" prepared by Kris Delaney for the CFRPC which provides that "[L]ocal government may wish to establish procedural relationship with such agencies and, based on locally determined criteria, a minimum parcel size requiring review." Similarly, Policy 3.4 provides an environmental mitigation fee alternative for construction of single-family residences on preexisting lots of records to the extent consistent with state and federal regulations. These mitigation fee provisions are consistent with existing state and federal programs for protection of threatened and endangered species and species of special concern (Petitioner Exhibit 53, Pages 58 through 60; Petitioner Exhibit 56, Page 25, Level III, G.1 (cont.); and Petitioner Exhibit 78, Page 16) Policy 3.15 identifies several mitigation options which are consistent with those found in the "Review Procedure for Special Habitats: Xeric Uplands" prepared by Kris Delaney for the CFRPC. Policy 3.5, A., requires the County to institute an ongoing program to define, identify, and conserve its native vegetative communities and the habitats of endangered or threatened species and species of special concern and states that the conservation program must include the following implementation measures: (1) acquisition of lands using public funds and grants; (2) lease of land; (3) tax abatement; (4) land swaps and transfers of title; (5) establishment of conservation or open space easements; (6) density bonuses for cluster development; (7) density bonuses for development that preserves habitat and avoids impact on endangered or threatened species, including species of special concern; (8) density transfers for conservation set-asides to buildable portions of sites; and (9) mitigation fees and mitigation fee credits. Under Policy 3.5, B., the County has established as the top priority of its conservation program working with public and private agencies to acquire and preserve in their natural state: (1) scrub or sand hill habitats (xeric uplands); (2) endemic populations of endangered or threatened species, including species of special concern; (3) wetlands, cutthroat grass seeps, and estuaries; (4) important aquifer recharge areas; and (5) unique scenic or natural resources. In Policy 3.6, the County specifically references the "Review Procedure for Special Habitats: Xeric Uplands" prepared by Kris Delaney for the CFRPC as the model for its development review process for coordination with local, state, and federal regulatory agencies. Policy 3.6(g) specifically provides for coordination with local, state, and federal agencies concerning native vegetative communities or habitat areas spanning more than one local jurisdiction. Policy 3.7 establishes funding sources for the County's conservation trust fund and requires that the fund be used exclusively for the acquisition of the priorities listed in Policy 3.5, B., or the enhancement of other publicly- owned conservation-valued lands, as determined by the Board of County Commissioners. To discourage clearing of land prior to environmental review, the County adopted Policy 3.13, which requires property owners to obtain a County land clearing permit prior to land clearing. Issuance of the land clearing permit is conditioned upon completion of the environmental review process adopted in Policy 3.3. If property is cleared without a County land clearing permit, no development orders may be issued for that site for a period of three years after such clearing. Under Policy 3.13, C., of the Plan, as amended, no land clearing permit is required for "any agricultural activity not requiring a Highlands County land development order conducted by a lawfully operating and bona fide agricultural operation" on property "designated by the Future Land Use Map as either General or Urban Agriculture . . .." Under the policy, such operations are "encouraged to implement a Soil and Water Conservation District approved conservation plan, including the use of Best Management Practices, as applicable to the specific area being cleared, and [to secure all other permits required by State and federal agencies exercising jurisdiction over the natural resources referred to in Policy 3.2 and found on said property]." [Emphasis added.] In addition, Policy 3.9 of the Natural Resources Element provides for encouraging agricultural uses which are compatible with wildlife protection and water quality outputs, implementation of erosion control and Best Management Practices. Highlands County also has adopted many other policies in the Natural Vegetation and Wildlife Subelement [sic] of the Natural Resources Element for the protection of natural resources, including: Policy 3.8, providing for the removal and control of exotic plant species; Policy 3.10, requiring the County to incorporate the protection and conservation measures adopted under the Natural Vegetation and Wildlife Subelement [sic] into all County surface water management plans, public works projects and infrastructure improvement plans; Policy 3.11, encouraging the expansion of wildlife/greenbelt corridors; Policy 3.12, encouraging the creation of parks for the protection, preservation, and conservation of natural resources; Policy 3.14, requiring setbacks from environmentally sensitive land; Policy 3.16, providing for transfers of density and density bonuses to encourage preservation of environmentally sensitive lands and listed species through the use of planned unit developments; Policies 3.17 through 3.19, providing for the appointment, functions and responsibilities of the Highlands County Natural Resource Advisory Committee; Policy 3.20, providing for the adoption of a five-year acreage target for acquisition of natural resource lands; and Policy 3.21, providing for a buffer around Highlands Hammock State Park, publicly-owned conservation lands, and conservation lands being considered for acquisition with public funds. Wetlands Subelement [sic] Highlands County has adopted, as the Wetlands Subelement [sic] of its Natural Resources Element, Objective 4 providing for the protection of wetlands systems and their ecological functions to ensure their long term, economic, environmental, and recreational value and to encourage restoration of wetlands systems to a functional condition. Under Objective 4 of the Natural Resources Element, Highlands County has adopted a number of policies to protect wetlands systems. Policy 4.1 provides for the protection of ecological functions of wetlands systems by the County through actions such as supporting the restoration of wetlands systems, protecting the natural functions and hydrology of wetlands systems by buffering against incompatible land uses and mitigating development impacts, providing for clustering and open space buffering, intergovernmental cooperation, and the acquisition of wetlands systems, including cutthroat grass seeps. In Policy 4.2, Highlands County adopted definitions for wetlands and cutthroat seeps which are required to be mapped according to Policies 3.2 and 4.3. In Policies 4.4 through 4.7, the County provided for the adoption of land development regulations which: encourage the restoration of wetlands systems; provide that development orders in cutthroat seeps be conditioned upon the issuance of wetlands permits by the Army Corps of Engineers, the Florida Department of Environmental Protection, and the South and Southwest Florida Water Management Districts, as their jurisdictions apply, as a condition of approval of the project's final development order or land clearing permit; prevent the net loss or alteration of wetlands on a County-wide basis; and require conservation easements and delineation on final plats for wetland and cutthroat grass seep areas used for mitigation purposes. State and Federal Protections State and federal permitting processes protect threatened and endangered species and species of special concern found in Highlands County. See Conclusions 125-130 and 140-147, infra. The review processes required to obtain the state and federal permits pertaining to threatened and endangered species require site-specific review, comparable to obtaining environmental clearance from the County under Policy 3.3 of the Natural Resources Element. In view of the diversity of threatened and endangered species and species of special concern and their habitat needs, variations in quantity and quality of resources existing on site, and statutory and constitutional property rights protection, the County has chosen not to establish fixed set asides for every resource under every circumstance on a County-wide basis. By including in its permitting process notification to federal and state agencies having permitting responsibilities, Highlands County will be providing valuable assistance to state and federal environmental protection by bringing those agencies in at an early stage of the review process. Moreover, the County's requirements that the necessary federal, state, and local permits be obtained as a condition of approval for a project's final development order will assist those federal and state agencies in enforcing environmental permits in Highlands County. Measuring Success of Protection Measures Extensive work by federal and state agencies has been devoted to identifying and studying threatened and endangered species, both plant and animal. Threatened and endangered species and the habitats necessary for their survival exist throughout the State of Florida. Listed species found in Highlands County are also found in other areas of the State of Florida. The amount and land-cover types of conservation areas have been extensively studied for the entire State of Florida. The percentage of conservation lands in Highlands County (9.4 percent) exceeds the statewide median for the portion of conservation lands within individual counties (8.6 percent). The land cover types for the entire State of Florida have been identified and quantified by location and number of acres and the amounts of those habitats in conservation lands have also been determined. Likewise, for every county, the land cover types have been located, identified, mapped, and acreage determined for "natural" upland cover types, "natural" wetland cover types, and "disturbed" cover types. The "natural" upland cover type category includes coastal strand, dry prairie, pine lands, sand pine scrub, sand hill, xeric oak scrub, mixed hardwood-pine forest, hardwood hammocks and forest, and tropical hard wood hammocks. "Natural" wetland cover types include coastal salt marshes, fresh water marsh and wet prairie, cypress swamp, mixed hardwood swamp, bay swamp, shrub swamp, mangrove swamp, and bottomland hardwood forest. "Disturbed" cover types include grass land and agriculture, shrub and bush land, exotic plant communities and barren and urban land. Open water areas were also identified, located, mapped, and the acreage areas determined. The amounts of land in each of those land cover categories has been tabulated by county and for the State as a whole. The amount of land in each of those categories located in conservation lands has also been tabulated for each county and for the State as a whole. The tabulation for land cover types for Highlands County and the amount of conservation lands for each cover type are as follows: "Natural" upland cover types - coastal strand (0/0), dry prairie (427/112), pine lands (167/41), sand pine scrub (14/3), sand hill (0/0), xeric scrub oak (112/12), mixed hardwood-pine forest (4/0), hardwood hammocks and forests (46/5), tropical hardwood hammocks (0/0); "Natural" wetland cover types - coastal salt marshes (0/0), freshwater marsh and wet prairie (129/34), cypress swamp (21/8), mixed hardwood swamp (41/5), bay swamp (17/0), shrub swamp (21/5), mangrove swamp (0/0), bottomland hardwood forest (0/0); Open water (202/1); and "Disturbed" cover types - grass land and agriculture (1086/15), shrub and brush land (271/18), exotic plant communities (0/0), barren and urban land (307/11) Within the parenthesis above, the first number represents the total area in square kilometers and the second number represents the conservation lands in that category, also in square kilometers. There are approximately 247 acres per square kilometer. For Highlands County, these identified land cover types cover 2,866 square kilometers of which, 270.8 square kilometers are conservation lands. In addition to mapping those important habitat areas in each county in the State of Florida, the threatened and endangered species and species of special concern found in those habitat areas have also been identified. Those habitat areas and the threatened and endangered species and species of special concern which they support have been specifically identified and mapped for Highlands County. Since the land cover types in Highlands County have been identified, located, mapped, and quantified and the threatened and endangered species and species of special concern, both plant and animal, supported by those land cover types have been identified, Highlands County has the ability to objectively measure the success of its adopted Goals, Policies, and Objectives in protecting natural resources. Data and Analysis and Maps Eugene Engman, AICP, a planner/economist, was the principal author of the conservation element and Base Documents of supporting data and analysis for the County's 1991 Plan. The Base Documents indicate extensive analysis of the County's natural resources, including: surface waters; floodplains; mineral deposits; areas with erosion problems; and fisheries, wildlife habitat and vegetative communities. The Conservation Overlay Maps The Base Documents also contain a "methodology for conservation designation," that applies to areas identified as areas of outstanding natural resources and to areas containing special habitat (high quality scrub habitat, cutthroat grass seeps with predominantly native vegetation, and forested wetlands on and near the Ridge). With respect to the latter, it was not Engman's intention to map all vegetative communities on and near the Ridge; oak hammock and palm hammock, for example, was not mapped. It also was not Engman's intention to map the entire County. Engman did not believe that mapping of high quality scrub habitats, seeps and wetland forest was required, but he mapped them at no charge to the County to enable the County to better protect endangered species and other resources on and near the Ridge where most the special habitat and most development coincided. Following the methodology, Engman and his colleagues prepared the Resource Base Maps--County Exhibit 40. They consisted of 27 USDA Soil Conservation Service (SCS) quadrangle maps, two with acetate overlays. The quad maps themselves show some resources indicated by a separate legend available from the SCS. In addition, Engman and his colleagues indicated the location of scrub habitats, seeps and wetland forest through use of an additional legend they wrote on the quad maps. Some legends applied to more than one quad map. In addition to the SCS quad maps themselves, Engman and his colleagues used the Soil Survey field notes of Lew Carter of the SCS, 1985 infrared aerial photographs, and local knowledge of the Dr. James Layne of the Archbold Research Station, Lew Carter of the USDA Soil Conservation Service, Mike Sawyer of the Florida Division of Forestry, and County sources. The Base Documents also contains a Generalized Soils Map which references as its source "USDA/SCS, Soil Survey of Highlands County, Florida, July, 1989." The Base Documents also contained two maps at the scale of one inch equals three miles--one mapping outstanding natural resources, and the other mapping special habitat. These two maps were then combined into a third map at the scale of one inch equals five miles. This third map was designated the Conservation Overlay Map in the Base Documents. Each quarter section (160 acres) of the County that contained any of the identified resources depicted on the Resource Base Maps was depicted as "Conservation" on the Conservation Overlay Map. The Conservation Overlay Map advised that: "This map is for comprehensive planning purposes only. Specific locations are identifiable on the Resource Base Maps located in the Office of the County Planning Director." No duplicates or copies of the Resource Base Maps--County Exhibit 40-- were made before the final hearing in this case. They were available to the public during the development of the 1991 Plan, and they were forwarded to the County Planning Department when Engman's work was finished. There, they remained available for use by the County Planning Department in implementing the Plan, and remained available for public inspection, except for a period of approximately one year when they were misplaced and could not be located. FLU-54, the Conservation Overlay Map in the Future Land Use Map series, is the same map that is contained in the Base Documents as the Conservation Overlay Map. The Future Land Use Map Series In addition to FLU-54, the Future Land Use Map Series in the adopted plan, as amended through 1993, contained a Future Land Use Map Set of three large maps--a one inch equals two miles base map, and two one inch equals one/half mile maps--together with several letter-size maps at one inch equals five miles (one is at one inch equals four miles), which are FLU-55 through FLU- 62. The adopted plan, as amended through 1994, contained the same text as the plan as amended through 1993, along with an updated Future Land Use Map Set of six large color sheets. The base map is at a scale of one inch equals two miles and is a colorized version of the base map contained in the 1993 version of the plan; the other five maps are color insets from the base map at a scale of one inch equals one quarter mile. The rest of the Future Land Use Map Series is the same as in the Plan as amended through 1993. In addition to the FLU-54 Conservation Overlay Map, the future land use map series included: a Generalized Soils Map which identifies its source as "USDA/SCS, Soil Survey of Highlands County, Florida, July, 1989"; Highland's County Peat Deposits, whose source is "Adley Associates, Inc. September, 1988"; Wetlands 600, whose legend identifies "wetlands" and "ridge," and whose source is "Adley Associates, Inc. September, 1988"; Floodplains, whose legend identifies "floodplains" and "ridge," and whose source is "Adley Associates, Inc. September, 1988"; Water and Canal Map 500, whose legend identifies "generalized interim well protection zones (cones of influence) for potable water supply wells" and whose source is "Adley Associates, Inc., Highlands County Building and Zoning Department and DER," and which is dated December, 1990; Future Traffic Circulation Map State Roads, which depicts various types of roads and whose source is "Highlands County Engineering Department and FDOT"; Future Traffic Circulation Map County Roads, which depicts various types of roads and whose source is "Highlands Co. Engineering Department and FDOT"; Future Traffic Circulation Map County Roads, which depicts various types of roads and whose source is "Highlands Co. Engineering Dept. (9/88) and FDOT (11/90)"; and Modified Community Parks which depicts existing and proposed parks and "existing urban land use" and whose source is "Adley Associates, Inc. April, 1990". FLU-55, the Generalized Soils Map, was prepared using the 1989 USDA SCS Soil Survey. Major field work for the USDA/SCS Soil Survey was completed in 1986. It is the same map as the Generalized Soils Map contained in the Base Documents. FLU-57 maps wetland features which are not depicted on either the Resource Base Maps (County Exhibit 40) or the Conservation Overlay Map. The 1989 USDA SCS Soil Survey was used to identify wetlands on FLU-57. HEC's Contentions HEC contended that the maps in the Plan, as amended, were deficient. It became apparent during the course of the final hearing that HEC considered the FLU-54 Conservation Overlay Map in the Plan, as amended, to be the only map pertinent to the designation of conservation lands. HEC contended that FLU-54 is too small, not clear and legible enough, and inadequate for its purposes. It appeared that HEC learned of the existence of the Resource Base Maps (County Exhibit 40) during the final hearing. HEC contended that the Resource Base Maps were deficient because they were not based on the appropriate and best available data. As a result, HEC contended, the Base Resource Maps and FLU-54 Conservation Overlay Map "missed" some significant resources. Kris Delaney quickly reviewed the Resource Base Maps during the course of the final hearing and testified that on the Frostproof, Lake Arbuckle, Sebring, and Fort Kissimmee quad sheets some "significant areas of native vegetation were not shown on the mylar overlays." Delaney's observations regarding the five allegedly-inaccurate mylar quad map overlays were made with reference to the USDA Soil Conservation Service Soil Survey and what he believed was a wetland symbol on the underlying quad map. But it is not clear that Delaney understood the legend to the Resource Base Maps. Furthermore, he was not offered as an expert in photogrammetry, geography, or surveying, and the specifics of his personal knowledge of the areas in dispute were not made clear. Another HEC witness, Dr. Menges, testified to his opinion that the Base Resource Maps and FLU-54 Conservation Overlay Map did not map all native vegetative communities throughout the County. He testified that, to map native vegetative communities on a species-specific basis, Steve Christman's 1988 report for the Florida Game and Fresh Water Fish Commission would provide the best available data. (He also mentioned data from the Florida Natural Areas Inventory, but it was not clear that those data were not used or how available those data were.) However, it was not clear from the evidence that the Christman report was not used as a data source. In addition, Menges conceded that "the primary source for the distribution of (native vegetative) communities" (in Highlands County) would be the "Soil Conservation Service Survey map," and it is clear that the County's consultants used this data source, together with other soil survey information and aerial photography, as was appropriate. It should not be surprising that the Base Resource Maps and FLU-54 Conservation Overlay Map did not map all native vegetative communities throughout the County. As previously, stated, the effort was limited to high quality scrub habitat, cutthroat grass seeps with predominantly native vegetation, and forested wetlands on and near the Ridge. There was no intention to map all native vegetative communities throughout the County. Regardless of the alleged deficiencies with the Resource Base Maps and the FLU-54 Conservation Overlay Map, HEC did not take into account all of the maps in the Future Land Use Map series in contending that the mapping was deficient. HEC did not recognize that Policy 3.2 provides for the use of