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 Whether an amendment to the Broward County Comprehensive Plan, PC-93-12, adopted by Ordinance 93-42, renders the Broward County Comprehensive Plan not "in compliance" within the meaning of Section 163.3184(1)(b), Florida Statutes (1993)
Findings Of Fact The Parties. Petitioner, Francis C. Nipe, is an individual who resides and owns real property located in Broward County, Florida. Ms. Nipe presented oral and written comments to Broward County concerning the plan amendment which is the subject of this proceeding. Respondent, Broward County (hereinafter referred to as the "County"), is a political subdivision of the State of Florida. The County is a local government charged with responsibility by Part II of Chapter 163, Florida Statutes, the "Local Government Comprehensive Planning and Land Development Regulation Act" (hereinafter referred to as the "Act"), and the Broward County Charter for developing a comprehensive plan for future development in the unincorporated areas of the County. The County is also responsible for amendments to the comprehensive plan. Respondent, Department of Community Affairs (hereinafter referred to as the "Department"), is an agency of the State of Florida. The Department is charged by the Act with responsibility for, among other things, the review of comprehensive growth management plans and amendments thereto. Intervenor, Michael Swerdlow Companies, Inc., is a corporation with its principal place of business located in the County. Intervenor, Michael Swerdlow, Trustee, also has his principal place of business located in the County and is the contract purchaser of the property which is the subject of the amendment at issue. Michael Swerdlow Companies, Inc., submitted oral and written comments to the County concerning the subject amendment during the amendment process. (Michael Swerdlow Companies, Inc., and Michael Swerdlow, Trustee, will hereinafter be jointly referred to as "Swerdlow"). Intervenor, VST/VMIF Oakridge Partnership (hereinafter referred to as "VST"), owns the real property which is the subject of the amendment at issue in this proceeding. VST submitted written comments during the amendment process. Michael Swerdlow Companies, Inc., as agent for Michael Swerdlow, Trustee, and VST, was the applicant for the amendment at issue in this proceeding. General Description of the County. The County is generally a rectangular-shaped geographic area located in southeastern Florida. The County is bounded on the east by the Atlantic Ocean, on the south by Dade County, on the west by Collier and Hendry Counties and on the north by Palm Beach County. The County's Comprehensive Plan. The County adopted a comprehensive plan in compliance with the Act on March 1, 1989 (hereinafter referred to as the "County Plan"). Volume 1 of the County Plan consists of the Broward County Land Use Plan (hereinafter referred to as the "Land Use Plan"). The Land Use Plan applies throughout the County. Broward County composite exhibit 1. Volume 2 of the County Plan contains the other elements required by the Act. Some of the elements of Volume 2 apply throughout the County and some apply only to unincorporated areas or areas in which the County provides services. Volume 3 of the County Plan consists of supporting documents for the Land Use Plan. Broward County composite exhibit 1. The County Plan includes a 1989 Future Broward County Land Use Plan Map Series (hereinafter referred to as the "FLUM"), which is a part of the Land Use Plan. Broward County exhibit 6. The Land Use Plan establishes several categories of land uses. The future land use categories established are: Residential: A number of uses are allowed within areas designated "residential." The following subcategories, based upon dwelling densities, are established: Estate (1) Residential. Low (2) Residential. Low (3) Residential. Low (5) Residential. Low-Medium (10) Residential. Medium (16) Residential. Medium-High (25) Residential. High (50) Residential. Other subcategories of residential property include: Rural Estates. Rural Rances. Commercial. Office Park. Commercial Recreation. Industrial. Employment Center. Recreation and Open Space. Conservation. Agricultural. Community Facilities. Transportation. Utilities. Regional Activity Centers. Mining. The FLUM depicts the proposed distribution, extent and location of land use designations for the County. The County Plan creates the Broward County Planning Council (hereinafter referred to as the "Planning Council"), as an advisory body to the County Commission. Initial Consideration of the Subject Amendment. The County received a request to amend the County Plan by changing the land use designation of approximately 143 acres of real property from Low-Medium (10), Commercial Recreation and Irregular (6) Residential to primarily Low (5) Residential. In June of 1993 the area included in the application was reduced from 143 acres to 109 acres. The 109 acres are classified as Commercial Recreation. On July 7, 1993, it was requested that the land use designation of the 109 acres being sought by the applicant be reduced to Low (3) Residential. The County approved the request to change the land use designation of the 109 acres of Commercial Recreation to Low (3) Residential (hereinafter referred to as the "Amendment"), and transmitted the Amendment to the Department for review. The Department's Initial Review of the Subject Amendment. The Department reviewed the Amendment and prepared its Objections, Recommendations and Comments report (hereinafter referred to as the "ORC"), dated September 24, 1993. Comments of various entities were considered by the Department during its review. The Department raised two objections to the Amendment in the ORC. One objection was that the County had not provided peak hour analysis of traffic conditions impacted by the Amendment both before and after the Amendment. The Department's objection concerning traffic conditions was based upon comments from the Florida Department of Transportation (hereinafter referred to as "DOT"). DOT had requested that a P.M. peak-hour traffic analysis be provided for roads serving the property which is the subject of the Amendment. The Department also objected to the Amendment because the County had failed to provide adequate data and analysis demonstrating a need for increased residential density to accommodate the projected population. The County's Response to the ORC and Approval of the Amendment. On October 28, 1993, the Planning Council recommended approval and adoption of the Amendment, as modified. On November 10, 1993, the Board of County Commissioners of the County adopted Ordinance 93-42. Included in Ordinance 93-42 were a number of amendments to the County Plan, including the Amendment, PC-93-12. Pursuant to the Amendment, the land use designation of approximately 109 acres of real property, was amended from Commercial Recreation to Low (3) Residential. In response to the ORC, the County informed the Department that a P.M. peak-hour traffic analysis was not required for the Amendment because the Traffic Circulation Element of the County Plan is based upon an analysis of average daily trips. The method utilized in the County Plan utilizes average daily traffic in the calculation of levels of service for affected roadways. In response to the Department's objection concerning the need for additional residential property, the County reported that the Amendment property is located in the southeast sector of the County and that the southeast sector is generally built out. The Department was also informed that facilities and services in the Southeast sector are in place. The County also took the position that the Amendment constitutes "infill" development. Finally, the County pointed out to the Department that the number of dwelling units permitted by the Land Use Plan for the southeast sector have been reduced by over 2,124 units through amendments to the County Plan. The County also informed the Department that revised population figures suggest an additional increase in population for the southeast sector of 1, 327. Therefore, there will be no increase in total projected residential units in the southeast sector as a result of the Amendment. Final Department Review. The Department discussed the County's response concerning traffic projections with DOT. DOT withdrew its objection and the Department accepted the County's explanation. The Department considered and accepted the County's response to the objections contained in the ORC concerning the adequacy of data and analysis to support an increase in residential property. The Department determined that the additional data and analysis were adequate. The suggestion that the Amendment constitutes "in fill" was not part of the reason the Department accepted the County's explanation for why an increase in residential property was being approved. On January 4, 1994 the Department entered a Notice of Intent to find the Amendment in compliance. Ms. Nipe's Challenge to the Amendment. On or about March 11, 1994, Ms. Nipe filed a Petition for Formal Administrative Hearing of Frances Nipe with the Department challenging the Amendment. In the petition, Ms. Nipe alleged that the Amendment is not "in compliance" for essentially the following reasons: The "residential density has not sufficiently been supported by data and analysis that the increase in residential density is necessary to accommodate the projected population." In support of this argument, Ms. Nipe cited Rules 9J-5.006(2)(a) and (c), Florida Administrative Code, and Rules 9J- 11.006(1)(b)4. and (3) [incorrectly cited as 9J-11.00.006(1)(b)4. and (3)], Florida Administrative Code. The Amendment is inconsistent with Broward County Land Use Plan - Chapter 5, Section B, Commercial Recreation Use, 2., . . ." and will have a detrimental impact upon tourism development in the County. The Amendment will further degrade the level of educational services. The Amendment will "place additional trips on existing over capacity roads." The rationale of the applicant for the Amendment is inadequate in that the subject property "contains sufficient acreage that a redesigned golf course would meet USGA Standards as well as accommodate some residential development" and "[n]eighbors and Patrons are not Golf Professionals and don't care if the course meets USGA Standards to the Letter." The Amendment is "highly insensitive to the natural oak hammock areas on the subject property " The Amendment is inconsistent with Objective 02.03.00, Goal 03.00.00, Objective 03.03.00 and Policy 03.03.00 "in that it contradicts the Tourism development policies and undermines the Commercial Recreation Land Use designation." Ms. Nipe also suggested in her petition that the Amendment is inconsistent with the City of Hollywood Comprehensive Plan. I. The Subject Property. The property which is the subject of the Amendment (hereinafter referred to as the "Property"), consists of 109 acres of real property located in the City of Hollywood, a city located in the County. The Property is located in the southeast section of the County. The Property is located east of Southwest 35th Terrace, south of Griffin Road, west of Southwest 31st Avenue and north of Stirling Road. The Property, and the property of which it is a part, is currently being used as a golf course. The golf course is named Oakridge Golf Course. Oakridge Golf Course is an eighteen hole course. Most, but not all, of the eighteen holes are located on the Property. The land use designation of twenty-nine acres of the parcel of property of which the Property is a part has been changed from Commercial Recreation to Commercial. The amendment changing the designation was adopted September 14, 1992 and has become final. The twenty-nine acres of commercial property include portions of four of the holes of Oakridge Golf Course. Oakridge Golf Course is the closest golf course to downtown Fort Lauderdale, a city located in the County; the Fort Lauderdale/Hollywood International Airport; the Broward County Convention Center; Port Everglades, a port used by cruise ships; and several large hotels located in the eastern part of the County. Compliance with the City of Hollywood Comprehensive Plan. The City of Hollywood approved a Land Use Plan Amendment for the Property changing the land use designation of the Property to Low (3) Residential. The City's amendment has become final. The evidence failed to prove that the Amendment is inconsistent with the City of Hollywood Comprehensive Plan. Data and Analysis to Support an Increase in Residential Property. The Land Use Plan includes the following Goal and Objective concerning residential use of property in the County: GOAL 01.00.00 PROVIDE RESIDENTIAL AREAS WITH A VARIETY OF HOUSING TYPES AND DENSITIES OFFERING CONVENIENT AND AFFORDABLE HOUSING OPPORTUNITIES TO ALL SEGMENTS OF BROWARD COUNTY'S POPULATION WHILE MAINTAINING A DESIRED QUALITY OF LIFE AND ADEQUATE PUBLIC SERVICES AND FACILITIES. OBJECTIVE 01.01.00 RESIDENTIAL DENSITIES AND PERMITTED USES IN RESIDENTIAL AREAS. Accommodate the projected population of Broward County by providing adequate areas on the Future Broward County Land Use Plan Map (Series) intended primarily for residential development, but which also permit those non-residential uses that are compatible with and necessary to support residential neighborhoods. The Low (3) Residential land use designation is defined by the County Plan as permitting "up to three (3) dwelling units per gross acre." Page IV-23, Volume one, BC exhibit 1. There has been a decrease of 2,214 dwelling units in the southeast sector of the County while the County's projected population increase has been increased by 1,327 people. The evidence failed to prove that consideration of population needs of the southeast sector of the County is unreasonable or inappropriate. The evidence also failed to prove that consideration of the need for residential property by sectors is inconsistent with the County Plan or otherwise is unreasonable. The City of Hollywood currently has sufficient land for approximately six thousand housing units. The evidence, however, failed to prove that all of the land can be utilized to meet future housing needs. As stated by Robert L. Davis, the Director of Community Planning and Development of the City of Hollywood, "[i]t really to be perfectly understood you need to explore the locational aspects of where that area is, how large an area it is and what inducement it would have to really encourage the kind of investment we think is necessary." Pages 276-277 of the transcript of the final hearing. Ms. Nipe failed to present evidence to prove that the information submitted to the Department in response to the ORC as Attachment 8 to the Staff Report was inadequate to support the County's suggestion that the increase in residential property is necessary to accommodate projected population for the County. Ms. Nipe also failed to present evidence to refute the methodologies used by the County and accepted by the Department. Commercial Recreation Requirements of the Plan. The "Plan Implementation Requirements" of the Land Use Plan provides the following concerning the Commercial Recreation land use designation: Commercial Recreation areas are designated on the Future Broward County Land Plan Map (Series), consistent with Objective 02.03.00, to accommodate major public and private commercial recreation facilities which offer recreational opportunities to the residents and tourists of Broward County. Although some of these facilities operate as an adjunct to or an integral part of other types of development, most of these facilities were conceived as profit-making enterprises. Commercial recreation ventures in Broward County can be divided into two categories; golf courses and commercial recreation associated with structures and/or indoor facilities. Those uses permitted in areas designated commercial recreation are as follows: Outdoor and indoor recreation facilities such as active recreation complexes, marinas, stadiums, jai-alai frontons, bowling alleys, golf courses, and dog and horse racing facilities. Accessory facilities, including outdoor and indoor recreation facilities, that are determined by the local government entity to be an integral part of and supportive to the primary recreation facility (excluding residential uses). Hotels, motels and similar lodging ancillary to the primary commercial recreation use. Other active and passive recreation uses. Recreational vehicle sites at a maximum density of ten (10) sites per gross acre if permanent location of recreational vehicles on the site is permitted by the local land development regulations, or twenty (20) sites per gross acre if such location is prohibited by the local land development regulations; subject to the allocation by the local government entity of available flexibility or reserve units. The following Objective and Policy relating to the Commercial Recreation land use designation is provided in the Land Use Plan: OBJECTIVE 02.03.00 COMMERCIAL RECREATION USE CATEGORY Establish within the Future Broward County Land Use Plan Map (Series) a commercial recreation category which would encompass those public and private recreational facilities necessary within a resort area such as Broward County. POLICY 02.03.01 Permit those uses within designated commercial recreation areas which are identified in the Commercial Recreation Permitted Uses subsection of the Plan Implementation Requirements section of the Broward County Land Use Plan. Objective 02.03.00 merely requires the establishment of a "commercial recreation" category in the County Plan. It does not require that any specific amount of land be designated as commercial recreation or that, once so designated, the designation of a parcel of real property as commercial recreation should not be changed. Policy 02.03.01 merely requires that any parcel of real property classified as commercial recreation may be utilized for the purposes identified in the Commercial Recreation Permitted Uses subsection of the Plan Implementation Requirements section of the County Plan. This policy does not require that any specific amount of land be designated as commercial recreation or that, once so designated, the designation of a parcel of real property as commercial recreation should not be changed. The "Plan Implementation Requirements" of the Land Use Plan concerning the Commercial Recreation land use designation merely explain the purpose of the designation and identify the permitted uses within areas designated commercial recreation. There is no requirement contained in the Plan Implementation Requirements that a certain amount of land be designated commercial recreation or that, once so-designated, real property cannot be placed in a different category. The evidence failed to prove that the County Plan prohibits the reclassification of real property from commercial recreation to other categories. No provision of the County Plan has been referred to that establishes a minimum requirement for commercial recreation. The Property is not considered part of the parks and recreation property on the County. Therefore, the Amendment will not result in a decrease in the level of parks and recreation services available. Ms. Nipe failed to prove that the Amendment is inconsistent with the County Plan as alleged in her petition. Degradation of School Services. The County Plan does not establish "levels of service" for schools or a methodology for determining schools that are "affected" by an amendment. Although the County has adopted goals, objectives and policies pertaining to educational facilities, those goals, objective and policies were not in effect at the time the Amendment was adopted. The evidence failed to prove that any school services will be degraded as a result of the Amendment or that the impact of the Amendment on school services was not considered by the County in adopting the Amendment. Ms. Nipe failed to prove that the Amendment is inconsistent with any portion of the County Plan dealing with school services. Degradation of Roads. There are a number of goals, objectives and policies contained in the County Plan which address the issue of traffic facilities and circulation. Ms. Nipe has failed to cite any of those provisions in support of her argument that the Amendment "would place additional trips on existing over capacity roads. The County and Swerdlow