the "adopted Conservation Overlap Map series contained in the Future Land Use Element" as the "general indicator" for the resources described in the policy. The Future Land Use Map series includes not only FLU-54 and the Resource Base Maps (County Exhibit 40) but also: FLU-55 (the Generalized Soils Map), FLU-57 (the Wetlands 600 map), FLU-58 (the Floodplains map), and FLU-59 (the Water and Canals Map 500). HEC also did not recognize that the environmental clearance procedures under Policies 3.3 and 3.13 are triggered not only if the presence of the resources described in Policy 3.2 is mapped on the Conservation Overlay Map (which includes not only FLU-54, but also the Resource Base Maps), but also if they are known to occur by reference to any of the maps in the Future Land Use Map series, or are otherwise known to occur. The references acknowledged by the County in Policy 3.1 can serve as the source of knowledge of where the resources described in Policy 3.2 occur. It is not beyond debate that these sources of information, taken together, are adequate for purposes of indicating the existence of the resources described in Policy 3.2 and triggering environmental clearance review under Policy 3.3. HEC did not establish beyond debate that the County did not use appropriate or the best available data, that the County did not apply the data in a professional manner, or that the Plan, as amended, did not react to the data in an appropriate way. Future Land Use Element Residential Land Use Density In Agricultural Land Use Categories HEC presented no credible testimony or evidence to substantiate its allegation that the land use densities for agriculture and urban agriculture encourage "urban sprawl" or are not supported by adequate data. No expert testimony in land use planning was offered, although HEC had identified such potential experts on its witness list. The Base Documents stated that agricultural density was at 1 unit/acre prior to the adoption of the Plan and recommended that the density be decreased to 1 unit/10 acres. The draft of the Base Documents recommended a density of 1 unit/ 5 acres. The Plan established the General Agriculture land use category as the predominant land use for rural areas. It has the lowest development potential of all adopted land use categories. The General Agriculture land use category has a density range of one unit per ten acres. The Urban Agriculture land use category was established as a transitional zone between urbanized and rural lands. The Urban Agriculture land use category has a density range of one unit per five acres. (County Exhibit 6, Pages FLU-6 and FLU-7 There was no evidence to prove that lesser densities are required to discourage urban sprawl, to protect natural resources, to protect agricultural lands, or for any other reason. Population Accommodation Data and Analysis HEC did not present any population accommodation analysis. There was no competent evidence presented in this case as to the population accommodated in the year 2000 under either the Plan as amended and adopted on March 2, 1994, or the Plan as amended and adopted on September 15, 1993. HEC pointed to a projection in the Housing Element in the County's Plan indicating a need for 10,075 new housing units to accommodate 16,977 new residents by the year 2000. HEC also pointed to data and analysis indicating that there are approximately 108,000 residential lots in existing subdivisions of 100 lots or more in the County that potentially could be developed to accommodate new housing units. But HEC did not establish that it is realistic to project maximum development in those subdivisions at one unit per lot; nor did HEC establish the extent of vested rights to development in those subdivisions. Protection of Water Quality and Quantity The Base Documents contain extensive data and analysis of County geology and soils, including water supply considerations, and recharge. Aquifer recharge in Highlands County occurs primarily on the Lake Wales Ridge. Contamination of groundwater has been documented from hazardous waste associated with landfills, agricultural use of the pesticides EDB (ethylene dibromide) and Bromicil, and leaking underground storage tanks. Of these, only the agricultural pesticide use is documented to have impacted potable water supplies. EDB, the primary source of contamination noted, has not been used since 1983. While the presence of Bromacil is also noted, the number of wells is not mentioned. Moreover, the evidence does not mention a single health- related case. Where EDB contamination has been found, the State of Florida has paid the cost of connecting to public water supplies or installing carbon filters. There is no evidence that stormwater management activities has caused groundwater contamination. Highlands County has adopted a number of objectives and policies in both the Infrastructure Element and the Natural Resources Element of the Plan, as amended, intended to protect potable water wells, conserve potable water resources, and reduce the risk of groundwater contamination. Objective 6 under the Potable Water Subelement [sic] of the Infrastructure Element is to ensure public health by protecting the water quality of potable wells. Among the policies adopted to implement that objective is Policy 6.4, adopting stringent restrictions on activities within a 600 feet radius around public potable water wells. Highlands County also adopted Objective 7 and Policies 7.1 through 7.3 under the Potable Water Subelement [sic] to establish minimum design and construction requirements for all potable water wells to protect and assure delivery of potable water. Highlands County has also adopted a number of other objectives and policies under the Natural Resources Element intended to protect groundwater quality, including: prohibiting the location of hazardous waste treatment facilities in the County; requiring cooperation with the DEP "DRASTIC" program; prohibiting discharges of untreated stormwater and waste material into underground formations; adopting stormwater quality and quantity standards; mapping wellhead protection zones; and encouraging implementation of best management practices for agricultural operations in the County. HEC did not prove beyond fair debate that, taken together, the Goals, Objectives, and Policies of the Plan, as amended, do not ensure the protection and conservation of potable water supplies.
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 Highlands County Plan adopted through County Ordinance 91- 1, as amended by County Ordinances 93-16 and 94-1, is "in compliance." DONE and ENTERED this 15th day of October, 1996, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 15th day of October, 1996.
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
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
The Issue The issue in this case is whether amendments to the Palm Beach County (County) Comprehensive Plan (Plan) adopted by Ordinance Nos. 2004-34 through 2004-39, 2004-63 and 2004-64 (Amendments) to accommodate the County's development of a biotechnology research park on 1,900 acres known as the Mecca site are "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes.1
Findings Of Fact Overview of the County's Pre-Scripps Plan The County's first Plan was adopted in 1980. Its 1989 Plan, the first adopted under the 1985 Local Government Comprehensive Planning and Land Development Regulation Act (also known as the 1985 Growth Management Act, or GMA) built upon the strengths of the first Plan. In 1995, the County evaluated and appraised its 1989 Plan, completed an Evaluation and Appraisal Report (EAR), and subsequently adopted a substantially-amended EAR-based Plan. In 1999, the Plan again was amended by the addition of a Managed Growth Tier System (MGTS) as a new growth management tool.2 The County's Plan recognizes that development in the County has generally moved from eastern coastal areas to the west and from the southern part of the County to the north. Generally, the Plan has attempted to direct growth towards the eastern part of the County and to encourage infill and redevelopment in that part of the County. Redevelopment is underway in older areas, usually under the auspices of local governments. At the same time, the Plan now recognizes that another growth corridor is located along SR 7 and US 441. Even with the efforts to encourage infill and redevelopment in the eastern part of the County, growth pressures have led to 18,000 acres of new land use approvals in the County north of Lake Worth Boulevard in the last 10 years. The Future Land Use Element (FLUE) of the County's Plan contains County Directions, GOPs (i.e., Goals, Objectives, and Policies), the MGTS Map, and the Future Land Use Atlas. The County Directions "provide the basis for preparation of the [GOPs]." The GOPs "provide the framework for decisions that direct the location, pattern, character, interrelationships and timing of development, which ultimately affects the distribution of facilities and services to support it." The MGTS Map "defines distinct geographical areas within the County that currently either support or are anticipated to accommodate various types of development patterns and service delivery provisions that, together, allow for a diverse range of lifestyle choices, and livable, sustainable communities." The Atlas "graphically depicts the future distribution, general use and densities and intensities of [land use] within each tier." (FLUE Introduction, pp. 1-2) The County also routinely employs geographic-specific planning tools. The Plan creates at least 15 overlays to meet planning challenges for specific areas. It also recognizes 10 neighborhood plans. Optional sector planning for a large part of the Central-Western Communities of the County also is underway. The FLUE's County Directions include: Livable Communities (with "a balance of land uses and [other features]"); Growth Management (to "provide for sustainable urban, suburban, exurban and rural communities and lifestyle choices by: (a) directing . . . development that respects the characteristics of a particular geographic area; (b) ensuring smart growth . . . ; and (c) providing for facilities and services in a cost efficient timely manner"); Infill Development (to increase efficiency); Land Use Compatibility; Neighborhood Integrity; Economic Diversity and Prosperity (to promote the growth of industries that are high-wage and diversify the economic base); Housing Opportunity ("by providing an adequate distribution of very-low and low-income housing, Countywide"); Economic Activity Centers (to encourage manufacturing and other value-added activities); Level of Service Standards ("to accommodate an optimal level . . . needed as a result of growth"); Linear Open Space and Park Systems; Environmental Integrity (to "[e]ncourage restoration and protection of viable, native ecosystems and endangered and threatened wildlife by limiting the impacts of growth on those systems; direct incompatible growth away from them; encourage environmentally sound land use planning and development and recognize the carrying capacity and/or limits of stress upon these fragile areas"); Design; A Strong Sense of Community; and Externalities (placing "major negative" ones "away from neighborhoods"). (Id. at pp. 5-6) FLUE Goal 1 is to establish the MGTS. Objective 1.1 recognizes five geographic regions (tiers) of land with "distinctive physical development patterns with different needs for services to ensure a diversity of lifestyle choices": Urban/Suburban (land within the Urban Service Area (USA), generally along the east coast but also along the southeast shore of Lake Okeechobee in the extreme west of the County, having urban or suburban density and intensity and afforded urban levels of service); Exurban (land outside the USA and generally between the Urban and Rural Tiers, platted prior to the 1989 Plan and developed at densities greater than 1 dwelling unit per 5 acres (du/ac); Rural (land outside the USA and east of the Water Conservation Areas, Twenty Mile Bend, and the J.W. Corbett Wildlife Management Area (Corbet WMA), including large tracts of land, as well as lands platted prior to the 1989 Plan, that had a predominant density of 1 du/10 ac, but less than 1 du/5 ac, and afforded rural levels of service); Agricultural Reserve (primarily for agricultural use, reflecting the unique farmlands and wetlands within it, to be either preserved or developed only at low residential density); and Glades (all land west of the Water Conservation Areas, Twenty Mile Bend, and Corbett WMA, predominantly supporting large-scale agricultural operations, and afforded rural levels of service.) The five tiers are depicted graphically in Map LU 1.1, MGTS, of the Map Series. Conservation lands are also depicted on Map LU 1.1 but are not assigned to a tier. The Map also depicts the United Technologies (Pratt-Whitney) (UT) Overlay and the North County General Aviation Airport (North County Airport), neither one which appears from Map LU 1.1 to lie within a tier. The UT Overlay is in the north-central part of the County, sandwiched between Rural Tier on the north, east, and southeast and Conservation land, including Corbett WMA on the west and southwest, and roughly bisected by the Beeline Highway (Beeline), which runs diagonally through the overlay between its northwest and southeast extremes. The Airport lies farther to the southeast along the Beeline, essentially surrounded by Rural Tier land, except for relatively small pieces of Conservation land contiguous to it along its western boundary and at its southeast corner (the North County Airport Preserve.) Notwithstanding the possible appearance from the depictions on Map LU 1.1, the County has no general planning jurisdiction in any of the incorporated areas of the County.3 Map LU 2.1 depicts the three service areas to guide delivery of public services that are established under FLUE Goal 3. These are the Urban Service Area (USA), the Rural Service Area (RSA), and the Limited Urban Service Areas (LUSA). The USA essentially follows the boundaries of the Urban/Suburban Tier. The LUSA is relatively limited geographically and includes the Agricultural Reserve Tier, the UT Overlay, and the North County Airport (with contiguous Conservation lands). The rest of the County is in the RSA. The verbiage of Goal 3, its Objectives and Policies and other parts of the Plan, gives the impression that provision of services is fine-tuned to the character and needs of a particular locale. For example, Goal 3 is "to define graduated service areas for directing services to the County's diverse neighborhoods and communities in a timely and cost- effective manner, reflective of the quality of life associated with each respective Tier." But actually the Plan assigns countywide level-of-service standards (LOSS's) to seven of nine types of facilities. All urban services can be provided in all areas of the County except that County centralized water and sewer services cannot be provided in the RSA. While theoretically intended to be geographically limited, the main difference between the USA and the LUSA is that the LUSA is outside the USA. The Agricultural Reserve part of the LUSA is actually a westerly extension of the USA. The North County Airport part of the LUSA is surrounded by Rural Tier land; the UT part of the LUSA is surrounded by Rural Tier and Conservation lands, the same as the UT Overlay. The County has re-examined its policy decision not to provide centralized water and sewer services in the RSA because it has resulted in various municipalities and utilities special districts and perhaps private alternative providers extending services while the County excludes itself. The County has adopted plan amendments to change this to allow the County to provide such services and to exclude others. Those plan amendments are under administrative challenge at this time and are not yet in effect. The County has three priorities for extending services. One is to encourage development of basic industry to further the Economic Element. The County Plan's Economic Element is optional. It reflects a concerted effort to diversify the economy of the County by encouraging growth in cluster industries, including medical products. Taken together, the Plan reflects a desire to accommodate growth in the Urban/Suburban Tier, especially in the eastern part of the County. Many GOPs in the Plan promote and encourage infill and redevelopment. However, pressure to grow in other parts of the County are undeniable. It appears that, under the Plan, the County will be completely built-out within 30 years. The County's current Plan is detailed and complicated. Many other parts of it, some of which will be addressed later in this Recommended Order, also are implicated in some manner and in different degrees by the Amendments at issue. Scripps Florida In the early 1990s, a County study indicated concern about the three main elements of the local economy: tourism was low-paying; agriculture was low-paying and a declining sector; and construction and development would decline as the County built out. In 1998, a consulting firm (SRI) proposed an action plan for the County to develop economic clusters. The action plan addressed several industry clusters, including medical/pharmaceuticals. SRI recommended, among other things, attracting a biomedical park development, a satellite campus of a medical school, venture capital providers, and a medical research institute. Meanwhile, in the same general time frame, the State’s economic development arm, Enterprise Florida, Inc., targeted the biomedical industry for development in Florida. The Scripps Research Institute in La Jolla, California (Scripps), is the largest not-for-profit biotechnology research organization of its kind in the world. In 2003, Scripps decided to expand its operations. Florida Governor Bush, along with several Florida legislators, personally and through Enterprise Florida and OTTED, actively pursued Scripps to locate in Florida. During the same timeframe, the Federal Government made funds available to Florida under the Jobs and Growth Tax Relief Reconciliation Act of 2003, for the essential governmental service of improving economic opportunities available to the people of this state by attracting new or expanding businesses to, and retaining businesses in, the State. It was decided to use $310,000,000 of these funds in the pursuit of Scripps and hoped-for related economic and other benefits. By October 2003, Scripps agreed to negotiate expansion to Florida and chose Palm Beach County as its preferred location in the State. Also in October 2003, the Florida Legislature met in special session and, on November 3, 2003, enacted Chapter 2003-420, Laws of Florida, which created the Scripps Florida Funding Corporation to facilitate establishment and operation of a biomedical research institution for the purposes of enhancing education and research and promoting economic development and diversity. The Funding Corporation was required by the law to negotiate a contract with the Scripps Research Institute of La Jolla, California, for Scripps to establish a state-of-the-art biomedical research institution and campus in Florida. After disbursement of $300,000 to OTTED to cover staffing and administration expenses of the Funding Corporation, and upon execution of the contract with Scripps, the balance of the $310,000,000 was to be disbursed to the Funding Corporation subject to the terms of the contract. The Scripps Grant Agreement Scripps Florida and the County entered into a Grant Agreement on February 9, 2004, with a term of 30 years. In the Grant Agreement, the County agreed to pay for or provide: a 100-acre campus for Scripps Florida in the 1,919-acre site at Mecca Farms (Mecca), with a funding limitation of $60,000,000; the construction of initial temporary facilities for Scripps Florida at the Florida Atlantic University (FAU) campus in Jupiter, with a funding limitation of $12,000,000; the construction of permanent facilities for Scripps Florida at the Mecca site, with a funding limitation of $137,000,000; 400 adjacent acres for development of “related uses”; and applications for approvals for Scripps Florida to develop 2 million square feet at Mecca. The Grant Agreement’s definition of “related uses” was intended to be broad so that the County can open the 400 acres to computer research, telecommunications and other economic clusters if not enough pharmaceutical or life-science research firms are attracted. The Grant Agreement requires Scripps Florida to create or relocate at least 545 new jobs to the Mecca site; to strive to create 2,777 new or relocated jobs; and to work with the County to create a total 6,500 jobs. In the Grant Agreement, the County expressly reserves all legislative and quasi-judicial powers, acting only in its proprietary capacity. The County's Purchase of Mecca Site In accordance with the Grant Agreement, the County proceeded with the purchase of the Mecca site. In October 2003, the Business Development Board (BDB), a non- profit organization that is funded primarily by and reports to the County, already had obtained an option to purchase the site for $60,000,000, if certain government approvals could be obtained. In February 2004, the County acquired the option on the Mecca property from the BDB and exercised it. Including the cost of some "oral add-ons," the purchase price for Mecca was approximately $60,500,000. Characteristics of the Mecca and Surroundings The Mecca site is in the shape of a rectangle located in the north-central part of the County. It is designated in the Rural Tier. For approximately 50 years, most of the site has been used as a citrus grove with trees grown in rows 15 feet apart, 73-acres of agricultural ditches, and a 272-acre above-ground water impoundment area in the northeast quadrant of the site used for irrigation. There also is a 30-acre sand mine operation in the southwestern quadrant. At this time, the Mecca site is accessible by road only by Seminole Pratt-Whitney Road (SPW), a two-lane paved road from the south. When SPW reaches the southwest corner of Mecca, it becomes a dirt road as it continues along the west side of the property. While Mecca itself is in the Rural Tier, it is not surrounded by Rural Tier land. The land to the west is designated Conservation, and the land to the north and south is designated Exurban Tier. The land to the east is designated Rural Tier, but it actually is within the jurisdictional boundaries of the City of Palm Beach Gardens. The area around Mecca is a “mosaic” of uses, including undeveloped agricultural lands, conservation lands, and lands developed predominantly as undesirable residential sprawl with limited employment and shopping. The nearby Beeline, part of the Florida Intrastate Highway System (FIHS), is classified by the State as “urban” to the east and “transitional” to the west of SPW. Significant among the