have cited a number of provisions of the County Plan that deal with transportation. Those findings (County 37 and 38) are hereby incorporated into this Recommended Order. An analysis of the traffic impact of the Amendment was prepared by the Planning Council and presented to the County for consideration. That analysis addressed: the net difference between vehicular trips from the golf course and those expected from the new classification of the Property; the distribution of the projected increase in traffic to affected roads (Griffin Road in the north and Stirling Road in the south); the average daily traffic on affected roads after the increase in traffic; and the anticipated level of service of the affected roads in the years 1997 and 2010. The County's analysis indicated that the Amendment would not cause the affected roads to exceed the level of service contained in the County Plan in the short-term or long-term. The method used in the County Plan and utilized in conjunction with the Amendment is consistent with plan amendment data and analysis requirements of Rule 9J-5 and Rule 9J-11, Florida Administrative Code. The only evidence offered by Ms. Nipe in support of her challenge concerning traffic impact is a memorandum from "Roy Groves" of the County Office of Planning. Mr. Groves did not testify in this proceeding. The comments made by Mr. Groves, therefore, cannot be relied upon to support Ms. Nipe's contention. Additionally, Mr. Groves' comments deal with a "compact deferral area" resulting from an over-capacity road segment of State Road 7 and U.S. 441. The evidence failed to prove that the roads impacted by the Amendment are part of a compact deferral area or that State Road 7 and/or U.S. 441 will be impacted. Ms. Nipe failed to prove that the impact on traffic of the Amendment is inconsistent with the Act, Chapter 9J-5, Florida Administrative Code or the County Plan. The Applicant's Rationale for the Amendment. The Planning Council informed the County of the reasons advanced by the applicant for the Amendment. It was suggested that the proposed classification of the Property is consistent with the surrounding area and that the continued operation of the golf course is not longer financially feasible. The evidence failed to prove that the Act and the rules promulgated thereunder, state and regional plans, or the County Plan require that applicants for County Plan amendments include a rationale or justification for the requested amendment. The evidence also failed to prove that the applicant's rationale provided formed the basis for the County's decision to adopt the Amendment. The Impact on Oak Hammocks. The Property does not include any oak hammocks. The evidence failed to prove that there will be any impact on oak hammocks as a result of approval of the Amendment. Enhancement to the County's Tourist Industry. The County Plan contains the following Goal, Objective and Policy relating to the tourist industry in the County: GOAL 03.00.00 ACHIEVE A MORE DIVERSIFIED LOCAL ECONOMY BY PROMOTING TOURISM AND INDUSTRIAL GROWTH AND PROVIDING OPTIMUM PROTECTION OF THE COUNTY'S ENVIRONMENT AND MAINTAINING A DESIRED QUALITY OF LIFE. . . . . OBJECTIVE 03.03.00 ENHANCE BROWARD COUNTY'S TOURIST INDUSTRY Increase Broward County's attractiveness to tourists through the establishment of a land use pattern and development regulations aimed at enhancing the area's natural and man-made environments such as beaches, shorelines and marine facilities. . . . . POLICY 03.03.03 Activities intended to diversify Broward County's economy should not adversely impact the quality of life of the County's permanent, seasonal, or tourist populations. The evidence failed to prove that the Amendment is inconsistent with the requirements of the Goal, Objective or Policy quoted in finding of fact 78. There will still be three golf courses owned by the City of Hollywood and three privately owned golf courses open to the public in the City of Hollywood after the closure of Oakridge Golf Course. Although there was testimony concerning the proximity of the Property to various areas of the County, the evidence failed to prove that tourist are attracted to the Property or that the loss of the golf course on the Property will adversely impact the tourist industry in Broward County. There was also evidence that there are a limited number of commercial recreation uses of property such as golf courses in the County and that the establishment of additional commercial recreation golf courses is unlikely in urban areas. That evidence, however, failed to prove that the limited number of such uses is inadequate or that there is a need for additional golf courses.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Community Affairs enter a Final Order finding that the Broward County Comprehensive Plan, as amended by Ordinance 93- 42, is "in compliance" within the meaning of Section 163.3184(1)(b), Florida Administrative Code (1993). DONE AND ENTERED this 28th day of July, 1994, in Tallahassee, Florida. LARRY J. SARTIN 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 28th day of July, 1994. APPENDIX Case Number 94-1610GM The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. Ms. Nipe's Proposed Findings of Fact Accepted in 35 and 36. Statement of law. 3 Accepted in 10, 20, 27 and 41-42. 4 Accepted in 20 and 27. 5-6 Accepted in 56. 7-9 Accepted in 55. 10-11 Accepted in 43. 12-13 Although true, Ms. Nipe failed to explain the relevancy of these findings. See 57-60. 14-18 Accepted in 45. Although true, Ms. Nipe failed to explain the relevancy of these findings. See 57-60. Not supported by the weight of the evidence. 21-23 Accepted in 78. 24 Not relevant. 25-26 Not relevant. These proposed findings pertain to arguments not raised in Ms. Nipe's petition. 27 Accepted in 27. 28-29 Not relevant. 30-31 Accepted in 82. 32 Not relevant. These proposed findings pertain to arguments not raised in Ms. Nipe's petition. 33-34 Hereby accepted. See 52. Not supported by the weight of the evidence. The County's Proposed Findings of Fact Accepted in 1. Accepted in 4. Accepted in 3. Accepted in 5 and 7. Accepted in 6. Accepted in 10. Accepted in 11-12. Accepted in 13. Accepted in 17. Accepted in 14. Accepted in 15. Accepted in 26. Accepted in 20 and 27. Accepted in 41-42. Not relevant. Accepted in 18. Accepted in 19. 18-19 Accepted in 20. 20 Accepted in 25. 21-22 Hereby accepted. Accepted in 26. Accepted in 34. Accepted in 78. Hereby accepted. Accepted in 79. Accepted in 55. Accepted in 56. Accepted in 55. 31-32 Not relevant. Accepted in 49. Hereby accepted. Accepted in 49. Not relevant. Accepted in 67. To the extent relevant, accepted in 67. Not relevant. See 64. Accepted in 63. 41-45 Not relevant. The issue that these proposed findings relate to was not sufficiently raised in Ms. Nipe's petition. 46 Accepted in 57-60. 47-48 See 65. 49 Not relevant. 50 See 65. 51 Not relevant. See 64. 52 Accepted in 76. 53-54 Not relevant. 55 Hereby accepted and see 36. 56-61 Not relevant. 62-63 Accepted in 74. 64 Accepted in 73. 65-66 Accepted in 21. Accepted in 24 and hereby accepted. Hereby accepted. Accepted in 29 and 51. Accepted in 31. Accepted in 33. Accepted in 53-54. Accepted in 36. Accepted in 23 and hereby accepted. Accepted in 28. Accepted in 23. Accepted in 32. Accepted in 68. 79-84 Hereby Accepted. Accepted in 68. Accepted in 70. Accepted in 71. 88-91 Hereby accepted. 92 Accepted in 72. 93-94 Not relevant. The Department's Proposed Findings of Fact 1 Accepted in 1-2. 2 Accepted in 4. 3 Accepted in 3. 4 Accepted in 5. 4 Accepted in 6. 5 Accepted in 8. 6 Accepted in 9. 7 Accepted in 10. 8 Accepted in 11. 9-10 Volume 2 was not offered into evidence. 11-12 Accepted in 15. 13-14 Accepted in 56 and 78. Accepted in 57-58 and 79 Accepted in 26. Accepted in 35-36. Accepted in 20 and 27. Accepted in 38 and 40-41. The Property is not, however, in the unincorporated area. Accepted in 21-22. Accepted in 23-24. Accepted in 23. Accepted in 29 and 31. Accepted in 28, 70 and 72. Accepted in 33. Accepted in 32. Hereby accepted. Accepted in 53-54. The last sentence is not supported by the weight of the evidence. Accepted in 65-66. Swerdlow's Proposed Findings of Fact Accepted in 1. Accepted in 2. Accepted in 4. Accepted in 3. Accepted in 5 and 7. Accepted in 6. Accepted in 8. Accepted in 9. Accepted in 10. Accepted in 11-12. Accepted in 13. Accepted in 17. Accepted in 14. Accepted in 16. Accepted in 55. See 15. Accepted in 15 and 49. Accepted in 48. Accepted in 26. Accepted in 35-36. Accepted in 20 and 27. Accepted in 38-40. Accepted in 41. Accepted in 43. Accepted in 46. Accepted in 18. Accepted in 19. Accepted in 20. Accepted in 20. 30-32 Hereby accepted. Accepted in 26. Accepted in 21 Accepted in 21 and 23. Accepted in 23. Accepted in 228 and 32. Accepted in 32. Accepted in 24. Accepted in 29 and 31. Accepted in 33. Accepted in 33 and hereby accepted. Accepted in 34. Accepted in 53. Accepted in 50. Accepted in 51. Accepted in 36. Accepted in 36 and 55. 49-50 Accepted in 57-60. 51-56 Not relevant. Accepted in 36. Accepted in 63. See 64. Accepted in 65. See 65. Not relevant. Accepted in 65. Not relevant. Accepted in 36. 66-67 Accepted in 71 68-69 Hereby accepted. 70 Accepted in 68. 71-73 Hereby accepted. Accepted in 67. Hereby accepted. Accepted in 68-69. Hereby accepted. Accepted in 68. Hereby accepted. 80-81 Hereby accepted. Accepted in 68-69. Accepted in 67. 84-85 Hereby accepted. Accepted in 23. Accepted in 32. Accepted in 36. 89-90 Accepted in 74. Accepted in 36. Accepted in 76-77. Accepted in 79. Accepted in 81. Accepted in 80. COPIES FURNISHED: Linda Loomis Shelley, Secretary Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dan Stengle, General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Chris Mancino, Esquire 1215 Southeast Second Avenue, Suite 102 Fort Lauderdale, Florida 33316 Brigette A. Ffolkes Assistant General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Tracy H. Lautenschlager Assistant County Attorney 115 South Andrews Avenue Room 423 Ft. Lauderdale, Florida 33301 Barbara A. Hall, Esquire 515 East Las Olas Boulevard Suite 1500 Ft. Lauderdale, Florida 33301 William S. Spencer, Esquire Post Office Box 6 Hollywood, Florida 33022 Edwin J. Stacker, Esquire Post Office Box 1900 Ft. Lauderdale, Florida 33302 John H. Pelzer, Esquire Post Office Box 1900 Ft. Lauderdale, Florida 33302