developed areas near Mecca is The Acreage, abutting Mecca to the south. The County designated The Acreage as part of the Exurban Tier. It is a large, 76 percent built-out, antiquated subdivision with a density of 1 du/1.25 ac and a population of approximately 42,000. As such, it can be characterized as either urban or suburban, but not rural. To the south and west of The Acreage are large citrus groves in the Rural Tier. Farther south and west of The Acreage is Loxahatchee Groves, another antiquated subdivision in the Exurban Tier, with a density of 1 du/5 ac that is just 18 percent built-ut with 1,216 homes built. Farther south, just south of Southern Boulevard, is the Village of Wellington, which is a municipality located within the boundaries of the Urban/Suburban Tier. South and east of The Acreage is the Village of Royal Palm Beach, also a municipality within the Urban/Suburban Tier. The 60,288-acre Corbett WMA is located immediately west of Mecca and is owned and managed by the State as a hunting preserve. It has no tier designation. Corbett has a variety of habitats for endangered or threatened species (wood storks, eagles, red-cockaded woodpeckers, gopher tortoises and indigo snakes), including wet prairie, freshwater marsh and pine flatwoods. Corbett could provide habitat for Florida panthers although there have been no confirmed panther sightings in the area in a number of years. Immediately north of Mecca is another antiquated subdivision, Unit 11 of the Indian Trail Improvement District (Unit 11). The County is buying Unit 11 for preservation as Hungryland Slough, a regional off-site mitigation area. Unit 11 is designated in the Exurban Tier. Hungryland contains habitat similar to that found in Corbett WMA. North of Hungryland, and south of the Beeline, is a small triangle of Rural Tier land, which is just south and south east of the UT Overlay, which includes the Park of Commerce (a/k/a Florida Research Park). The Rural Tier land to the northeast of Hungryland, across the Beeline, is Caloosa, a large-lot residential development with a density of 1 du/5 ac. To the northeast of Caloosa is Jupiter Farms, another large, 81 percent built-out antiquated residential subdivision with a density of 1 du/2 ac and a population of about 12,600. Jupiter Farms is designated in the Rural Tier although it also seems to fit the criteria for the Exurban Tier. The Vavrus Ranch, a 4,600-acre landholding, is located immediately east of Mecca. Approximately half of Vavrus Ranch is wetlands, and the remainder is improved pasture. The Vavrus Ranch appears to be designated in the Rural Tier, but it actually is in the City of Palm Beach Gardens. Existing urban-scale public facilities between Mecca and Southern Boulevard to serve the suburbs include five fire stations, two post offices, eight elementary schools, two middle schools and two branch libraries, with one high school and one middle school planned or under construction. Existing public facilities north of Mecca in Caloosa include one fire station and one elementary school. East of Mecca and the Vavrus Ranch is the North County General Aviation Airport. To address land use deficiencies in this area, the County has agreed with DCA to prepare a plan for a 52,000-acre sector, which originally included Mecca. Current development has committed approximately two- thirds of lands in the sector to an inefficient pattern that is not “sustainable.” This pattern increases reliance on the automobile; may not be served long-term by private wells and septic tanks; and does not pay for itself, requiring substantial taxpayer subsidies. The sector has a serious jobs/housing imbalance, resulting in more congestion and longer commutes for residents. The County’s sector planning consultants identified Mecca as an appropriate site for an intensive employment center in two out of three initial scenarios. Subsequent studies identified Mecca for other uses, and the site was deleted from the sector planning area in 2004 when the Scripps Florida opportunity arose at Mecca. Development of Regional Impact (DRI) and Plan Amendments Since the Scripps opportunity arose, the County's primary vision for Mecca has been to transform its 1,919 acres into a very special place that would be able not only to satisfy the needs of Scripps, but also would have all of the essential elements and many extra amenities so as to enable the County to compete with other areas of the country (and, indeed, the world) to attract related research and development (R&D) and, especially commercial activity in order to reap the maximum possible economic benefits of a biotechnology cluster. This vision included not only onsite opportunities for development of related biotechnology R&D and related commercial ventures, but also a university campus, a hospital/clinic, expansive green spaces and water features, onsite residential opportunities, including affordable housing, and onsite commercial and retail uses, including a town center. The County prepared plans by first reviewing and considering other R&D complexes, companies potentially interested in new locations, views of university officials, the Scripps experience at La Jolla, employees per square foot per industry type, and its own allowable floor area ratios (FARs) in order to identify the developable square footage for R&D at Mecca. As applicant for the necessary DRI approval and Plan amendments, the County’s staff and consultants initially requested approval of 10.5 million square feet for R&D use after balancing space needs, traffic impacts, environmental needs, buffering and other factors. The County’s real estate consultant concluded that a minimum of 2 to 3 million square feet of R&D space would be necessary for the venture to be successful, and that the absorption of 8 to 8.5 million square feet over a long-term build-out period of 30 years was a reasonable expectation. That view was bolstered by the potential establishment of other R&D users, if biotechnology firms do not absorb the entire capacity of the project. Ultimately, the Board of County Commissioners (BCC) approved a development of regional impact (DRI) for 8 to 8.5 million square feet of R&D, including the 2 million square feet for Scripps Florida, in order to provide economic opportunities while avoiding the need for eight-lane roads in the area. In order to accommodate this project, amendments to the County's Plan were necessary. Changes to the Plan adopted October 13, 2004, included Ordinance Nos. 2004-34 through 2004-39. Changes to the Plan adopted December 14, 2004, included Ordinance Nos. 2004-63 and 2004-64. Ordinance No. 2004-34 removes the 1,919-acre Mecca site from the Rural Tier; creates a scientific community overlay (SCO) on Mecca; establishes its allowed uses; imposes controls to balance residential and non-residential uses by phase; sets design principles; designates Mecca as a LUSA; and makes related changes to the FLUE and Economic Element and the FLUE Map Series. Ordinance No. 2004-35 modifies FLUE Policy 3.5-d to exempt the SCO from a County-imposed limitation on allowed land use changes expected to generate significant impacts on any roadway segment projected to fail to operate at LOSS "D" based on the adopted Long-Range Transportation Plan. Ordinance No. 2004-36 amends the FLUE Atlas to change the land use on Mecca from Rural Residential with a density of 1 du/10 ac (RR-10) to Economic Development Center with an underlying density of 2 du/ac (EDC/2). This amendment also sets minimum and maximum amounts of each use and incorporates by reference the land use conversion matrix in the DRI development order (DO). Ordinance No. 2004-37 amends the FLUE Atlas to change the land use on a 28-acre Accessory Site obtained from Corbett WMA from Conservation to Transportation and Utilities Facilities. Ordinance No. 2004-38 amends the Transportation Element (TE) to lower the adopted LOSS on 37 road segments and 6 intersections from the generally applicable standard of “D” to “Constrained Roadway at Lower Level of Service” (CRALLS). Ordinance No. 2004-39 amends the Thoroughfare Right- of-Way (ROW) Identification Map (TIM) and the 2020 Roadway System Map to reflect certain road improvements to accommodate SCO-generated traffic. Ordinance No. 2004-63 updates Tables 1 through 16 of the 2005-2010 Capital Improvement Schedule (CIS), and includes road, water, and sewer facilities to serve the SCO. Ordinance No. 2004-64 updates Table 17 of the CIS, which addresses schools. g. The Petitioners, Their Burden, and Their Issues DCA’s notices of intent to find the Amendments in compliance were challenged by four not-for-profit organizations and one resident of Palm Beach County. All of the Petitioners timely commented, orally or in writing, to the County regarding the Amendments. Additional standing evidence was presented as to each Petitioner. Standing as an "affected person" under Section 163.3184(1)(a) was disputed as to all but one Petitioner. As to Petitioner, Maria Wise-Miller, it was undisputed that she is an "affected person" under Section 163.3184(1)(a). It was Petitioners' burden to prove beyond fair debate that the Plan Amendments were not "in compliance." See Conclusions 210-211, infra. Essentially, Petitioners are concerned that development of the SCO on Mecca's 1,919 acres is poor planning because of its present agricultural use, its location in relation to nearby natural areas and rural areas, and its distance from more urban areas and transportation facilities. More specifically, the issues raised by Petitioners as reasons why the Plan Amendments are not "in compliance" are framed in their Amended Petition.4 Implicating numerous applicable statutory and rule provisions, Petitioners' issues involve: urban sprawl; capital improvements (infrastructure); transportation concurrency; data and analysis; internal consistency; natural resources; community character and compatibility with adjacent uses; the Treasure Coast Regional Planning Council (TCRPC's) Strategic Regional Policy Plan (SRPP); and State Comprehensive Plan (SCP). No other issues have been added by further amendment, and no additional issues were heard by consent of the parties. See Conclusion 212, infra. H. Urban Sprawl Whether the Plan Amendments are consistent with relevant provisions of the state comprehensive plan, regional policy plan, the GMA, and Rule Chapter 9J-5 regarding discouraging urban sprawl, including provisions concerning the efficiency of land use, the efficient provision of public facilities and services, the separation of urban and rural land uses, and the protection of agriculture and natural resources, is determined by application of Rule 9J-5.006(5).5 Exceedingly detailed and complex, Rule 9J-5.006(5) provides in pertinent part: (d) Paragraph (5)(g) describes those aspects or attributes of a plan or plan amendment which, when present, indicate that the plan or plan amendment may fail to discourage urban sprawl. For purposes of reviewing the plan for discouragement of urban sprawl, an evaluation shall be made whether any of these indicators is present in a plan or plan amendment. If an indicator is present, the extent, amount or frequency of that indicator shall be considered. The presence and potential effects of multiple indicators shall be considered to determine whether they collectively reflect a failure to discourage urban sprawl. * * * Primary indicators. The primary indicators that a plan or plan amendment does not discourage the proliferation of urban sprawl are listed below. The evaluation of the presence of these indicators shall consist of an analysis of the plan or plan amendment within the context of features and characteristics unique to each locality in order to determine whether the plan or plan amendment: Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments. As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils. Fails to maximize use of existing public facilities and services. Fails to maximize use of future public facilities and services. Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. Fails to provide a clear separation between rural and urban uses. Discourages or inhibits infill development or 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 the loss of significant amounts of functional open space. Evaluation of land uses. The comprehensive plan must be reviewed in its entirety to make the determinations in (5)(g) above. Plan amendments must be reviewed individually and for their impact on the remainder of the plan. However, in either case, a land use analysis will be the focus of the review and constitute the primary factor for making the determinations. Land use types cumulatively (within the entire jurisdiction and areas less than the entire jurisdiction, and in proximate areas outside the jurisdiction) will be evaluated based on density, intensity, distribution and functional relationship, including an analysis of the distribution of urban and rural land uses. Each land use type will be evaluated based on: Extent. Location. Distribution. Density. Intensity. Compatibility. Suitability. Functional relationship. Land use combinations. Demonstrated need over the planning period. Local conditions. Each of the land use factors in (5)(h) above will be evaluated within the context of features and characteristics unique to each locality. These include: Size of developable area. Projected growth rate (including population, commerce, industry, and agriculture). Projected growth amounts (acres per land use category). Facility availability (existing and committed). Existing pattern of development (built and vested), including an analysis of the extent to which the existing pattern of development reflects urban sprawl. Projected growth trends over the planning period, including the change in the overall density or intensity of urban development throughout the jurisdiction. Costs of facilities and services, such as per capita cost over the planning period in terms of resources and energy. Extra-jurisdictional and regional growth characteristics. Transportation networks and use characteristics (existing and committed). Geography, topography and various natural features of the jurisdiction. Development controls. Development controls in the comprehensive plan may affect the determinations in (5)(g) above. The following development controls, to the extent they are included in the comprehensive plan, will be evaluated to determine how they discourage urban sprawl: Open space requirements. Development clustering requirements. Other planning strategies, including the establishment of minimum development density and intensity, affecting the pattern and character of development. Phasing of urban land use types, densities, intensities, extent, locations, and distribution over time, as measured through the permitted changes in land use within each urban land use category in the plan, and the timing and location of those changes. Land use locational criteria related to the existing development pattern, natural resources and facilities and services. Infrastructure extension controls, and infrastructure maximization requirements and incentives. Allocation of the costs of future development based on the benefits received. The extent to which new development pays for itself. Transfer of development rights. Purchase of development rights. Planned unit development requirements. Traditional neighborhood developments. Land use functional relationship linkages and mixed land uses. Jobs-to-housing balance requirements. Policies specifying the circumstances under which future amendments could designate new lands for the urbanizing area. Provision for new towns, rural villages or rural activity centers. Effective functional buffering requirements. Restriction on expansion of urban areas. Planning strategies and incentives which promote the continuation of productive agricultural areas and the protection of environmentally sensitive lands. Urban service areas. Urban growth boundaries. Access management controls. Evaluation of factors. Each of the land use types and land use combinations analyzed in paragraph (5)(h) above will be evaluated within the context of the features and characteristics of the locality, individually and together (as appropriate), as listed in paragraph (5)(i). If a local government has in place a comprehensive plan found in compliance, the Department shall not find a plan amendment to be not in compliance on the issue of discouraging urban sprawl solely because of preexisting indicators if the amendment does not exacerbate existing indicators of urban sprawl within the jurisdiction. Innovative and flexible planning and development strategies. Notwithstanding and as a means of addressing any provisions contained in Rules 9J-5.006(3)(b)8., 9J- 5.011(2)(b)3., 9J-5.003(140), F.A.C., and this subsection, the Department encourages innovative and flexible planning and development strategies and creative land use planning techniques in local plans. Planning strategies and techniques such as urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, mixed-use development and sector planning that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost- efficient delivery of public facilities and services, will be recognized as methods of discouraging urban sprawl and will be determined consistent with the provisions of the state comprehensive plan, regional policy plans, Chapter 163, Part II, and this chapter regarding discouraging the proliferation of urban sprawl. Of the 13 urban sprawl indicators in Rule 9J- 5.006(5)(g), Petitioners alleged the existence of only 2, 4, 6, 7, 8, 9, and 10. While there was evidence from which Petitioners reasonably could argue that the Plan Amendments promote urban sprawl, all of the Rule's indicators are at least fairly debatable. Indicator 2 As to Indicator 2, Petitioners' arguments on urban sprawl hinge in large part on characterization of Mecca as being rural land in the midst of likewise rural and conservation land far distant from any land use that could be characterized as urban or suburban. But while Mecca is distant from most of the Urban/Suburban Tier, neither the Village of Wellington nor Royal Palm Beach, both in the Urban/Suburban Tier, is very far away. The Acreage to Mecca's south, moreover, can be characterized as either urbanizing or suburban, but not rural. To the extent that Mecca is separated from other urban or suburban uses to the east by conservation lands (namely, the Loxahatchee Slough and Grassy Waters Preserve, a/k/a the West Palm Beach Water Catchment Area), no urban, suburban or even rural development of those conservation lands should be expected, making it fairly debatable whether "leaping over" those undeveloped lands should be considered an indicator of sprawl. In that sense, those conservation lands are similar to bodies of water. The “patchwork” pattern of developed, rural, and conservation uses near Mecca, including the adjacency of extensive residential development in The Acreage, also is significant. Nearby subdivisions including Jupiter Farms and Caloosa add further context for the sprawl analysis. The multi-use development at the SCO allowed by the Amendments may remediate the existing sprawl pattern near Mecca. Indicator 4 As to Indicator 4, it is at least fairly debatable whether conversion of rural land to urban uses on Mecca is premature in light of the Scripps opportunity and existing development pressures in the area. According to expert planning testimony for DCA and the County, the County is obliged to plan for growth in accordance with GMA and Rule 9J-5 up to its "sustainable carrying capacity," which has not been reached. Whether or not they believe the County has the option to plan to slow or stop growth before reaching "sustainable carrying capacity," it is clear from the evidence that the County is not doing so, but instead is planning for continued growth within the framework of its Plan until reaching what it considers to be "build-out" conditions. Given the County's basic growth policy, the County’s analysis of population projections for the next 20 years, compared to available vacant lands planned for residential use, shows the County has a “tight” plan with a restricted supply of land for development. This land use needs analysis shows that the eastern half of Palm Beach County (which includes Mecca) is experiencing intensive growth pressures due to the restricted supply of developable land, and that it will likely build out in approximately 20 years. Conservative assumptions in the County’s analysis suggest build-out in this area could occur even sooner. In its 1997 EAR, the County also concluded that eastern Palm Beach County would build out in approximately 20 years. The report noted that the approaching build-out of Dade and Broward counties to the south in the near future would further exacerbate growth pressures in Palm Beach County. Industrial lands in eastern Palm Beach County are expected to be exhausted by 2026. Because communities typically need greater locational variety for industrial uses compared to other uses, and in light of the many different activities that constitute an industrial use, the amount of land in eastern Palm Beach County designated for industrial use may be adequate but is not excessive. Besides, a numeric analysis is not necessary to justify industrial uses since they may be goal-based and aspirational. Seeking to diversify the local economy is an appropriate goal to support additional industrial land. Having a committed end-user for an industrial site is appropriate data to consider in evaluating such a land use change. Onsite residential and commercial uses will support the industrial use and better achieve a balance of uses, which will relieve the necessity to be evaluated against a numeric need test. Likelihood of Economic Benefits Petitioners argue that the proposed development at Mecca is not needed because significant economic benefits are so unlikely that the costly planned use of Mecca's 1,919 acres cannot be justified. Ordinarily, the likelihood of success of planned land uses would not be relevant to the compliance of a comprehensive plan or plan amendment. In this case, however, the County's vision for a Scripps-anchored biotechnology cluster at Mecca was the impetus for the major and important changes embodied in the Plan Amendments and is part of the demonstration of need. For that reason, consideration of the issue is appropriate in this case. The evidence is clear that the County's vision is not guaranteed success as planned and that there are significant risks involved. To maximize economic benefits, the County will have to not only attract R&D but also generate commercial spin-offs, where maximum economic benefits result. R&D requires research funding, and commercial spin-offs require venture capital. It also is essential to establish relationships with hospitals or clinics where clinical trials can take place. The predominant source of biotech research funding has been the