The Issue The issue in this case is whether the City of Gainesville comprehensive plan amendment adopted by Ordinance No. 4036 on October 24, 1994, is in compliance.
Findings Of Fact Based upon all of the evidence, the following findings of fact have been determined: The Parties Respondent, City of Gainesville (City), is a local government subject to the comprehensive land use planning requirements of Chapter 163, Florida Statutes. That chapter is administered and enforced by respondent, Department of Community Affairs (DCA). The DCA is charged with the responsibility of reviewing comprehensive land use plans and amendments made thereto. Petitioners, Mark Barrow, Jane Myers, Wilse Barnard, Mary Webb, and Steven and Mary Reid, own property and reside within the City. Petitioners, Historic Gainesville, Inc. and Duckpond Neighborhood Association, Inc., are organizations made up of persons who reside, own property, or operate businesses within the City. By stipulation of the parties, petitioners are affected persons within the meaning of the law and have standing to bring this action. Intervenors, John and Denise Feiber and Katherine Bodine, are the owners of two parcels of property which are at issue in this case. Intervenors submitted oral and written comments during the plan amendment review and adoption proceeding and thus have standing as affected persons to participate in this proceeding. Background During 1993 and 1994, John Feiber unsuccessfully attempted to sell his 1,800 square foot single-family home for an asking price that was disproportionately high for residential property, and was more in keeping with a commercial asking price. Recognizing that the property would be far more valuable with a commercial classification than its current residential designation, on June 11, 1994, Feiber, his wife, and the owner of the property next door, Katherine Bodine, submitted an application for an amendment to the City's Future Land Use Map (FLUM) to convert a .57 acre parcel from Residential- low Density to Planned Use District (PUD) to change a single family home into a law office, potentially convert an adjacent structure into mixed office and residential uses, and possibly build a third office building. Although the City's Plan Board unanimously recommended that the application be denied, by a 4-1 vote the City approved the application on October 3, 1994. This approval was formally ratified through the adoption of Ordinance No. 4036 on October 24, 1994. After essentially deferring to the City's findings, on January 25, 1995, the DCA completed its review of the amendment and issued a Notice of Intent to find the amendment in compliance. On February 15, 1995, petitioners filed their petition for administrative hearing with the DCA generally contending the amendment was internally inconsistent and violated certain parts of Chapter 163, Florida Statutes, the state comprehensive plan, and Chapter 9J- 5, Florida Administrative Code. In resolving these contentions, on which conflicting evidence was presented, the undersigned has accepted the more credible and persuasive evidence. Finally, by order dated March 30, 1995, intervenors were authorized to participate in this proceeding in support of the amendment. The Affected Neighborhood The parcel in question consists of two lots, one owned by the Feibers, the other by Bodine. Both lots are located within, and on the edge of, the Northeast Gainesville Residential Historic District (Historic District), a 63- acre collection of properties, which by virtue of the historically significant structures and residential land use patterns, qualified for listing on the National Register of Historic Places in 1980. The dominant land use and character within the Historic District is residential, and has been since it was zoned residential in 1932. Land uses on Northeast First Street, which forms the western boundary of the District, were always institutional, but on the east side of Northeast Second Street eastward, the uses were always residential with the exception of the Thomas Center, a 1920's vintage building now serving as a City office building. The Historic District is located in downtown Gainesville, beginning just north of East University Avenue and continuing northward until Northeast Tenth Avenue. Within its boundaries on the FLUM are two distinct land use designations, Residential-Low Density and Office. Northeast Second Street serves as the land use boundary between the two, with residential uses permitted on the east side and nonresidential uses permitted on the west side of the street. There have been no encroachments across the residential land use line since 1976 when a nonconforming parking lot was approved by the City. When the City adopted its comprehensive plan in 1985, and revised it in 1991, it continued the same two land uses, thereby codifying existing residential land use patterns and the conversion of office uses that had already occurred along First Street Northeast in the early 1970s. The Amendment As noted above, the parcel in question consists of two legal lots, one owned by the Feibers, the other by Bodine. The amendment changes the FLUM portion of the City's 1991-2001 comprehensive plan to reflect a PUD overlay for the parcel. The land is presently designated as residential-low density, a category in which office uses are not permitted. According to policy 2.1.1 of the Future Land Use Element (FLUE), this land use category is appropriate "for single family development, particularly the conservation of existing traditional low-density neighborhoods, single-family attached and zero-lot line development, and small scale multi-family development." Conversely, the same policy provides that "office designations shall not encroach in viable residential areas nor expand strip development." By their application, John and Denise Feiber seek to convert their single-family home at 206 N. E. Third Street into a law office. An adjacent two-story structure located at 206 N. E. Second Avenue would possibly be converted to office uses on the first floor and residential uses on the second floor. That building is owned by Katherine Bodine, an absentee landlord who resides in Jacksonville, Florida. The amendment also permits, but does not require, future consideration of a third, multi-story structure to accommodate offices. After the amendment was approved by the City, Bodine immediately listed her parcel for sale, and its future development is uncertain at this time. FLUE policy 2.1.1 describes the PUD designation as follows: This category is an overlay land use district which may be applied on any specific property in the City. The land use regulations pertaining to this overlay district shall be adopted by ordinance in conjunction with an amendment to the Future Land Use Map of this comprehensive plan. The category is created to allow the consideration of unique, inno- vative or narrowly construed land use proposals that because of the specificity of the land use regulations can be found to be compatible with the character of the surrounding land uses and environmental conditions of the subject land. Each adopting PUD overlay land use designation shall address density and intensity, permitted uses, traffic access and trip generation, environmental features and buffering of adjacent uses. Planned Development zoning shall be required to implement any specific development plan. In the event that the overlay district has been applied to a site and no planned development zoning has found approval by action of the City Commission within one year of the land use designation, the overlay land use district shall be deemed null and void and the overlay land use category shall be removed from the Future Land Use Map, leaving the original and underlying land use in place. Therefore, any land use proposal under this category must be "compatible with the character of the surrounding land uses and environmental conditions" and address the "buffering of adjacent uses." It follows that a PUD may not be applied arbitrarily, but rather it must be appropriate for the area and specific site. The amendment applies the following land use regulations to both the Feiber and Bodine parcels: Residential use of up to ten (10) units per acre and all uses permitted by right and by special use permit within the RMF-5 zoning district is authorized; the maximum floor area of all buildings and structures is 7,185 square feet; the Historic Preservation/ Conservation District requirements of Section 30-79, Land Development Code of the City of Gainesville regulate and control the development and design of all buildings, structures, objects and related areas; in addition to the Landscape and Tree management requirements of the Land Development Code, the property is required to be planted and maintained with residential scale landscaping to conform to the surrounding residential neighborhood, as well as act as a buffer for the surrounding uses; the average weekday afternoon peak trip generation rate per 1,000 square feet of gross floor area in office use is not permitted to exceed 1.73; any application for development is required to meet concurrency requirements of Article III of the City of Gainesville Land Development Code for each phase of development; and off-street parking is required to be provided unless on- street parking is created, pursuant to a plan attached to the ordinance as Exhibit "D". The amendment also applies the following land use regulations specifically to the Feiber parcel: An additional land use, Legal Services, as defined in Major Group 81 of the Standard Industrial Classification Manual, 1987 ed. is authorized; the maximum floor area authorized for such Legal Services is one thousand seven hundred eighty five (1,785) square feet; and, if on-street parking is not provided in accordance with the plan provided in Exhibit "D" of the ordinance, then off-street parking must be provided within 300 feet of the Feiber parcel. Finally, the amendment applies the following land use regulations to the Bodine parcel: Non-residential land uses are permitted as specified in Exhibit "E" of the ordinance; the maximum floor area authorized for non-residential uses is three thousand six hundred (3,600) square feet; the second story of the existing building is limited to residential use only; and on-site parking limitations are imposed. In accordance with policy 2.1.1, Planned Development (PD) zoning is required to implement the development plan and the uses permitted in the amendment. The underlying FLUM designation of Residential Low Density, which allows up to 12 units per acre, is neither abandoned nor repealed, but rather remains inapplicable, so long as the property is developed in accordance with a development plan to be approved when the implementing PD zoning is adopted, and such implementing zoning must be adopted within one year of the amendment becoming effective. Data and Analysis Data and Analysis Before the City Basically, the City concluded that the amendment could be justified on the theory that the conversion would provide commercial "infill" of an underutilized parcel with step-down transitions to the inner neighborhood. It further concluded that because of the small size of the parcel involved, the conversion would have a de minimis effect on the neighborhood. When the amendment was adopted, the City had before it the previously adopted comprehensive plan, including the original data and analysis to support that plan, and testimony and exhibits offered both for and against the amendment during a local government hearing conducted on October 4, 1994. Significantly, the City had no studies of any kind regarding marketability, neighborhood stability, availability of land for office and residential uses, or traffic. Indeed, in preparation for final hearing, its expert simply made a walking tour of the neighborhood. Data and Analysis Before the Department On October 28, 1994, the City transmitted the amendment to the DCA for review. The transmittal package contained the following items: The City's Final Order; Ordinance No. 4036, with Exhibits A-E; interoffice communication to the City Commission from the City Plan Board dated July 11, 1994; interoffice communication to the City Plan Board, Planning Division Staff dated June 16, 1994; attachment to Land Use Application (pages 1-5); and excerpts from the City Zoning and Future Land Use Maps showing the zoning and land uses assigned to adjacent properties. However, the transmittal package did not include transcripts of the City Plan Board hearing, the Commission Adoption hearing, or any part of the record of the quasi-judicial hearing of October 4, 1994. The DCA planning staff consulted data contained in the Department of Transportation's ITE Manual in analyzing the traffic and parking impacts of the adopted land use map amendment. It also contacted the Department of State, Division of Historic Resources (Division), for analysis of the amendment's impact on historic resources, and it received comments on the amendment from the the North Central Florida Regional Planning Council (NCFRPC). The DCA planning staff also analyzed the FLUM to determine compatibility of the amendment with surrounding uses. During this review, the DCA planning staff reviewed all pertinent portions of the City's Plan Goals, Objectives and Policies (GOPs) and data and analysis. This review was done in a cursory fashion, however, since the DCA viewed the application as being a very small project with no perceived impact. Given the lack of any studies concerning marketability, neighborhood stability, availability of land for office and residential uses, and traffic, all of which are pertinent to this amendment, it is found that the City and DCA did not use the best available data and analysis. Therefore, the amendment is inconsistent with the requirement in Rule 9J-5.005(2), Florida Administrative Code, and Section 163.3177, Florida Statutes, that the best available (and appropriate) data and analysis be used. Compatibility with Adjacent Uses To the south of the subject parcels is a four-lane loop road (Northeast Second Avenue) which now serves as a buffer from the adjacent uses. Across the street to the south is City Hall, which was constructed more than thirty years ago. To the west of the property is a commercial parking lot with an office building next door to that parking lot. On the east side of the property are multi-family dwellings. To the south and east from the parcels is a commercial lot. An area from the corner of Northeast Second Avenue and Northeast First Street, one block from the subject parcels, and proceeding north along Northeast First Street, contains many non- residential uses, including offices. Areas to the north are predominately multi-family and single-family uses. Transitional uses and buffering are professionally-acceptable planning tools. However, changing a single-family dwelling into an office does not enhance buffering for the residential properties further in the neighborhood because the Feiber house is currently a less intense use than office. Therefore, the amendment conflicts with the plan's requirement that a PUD provide buffering for adjacent uses. The concept of transitional uses entail the practice of providing for a gradation of uses from high-intensity to low-intensity uses. Insertion of another non-residential use at the Feiber property to achieve a chimerical "step-down transitional use" merely moves the "edge" another step inward. Nonresidential uses already exist just outside the Historic District neighborhood that would meet this "step-down" criteria. Retrofitting an existing neighborhood is not appropriate unless it is no longer viable, which is not the case here. Contrary to the proponents' assertion, the Feiber and Bodine parcels will not provide the transitional uses of office and multi-family uses between the high-intensity office (City Hall) uses and lower intensity, multi-family uses to the north of the subject parcels. The four-lane street between the City Hall and the subject property now serves as an adequate buffer. A major goal of the City's plan is to protect viable, stable neighborhoods, and the FLUM, with its residential land use category, provides that protection. This goal cannot be achieved by converting these parcels to office use. Another major goal of the plan is to protect and promote restoration and stablization of historic resources within the City. That goal cannot be achieved by converting these parcels to nonresidential uses. Yet another major goal of the plan is the prohibition of office uses intruding into residential neighborhoods. The amendment contravenes that requirement. Impact on Historic Resources As noted earlier, the Feiber and Bodine properties are located on the southern edge of the Historic District of the City, separated from the City Hall by a one-block long segment of a four-lane street plus the full half-block length of the City Hall parking lot. A major goal of the City's plan is the protection of historic architectural resources and historically significant housing within the City. This goal is found in FLUE objective 1.2, Historic Preservation Element goals 1 and 2, and Housing Element policy 3.1.3. This overall major goal, as embodied in the foregoing objective, policies and goal, cannot be furthered by the amendment. Conversions which intrude across stable boundaries, such as exist in this neighborhood, begin a pattern of disinvestment. As investment subsides, the physical, historic structures will be adversely affected. The conversion contemplated by the amendment would represent a small encroachment of office use into the neighborhood with a cumulative effect. There is nothing to preclude its precedential effect or encouragement of similar applications. Although the Division of Historic Resources stated that it had no objection to the amendment, its acquiesence to the amendment is not controlling. Rather, the more persuasive evidence supports a finding that the amendment will have an adverse impact on the Historic District and will not further applicable goals, policies and objectives. Local Comprehensive Plan Issues One criteria for evaluating a plan amendment is whether it would result in compatibility with adjacent land uses. The overriding goal in the area of compatibility analysis is the protection of viable, stable neighborhoods. There is nothing in the plan amendment itself which provides compatibility or buffering for the residential properties located to the north and east of the subject parcel. Indeed, office development of the land will increase the pressure to convert more structures. Objective 2.1 of the FLUE establishes an objective of providing sufficient acreage for residential, commercial, mixed use, office and professional uses and industrial uses at appropriate locations to meet the needs of the projected population. Those acreages are depicted on the FLUM. When reviewing a FLUM amendment, such as the subject of this proceeding, the City is required to make a need analysis. The amendment is not supported by any analysis of need. Prior to the amendment, the plan contained an overallocation of office space and a shortage of housing for Market Area 4, in which the subject parcel is located. The amendment does not increase available housing or alleviate the overallocation of office space in Market Area 4. Indeed, it has a contrary result. Adaptive reuse is not promoted by the City's plan. Rather, the Housing Element promotes restoration and conservation of historically or architecturally significant housing, which means returning to housing use, not adapting structures to some other use. In this respect, the amendment is contrary to the City's plan. Summary Because the plan amendment is internally inconsistent and not based on the best available data and analysis, it is found that the amendment is not in compliance.