National Institutes of Health (NIH). In the mid- 1990s, NIH funding increased dramatically, but significant increases in the coming years cannot be counted on, and other sources of research funding will have to replace the deficit. To the extent that pharmaceutical companies are resorted to for this purpose, they may require participation in any resulting commercialization, which could reduce local economic benefits if the funding source is not local. The evidence was that, over the last 30 years or so, significant economic benefits from biotechnology clusters achieving effective commercialization have been concentrated in just nine areas of the country. One is San Diego, California; none are in Florida. These nine areas also have garnered a disproportionate share of NIH research funding (although the percentage has declined a little in the last few years.) They also tend to have scientists inclined towards commercialization of the results of research and businessmen having the special abilities needed in the unique world of biotech, where years can pass before a business begins to see profits, and many start-ups fail. These nine areas also have access to venture capital, a good percentage of which has tended to be local, since many venture capitalists also want to be more active in monitoring and participating in the businesses they fund than most other investors. On the other hand, there was evidence acknowledging that at least some venture capital will seek out and follow good opportunities for profit wherever they may exist. Historically, at least through 2001, the biotech industry has become increasingly concentrated in these nine areas of the country, and they continue to have competitive advantages that the County's vision for the SCO would have to overcome. (On the other hand, several of these nine areas also have competitive disadvantage in the form of high taxes, high real estate costs, high cost-of-living, and less-than- ideal quality of life. So far, however, their advantages have surpassed their disadvantages.) There also is competition from many other cities and counties throughout the country desiring, like Florida and the County, to develop a biotechnology cluster. Recognizing the intense competition, the County's vision is to create a world-class setting for its effort at Mecca. Allowable facilities at the SCO include not just R&D space, but also a clinical hospital of up to 300 beds, a university campus of up to 2,000 college and university students, public facilities supporting environmental amenities, community facilities and retail facilities in a “town center,” and 2,000 or more housing units, including affordable housing. The SCO contemplates a mixture of uses that is hoped will lead to synergistic relationships and exchange of “tacit knowledge,” which are important to the success of a biotechnology cluster. Scripps Florida, as the anchor institution, will bring critical world renown and credibility. The principles of adjacency within the SCO are intended to promote synergy that transcends local competition and attracts regional and national users. In planning the SCO, Scripps’ experience in La Jolla and the views of Scripps officials were taken into account. Scripps’ campus at Torrey Pines Mesa has been in existence for almost 30 years, and has worked well. Scripps attempts to keep its buildings close to one another and has met with difficulty finding scientists willing to fill workspace four miles from the main Scripps campus. The FAR for the 500 acres of R&D use at the SCO is very low, at 0.39.6 By comparison, there was evidence that the FAR of the 900-acre University of Florida campus in Gainesville, Florida, is 2.00. Petitioners contend that much less than 500 acres is needed for the 8.5 million square feet of R&D provided in the SCO. However, the County found that Scripps’ buildings in California are constructed in horizontal fashion, with three, four and rarely five stories. Taller buildings have lower net-to-gross floor area, so they have significant added cost. Scripps considers close-by affordable housing desirable, especially for graduate and post-doctoral students. For other occupants of the SCO, low-rise construction makes it easier for companies to add space as they grow. High-rise construction is more expensive, harder to finance because of pre-leasing requirements, and less efficient. Based on the evidence, the FAR is fairly debatable. Venture capital from within and outside Florida is growing, as is capital interest in the Scripps initiative in Florida. Four clinical hospitals have expressed interest in participating in the SCO. In the year after announcement of Scripps Florida, the number of new life-science projects announced in Florida quadrupled in comparison to recent years. Workforce training and educational improvement are contemplated as support for and results of the SCO. The State has implemented and funded workforce programs in the life sciences, including in the County. The County has participated in the development of a consortium of Florida institutions of higher learning aimed at creating a specialized campus in the SCO. Scripps Florida is obligated to establish accredited science degree programs and internship programs for educators and secondary, post- secondary, graduate and post-doctoral students. Petitioners’ economic witness testified that the County lacks key competitive ingredients for developing a successful biotechnology cluster. Other witnesses, however, explained the level of efforts that the State, the County, and Scripps Florida are making to bring those ingredients to fruition. In addition, while Petitioners’ economic witness recited past experience of the biotechnology industry and forecast limited success for Scripps Florida primarily based on year seven, the last year of presently-committed State funding, he acknowledged that biotechnology research parks tend to experience a slow ramp-up, and the County anticipates a 30-year build-out. Of course, other sources of needed funding would have to be found after year seven. The evidence was that the chances for successful development of a biotechnology cluster at Mecca will decrease if no universities or hospitals are established onsite at Mecca and will decrease the longer it takes to establish them. If the planned biotechnology cluster does not succeed as well as planned, the SCO incorporates flexibility for absorption of R&D floor space by other types of research and development occupants. Often, when a large development project does not succeed as planned, pressures develop for investors to change the project's characteristics in an attempt to cut losses and increase profitability by selling land more quickly. In the case of the SCO, the investors are the taxpayers of Palm Beach County. It cannot be predicted what kind of pressures the County would feel, or what changes to the planned build-out would occur, if the SCO does not succeed as planned. Based on all the evidence, it is fairly debatable whether the likelihood of economic benefit is enough to justify the planned use of Mecca's 1,919 acres. Other Alternatives Petitioners also contend that the proposed development at Mecca is not needed because better alternatives exist. Specifically, they contend that the Scripps project could be sited: on the Briger site adjacent to the Florida Turnpike on its west and straddling I-95 in the City of Palm Beach Gardens; on Parcel 19 just west of I-95 and the Florida Turnpike, straddling Indiantown Road in the Town of Jupiter; or in the Park of Commerce (a/k/a Florida Research Park) in the unincorporated County near Mecca in the northeast quadrant of the intersection of the Beeline and SPW. Although the County had a contract with Scripps Florida to be located at Mecca, during the review process the BCC requested a study of possible alternative sites. The number of sites reduced rather quickly to three: Briger; Parcel 19; and the Park of Commerce. Data and analysis at the time of adoption of the Plan Amendments indicated that each of these alternative sites had flaws and risk factors, making it fairly debatable whether Scripps should be sited at any one of them instead of at Mecca. All three proposed alternatives have less acreage than Mecca and do not provide the same opportunities for affordable housing, open space, or flexibility of design, so as to be able to be developed in accordance with the vision the County has for development on its own 1,919 acres at Mecca. The Park of Commerce has limited opportunity for affordable housing, is limited in permitted uses, and is limited in flexibility by existing and platted infrastructure and industrial uses. It is now being used for industrial purposes--a railroad, a General Motors distribution facility, and a Walgreen's distribution facility--not considered to be consistent with the County's vision for a biotechnology research park. In addition, it may become necessary in the future to construct an overpass at the Beeline and SPW directly over the only suitable location for construction of the Scripps facilities at that site. Parcel 19 cannot accommodate affordable housing and would require $75 million in construction of major interchanges at I-95 and Indiantown Road, after which Indiantown Road still would be seriously over capacity, creating great traffic problems. In addition, it would be difficult to achieve the County’s targeted development program of 8 to 8.5 million square feet of R&D uses. The 682-acre Briger site favored by the Petitioners is bisected by I-95 into two triangular pieces. It would not meet the acreage requirements of the County’s contract with Scripps Florida unless the City of Palm Beach Gardens waives certain upland preservation requirements. In addition, at this time Briger remains on the County’s list of properties for acquisition for preservation (although its placement on the list may be out-of-date since Briger's hydrologic connection to the Loxahatchee River Slough has been more disrupted by development since its listing). Even if the Scripps contract requirements could be met, it would require higher vertical construction, which would be less compatible with surrounding residential uses, would provide less open space, and would have reduced flexibility. The County's complete vision for onsite incorporation of uses and amenities would not fit on Briger. For example, the university tie-in, the hospital, and residential features would have to be offsite. Briger might have a short-term marketing advantage over Mecca (in part because hospitals and FAU's Jupiter campus already exist in close enough proximity). Briger also would be closer to major transportation facilities, but that advantage would not necessarily offset Briger's deficiencies. It is fairly debatable whether long-term success would be more likely at Mecca or at Briger. All four sites–-Mecca, Briger, Parcel 19, and the Park of Commerce-–are located in the eastern half of Palm Beach County, where growth pressures are strong, the County’s Plan is "tight," and build-out is anticipated within the next 30 years, even without the SCO, based on County data compilations for land use need purposes. Natural Resources Protection and Conservation While they may not protect and conserve natural resources in an absolute sense (as is rarely if ever possible when development takes place near natural areas), it is at least fairly debatable whether measures in the Plan and Plan Amendments to protect and conserve natural resources are adequate. See Findings 146-182, infra. Indicator 6 As to Indicator 6, significant new infrastructure will have to be extended to Mecca under the Plan Amendments. Development closer to existing roads and, to a lesser extent, the existing USA and LUSA might make more use of existing facilities and services possible. But the evidence was that most of the $15 million of centralized water and sewer lines that will serve the SCO at Mecca already are planned for extension of service to the UT Overlay. Many of the road improvements planned for the SCO at Mecca also are already planned. See Findings 116-117 and 152-155, infra. In addition, it is at least fairly debatable whether and to what extent greater use could be made of existing public facilities and services by locating the Scripps elsewhere in the County, or whether location elsewhere in the County would be better or even possible, especially given the County's complete vision for development of the SCO at Mecca. See Findings 85-92, supra. Given the decision to develop at Mecca, there was no evidence that existing public facilities and services will not be used to the maximum extent possible. Indicator 7 As to Indicator 7, there is no reason to believe that the development at Mecca resulting from the Plan Amendments will not maximize the use of future public facilities and services. (The County has not planned to provide centralized water and sewer service to the Vavrus property because it does not have the legal right or ability to provide services within the boundaries of the City of Palm Beach Gardens.) Indicator 8 As to Indicator 8, a disproportionate increase in the cost in time, money, and energy may result from providing and maintaining facilities and services to the SCO. However, while this indicator may be in evidence short-term due to the cost of constructing facilities to the SCO, over time these costs would be ameliorated as more development occurs in the area. Indicator 9 As to Indicator 9, as depicted on Map H of the DRI application, which is referenced in new Policy 1.2-f as a “land use/site planning measure,” it is at least fairly debatable whether the Plan Amendments provide a clear separation between rural and urban uses. The only rural uses adjacent to Mecca are the Vavrus land to the east, and Map H depicts a 50-foot buffer there. There was evidence that the 50-foot buffer on the east is sufficient for the current use and the rural residential land use designation (1 du/10ac) placed on the Vavrus site at this time by the City of Palm Beach Gardens. The Mecca project has been designed so that, if there are changes in the future in the land use on the Vavrus property, those buffers would continue to provide compatibility. Indicator 10 As to Indicator 10, no language contained in the Plan Amendments discourages or inhibits infill or redevelopment, and the Plan still contains several provisions encouraging infill and redevelopment. On the other hand, development occurring at Mecca obviously will not result in infill or redevelopment. To the extent that the availability of economic incentives for infill and redevelopment is limited, the significant economic incentives committed to the Mecca project will not be available for infill and redevelopment. However, it is at least fairly debatable whether the infill and redevelopment measures in the Plan will be compromised by the Amendments in view of the increasing growth pressures in the County and the “tight” supply of land for development. The Plan Amendments include numerous anti-sprawl development controls that also are considered in the urban sprawl analysis. The principal controls are in the structure of the Plan Amendments, primarily the minimum and maximum amounts established for specific uses, a requirement for phasing, and a required balance of residential and non- residential uses for each phase. To mitigate sprawl, development controls should be meaningful and predictable, but also flexible. They need not include numeric setbacks and building spacing requirements, or a site plan. It is at least fairly debatable that the controls in the Amendments satisfy the State’s criteria. Cf. Rule 9J-5.006(5)(j). Petitioners' Evidence One planning witness for Petitioners who opined that the Amendments constitute sprawl did not consider the extent, amount or frequency of any indicator, contrary to Rule 9J-5.006(5)(d). He also opined there is no need for the Amendments. However, in analyzing this issue, he only reviewed portions of the Plan and a six-page summary of the EAR prepared by Petitioners’ counsel. He did not examine the 2003 Population Allocation Model or the County’s population projections and land use need analysis.7 Another planning witness for Petitioners rendered opinions about the interpretation of several indicators in the urban sprawl rule, but his testimony did not constitute expert opinions as to whether the Amendments constitute sprawl, or are "in compliance." A third planning witness for Petitioners, from the TCRPC, opined that the Amendments are sprawl, as is the existing development near Mecca. However, he admitted the definition of “sprawl” in the TCRPC's SRPP is not the same as the definition in Rule 9J-5. Urban Sprawl Summary Based on the foregoing, the determinations by the County and DCA in this case that the Plan Amendments are consistent with the state comprehensive plan, regional policy plan, the GMA, and Rule Chapter 9J-5 regarding discouraging urban sprawl, including provisions concerning the efficiency of land use, the efficient provision of public facilities and services, the separation of urban and rural land uses, and the protection of agriculture and natural resources are subject to fair debate. Capital Improvements In this category, Petitioners contend that the Plan Amendments are inconsistent with Section 163.3177(3)(a) and Rule 9J-5.016(2) and (3)(b). The statute provides: The comprehensive plan shall contain a capital improvements element designed to consider the need for and the location of public facilities in order to encourage the efficient utilization of such facilities and set forth: A component which outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component which outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan. The components shall cover at least a 5-year period. Estimated public facility costs, including a delineation of when facilities will be needed, the general location of the facilities, and projected revenue sources to fund the facilities. Standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service. Standards for the management of debt. The Rule provides: Capital Improvements 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. Current local practices that guide the timing and location of construction, extension or increases in capacity of each public facility; The general fiscal implications of the existing deficiencies and future needs for each type of public facility. This analysis shall be based on the needed improvements, as identified in the other local government comprehensive plan elements, and shall address the relative priority of need among facility types, and shall support the future land use element; The costs of needed capital improvements for mitigation of existing deficiencies, replacement and new growth needs pursuant to the future land use element and shall explain the basis of cost estimates; The impact of new or improved public educational and public health care systems and facilities on the provision of infrastructure; The use of timing and location of capital improvements to public facilities to support efficient land development and goals, objectives, and policies in the future land use element. This analysis must take into consideration plans of state agencies and water management districts that provide public facilities within the local government jurisdiction; and An assessment of the local government's ability to finance capital improvements based upon anticipated population and revenues including: Forecasting of revenues and expenditures for five years; Projections of debt service obligations for currently outstanding bond issues; Projection of ad valorem tax base, assessment ratio and millage rate; Projections of other tax bases and other revenue sources such as impact and user fees; Projection of operating cost considerations; and Projection of debt capacity. Requirements for Capital Improvements Goals, Objectives, and Policies. * * * (b) The element shall contain one or more objectives for each goal and shall address: The use of the capital improvements element as a means to meet the needs of the local government for the construction of capital facilities necessary to meet existing deficiencies, to accommodate desired future growth and to replace obsolete or worn-out facilities; The limitation of public expenditures that subsidize development in high hazard coastal areas; The coordination of land use decisions and available or projected fiscal resources with a schedule of capital improvements which maintains adopted level of service standards and meets the existing and future facility needs; The extent to which future development will bear a proportionate cost of facility improvements necessitated by the development in order to adequately maintain adopted level of service standards; and The demonstration of the local government's ability to provide or require provision of the needed improvements identified in the other local government comprehensive plan elements and to manage the land development process so that public facility needs created by previously issued development orders or future development do not exceed the ability of the local government to fund and provide or require provision of the needed capital improvements. There was no evidence that the Plan does not contain a CIE meeting these requirements or, more germane to this case, that the Plan Amendments undo the Plan's CIE, which already has been determined to be "in compliance." Actually, while seemingly focusing here on capital improvements other than those related to traffic circulation, Petitioners attempt to use these requirements primarily as additional bases for their urban sprawl arguments, supra, and their transportation concurrency and data and analysis arguments, infra. Chapter 2003-420, Laws of Florida, provides that the County in which Scripps is located shall have the exclusive right to provide central water and sewer service to the project. The County intends to provide such service to the SCO via lines extending from Okeechobee Boulevard and SR 7 about 12.5 miles away. The County has enough plant capacity to serve the SCO through build-out. Assuming Scripps Florida is located at the SCO, it would be expected to pay guaranteed revenue fees, connection fees, and on-line rates (which could be special rates set for Scripps and Mecca.) The evidence was that the total cost of construction for the lines to serve the SCO, while substantial at approximately $15 million (some of which would be expended with or without the SCO), is a relatively small percentage (5-6 percent) of the County's overall capital improvements budget, is relatively minor in light of the County’s strong financial condition, will enhance the use of existing assets and rate stability for customers, represents a least-cost and efficient approach for the area to be served, and will not cause other water and sewer needs to go unmet. The County’s 2005-2010 Capital Improvements Schedule (CIS) is financially