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 finding the amendment to be not in compliance. DONE AND ENTERED this 19th day of September, 1995, in Tallahassee, Florida. DONALD R. ALEXANDER 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 19th day of September, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-0749GM Petitioners: Petitioners' proposed findings, while substantially modified and shortened, have been generally adopted in substance. Respondents/Intervenors: 1-8. Partially covered in findings of fact 10-16. 9-37. Partially covered in findings of fact 17-22. 38-53. Partially covered in findings of fact 23-30. 54-71. Partially covered in findings of fact 31-33. 72-106. Partially covered in findings of fact 31-38. Note: Where a proposed finding has been partially accepted, the remainder has been rejected as being unnecessary for a resolution of the issues, cumulative, irrelevant, not supported by the more credible, persuasive evidence, subordinate, or a conclusion of law. COPIES FURNISHED: Patrice F. Boyes, Esquire W. David Jester, Esquire Post Office Box 1424 Gainesville, Florida 32602-1424 Richard R. Whiddon, Jr., Esquire Post Office Box 1110 Gainesville, Florida 32602 Suzanne H. Schmith, Esquire 2740 Centerview Drive Tallahassee, Florida 32399-2100 C. David Coffey, Esquire 105 S. E. First Avenue, Suite 1 Gainesville, Florida 32601-6215 James F. Murley, 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
The Issue Whether the amendment to the Future Land Use Map (FLUM) of the Putnam County Comprehensive Plan (Plan) adopted by Ordinance No. 2001-33 on December 11, 2001, which changes the future land use designation on the FLUM of an approximately 29-acre site from "Rural Residential" to "Commercial," is "in compliance" as that term is defined in Section 163.3184(1)(b), Florida Statutes, for the reasons set forth in the Petition for Administrative Hearing.
Findings Of Fact Petitioner, Frances Z. Parsons, lives at 215 Woodbury Trail, Satsuma, Putnam County, Florida, which is approximately one mile from the racetrack (on the site subject to the Amendment, see Findings of Fact 14 and 15) and has resided there for over seven years. Dr. Parsons understood at the time she purchased the house that a racetrack had been in existence, but was not operational and that no evidence of a racetrack could be seen from the road. A couple of years ago, Dr. Parsons noticed construction-type activity (e.g., earth-moving machines and erection of stadium-type bleachers and lights) occurring on the Property (racetrack site). Trees along the road were "bulldozed down," the site cleared, and a fence erected, after which, Dr. Parsons could see the racetrack from the road and racing commenced. Dr. Parsons also stated that the racetrack is operational and the noise level bothers her at her home. Dr. Parsons described Satsuma as "about a half a mile wide" and "fairly settled for a rural areas, but not for -- it's certainly not downtown." Dr. Parsons stated that the community character has not changed in the last five years. Dr. Parsons submitted oral or written comments and objections regarding the disputed Amendment during the period of time beginning with the transmittal hearing for the amendment and ending with the adoption of the amendment. Respondent, Putnam County, is a political subdivision of the State of Florida. Section 7.54, Florida Statutes. The County is the local government that adopted the Amendment. Respondent, Department of Community Affairs, is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, which includes a determination of whether comprehensive plan amendments are "in compliance." Intervenor, Florida Racing, is a private corporation and is the owner of the approximately 29 acres that are the subject of the challenged Amendment. Oral or written comments and regarding the disputed Amendment were submitted on behalf of Florida Racing during the period of time beginning with the transmittal hearing for the Amendment and ending with the adoption of the Amendment. Robert Joseph Potter is the Vice- President and Comptroller for Florida Racing. The Amendment In April 2001, Florida Racing submitted to the County an "Application for Amendment to the Putnam County Future Land Use Map" (Application). This Application requested that the land use designation for an approximately 29-acre site, consisting of five contiguous parcels under the same ownership, be changed from "Rural Residential" to "Commercial" on the FLUM. The Amendment was approved and transmitted to the Department for review under Section 163.3184(6)(a), Florida Statutes. The Department conducted this review, and raised no objections to the proposed FLUM change. On December 11, 2001, the Putnam County Board of County Commissioners (Board) adopted the proposed Amendment by Ordinance No. 2001-33. The Department timely caused to be published a Notice of Intent to find the Amendment "in compliance." On or about February 28, 2002, Petitioner filed a Petition for Administrative Hearing regarding the Department's Notice of Intent. This Petition alleges that the Amendment should be found not "in compliance" on several grounds. This challenge involves an existing development, a racetrack, on the Property. However, the Amendment would allow commercial development on the approximately 29 acres, subject to compliance with applicable Plan and Putnam County Zoning Ordinance (Zoning Ordnance) provisions. (In the Application, Florida Racing advised that proposed uses included a raceway, mobile home park, restaurant, and related amenities.) The Putnam County Speedway, the Surrounding Area, and the Review Process The approximately 29-acre site (five parcels total (Property)) subject to the Amendment is the site of an existing dirt automobile racetrack with bleachers, a press box, associated structures, and a masonry building/house. A commercial mini-warehouse building (personal storage) is located on the westernmost parcel. The racetrack is currently known as the "Putnam County Speedway" (Speedway). The Property is located on the west side of U.S. Highway 17 South between the Dunn's Creek Bridge and Buffalo Bluff Road (County Road 309B). The land surrounding the Property on the west, south, and east are designated as "Rural Residential" on the FLUM, the same as the Property prior to the proposed FLUM change. The land to the north is designated as "Conservation" on the FLUM and designated as vacant and wetlands as existing land uses. The zoning is "A." See Endnote 8. The land to the east is zoned "A" and is vacant as the existing land use. The land to the north and east of the Property is part of the 1,707-acre Murphy Creek Conservation area owned and managed by the St. Johns River Water Management District. The land to the west is zoned "C-2; A" and has an existing land use of commercial, but a future land use designation on the FLUM of Rural Residential. There is also additional land to the west of the Property within the Murphy Creek Conservation Area, a couple of residences and a vacant subdivision that has been determined not to be vested for development. There is a parcel of land to the west that is also owned by Florida Racing. The land to the south is zoned "C-4, C-1, C-2, [and] A" and is designated as vacant and commercial residential as existing land uses, and has a Rural Residential future land use designation on the FLUM. See Endnote 8. The land south of the Property across U.S. 17 includes an existing commercial establishment that includes a mini-warehouse building with outside storage of equipment and semi-trailers. (The mini- warehouse was rezoned in 1986.) Also, further south and west along U.S. 17, there are two or three additional commercial businesses. Mr. Spofford referred to this area as "a commercial cluster." However, most of the uses are nonconforming uses as to the existing Rural Residential future land use, and they would not be able to change to anything more intensive or that would have more adverse impacts on the surrounding residential uses. 1 Behind the mini-warehouse building are two residential neighborhoods with two subdivisions, one with 22 lots of approximately one acre in size and the other with 19 lots, with most of the lots being significantly larger than those in the former subdivision. Another residential area further west than the two subdivisions consists of approximately 40 parcels of land which have been subdivided over time and never platted. About four of these parcels on U.S. 17 are zoned for commercial use. There is also an existing aluminum business west with a C-4 zoning. It appears that almost all of these residential lots and parcels were created after the racetrack was established. The racetrack was in operation prior to the adoption of the Plan and zoning regulations. There is evidence that a racetrack existed before 1975, but has not remained in continuous use throughout that time. The record does not detail the history of the racetrack from its initial approval some time prior to 1975 to the date of the adoption of the Amendment. There is inference that the racetrack was not actively or frequently used in the mid-1990s. (It is noted in the County Staff Report that "[a]n aerial from the Florida Department of Transportation dated February 1972 shows the subject property cleared with what appears to be an oval dirt track. A 1964 aerial photograph did not show a racetrack on the subject property. A review of property appraisal data indicate the racetrack was established around the 1970 to 1972 period.") At some point after approximately 1995, and prior to the adoption of the Amendment, racing returned to the Speedway. An automobile racetrack is not an allowable or conforming use on land designated "Rural Residential." According to the Plan's Future Land Use Element (FLUE), "[t]he Rural Residential land use category depicted on the [FLUM] consists of water front development and developed areas interspersed within the active agricultural areas. These areas are somewhat isolated from the urban areas and rural centers. The development is situated primarily on large lots in the one to five-acre range and is either a homestead or a second home for people who seek the quiet enjoyment of living in a rural environment." As a nonconforming use, the Speedway (racetrack) is subject to County land use and zoning provisions that limit or restrict the ability to undertake improvements. For example, according to the Putnam County Zoning Ordinance 88-1, as amended by Ordinance 91-31 (collectively referred to as County Zoning Ordinance or Zoning Ordinance), the racetrack, as a nonconforming use, is restricted from being extended or enlarged, and repair of its structures is limited. For