feasible, as are each year’s program in the CIS. The CIS is based on best available data. Capital outlays to support the SCO will not deprive the County of money for other needed projects or distort the County’s fiscal priorities. Transportation Concurrency The Petitioners' focus here is on the CRALLS designations. CRALLS designations have been assigned to 37 different road segments and 6 intersections, not only near Mecca but also as far north as Indiantown Road, as far south as Okeechobee Boulevard, and as far east as I-95. They are set at vehicle loadings that match the traffic loads expected with development of the SCO. They only apply to the SCO. Other developments cannot rely on them but must use an applicable LOSS. In part, Petitioners frame their arguments on inconsistency with statutes and rules governing interim LOSS designed to correct existing deficiencies and set priorities for addressing backlogged facilities; Transportation Concurrency Management Areas used to promote infill and redevelopment; and Transportation Concurrency Exception Areas used to reduce the adverse impact transportation concurrency may have on urban infill and redevelopment and to achieve other goals and policies of the state comprehensive plan, such as promoting the development of public transportation. See Section 163.3180(9) and Rule 9J-5.0055(4)-(6). However, DCA and the County have made no effort to defend its CRALLS under those provisions.8 Rather, their position is that a CRALLS designation is a specialized LOSS that is "in compliance" without resort to those provisions of the law. DCA and the County seemed to come close to defending the CRALLS in part on the ground that the County has absolute discretion to establish these CRALLS and that they are not even subject to review for adequacy. Such a legal position would be untenable. Cf. Conclusion 217, infra. Assessment of the adequacy of the CRALLS is required. The transportation issues associated with the SCO are unprecedented in the County because of its size, location, and 30-year build-out. To address the challenges posed by these factors, the County relied on a combination of strategies to address transportation, including road improvements, CRALLS, adopting development controls for the SCO, and requiring mitigation. The initial transportation issue for the SCO was posed by FLUE Policy 3.5-d. This policy prohibits land use changes expected to generate significant impacts on any roadway segment projected to fail to operate at LOSS "D" based on the adopted Long-Range Transportation Plan. This policy is self-imposed and not required by the State. The SCO would generate trips beyond the significance thresholds in FLUE Policy 3.5-d. The County Engineer supported an exemption from this policy for the SCO because traffic considerations should not outweigh the economic and other land use goals the County is pursuing with the SCO. The first traffic analysis for the SCO was included in the DRI application, and was predicated on 10.5 million square feet of R&D. Later, in conjunction with re-zoning, the County’s consultants prepared a concurrency analysis for 8.5 million square feet of R&D, reflecting the maximum allowed by the Plan Amendments. All traffic analyses were performed as they would have been for a private developer, with methodologies approved by the County in collaboration with FDOT, TCRPC and Martin County. Assumptions were conservative, representing a worst- case scenario. SCO-related road improvements approved by the County in its five-year road program for 2005-2009 included 18 segments and three intersections at a total cost of $179.7 million. Of these, eight projects totaling $64.8 million were not new or changed in their amount of funding. The SCO-related improvements in the five-year road program were incorporated into the CIS for 2005-2010. An additional $26 million for these projects was included for 2010. Approximately 70 percent of the improvements needed for the SCO was previously identified on the 2020 Roadway System Map. In addition to these construction projects, the County also lowered the LOSS on some roads and intersections that would be impacted by the SCO over the next 30 years. In doing so, the County utilized its long-standing policy of establishing a CRALLS designation for each such road segment or intersection. The County is authorized under its charter to set LOSS's for all major roadways in unincorporated areas and municipalities except for the FIHS. The State sets the LOSS on roads in the FIHS. The County's generally applicable LOSS is LOSS “D”. Since 1989, the County has utilized the CRALLS strategy to establish an alternative LOSS on some roads due to physical or policy constraints. Examples of physical constraints include natural features, waterways, right-of-way limitations, and other roads; neighborhood opposition to a wider road would be an example of a policy constraint. CRALLS designations are not limited to the Urban/Suburban Tier; they may be adopted for land in any tier. Under TE Policy 1.2-f, CRALLS designations by the BCC must be based on data and analysis. These data and analysis must address 11 criteria in the County’s Unified Land Development Code (ULDC). CRALLS standards typically are expressed as a numeric limit on trip loadings on the road segment or intersection in question, rather than reliance upon the conventional, generalized “A”-“F” standards used by transportation engineers. Since 1993, Chapter 163 and Rule 9J-5 have granted a local government discretion to adopt LOSS for seven types of public facilities, including roads other than FIHS roads. The only State requirements are that LOSS's must be adequate, based on data and analysis, and established for each facility type. Local governments are not prohibited from adopting LOSS's for different facilities within a service type or even project-specific LOSS's that overlay the more generally applicable LOSS for a facility or facility type. Of the 37 road segments and six intersections given project-specific CRALLS designations in the Amendments, the designations on nine road segments will become ineffective when the roads are widened as planned. Another seven segments may eventually have their CRALLS designations repealed as unneeded. These segments are projected to be no more than 12 percent over generalized LOS “D”, and the County’s experience is that a detailed arterial analysis generally will show such a segment actually operating at LOS “D” when site-specific factors are considered. Seven segments and one intersection already had CRALLS designations, but the CRALLS was changed to accommodate the SCO. An additional nine segments and four intersections were expected to have a CRALLS designation even without the SCO, due to pre-existing conditions. On all but two of these, the SCO accounted for 5% or less of the trip loadings. Five segments and one intersection received a CRALLS designation solely because of the SCO. These include three segments of PGA Boulevard, two segments of SPW, and the Northlake Boulevard to Orange Boulevard intersection. In analyzing an LOSS for adequacy, a local government should consider both technical and policy issues. Technical issues for roads include the actual amount of traffic to be allowed on a road segment or intersection at the peak hour in the peak season. Policy issues involve comparing increased congestion to other planning principles, such as preventing sprawl, promoting economic development, and neighborhood opposition to wider roads. There is not a limiting list of planning principles to consider in evaluating adequacy. The County Engineer concluded that these CRALLS designations were appropriate and adequate LOSS's. He based his opinion on the amount of traffic on each segment or intersection, how the road would function, fiscal issues, his knowledge of the area, residents’ opinions, and other factors. He noted that the maximum trips in each CRALLS designation are for the peak hour in the peak season; the peak season represents a 15 percent increase over the off-peak season. The CRALLS determinations were supported by the best available data. Among other things, the data and analysis addressed the 11 criteria identified in the ULDC. As transmitted, the Amendments included a number of temporary CRALLS designations. In its Objections, Recommendations and Comments (ORC), DCA objected that temporary CRALLS designations without an accompanying long- range CIS were inconsistent with Chapter 163 and Rule 9J-5. DCA suggested the County identify improvements for those CRALLS that were indeed temporary, and assign permanent CRALLS to those segments for which no improvements were planned. Of the 43 CRALLS designations in the Amendments as adopted, all but two were permanent. The CRALLS designations on two segments of Northlake Boulevard were to be “no longer in effect” after the extension of PGA Boulevard. These CRALLS designations are supported by a fully-funded extension of PGA Boulevard from SPW to the Beeline in the CIS. Considering the road improvements in the adopted CIS and the CRALLS designations adopted in the Amendments, the County will achieve and maintain the LOSS's on roads affected by the Amendments through 2009. In addition to road improvements and adopting CRALLS, the County adopted “best planning practices” for transportation in the Amendments. These included a variety of requirements in FLUE Policy 2.8-c, 1.-3., emphasizing bicycle and pedestrian mobility, project design measures like slip roads, and mixing uses to enhance internal trip capture. Policy 2.8-c, 9., included several requirements intended to foster public transportation at the SCO. Policy 2.8-d required a balance of residential and non-residential uses in each five-year project phase. Finally, the Amendments include required mitigation measures in conjunction with the CRALLS designations, including road construction and design principles for the SCO. Petitioners’ transportation witness opined that the CRALLS designations were not adequate and, in some cases, not feasible. But for several reasons, his opinions were not beyond fair debate. First, he based his opinion on the traffic analysis of 10.5 million square feet of development in the DRI application, which was later reduced to a maximum of 8.5 million, unbeknownst to the witness. Second, his technical analysis was general and did not take into account the County’s actual experience, which is not professionally acceptable data and analysis for purposes of a plan amendment. For example, some CRALLS loadings he said were impossible to achieve are already being met or exceeded in the County on actual roads, and traffic on some roads flows at speeds equivalent to LOS “D” even though trip loadings greatly exceed the LOS "D" numbers on the generalized LOS tables. Third, his opinion did not take into account the possibility that required on-site affordable housing and CRALLS mitigation measures in the Plan Amendments might increase internal trip capture and reduce trips on the external roadway system. Fourth, he assumed that the only policies the County could consider when evaluating the adequacy of a CRALLS designation are infill, redevelopment, and promotion of “forgotten modes” of transportation like bicycles; he did not consider economic development, urban sprawl, growth pressures, and other planning principles. Data and Analysis Paragraph 75 of the Amended Petition, labeled "Data and Analysis," alleges that the Plan Amendments are: not clearly based on the relevant and appropriate and professionally-accepted data and analysis regarding: impacts to adjacent natural areas; compatibility with adjacent land uses; impacts to the Loxahatchee River and restoration thereof; the Comprehensive Everglades Restoration Plan [CERP] and components thereof; impacts to rural communities; the availability and necessity of infrastructure and the provision thereof to support the project; the necessity for and the amount of land needed to accommodate the project; the availability and suitability of alternative sites for the project; the character of the undeveloped land and the surrounding community; the economic impacts of the proposed plan amendments; [and]9 the likelihood of developing an economically significant biotech industry as [a] result of the plan amendments . . . as required by sections 163.3177(6)(a), (8) and (10)(e), Fla. Stat. and Rule 9J-5.005(2) and (5)10 and 9J-5.006(2) and 9J-5.013(1) F.A.C.11 Section 163.3177(6)(a) requires that the future land use plan be based on appropriate data and analysis. Section 163.3177(8) requires all elements of comprehensive plans to be "based upon data appropriate to the element involved." Section 163.3177(10)(e) states the Legislature's intent that goals and policies be "clearly based on appropriate data"; states that DCA "may evaluate the application of a methodology utilized in data collection or whether a particular methodology is professionally accepted"; and states that DCA "shall not evaluate whether one accepted methodology is better than another." Rule 9J-5.005(2) states in pertinent part: (a) All goals, objectives, policies, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and their support documents, shall be based upon relevant and appropriate data and the analyses applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. Rule 9J-5.006(2) describes the Land Use Analysis Requirements for the FLUE. It should be noted that new FLUE Policy 2.8-f in the Plan Amendments provides: "If the Scripps Research Institute does not move forward on the Mecca site, Staff shall bring to the BCC for initiation proposed amendments to consider removing any text and maps related to the [SCO] from the Comprehensive Plan." While Petitioners characterize this Policy as an admission that the Plan Amendments are not "in compliance," the Policy actually is prudent and would allow reconsideration of planning for Mecca and vicinity with a Scripps-anchored biotechnology cluster effort located elsewhere in the County (or even without any Scripps-anchored biotechnology cluster effort in the County, if that were to occur) as part of the EAR-based and sector planning efforts of the County. Some parts of the data and analysis would not be "professionally accepted" and, standing alone, would not be adequate to support the Plan Amendments. For example, the Washington Economic Group report is not "professionally accepted" because: it does not explain its methodology; it is based on an erroneous assumption that the plan for Scripps Florida, which is planned to be smaller than Scripps California, will generate the level of biotechnical industry found in all of San Diego, which includes not only Scripps, but also the University of California at San Diego and the Salk Institute in its cluster; it overestimates the importance of Scripps' role in the San Diego cluster; and it double- counts Scripps employment in its employment estimates. But other data and analysis corrected these errors. The amount of data and analysis supporting the Plan Amendments is voluminous. Petitioners' data and analysis arguments essentially are that the same evidence they presented as to the substantive areas of concern proves alleged failures of data and analysis to be "professionally accepted" and adequate. As indicated elsewhere in this RO, Petitioners' evidence did not prove their case as to substantive areas of concern beyond fair debate; likewise, they did not prove beyond fair debate that the totality of the data and analysis supporting the Plan Amendments were not "professionally accepted" or were inadequate. Internal Consistency The Amended Petition alleges numerous internal inconsistencies. Section 163.3177(2) requires: "The several elements of the comprehensive plan shall be consistent . . . ." Rule 9J-5.005(5) repeats this admonition in subparagraph (a), and subparagraph (b) adds: "Each map depicting future conditions must reflect goals, objectives, and policies within all elements and each such map must be contained within the comprehensive plan." Petitioners allege inconsistency with the following statements in section B., the Assessment and Conclusions section of the Introduction to the FLUE, that the updated 1989 Plan implements the direction provided by the BCC to: strengthen and facilitate revitalization and redevelopment and infill development programs; protect agricultural land and equestrian based industries; balance growth through the County; * * * 8. establish a timing and phasing program to provide for orderly growth; * * * coordinate growth with the provision of infrastructure; define how growth/services will be managed in rural residential areas; define service areas and the type of services to be provided within each service area; and provide criteria for expanding the Urban/Suburban Tier. Petitioners allege inconsistency with the following GOPs of the FLUE: Goal 1, to establish the Tier System. Policy 1.1-b, establishing criteria for redesignation of a Tier. Policy 1.1-d, not to modify the Tier System if redesignation would exhibit the characteristics of urban sprawl, as defined by Rule 9J-5.006. Objective 1.4, for a Rural Tier to protect and maintain rural residential, equestrian, and agricultural areas. Policy 1.4-k, not to make future land use decisions that increase density and/or intensity requiring major new public investments in capital facilities and related services in the Rural Tier. Objective 2.1, to designate sufficient land area in each land use designation to manage and direct future development to appropriate locations to achieve balanced growth. Policy 2.1-f, not to exceed the natural or manmade constraints of an area considering assessment of soil types, wetlands, flood plains, wellfield zones, aquifer recharge areas, committed residential development, the transportation network, and available facilities and services; and not to underutilize existing or planned capacities of urban services. Policy 2.2-b, requiring: an adequate justification and a demonstrated need for proposed future land use; for residential density increases to demonstrate that the current land use is inappropriate; for a review and determination of compatibility with existing and planned development in the immediate vicinity; and an evaluation of impacts on the natural environment, availability of facilities and services, adjacent and surrounding development, future land use balance, prevention of urban sprawl as defined by Rule 9J- 5.006(5)(g), Community Plans and/or recognized Planning Area Special Studies, and municipalities in accordance with Intergovernmental Coordination Element Objective 1.1. Policy 2.2-d, to ensure consistency of the County's ULDC with the appropriate elements of the Plan. Objective 2.6, to establish a transfer of development rights (TDR) program. Policy 2.6-b, requiring the TDR program to be the method for increasing density within the County unless an applicant can justify and demonstrate need and that the current designation is inappropriate, or is using the Voluntary Density Bonus program, as outlined in the Housing Element and the ULDC. Policy 2.6-f, limiting potential TDR receiving areas to the Urban/Suburban Tier, Planned Development Districts and Traditional Development Districts requesting a density increase, and subdivisions requesting a bonus density above the standard density. Policy 2.6-h, prohibiting designation of receiving areas which would result in a significant negative impact upon adjacent Environmentally Sensitive Land. Policy 2.6-i, prohibiting designation of receiving areas which would be incompatible with surrounding existing and future land uses. Goal 3, to define graduated service areas for directing services to the County's diverse neighborhoods and communities in a timely and cost-effective manner. Objective 3.1, to establish graduated service areas to distinguish levels and types of services needed in a Tier. Policy 3.1-a, to establish the USA, LUSA, and RSA considering: the density and intensity of land uses depicted in the FLUE Atlas; the cost and feasibility of extending services; the necessity to protect natural resources; and the objective of encouraging reinvestment in the Revitalization and Redevelopment Overlay. Objective 3.4, to require a RSA which meets the needs of rural development and use without encouraging the conversion of rural areas to more intense uses. Policy 3.4-a, for the RSA to include those areas of the County where the extension of urban LOS's is neither foreseen during the long range planning horizon nor warranted by development patterns or densities and intensities allowed. Policy 3.4-c, not to provide or subsidize centralized potable water or sanitary sewer in the RSA unless: required to correct an existing problem; required to prevent a projected public health hazard; required to prevent significant environmental degradation; or required by the Public Health Department for development in the Rural Tier adjacent to water and/or sewer lines which existed prior to adoption of the Plan in 1989. Objective 3.5, to require availability of services concurrent with impacts of development, to ensure consistency of decisions regarding location, extent, and intensity of future land use (particularly urban expansion), with types of land use and development established in each Tier. Objective 4.1, to develop and implement a Community Planning and Neighborhood Planning program, consider the program's plans for more livable communities with a strong sense of place and identity for the various regions in the County. Policy 4.1-c, to consider the objectives and recommendations of all Community and Neighborhood Plans, including recognized Planning Area Special Studies, prior to extending utilities or services, approving land use amendments, or issuing development orders for rezoning, conditional use, or Development Review Committee approval. Goal 5, to provide for the continual protection, preservation, and enhancement of the County's various high quality environmental communities. Petitioners allege inconsistency with the following parts of the Conservation Element (CE): Objective 2.1, to preserve and protect native communities and ecosystems to ensure that representative communities remain intact, giving priority to significant native vegetation. Policy 2.1-g, to ensure that management plans are developed for County-owned or County-managed natural areas and that uses allowed on these lands are compatible with them and preserve their natural character. Objective 2.4, to protect and preserve endangered and threatened species, species of special concern, and their associated habitats. Petitioners allege inconsistency with the following GOPs of the CIE: Objective 1.1, to maintain minimum LOSS's for various facilities, including traffic circulation, and to issue development approvals based on ability to maintain those LOSS's. Objective 1.4, to identify and fund services and capital improvements required by the Plan. Policy 1.4-a, to fund projects and programs to (not