example, work may be done in any 12-consecutive month period on ordinary repairs, or on repair or replacement of 15 percent of the current assessed value of the particular structure if a nonconforming structure is involved, provided the cubic content of the structure as it existed on the date it became nonconforming shall not be increased in size.2 The intent of these nonconforming use restrictions is to "permit these nonconformities to continue until they are removed, but not to encourage their survival," and it is intended that such uses would become extinguished over time as a result of being prevented from expanding or extensively renovating their structures. See, e.g., County Zoning Ordinance, Sections 2-701-2-708. On March 20, 1998, John Salmons, the Putnam County Planner, advised Tim Keyser, Attorney, that the nonconforming status of the Speedway was still in effect. Mr. Keyser was also informed, in part, that the "Putnam County Speedway may continue to operate under the provisions of the nonconforming use section of the Zoning Ordinance." At the time Florida Racing purchased the racetrack in the 1990's (the specific date is uncertain), some of the existing structures had deteriorated and were in need of repair and/or replacement. To accommodate the renewed activity in racing and the need to upgrade the racetrack, seating at the racetrack was rearranged, new seating was added for children, and a second access driveway was installed north of the existing driveway. In 2000, in a series of letters to Mr. Potter, County staff raised concerns regarding plans to significantly upgrade the racetrack. On September 26, 2000, Mr. Salmons advised Mr. Potter "that the current zoning status for the [S]atsuma racetrack is Nonconforming. As a nonconforming use, the zoning ordinance acknowledges their existence, but does not encourage their survival. As such, there are very strict rules for repairing or maintaining a nonconforming use." Mr. Salmons also informed Mr. Potter that the Property had been designated "Rural Residential" on the County's FLUM at some point subsequent to the racetrack's initial operation. (The racetrack on the Property pre-dates the Plan, including the FLUM land use categories, including "Rural Residential.") Mr. Salmons understood at the time that Mr. Potter had plans to "significantly upgrade the racetrack" and advised Mr. Potter that he "would not be able to proceed with [his] plans." In order to upgrade, Mr. Salmons advised Mr. Potter that he would need to have the Property rezoned and given the current land use designation for the Property, Mr. Potter would need to obtain an amendment to the FLUM to change the Property's land use designation from "Rural Residential" to "Commercial." However, Mr. Salmons further advised that without doing an analysis of the proposed change, he suspected that "it would be difficult for staff to support such a change" "based upon what Future Land Use patterns surround the property." Finally, Mr. Potter was told that he could continue operations "as they were in the past." But, he could not "add seating, restaurants, structures, pave the track or do much more than do some minor maintenance at this time." On December 27, 2000, Mr. Salmons sent Mr. Potter another letter similar in content to the September 26, 2000, letter. Apparently, Mr. Salmons was advised by Mr. Potter that he had already spent in excess of the 15 percent allowed in the Zoning Ordinance. Mr. Potter was advised to stop making improvements until the land use designation was changed and rezoning approved. (There have not been any legal proceedings initiated to determine whether the 15 percent threshold was crossed.) On April 16, 2001, Florida Racing submitted the Amendment Application and requested the FLUM change suggested by County staff for the Property.3 (Florida Racing also requested rezoning of the Property which is not the subject of this proceeding.) Deficiencies in the applications were noted and additional information requested. The County's FLUE of the Plan was adopted on December 12, 1991, and amended on August 24, 1993. Policy A.1.9.3.A.5. of the FLUE describes the "Commercial" land use category and provides in part: The Commercial land use areas depicted on the [FLUM] are current locations of commercial development in the County with expansion areas provided and are intended to serve as the primary commercial locations for the next 10 years. Secondary commercial locations are provided for in the policies for development in the urban service, urban reserve and rural center land use categories. Commercial land uses include activities that are predominantly associated with the sale, rental, and distribution of products or performance of service. Future development shall be allowed as follows: The maximum permitted floor area for a site shall be 1:1. The maximum permitted impervious surface shall be 70 percent of the site.4 The Staff Report dated July 11, 2001, was prepared by Mr. Spofford, A.I.C.P., a senior planner with Putnam County. As noted in the Staff Report, the purpose of the land use "change is to bring a non-conforming automobile racetrack into compliance with the" Plan. Mr. Spofford testified that the scope of the Staff Report was broader than examining the racetrack. However, the primary focus of the Staff Report is the Property being used as a racetrack and not another commercial use. It was determined that the automobile racetrack is a commercial attraction because it attracts spectators for a fee and further noted: As such, the use is not appropriate for the Agriculture I and II and Rural Residential future land use categories. The site and surrounding area do not meet the intent and description of an Urban Service or Urban Reserve future land use category because urban type infrastructure does not currently exist and is not likely within the next 10 years. This means that the use is most appropriate for a Commercial future land use category. The subject site meets the intent of the Commercial category because it is a current location of a commercial- recreational-entertainment type use. Mr. Spofford explained that the data to support the FLUM change is set forth in the Staff Report. (Mr. Salmons, Mr. Spofford's superior, believed the data in the Staff Report was adequate to support the FLUM change.) The Application was reviewed for consistency with the Plan and various provisions of Rule 9J-5. Staff made the following recommendation: The existing automobile racetrack must go through a two step process to become compliant with the Comprehensive Plan and Zoning Ordinance. First, this proposed map amendment must be approved and adopted by the County, and found to be in compliance by the Florida Department of Community Affairs (DCA). The purpose of this public hearing is to determine whether or not the proposed map amendment should be transmitted for state agency review. Therefore, the Planning Commission must recommend to either transmit the map amendment as proposed, transmit the amendment with recommended changes or not to transmit the map amendment. If the proposed map amendment is transmitted, then state agencies will review the proposed map amendment and return comments to the County in October. The County would then likely hold public hearing[s] to consider actual adoption of the map amendment in November and December. When these public hearings are held to consider the map amendment, a rezoning application would simultaneously be reviewed. A rezoning to Planned Unit Development is a negotiable process where the County can gain greater control of the use. If the proposed map amendment is not transmitted, the a rezoning will not be necessary and the automobile racetrack will continue to be a non-conforming use. As a non-conforming use, code enforcement action will be taken to have the improvements removed that consist of an expenditure greater than 15 percent of the assessed value of the structure(s), with the exception of the permitted work that includes the press box and new lighting. All other improvements could be subject to removal. However, as a non-conforming use, the racetrack would be allowed to continue operation so long as it does not expand. This means that the County would not have much control over the days and hours of operation and other critical site design issues. Although this is not the ideal location for a racetrack, the fact is it has existed on the subject property and has been determined to be a bona fide non- conforming use. Research of County records and other known available sources of information indicates that the racetrack was established prior to the residential development in close proximity south of the subject site. The request for a large-scale comprehensive plan map amendment from Rural Residential to Commercial appears to be consistent with the Comprehensive Plan. Therefore, staff recommends that the proposed map amendment be transmitted to the Florida Department of Community Affairs with a request for their review. On July 11, 2001, the Putnam County Planning Commission unanimously approved the FLUM change after receiving comments. On July 24, 2001, the Board held a public hearing to consider the Amendment and approved same. The FLUM Amendment was transmitted to the Department. Pursuant to the Department's review of the Amendment, a Memorandum dated October 4, 2001, was prepared by Russell Paul Darst, a planner with the Department, and routed to James Stansbury and Mike Sherman, the section administrator, and ultimately to Charles Gauthier, A.I.C.P., and Bureau Chief, who issued the Department's Notice of Intent. Mr. Darst, as well as others at the Department, had no objections to the Amendment. In the Memorandum, Mr. Darst concluded: "The proposed FLUM change for this 29-acre property is from Rural Residential to Commercial. The property has been used for a race track since about 1970. The amendment would change the FLUM designation for the property to reflect the actual and long-standing use of the property. This use is not allowed in the Rural Residential FLUM category." This was the crux of the data and analysis relied on by Mr. Stansbury of the Department. The Memorandum also reflected the Northeast Florida Regional Planning Council