in order of importance): correct public hazards; eliminate existing deficiencies in LOS's; provide capacity for projects in the USA approved through development orders; provide for renewal and replacement of, and improvement to, existing public infrastructure and physical assets; maintain LOS's as new growth occurs; increase existing LOS's to desired LOS's; and implement the GOPs in the Plan. Policy 1.5-c, not to provide urban LOS's in the RSA except where allowed under CIE Objective 1.1, required to correct a public health hazard, or required by the Public Health Department for development in the Rural Tier adjacent to water and/or sewer lines which existed prior to adoption of the Plan in 1989. (Other internal consistencies mentioned in Petitioners' PRO were not alleged or heard by consent and may not be considered. See Conclusion 212, infra.) The evidence did not prove beyond fair debate that the Plan Amendments cause the elements of the Plan to be internally inconsistent, or cause the depictions of future conditions in the FLUE Atlas not to reflect the GOPs within all elements of the Plan. Natural Resources Impacts on the Mecca Site As a result of its use for citrus growing and mining, Mecca itself is devoid of significant environmental value. The South Florida Water Management District (SFWMD) has found no jurisdictional wetlands on it. There are no native plant communities; in fact, there is virtually no native vegetation anywhere on the site. Mecca is used by wildlife in limited and intermittent ways. The main wildlife use is localized foraging by species such as sandhill cranes and wood storks in the impoundment and irrigation ditches. Mecca does not provide suitable habitat for nesting or denning. A listed species survey revealed no gopher tortoises or snail kites. The surface water management system for the first 535 acres of the SCO has received a construction permit, and the system for the total site was conceptually approved based on water quantity and water quality compliance. See Florida Wildlife Federation, et al., v. SFWMD, et al., SFWMD Order No. 2004-208 FOF ERP, DOAH Case Nos. 04-3064 and 04-3084, 2004 WL 2770101 (DOAH December 3, 2004; SFWMD Final Order December 8, 2004). No significant adverse impacts to natural resources on Mecca itself would result from development of the SCO on Mecca. Impacts of Development on Mecca on Natural Areas Surrounding Mecca The lands surrounding Mecca are more significant environmentally. They include Corbett WMA to the west, Hungryland Slough to the north and northeast, the Vavrus property to the east, and the North County Airport Preserve (Conservation lands to the west, south, and southeast of that Airport) east of the Vavrus property. Farther away to the east and northeast is the Loxahatchee Slough and the Northwest Fork of the Loxahatchee River, including its federally- designated Wild and Scenic and Outstanding Florida Water portion. Farther away to the southeast is the Grassy Waters Water Preserve Area, which is both a high quality natural wetlands area and an important source of drinking water for the City of West Palm Beach. New FLUE Policy 2.8-c requires the adoption of design standards for the SCO which, among other things, will at a minimum address: 4. Protection of conservation lands to the north and west of the SCO and include a passive recreational wetland system to enhance the quality of surrounding areas of environmentally sensitive lands. In accordance with this Policy, Map H designates a 247-acre, 500-1,000 foot wide flow-way along the entire north and west sides of Mecca. The flow-way will consist of braided channels through a freshwater marsh, as well as forested wetland and upland tree islands. These wetlands will enhance recreation and wildlife use. The mining lake and a new, separate lake on the south end of the site will have littoral shelves and plantings conducive to wildlife use. In addition to providing onsite environmental benefits, the flow-way will help protect adjacent environmental lands to the west and north from the effects of development on Mecca itself. Impacts of Road Construction on Natural Areas Surrounding Mecca SPW as currently depicted in the Plan runs directly along the western border of Mecca immediately adjacent to Corbett WMA. By virtue of the Amendments, the road alignment has been moved eastward onto Mecca, with the flow-way on its west as a buffer between the actual road and Corbett. This road alignment and buffer can be expected to have less of an impact on Corbett than would an alignment without a buffer. In addition to the impacts of development on Mecca itself, the Plan Amendments also affect road construction offsite that have environmental impacts. The extension of SPW from south of Mecca north to the Beeline through the Hungryland Slough was planned and included in the Plan's 2020 Roadway System Map before the Amendments were adopted, but was not in the County's five-year road program through 2009. The Amendments enlarged the planned roadway from four to six lanes and accelerated its construction to 2007. The extension of PGA Boulevard west from the Beeline to Mecca was not depicted in the Plan prior to the Amendments. The Plan Amendments identify a new 260-foot wide ROW on the new TIM; although the ROW could accommodate ten lanes of roadway, a six-lane road is depicted on the new 2020 Roadway System Map. The new road construction is expected to impact a number of wetlands on private property, but the exact extent of this impact is not known as its precise alignment has not been selected, and the general alignment depicted in Ordinance No. 2004-39 does not allow an exact assessment of potential environmental impacts. In order to examine potential impacts of the PGA Boulevard Extension, the County studied the “worst case scenario” for the extension if it were completed in a straight-line from the Beeline to Mecca. A road constructed on this alignment would directly impact over 45 acres of wetlands, and have an indirect impact upon another 56 acres of wetlands. SFWMD considered this “worst case scenario” as part of its review of secondary impacts for purposes of the conceptual permit it issued for the SCO, which assumed that impacts will be lessened during subsequent permitting as a result of SFWMD's avoidance, minimization, and mitigation requirements. See Florida Wildlife Federation, et al., v. SFWMD, et al., SFWMD Order No. 2004-208 FOF ERP, supra. Habitat Fragmentation The integrity of natural areas is very important to wildlife. For one thing, the ability of wildlife to move around and mix to enlarge the gene pool increases the structural stability of wildlife populations. Loss of enough integrated habitat can be very damaging to particular species of wildlife. As habitat becomes further and further fragmented by development, the remaining connections among areas of quality habitat become increasingly important in general and especially for particular species of wildlife. Development and roads built through natural areas result in road kill and habitat fragmentation, which compromises the quality of the natural areas. Before the Plan Amendments, through at least 2009, wildlife would have had the ability to use Mecca and especially Hungryland to move between Corbett, Vavrus, the North County Airport Preserve, without having to cross any major roads until coming to the Beeline and Northlake Boulevard, which separate those areas from the Loxahatchee Slough northeast of the Beeline and north and south of existing PGA Boulevard, and from the Grassy Waters Preserve south of Northlake Boulevard. At some point between 2009 and 2020, a four-lane extension of SPW was planned to be added. As a result of the Plan Amendments, the SPW extension will be accelerated to 2007 and constructed with two additional lanes. As a result, the Plan Amendments will tend to reduce connectivity, increase fragmentation of natural habitats, and probably increase road kill of deer, alligators, various kinds of turtles, otters, and snakes. While not part of the Plan Amendments, planned protection measures include fencing to separate Corbett from the Mecca project and wildlife crossings and bridging installed along with the widening of SPW north of Mecca and the extension of PGA Boulevard to Mecca in an attempt to retain the linkage of open wetland and upland areas to the west, north and east, consistent with CE Objective 5.1. Unfortunately, even if the fencing and wildlife crossings and bridging are 100 percent effective for larger animals (which they probably will not be), it should be recognized that many smaller animals will benefit little from them if at all. In particular, increased road kills of listed indigo snakes should be expected due to their large habitat home range (200-acre home range for males). Fire Management Virtually all plant communities in the vicinity of Mecca are fire dependent--in order to be maintained in their natural state, they must be burned approximately every three years, or they will be invaded by exotic species, and their habitat values will be reduced. The inability to maintain a regular burn schedule also poses a public safety threat due to the increased risk of wildfires. Fire management is compromised near roadways and developed areas due to health concerns, reduced visibility, and increased wildfire threat. Caution is used when burning near roadways so as not to cause (traffic accidents,) or to be blamed unfairly for causing them, which can be just as bad for the public relations that have to be maintained to successfully fire-manage natural lands. If an airport, hospital, school, or community is within two miles of a burn area, it is considered a smoke-critical area. If Mecca is developed as proposed, it will be considered a smoke-critical area for many burns in Corbett, which will not be able to be burned if the wind is blowing from the west. In Corbett, which has a lot of lighter wood, fires often smolder for weeks, further constraining fire management. For these reasons, the development allowed by the Plan Amendments will negatively impact the management of Corbett. However, there are alternative fire-management techniques that can be used, if necessary, in natural areas adjacent to Mecca. In addition, with or without the SCO, the County was planning a four-lane extension of SPW along the eastern boundary of Corbett, which would be a constraint on fire management. Light Impacts The proposed development on Mecca will add light sources that will alter the nighttime sky viewable from Corbett, Hungryland, and the Loxahatchee Slough. Depending on the extent, such an alteration would reduce recreational values of Corbett. Lights also can interrupt bird migration and be harmful to migratory birds. The area surrounding Mecca is important for migratory birds because the lack of lighting provides a dark sky and safe route for migration. Special downward-directed lighting that can reduce the adverse impacts from lighting is intended to be used on the Mecca project although a clear requirement to use them is not included in the Plan Amendments. Noise, Pollution, and Mosquito Control Noise and other roadway disturbance cause behavioral problems in wildlife, disrupt bird-nesting for considerable distances, and negatively impact prey and predator by interfering with offensive and defensive mechanisms. However, it should not be anticipated that these kinds of impacts will be significant. In most cases, they probably will disturb the human recreational users of these public lands more than the wildlife. Fertilizer and pesticide use on Mecca may be harmful to wildlife on adjacent properties. But there are ways to control their ill effects through land development regulation consistent with provision in the CE of the Plan. Mosquito control is typically required in urban developments, and is accomplished through the use of pesticides that are not only targeted towards mosquitoes, which are an important part of the food chain, but also kill a wide variety of insects, spiders, and invertebrates. This reduces the populations of these species, negatively impacts species that rely on them for food, can be expected to result in less food for birds such as tree swallows, which feed heavily on mosquitoes, as well as dragonflies, and numerous species that rely on mosquito larvae in the aquatic environment. Loxahatchee River Basin Petitioners contend that it is unacceptably poor planning to develop the SCO on Mecca at this time and eliminate it as an option for use for water storage as part of efforts to restore the Loxahatchee River. The Loxahatchee River has been negatively impacted by development in its basin. Such development has resulted in several changes, including the redirection of water discharge to other basins and an unnatural increase in stormwater drainage. These changes to the drainage patterns have resulted in several problems, including excessively high flows in the river following rainfall events, and reduced base flows during the dry season. Excessive flows during the wet season have resulted in erosion of the stream bed, sedimentation blocking the channel at times, and sometimes water quality problems and fish kills. Reduced base flows during the dry season have contributed to allowing saltwater intrusion up the river channel. (Other contributing factors include straightening and stabilization of the inlet to reduce the need for maintenance dredging and the removal of a large oyster bar from the riverbed for navigation purposes.) Saltwater intrusion has altered aquatic ecosystems and caused a change in the vegetation along the riverbanks. Specifically, freshwater cypress-dominated wetlands used to occur as far seaward as 6.2 miles from the river mouth; now mangroves have replaced the cypress swamps as far inland as river mile 9.2, and the cypress wetlands to river mile 10.2 are stressed. Restoration of the Loxahatchee River is an objective of CERP, North Palm Beach County Part One. One component of North Palm Beach County Part One was for SFWMD to acquire rock mine pits for water storage from Palm Beach Aggregates near where the L-8 canal meets the C-51 canal. SFWMD plans to channel water through canals into these pits during wet season or high rainfall events, then discharge the water from the pits back through the canals during dry season. One destination for this fresh water during the dry season would be the Loxahatchee River. Until recently, prior to the Scripps opportunity, the North Palm Beach County Part One CERP team also was considering use of Mecca for water storage as a possible management measure in the overall CERP strategy for restoration of the Loxahatchee River. Mecca was considered for two main reasons. One was its location on the west leg of the C-18 canal, which receives discharges from the C-18 basin and flows into the Loxahatchee River. Water could be fairly easily stored there during the wet season and released to the river during the dry season. The other was its disturbed condition, being an orange grove and sand mine. The only other potential water storage sites near the C-18 canal without pristine wetlands that would be unsuitable and undesirable sites for a water storage facility is approximately 1,500 acres of disturbed agricultural land on Vavrus. (The other two-thirds of the Vavrus property has high-quality wetlands habitat.) However, Mecca was not specifically mentioned in any component of CERP, North Palm Beach County Part One, and consideration also was being given to restoring the Loxahatchee River without using Mecca for water storage. No decision was made to use Mecca for water storage, and no steps were taken to purchase Mecca for this purpose. When the Scripps opportunity arose, the County purchased the property for development of a biotechnology research park and applied to SRWMD for a surface water storage and management system and environmental resource permit. One issue was whether the permit would be consistent with the objectives of SFWMD, including CERP. SFWMD did a preliminary study, which included modeling, and determined that Mecca would not be needed for water storage, finding that water storage capacity available in the Palm Beach Aggregates rock mine pits was sufficient, given the pits’ location, depth, and access to nearby canals. SFWMD already had a contract for use of 48,000 acre-feet feet of storage capacity, which is more than seven times the achievable storage at Mecca. In addition, SFWMD was negotiating to acquire the right to double that storage capacity at Palm Beach Aggregates. Based on the County's plans to develop the SCO on Mecca, and the options available for restoring the Loxahatchee without water storage on Mecca, the CERP team eliminated the Mecca option. Instead, SFWMD and the County coordinated on the role the SCO might play in the recovery effort. SFWMD concluded that Mecca could be used to advantage as part of the water conveyance system between the rock mine pits and environmental areas, including the Loxahatchee River. Establishing a flow-way from the south to north of Mecca would give SFWMD another route with which to move water, would reduce dependence on Lake Okeechobee for fresh water, and would provide greater base flows to the Loxahatchee. Based on SFWMD input, the County designed for Mecca a flow-way that will allow flow up to 1,000 cubic feet of water per second (cfs) to assist recovery efforts for the Loxahatchee. Construction at Mecca is phased to assure that the existing onsite impoundment will be in place until the flow-way is functioning. This conveyance system will benefit offsite resources and improve water quality, and is consistent with and complementary to SFWMD’s CERP implementation. Petitioners' witnesses criticized the decision to proceed with development of the SCO on Mecca at this time on the ground that CERP's implementation report (a/k/a "tentatively selected plan") has yet to be approved. However, approval requires not only agreement by the State and federal agencies involved but also a vote of the United States Congress, which may not occur until 2008. It is a fairly debatable policy question whether to postpone a decision on developing the SCO at Mecca until Congress approves an ultimate CERP implementation plan. Petitioners' witnesses also criticized the modeling relied on by SFWMD to eliminate the Mecca option. They pointed out that the modeling was not peer-reviewed and that it assumed 80,000 to 100,000 acre-feet of storage at the rock mine pits. But this point, too, is fairly debatable. First, while peer-review is required in the CERP planning process, it is not required of data and analysis under the GMA. See Finding 136, supra. Second, the purpose of the modeling was to supplement modeling already done assuming 48,000 acre-feet of storage for comparison purposes. It was not intended to answer the ultimate question of CERP planning process--whether the CERP implementation plan will meet CERP objectives, including restoration of the Loxahatchee. In addition, based on the evidence, prospects for obtaining the additional storage seem reasonably good. Third, water from the rock mine pits is only one of four sources of flow needed for restoration of the Loxahatchee. The combination of sources CERP will use has not been determined yet. Preliminarily, it is estimated that base flows from the south will be required to maintain 65 cfs minimum flows at the Lainhart Dam. Based on the evidence, the prospects for being able to maintain those flows using water from the rock mine pits are reasonably good. Other necessary flow will be sought from the Palmar/Cypress Creek and Kitchen Creek areas to the north. Fourth, as for reducing high flows during the wet season, it is fairly debatable whether the plan to use the Palm Beach Aggregates rock mine pits alone for water storage will work well enough. It could be that, despite capacity limitations on storage potential in the C-18 basin, some storage there may prove beneficial, perhaps in conjunction with aquifer storage and recovery wells (ASRs), along with the rock mine pits. Even with the Plan Amendments, there remains some potential at this time that a limited portion of Mecca and disturbed portions of Vavrus could be used for this purpose if needed. Petitioners' witnesses also complained that use of the rock mine pits along with a flow-way through Mecca will require potentially costly land acquisition and permitting and modification of existing canals and construction of new canals, as well as larger pumps, and that water will be lost in transit between the rock mine pits and Mecca through evaporation. But there was no evidence that those factors will in fact harm or jeopardize restoration of the Loxahatchee River. Meanwhile, it is significant that the flow-way on Mecca will be provided by the County and will not cost SFWMD or CERP anything. Natural Resources Summary As can be seen, development of the SCO at Mecca will not be without some adverse impacts to natural resources and the environment. However, the County's determination that the benefits of the SCO outweigh the harm of those impacts, so as not to cause the Plan Amendments to be "in compliance," is a policy decision that is at least fairly debatable. Community Character and Compatibility It is obvious that the Plan Amendments will result in a complete change in the character and use of the Mecca site. Without question, development of the SCO at Mecca will impact adjacent lands and the character of the nearest communities. The question raised, however, is whether the changes at Mecca are compatible with the character and uses of the surrounding lands. New FLUE Policy 2.8-c requires, among other things: urban uses allowed by the SCO to have a defined edge; protection of conservation lands to the north and west by a passive recreational wetland system to enhance the quality of surrounding environmentally sensitive lands; and compatibility with and minimization of impacts on land uses adjacent to the SCO. Map H of the DRI application shows wetland and other buffers on the north, west, and south sides of the SCO, and a 50-foot upland buffer along the Vavrus property to the east. There was evidence that the 50-foot buffer on the east is sufficient for the current use and the rural residential land use designation (1 du/10ac) placed on the Vavrus site at this time by the City of Palm Beach Gardens. The Mecca project has been designed so that, if there are changes in the future in the land use on the Vavrus property, those buffers would continue to provide compatibility. Corbett WMA and the Hungryland preservation lands in Unit 11 will be buffered by passive recreational wetlands 500 to 1,000 feet wide, based on Map H. Corbett WMA will be benefited by moving Seminole Pratt-Whitney (SPW) Road to the east of the SCO westerly buffer and converting the existing roadbed to an equestrian trail.12 To the south, The Acreage is an example of urban or suburban sprawl. A residential development platted in 1.25- acre lots, it has all internal roads in place and in use. There was ample evidence that development of the SCO can be compatible with The Acreage. The southerly buffer between the nearest residence in The Acreage and development in the SCO would be about 800 feet. SPW already is in the 2020 TIM and Roadway System Map as a four-lane paved road through The Acreage and north past Mecca and the Beeline to Indiantown Road. However, SPW Road already has a 120-foot-wide ROW, which can accommodate a six- lane road, and The Acreage Neighborhood Plan calls for construction of this road from Northlake to the Beeline Highway, as well as extension of SR 7 north from Okeechobee Boulevard to Northlake. There is already heavy traffic on the few major through-roads in The Acreage, and that will increase incrementally. At the same time, some work trips from The Acreage to areas of the County farther east could be offset by employment opportunities in the SCO. The North County Airport has a five-mile runway buffer zone precluding educational uses. That buffer zone was accommodated on the SCO by the arrangement of uses on Map H. The new extension of PGA Boulevard from the SCO to the Beeline Highway will be subject to FAA setback requirements, but there are options for addressing that issue when an alignment is selected. The 28-acre Accessory Site is located on the west side of SPW Road just south of the SCO. Its use for construction of SPW Road, a connector canal, and an FPL substation is compatible with the existing FPL transmission line on the property. The substation will be sufficiently buffered by canals and SPW Road from The Acreage to its east and south. Many residents in the communities in the vicinity of Mecca desire to preserve the character of their communities or, it seems, even restore it to what it was before the growth the County has seen in this area over the last several years. Several own horses and desire to continue to ride their horses along the roads in the area. However, as indicated, with or without the Plan Amendments, growth in the area was expected, the County was planning to build roads in the area, and traffic was expected to increase. Based on the foregoing, it is fairly debatable whether the Plan Amendments are compatible with community character and surrounding land uses. Regional and State Plans Section 163.3177(10) states in pertinent part: for the purpose of determining whether local comprehensive plans are consistent with the state comprehensive plan and the appropriate regional policy plan, a local plan shall be consistent with such plans if the local plan is "compatible with" and "furthers" such plans. The term "compatible with" means that the local plan is not in conflict with the state comprehensive plan or appropriate regional policy plan. The term "furthers" means to take action in the direction of realizing goals or policies of the state or regional plan. For the purposes of determining consistency of the local plan with the state comprehensive plan or the appropriate regional policy plan, the state or regional plan shall be construed as a whole and no specific goal and policy shall be construed or applied in isolation from the other goals and policies in the plans. Treasure Coast Strategic Regional Policy Plan (SRPP) In the Amended Petition, the Petitioners did not allege the Amendments are inconsistent with the SRPP, as a whole. Only allegations in the Amended Petition may be considered. See Conclusion 212, infra. Notwithstanding testimony from Petitioners’ TCRPC witness that the Plan Amendments were not consistent with some provisions of the SRPP, he did not testify that they were inconsistent with the SRPP as a whole. The Amendments further some parts of the SRPP. These include SRPP Goal 3.6 and SRPP Goal 3.7 of the Economic Development element, and their supporting strategies and policies. Petitioners' TCRPC witness testified there were five inconsistencies between the Amendments and the SRPP. However, he admitted that he did not recommend that TCRPC file formal objections to the Amendments with DCA on three grounds he cited for inconsistency at hearing --proximity to the Corbett WMA and other natural resources, the CRALLS designations, and proximity to the North County Airport. In discussing some provisions, this witness failed to give the SRPP its proper context. Many goals, strategies, and policies in the SRPP use directive verbs intended to be recommendations to a local government, not requirements. As one of his five grounds of inconsistency with the SRPP, Petitioners' TCRPC witness opined that Regional Goal 4.1 and its supporting measures require the County to prepare a regional plan before urban development may be allowed at Mecca, and to ensure such development meets the SRPP’s definition of a new town, village or city. However, this goal and its key provisions use the verb “should” and therefore are not mandates. Further, a plain reading of these provisions shows no requirement for the County to complete a regional plan as a pre-requisite for urban development. Also, the TCRPC witness opined that SRRP Policies 9.1.1.1 and 7.1.3.1 prohibit CRALLS designations outside urban areas. However, a plain reading of these policies shows no basis for such an assertion, and the witness later admitted the SRPP does not prohibit CRALLS designations in rural areas. Moreover, his testimony on this point was contradicted by his testimony that the SRPP is only “advisory.” State Comprehensive Plan The State Comprehensive Plan (SCP) is a very broad, direction-setting document. The SCP provides over-arching policy guidance, and does not impose or authorize the creation of regulatory authority. The Amended Petition alleged that the Amendments are inconsistent with the goals of the SCP regarding Land Use, Water Resources, Natural Systems and Recreational Lands, Transportation, and Urban and Downtown Revitalization, as well as numerous policies under these goals. Based on these allegations, Petitioners alleged that the Amendments are inconsistent with the SCP as a whole. To the contrary, the record evidence demonstrates that all relevant issues regarding water and other natural resources, land use, and transportation were taken into account by the County and are addressed in the Amendments. Additionally, the Amendments are consistent with and further numerous goals of the SCP not mentioned in the Amended Petition. The Amendments contain a commitment that each phase of development must contain affordable housing for very low, low, and moderate income households. This commitment furthers the SCP goal to “increase the affordability and availability of housing for low-income and moderate-income persons ” § 187.201(4), Fla. Stat. The Amendments have as their principal focus the creation of quality employment opportunities with Scripps Florida as anchor tenant. This purpose is consistent with and furthers the SCP policy to “[a]ttract new job-producing industries, corporate headquarters, distribution and service centers, regional offices, and research and development facilities to provide quality employment for the residents of Florida.” § 187.201(21)(b)(1), Fla. Stat. Summary Using the statutory definition of internal consistency, it is not beyond fair debate that the Plan Amendments are inconsistent with either the TCRPC's SRRP or the SCP.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that DCA enter a final order determining that the Plan Amendments are "in compliance." DONE AND ENTERED this 28th day of April, 2005, in Tallahassee, Leon County, Florida. S 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 28th day of April, 2005.
The Issue The issue is whether the City of Crestview's (City's) small-scale development amendment adopted by Ordinance No. 1370 on November 26, 2007, is in compliance.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Background B & H is a Florida corporation which owns and operates a number of concrete batch plants and a surveying and engineering company known as Integrated Engineering Solutions, LLC. The parties have stipulated that B & H is the owner of property within the City and submitted comments to the City in support of the change in the land use prior to the adoption of the plan amendment. As such, B & H is an affected person and has standing to participate in this matter. In 2005, B & H purchased a 75.56-acre tract of vacant, undeveloped land in the unincorporated part of Okaloosa County (County), just southwest of the City. The parcel is generally bounded on its northern side by Interstate 10 (I-10) and by a 150-foot wide Gulf Power Company easement on its southern boundary. All of the property carried a County land use designation of RR, which limits development to one residential unit per five acres. See Future Land Use Element (FLUE) Policy 10.1.e. (Petitioner's Exhibit A). After B & H purchased the property, it applied for development approval (including a land use change from RR to an industrial) from the County. In the face of substantial public opposition, and a negative staff recommendation, B & H withdrew its application during a County Planning Commission hearing on April 12, 2007. (The County staff noted that the property "is located in the immediate vicinity of . . . a residential subdivision"; that a wide range of industrial uses would be allowed on the property if it was changed to IN; that the requested action would have the effect of "spot zoning"; that there is no shortage of industrial-zoned lands in other areas of the County; and that "the requested action is not compatible with the proximate residential subdivision and does not result in an appropriate transition of uses, densities, and intensities as expressed in [FLUE] Policy 4.4.") Shortly thereafter, B & H filed a petition for voluntary annexation with the City. On August 27, 2007, the City annexed a 9.98-acre parcel of B & H's land lying in the eastern half of the larger parcel. (The remainder of the larger parcel remains in the County.) B & H then filed an application in the form of a small-scale development amendment seeking a change in the land use on the property from RR to IN. Because the size of the parcel was less than 10 acres, the change in land use was accomplished by this type of amendment, which is not reviewed by the Department of Community Affairs (Department). See § 163.3187(1)(c)1. and (3)(a), Fla. Stat. According to FLUE Policy 7.A.3.4.f. in the City's Plan, the IN category is designed to protect lands for production and distribution of goods and for other industrial activities. A wide range of industrial uses and commercial uses are allowed in this category. Specific uses include light and heavy manufacturing, assembly, training facilities, vehicle repair (including body work and painting), packaging, processing, wholesale business and warehousing, truck terminals, borrow pits, asphalt/concrete plants, heavy equipment sales, service and/or rentals, and other uses similar to those listed herein. Residential uses are prohibited except as an accessory to a permitted use. In addition to the application for a change in the FLUM, B & H submitted an application for site plan approval for a concrete batch plant to be located on the southern end of the subject property. This use would be consistent with the IN category. However, until this proceeding is concluded, the site plan will not be reviewed, modified, or approved by the City, and therefore any development provisions incorporated therein are not final. Further, the proposed use (a concrete batch plant) requires the issuance of a permit by the Department of Environmental Protection (DEP). On September 9, 2007, the City Planning Commission conducted a public hearing to consider the amendment and voted 4-1 to recommend approval of the application to the City Council. On October 8, 2007, a first reading of Ordinance No. 1370 implementing the amendment occurred at the City Council meeting. On October 22, 2007, a public hearing was held before the City Council. The City Council voted 3-2 to deny the amendment. On November 13, 2007, the City Council conducted another public hearing for the first reading of the amendment. On November 26, 2007, the City Council conducted a second public hearing on the amendment and adopted Ordinance No. 1370 enacting the amendment. (New zoning on the land will not be imposed until or unless the plan amendment here is found to be in compliance.) Although not subject to review by the Department, the following day the City sent a copy of the adopted Ordinance to the Department. On December 24, 2007, Petitioner, who resides in Antioch Estates, a nearby residential subdivision located within the City, filed her Petition with DOAH. On February 7, 2008, she moved to amend the Petition and authorization to do so was granted by Order dated February 8, 2008. In her Amended Petition, she generally contended that the amendment is not in compliance because it is internally inconsistent with other Plan provisions in several respects; the amendment is not supported by adequate data and analysis; the property being reclassified is greater than 10 acres in size and therefore cannot qualify as a small-scale development amendment; the City did not analyze the financial feasibility of the amendment; and the City failed to conduct the necessary intergovernmental coordination and review. The parties have stipulated that Petitioner resides within the City and offered comments in opposition to the amendment prior to its adoption. As such, she is an affected person and has standing to challenge the amendment. At the hearing, Petitioner, who is a planner for the City of Destin but resides in Crestview, acknowledged that before she filed her initial Petition, her husband was contacted by a representative of Couch Ready Mix USA (Couch), a non-party who operates a concrete batch plant 0.8 miles southeast of Antioch Estates on Old Antioch Road, and with whom B & H would compete if the application is approved and a new concrete batch plant constructed on the site. However, Petitioner stated that she would have filed a petition even if her husband had not been contacted by Couch. Even so, it is fair to infer from the evidence that funding for Petitioner's counsel and two experts was provided by Couch. The Subject Property The subject property is a 9.98-acre parcel bordered on the north by I-10 and on the east, west, and south by property owned by B & H, all of which is designated RR and zoned Agricultural. Directly to the east of the larger B & H parcel is a 70-foot strip of vacant land owned by Rhett Enzor, a non- party whose land stretches from I-10 southward to the Gulf Power easement. The Enzor property also carries a RR land use designation and Agricultural zoning. Besides the 70-foot strip on the eastern side, Mr. Enzor owns the other property that surrounds the larger parcel to the south and west; however, the extent of that property is not of record. Just to the east-northeast and adjacent to the Enzor property is a residential subdivision (Antioch Estates) comprised of around 125 homes. The subdivision is divided into two sections - the larger section lying north of I-10 and the smaller section located just south of I-10. It is unclear whether the entire subdivision has 125 units, or if the southern portion alone has that number. In any event, Petitioner and members of the public who offered comments at the hearing reside in the southern portion of the subdivision and oppose the application. At its closest point, the western boundary of the subdivision (particularly lots 51-55) appears to be slightly more than 600 feet from the 9.98-acre parcel, but no more than 70 feet or so from the eastern boundary of the larger parcel. The distance to the proposed concrete batch plant, which will lie in the south-southwest end of the subject property, is slightly less than one-quarter mile. An elementary school (Antioch Elementary School) with an enrollment of around 800 students and 100 staff, built sometime after 1996, is located just east of Antioch Estates. A former borrow pit, Blocker Pit, lies south of the subdivision, while an active borrow pit, Garret Pit, lies around one-half mile or so southeast of the subdivision. Antioch Estates is classified by the City as Low Density Residential (LDR), while the school is in the Public Use land use category. Under FLUE Policy 7.A.3.4.a., the LDR category "is limited to residential uses, customary accessory uses, recreation uses, churches and places of worship and planned unit developments. Non-profit and civic organizations may be permitted by special exception. This category is intended for single family homes which may be developed with up to six (6) units per gross acre." Antioch Road appears to be a major arterial road running in a northwest-southeast direction (crossing over or under I-10) just east of the elementary school. (Less than a mile southeast of the school, Antioch Road becomes P.J. Adams Parkway.) All vehicles wishing to access the school, Antioch Estates, or the 9.98-parcel (as well as the larger B & H parcel) must do so by turning off of Antioch Road onto Garret Pit Road, a County-maintained road which intersects with Antioch Road just south of I-10. Within a short distance, Garret Pit Road intersects with Whitehurst Lane, a paved road which runs in a northwest direction from Garret Pit Road to the school and eventually makes a loop in the subdivision. At the Whitehurst Lane intersection, Garret Pit Road turns into a dirt road. Vehicles traveling to B & H's property continue south on Garret Pit Road for 300 feet or so until it intersects with Point Center Road, a privately-owned, unplatted and undedicated dirt road which runs directly west from Garrett Pit Road (and roughly parallel to I-10) through the Enzor strip and into the eastern side of the B & H property. From there, it appears that vehicles would turn south for a short distance on Borrow Pit Road (also referred to as Barrow Pit Road on certain map exhibits), another dirt road which eventually turns westward when it reaches the southern boundary of B & H property. The 9.98-acre parcel is around 66 feet north of Borrow Point Road. According to a B & H witness, Point Center Road and Borrow Pit Road are not actually roads, but are more akin to dirt trails which trucks now use to reach the excavating and land fill sites. Finally, Point Center Road passes approximately 140 feet south of, and parallel to, the southern boundary of Antioch Estates. When the subject property was annexed into the City, it retained the County FLUM designation of RR and zoning of Agricultural. The FLUM and zoning designations are retained until a plan amendment and rezoning is approved by the City. Under the County's Plan, residential uses in RR must not exceed one unit per five acres. There is currently an inactive borrow pit (covering around six acres) on the southern part of the 9.98-acre parcel, which extends westward into the larger parcel. B & H says it has no intention of resuming this operation. A small storage facility with "manholes," "pipe," and other "equipment" sits on the southwestern corner of the property, while a small wetlands area of less than an acre occupies the northwestern corner. To the west of the subject parcel on the northwestern corner of the larger parcel is an active, permitted 7.5-acre Construction & Demolition (C & D) landfill. There is some ambiguity in the testimony over the actual size of the landfill; however, in DEP's letter of intent dated March 17, 2006, which transferred Permit No. 0002800-002-SO from the original owner (Point Center, Inc.) to B & H, it stated that B & H is authorized to operate a 7.5-acre disposal unit until March 17, 2010. See Petitioner's Exhibit B. Although the useful life of the existing C & D landfill will eventually run out, at the hearing B & H's Project Manager stated that the company has an application pending with DEP to expand the landfill. The status of that matter is unknown. Expansion of a non-conforming land use, however, may be problematic. See Finding of Fact 21, infra. Besides the active C & D landfill, B & H is also periodically retrieving fill dirt from the larger parcel for site work operations, using up to 30 dump trucks for this work. According to a witness, the larger parcel still has around 3,000,000 cubic yards of usable dirt. Whether B & H is authorized to conduct borrow pit operations on the larger parcel is not of record. More than likely, once the landfill is used up (or no later than March 2010 when the permit expires unless it is renewed), the non-conforming use will have run its course, and the RR designation will apply to all future activities on the larger parcel. Although the entire B & H parcel was classified as RR, the borrow pit and C & D landfill are non-conforming uses under the County's Plan, presumably having been in existence before the County's Plan was adopted. A non-conforming use is one where the actual use of the property is not consistent with the future land use of the comprehensive plan or not consistent with the zoning of the property. There are very strict parameters as to whether or not you can change or modify a non-conforming use. Normally, changes to non-conforming uses are not allowed. A non-conforming use can not be expanded. B & H has acknowledged that it intends to seek annexation of the entire larger parcel into the City. With the exception of the C & D landfill, it is also planning to request a FLUM amendment from RR to IN for the remainder of the larger parcel. Thus, if the instant application is approved, it is fair to say that this action will be the forerunner of an effort to reclassify the entire 75.56 acres (except the 7.5-acre landfill) as industrial property, leaving only the 70-foot strip of Enzor property as a RR buffer between the industrial land and the subdivision. Petitioner's Objections Ten-Acre Maximum Petitioner's first objection is that the amendment does not meet the statutory criteria for a small-scale development amendment because the use involves more than 10 acres. See § 163.3187(1)(c)1., Fla. Stat. ("[t]he proposed amendment [must involve] a use of 10 acres or fewer"). Petitioner argues that parcel size is not the only determinant of what must be included in the amendment, and that any acreage that is integral to the design and operation of the proposed use is considered in determining whether the small scale development amendment criteria are met. Petitioner argues that B & H failed to include in the amendment all acreage that is integral to the design and operation of the proposed use. It is undisputed that the subject parcel is 9.98 acres, as determined by Kermit George, who sealed the property's survey for B & H, and as confirmed by City employee Teresa Gaillard by using the Autocad software program. Relying primarily upon site plans for the concrete batch plant filed by B & H with the City, however, Petitioner contends that the acreage (.0604 acres) related to a 66-foot driveway which will access the south side of the property from Borrow Pit Road, the acreage (1.607 acres) related to the use of Borrow Pit Road after turning off of Point Center Road, the acreage (.052 acres) for an easement necessary to run a County water line from B & H's southern property line to the smaller parcel, and the 150-foot buffer on the east side of the site (which will be required by the City when or if a concrete batch plant is permitted and built) must be included in the total amount of acreage. Excluding the buffer, Petitioner has calculated this additional land to total 1.7194 acres. Petitioner argues that even if only one of the above items is included, it would cause the size of the amendment to exceed ten acres and lose its status as a small-scale development amendment. It is fair to infer from the evidence that the dirt trail that makes up Borrow Pit Road, as well as the 66-foot trail from Borrow Pit Road to the subject property, are already being used by B & H trucks or other vehicles to access the landfill and borrow pit area. Therefore, this "infrastructure" will be used for other purposes, irrespective of whether development on the 9.98-acre parcel occurs. At the same time, the City's planning expert noted that good planning practices do not require that the land necessary to access a parcel with roads or utilities, and off-site buffering, be included in calculating whether the "use" of the parcel exceeds 10 acres. Except as to the buffering issue, this interpretation of the statutory language is more logical and reasonable than Petitioner's approach and is hereby accepted. Compare Parker v. St. Johns County et al., DOAH Case No. 02-2658, 2003 Fla. ENV LEXIS 34 at *12 (DOAH Dec. 17, 2002, DCA Feb. 27, 2003)("[i]t would be unreasonable to construe Section 163.3187(1)(c)1., Florida Statutes, as requiring local governments and applicants to calculate pro rata share impacts of off-site utilities, determine proportionate acreage based on those impacts, and apply those figures to the small scale acreage calculations"). The issue of whether the acreage related to the off- site buffering should be included as a use is not so clear cut. The City Land Development Code (LDC) requires that there be appropriate buffering between industrial and residential land uses. While the pertinent portion of the LDC is not of record, the evidence submitted by B & H and the City shows that an approximate 150-foot buffer will be necessary on the eastern side of the parcel. A City witness testified that the buffering "would normally take place upon the property being developed." However, because the use will occur in an existing borrow pit (which is 20 feet below the surface of the adjacent land), the City concluded that it would be more appropriate to place any required vegetative buffer and fencing off-site on the edge of the larger parcel, also owned by B & H. The buffering is an integral part of the project being placed on the parcel. In other words, the plant cannot be built without the required buffering. Therefore, the land on which the buffer and fence will be placed should be included as an integral part of the property's use. Compare St. George Plantation Owners' Association, Inc. v. Franklin County et al., DOAH Case No. 96- 5124GM, 1997 Fla. ENV LEXIS 37 at *18-20 (DOAH Feb. 16, 1997, Admin. Comm. Mar. 25, 1997) where three off-site absorption beds required to serve a wastewater treatment plant were considered an integral part of the facility, thereby increasing the size of the amendment's "use" from 9.6 to 14.6 acres. By adding the acreage for the 150-foot off-site buffer and fencing to the 9.98 acres, the use of the property that is the subject of the amendment clearly involves more than 10 acres and cannot qualify as a small-scale development amendment. Data and Analysis Petitioner also objects to the amendment as not being supported by relevant and appropriate data and analysis, as required by Section 163.3177(8) and (10)(e), Florida Statutes, and Florida Administrative Code Rule 9J-5.005(2). Paragraph (2)(a) of the rule requires that "plan amendments . . . shall be based upon relevant and appropriate data and the analyses applicable to each element." To be based on data "means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of the adoption of the . . . plan amendment at issue." Id. Petitioner points out that B & H has acknowledged (by way of answers to Requests for Admissions and stipulated facts in its Motion in Limine) that it did not present to the City any studies or data related to noise, traffic, property values, air pollution, or protected natural resources that may be impacted by, or attributable to, a concrete batch plant being placed on the subject property. She also argues that to the extent an analysis was made in the City's staff report (as to infrastructure demands, protection of wetlands and natural resources, traffic, financial feasibility, and compatibility), it was based on incorrect data or was otherwise insufficient. The City's planning consultant prepared the staff report for the City, which summarizes the data and analysis supporting the amendment. See § 1, Joint Exhibit E, which is a six and one-half page staff report. The analysis was performed on the premise that a concrete batch plant would be located on the subject property. The staff report indicates that "[t]he purpose of the amendment is to provide for the development of a concrete batch plant." See page 1, § 1, Joint Exhibit E. The staff report contains in summary form the data and analysis supporting the amendment. Section 1 reflects that the City relied upon (a) FLUM map sheet 7-5, which indicated that all adjacent lands except I-10 on the north side are in the RR land use category while lands in the vicinity are classified as LDR, MDR, Conservation, Public Lands, Industrial, and Commercial; (b) data reflecting that the existing use of land on the subject property is vacant and undeveloped; the larger B & H parcel contains a C & D landfill and is otherwise vacant; adjacent properties include numerous single-family homes and subdivisions, existing and planned multi-family projects, planned commercial uses, and a school; and wetlands are located in the northwest corner of the subject property; (c) data showing that the type of development on the property will be a concrete batch plant; (d) data showing that the amendment will "result in a significant decrease in potential demands on all City infrastructure systems" (potable water, sewer, solid waste, recreation/open space, drainage, and traffic) because it will eliminate potential future demands for residential units that would otherwise be allowed on the RR property; (e) data reflecting that the change in land use is compatible and suitable with adjacent lands because the proposed facility is "not adjacent to any homes, schools or other similar uses," and the adjacent properties are owned by B & H; (f) data showing that the site is generally level with an average elevation of 100 feet; (g) data in the Soil Survey of Okaloosa County, Florida indicating that the soil "is suited for the planned use and development of the subject property"; (h) data reflecting that there is "a small area with wetland soils" in the northwest corner of the property which will not be developed; and (i) data indicating that there are no historic and archeological resources on the property. The consultant also reviewed the current Plan to determine if the plan amendment was consistent with all relevant provisions and concluded that the "amendment is consistent with and furthers the adopted Comprehensive Plan." He added that at the same time the small-scale amendment was being considered, the City was also considering a set of large-scale amendments to its Plan (presumably to the FLUM), and the data and analysis used for those amendments provide further support for the amendment being challenged. However, the nature of the large- scale amendments, and their underlying data and analysis, are not of record or otherwise identified. Finally, the City did not perform a concurrency analysis since it says that the Department no longer requires one at the amendment stage and instead defers that task until the development process begins. Whether the City specifically considered the concerns noted in the County's staff report recommending a denial of the land use change is not clear. However, the staff report discounted the notion that the amendment would encourage urban sprawl (or "spot zoning" in the words of the County staff report) since it promotes urban infill development. In response to a criticism by Petitioner, at hearing the City's consultant utilized further data from City sources, presumably available at the time the amendment was adopted, which indicate that the total available capacity for new customer usage from the City's water system is 3.2 million gallons per day, or far more than is necessary to meet the water requirements related to the proposed industrial usage. Without providing specifics, the consultant also opined that if the County is called upon to provide water to the site, as B & H now intends, it likewise has sufficient capacity to do so. In analyzing the impacts on infrastructure, the City assumed that a change from RR to IN, and the placement of a concrete batch plant on the property, would "result in a significant decrease in potential demands on all City infrastructure systems." The more persuasive evidence shows, however, that when comparing the new traffic that would be generated by potential residential units on the property versus a concrete batch plan, the latter would probably generate an increase of at least 110 vehicle trips per day, most by heavy trucks, which is more than five times the number of trips used in the City's analysis. In contrast, the staff report stated that the projected demands from development of the plant "[i]n theory, [could result in] up to 20 trucks trips per day" but this high a number was "not likely." In this respect, the data being used and analyzed were not correct or were incomplete, and the City's assumptions drawn from that data were flawed. Thus, as to these impacts, the amendment is not supported by adequate data and analysis. Although the staff report also failed to reflect the increased water usage that would be generated by the concrete batch plant, at hearing the City relied upon available data to show that both the City and County had sufficient capacity to provide water service for the plant. To a certain degree, compatibility and suitability overlap one another. "Compatibility" is defined in Florida Administrative Code Rule 9J-5.003(23) as "a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition." This criterion is used to evaluate whether the proposed industrial land use is compatible with the uses on nearby or adjacent properties. On the other hand, subsection (128) of the rule defines "suitability" as "the degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development." This criterion requires a determination of whether the industrial land use category is suitable in this particular area, given the existing characteristics of the land. After reviewing and analyzing data on the issue of suitability and compatibility, the City concluded that because B & H owned all the lands around the site (except on the northern boundary which adjoined I-10), "adverse issues [not otherwise identified in the report] associated with compatibility should be minimized." To further support its finding of suitability and compatibility, the report went on to state that the subject property "is not adjacent to any homes, schools or other similar uses." While the data used by the City (such as the FLUM map) were adequate, the City did not react to it in an appropriate manner. The City is correct in concluding that a change to an industrial land use category may be suitable on land where a non-conforming borrow pit already exists. However, because the proposed industrial use is in "relative proximity" to rural residential land on three of its sides, a large residential subdivision that begins no more than 200 yards away, an access road used by numerous heavy trucks which lies only 140 feet south of the subdivision, and a single outlet for all traffic exiting the subdivision, school, and B & H property, it is fair to infer that there will be a direct or indirect negative impact on those adjacent or nearby uses in contravention of Florida Administrative Code Rule 9J-5.003(123). In this respect, the amendment is not supported by adequate data and analysis. The City's recognition of the wetlands area on the subject property, and its finding in the report that such lands would be protected if development occurs, constitutes sufficient data and analysis and appropriate reaction thereto to satisfy the statute and rule. Petitioner also contends there was no analysis related to the fact that Point Center Road, the private road used to access the parcel, crosses wetlands "at the bottom of the hills," and the wetlands will be impacted by the change. As pointed out at hearing, however, the road has been there "forever," and filling of the adjacent wetlands occurred many years ago, or long before B & H acquired the property. Other than paving the road if the land change is approved, no other "filling" will occur, and the City's assessment of this matter was sufficient. All other contentions by Petitioner regarding the lack of sufficient data and analysis to support the amendment have been considered and rejected. Financial Feasibility Section 163.3177(2), Florida Statutes, requires that "the comprehensive plan shall be financially feasible." Relying upon this statute, Petitioner contends that the City failed to analyze whether the amendment was financially feasible. According to Petitioner's expert, when a FLUM change is made, a financial feasibility analysis must be made, which requires that the local government make a facility-based analysis to demonstrate whether the local government has sufficient capacity for the change. Specifically, she argues that there is no commitment from the County to provide water, and that the City did not analyze whether the City or County has the capacity to provide sufficient water to serve a concrete batch plant. Although the staff report addresses this issue in summary fashion and without specifics, at hearing the City's planning consultant testified, without contradiction, that the total available capacity from the City's water system is 3.2 million gallons per day, or far more than is necessary to meet the potential water requirements of a concrete batch plant on the site. He also opined, without contradiction, that if the County is called upon to provide the water, it likewise has sufficient capacity to do so. Based upon this analysis of available data, it is found that financial feasibility was adequately addressed by the city. Intergovernmental Coordination Petitioner next contends that the City did not evaluate and coordinate the amendment with the County, as required by Section 163.3177(4)(a), Florida Statutes, Florida Administrative Code Rule 9J-5.015, and the Intergovernmental Coordination Element (ICE) of the City's Plan. The statute provides in part that "[c]oordination of the local comprehensive plan with the comprehensive plans of . . . the county . . . shall be a major objective of the comprehensive planning process." The two most relevant provisions in the Plan on this subject, both very general in nature, are ICE Goal 13.A., which states that a goal of the Plan is to "[p]rovide coordination of this plan (ordinance) with Okaloosa County, other local governments (as appropriate) and other governmental agencies providing services within the City[,]" and ICE Objective 13.A.1., which provides that the City shall "review, on an annual basis, actions that have taken place to coordinate the Comprehensive Plan of Crestview with the Plans of other units of government and the Okaloosa County School Board." Although the County was given constructive notice of B & H's annexation request through the publication of a notice in a local newspaper on July 7, 2007, there is no evidence that the County was given specific notice that an application for a change in the FLUM had been filed by B & H and was being processed by the City, or that the County was afforded an opportunity to provide input into that process, if it chose to do so. Given the unique circumstances here, coordination is especially important since the subject property is surrounded on three sides by County land designated as RR with Agricultural zoning, the requested change would create a small industrial pocket in the middle of County RR land, and the County staff had just prepared a report recommending denial of the same change before the City annexed the property. While the cited statute, rule, and Plan provisions clearly do not contemplate that adjacent local governments have veto power over the City's ability to enact plan amendments, or that the City is required to accept alternative suggestions proposed by other entities, at a minimum they contemplate that notice of changes be given to adjacent local governments, and that those local governments be afforded the right to offer input, if any, prior to consideration of the amendment. See, e.g., City of West Palm Beach et al. v. Department of Community Affairs et al., DOAH Case Nos. 04-4336GM, 04-4337GM, and 04-4650GM, 2005 Fla. ENV LEXIS 192 at *34-35 (DOAH July 18, 2005, DCA Oct. 21, 2005). Because there was no coordination here, even minimal, the adoption of the plan amendment contravened the cited statute, rule, and ICE Goal 13.A. Internal Consistency Petitioner next argues that, contrary to the requirement in Section 163.3187(2), Florida Statutes, that there be "internal consistency" within a plan, the amendment is inconsistent with the Plan in the following respects: quality of life (Legal Element Section 1.04); compatibility (FLUE Policy 7.A.1.2.c.); school siting (FLUE Policy 7.A.9.1.); and wetlands impacts (Conservation Element Goal 11.A and Objective 11.A.2.). Petitioner first contends that the amendment is inconsistent with the stated general intent and purpose of the Plan, which is found in Section 1.04 of the Plan's Legal Element. That Element contains a "whereas" clause, the Plan's title, jurisdiction for adopting the Plan, the City Council's intent in adopting the Plan, and its effective date. The Element indicates that it is intended to implement Florida Administrative Code Rule 9J-5.001, which sets forth the broad purposes of Florida Administrative Code Rule Chapter 9J-5. Section 1.04 provides in relevant part that the Plan is intended to "maintain and improve the quality of life for all citizens of the City" and to protect and promote the "public health, safety and general welfare of its citizens." This salutary language is so broad and aspirational in nature that the undersigned does not construe it, or other provisions in the Legal Element, as an appropriate basis for finding an amendment not in compliance. Petitioner's argument is accordingly rejected. Petitioner also argues that the amendment is inconsistent with the Plan's requirement that compatibility of adjacent land uses be ensured. FLUE Policy 7.A.1.2.c. appears to be the only Plan provision specifically dealing with this issue and it provides that the LDC shall contain detailed provisions to "ensure compatibility of adjacent land uses." B & H and the City take the position that during the zoning and development phase of the process (rather than during the plan amendment stage) the LDC would be used to ensure compatibility, as required by the Plan. However, the issue of compatibility was analyzed by the City and presented to the City Council, and the staff report contains an entire section on compatibility and suitability. See Finding of Fact 30, supra; § 1, pages 3-4, Joint Exhibit E. Therefore, it is appropriate to consider at the plan amendment stage whether the change in land use is compatible with adjacent or nearby properties. As noted earlier, Antioch Estates is a low-density residential subdivision directly to the east of the B & H parcel. At its closest point, the subject property is around 200 yards from the subdivision. The distance from the subdivision to the proposed concrete batch plant is less than a quarter-mile. At the same time, the road over which the heavy trucks will travel to and from the industrial site is no more than 140 feet south of the southern boundary of the subdivision, and the connecting road eventually terminates at an outlet onto Antioch Road shared by traffic from the subdivision and school. Finally, B & H acknowledges that the proposed change here is a precursor to a request for annexation of the larger parcel into the City and a change in the land use on the larger parcel (except for the land fill) to industrial. This would leave the Enzor property (which is only 70 feet wide) as the sole remaining RR buffer with Antioch Estates. Given these considerations, the change in land use will not "[e]nsure compatibility of adjacent land uses," as required by FLUE Policy 7.A.1.2. Finally, Petitioner contends that the amendment is inconsistent with FLUE Policy 7.A.9.1.1., which provides that a "proposed school location shall be compatible with existing and projected uses of adjacent property." (Emphasis added). Since the Antioch Elementary School already exists, it appears that this provision has no application. For the same reason, Petitioner's contention that the amendment contravenes Section 1013.36(3), Florida Statutes, is also rejected. That statute requires that a new school should not be sited adjacent to factories or other properties from which noise, odors, or other disturbances would be likely to interfere with the educational program. While compatibility issues with existing schools are relevant when a map change is being made, they can only be considered in the context of Plan provisions which directly apply to those issues. Summary In summary, because the amendment involves a use of more than 10 acres, it does not meet the criteria in Section 163.3187(1)(c)1., Florida Statutes; the amendment is not supported by adequate data and analysis with respect to impacts on infrastructure (traffic) and compatibility; the amendment contravenes the statutory, rule, and Plan requirement that it be coordinated with other local governments; and it is internally inconsistent with FLUE Policy 7.A.1.2.c., which requires compatibility of adjacent uses. All other contentions raised by Petitioner have been considered and rejected.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administration Commission enter a final order determining that the small-scale development amendment adopted by the City by Ordinance No. 1370 on November 26, 2007, is not in compliance. DONE AND ENTERED this 21st day of April, 2008, in Tallahassee, Leon County, Florida. S DONALD R. ALEXANDER 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 21st day of April, 2008.