comment: "Since the raceway already exists, the land use change will not create any additional impacts to regional resources. The proposed land use change may even protect regional resources in the future by granting the County the ability to regulate the property under the most appropriate zoning classification." Dr. Darst stated that in reviewing a FLUM amendment for the Department, it would be typical to examine the existing use of the land before making his recommendation. In reviewing the County's proposed FLUM change, Mr. Darst believed, based on his discussions with County staff, that the racetrack was not expected to expand (and not that it could not) and that the change in the FLUM would give the County "part of a means of gaining effective control over [the operation of the racetrack]." He reiterated that the FLUM change would reflect the actual and long-standing use of the Property as a racetrack. On December 11, 2001, during the public hearing, the Board approved the FLUM Amendment and transmitted the approval package to the Department. On February 13, 2002, the Department had published its Notice of Intent to find the Amendment "in compliance." The Challenges Petitioner alleges that the Amendment is not "in compliance" on several grounds: first, there is no "need" for additional land to be designated for a commercial use in Putnam County; second, the Amendment and proposed land use is not compatible with the community character and surrounding land uses; and, third, the Amendment is inconsistent with provisions of the Plan, Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. Need The term "need" as used in growth management refers to the amount of land required to accommodate anticipated growth. Section 163.3177(6)(a), Florida Statutes. Local governments are to analyze by acreage how much land within each land use category5 they need to accommodate projected growth through the planning timeframe, and then base their comprehensive plan on this estimate. Rule 9J-5.006(2)(c), Florida Administrative Code. The calculus of need is rather simple and, for that reason, inexact. The calculation of how much land is needed to accommodate the projected population involves comparing what is available for development under the comprehensive plan with the projected population over the same planning timeframe applicable to the plan. An "allocation ratio" to express this need can be derived by dividing the development potential by the projected population. For example, if a comprehensive plan allocated 100 residential dwelling units over the planning timeframe and the jurisdiction's population was projected to increase by 100 over the same time, there would be an allocation ratio of 1:1. This ratio would express an exact match between supply and demand. A ratio of 2:1, on the other hand, would demonstrate that the jurisdiction had twice as much land as designated for use as the projected population is expected to need. There is no allocation ratio adopted by statute or rule by which all comprehensive plans and plan amendments are judged. There is evidence that the County has more vacant land designated "Commercial" than is needed to accommodate its projected population.6 There is data and analysis which indicates an excess of vacant commercially-designation land on a County-wide basis. For example, Florida Racing Exhibit 1 is a copy of data and analysis in support of the FLUE. This data and analysis indicates that at least as of 1991, and projected to 2001, the County has an over-allocation of need for commercial land of about two times or, stated otherwise, the County has a 2:1 allocation ratio for commercial. This data is reflected in Petitioner's Exhibit P. Mr. Spofford explained that the population data was compiled prior to 1991, has not been updated, is not meant to provide a "detailed analysis," and it is only useful for providing the acreage for each planning district. The population for each planning district is then compared to the acreage to determine the allocation of commercial to service that population. From a very general standpoint, Mr. Spofford analyzed the FLUM Amendment application in light of whether more commercial acreage was needed. Mr. Spofford explained that because the Property was so close to the edge of the planning district, it was difficult to compare the commercial and population need. However, Mr. Spofford opined that the Planning District 1 (which includes the Property) and the one to the northeast are not over-allocated for commercial use. He also opined that, generally, "more is needed, if -- especially if you're looking out 20, ten or twenty years." Petitioner did not come forward with any independent or up-to-date analysis to demonstrate the County is in fact over-allocated for commercial land use. On the other hand, Fred Goodrow, A.I.C.P., opined that the County was over-allocated regarding the need for more commercial in light of the data previously mentioned. The existence and extent of any commercial over- allocation in Putnam County is, at best, fairly debatable. Nonconforming Use, Inconsistency, and Incompatibility Petitioner asserts that the Amendment is not "in compliance" because it fails to eliminate or reduce a nonconforming use in violation of Section 163.3177(6)(a), Florida Statutes, and Rule 9J-5.006(3)(b)3. and (3)(c)2., Florida Administrative Code. Petitioner also argues that the Commercial land use designation which would attach to the Property is incompatible with the character of the community and adjacent land uses. Petitioner also contends that the Amendment is inconsistent with several Plan provisions. Section 163.3177(2), Florida Statutes; Rule 9J-5.005(5), Florida Administrative Code. Objective A.1.3 of the FLUE requires that "[u]pon plan adoption, Putnam County shall act to eliminate or reduce uses inconsistent with the uses identified on the [FLUM] and associated adopted Goals, Objectives and Policies through implementing the following policies." Policy A.1.3.1 of the FLUE requires revision of the County's Land Development Regulations, specifically the County Zoning Code, "to reinforce its current provisions regarding the elimination of nonconforming land uses by expanding the definition of nonconforming land uses to include all uses which are inconsistent with the Future Land Use Map 2001 or cannot be made compatible with adjacent land uses. The requirements of this provision shall be enforced upon application for building permits to repair or improve such structures."7 The nonconforming use provisions of the Zoning Ordinance apply to and implement the FLUM. An automobile racetrack is not an appropriate use to put in a Rural Residential future land use category. In theory, one purpose of this land use designation is to protect residents from the intrusion of noisy racetracks which can impact an adjacent residential user. The dispute in this case is clearly framed. Petitioner contends that because the Property was designated "Rural Residential" when the County's Plan was adopted, the Speedway (racetrack) is a nonconforming use which must be restricted and eventually eliminated. Petitioner argues that the County lacks the authority to amend its FLUM to make the Speedway a conforming use under the Plan. Respondents and Florida Racing contend that the County has the authority to amend the FLUM, and acted properly in this instance in adopting the Amendment. The County has the authority to amend its FLUM, including the designations of properties as long as the designations are consistent with other provisions of the Plan and applicable provisions of Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The persuasive evidence indicates that an automobile racetrack is an allowable use in the Commercial future land use category as opposed to the Rural Residential category. If the Amendment is approved, the raceway would no longer be considered a nonconforming use for Plan purposes, and could undertake improvements without the restrictions that accompany such a use, subject to compliance with applicable zoning requirements. Stated otherwise, the racetrack could expand without complying with the nonconforming use restrictions, subject to compliance with the nonconforming standards in the Zoning Ordinance because the Property would remain a nonconforming use under the Zoning Ordinance. (Of course, a zoning change for the Property, as contemplated in the County's Staff Report, would create different considerations as noted below.) The Property is currently zoned C-2 and A, with the bulk of the property zoned agriculture.8 If the Amendment is approved, the next step would be for the Property owner to apply for a zoning change, e.g., special exception, or pursue a planned unit development. Under either scenario, the County could impose conditions on the use of the Property such as the amelioration of off-site impacts. On the other hand, if the racetrack continued as a nonconforming use, the persuasive evidence indicates that the County would be limited in establishing any further limitation on the use of the Property, such as duration and frequency of use, e.g., hours of operation and other site design issues. There is no persuasive support for the proposition that all subsequent Boards of County Commissioners are bound in every instance by the decision of one Board regarding the land use of a particular parcel. There is some evidence that leads to at least a fair inference that the designation of the racetrack site as "Rural Residential" may have been in error. The data and analysis that was used to support the original designation indicates the area including the racetrack as being "woodlands." The County planner involved in the preparation of the Plan, including the FLUM, testified that he did not know there was a racetrack on the land designated "woodlands." The FLUM was based "to a great extent" on this data, and very well may have designated the Property as "Rural Residential" by "oversight" based on the incorrect representation of the area as woodlands. Several other commercial uses exist within the immediate vicinity of the site of the Property, are similarly depicted as "woodlands" by the referenced data, and are designated "Rural Residential" on the FLUM. These parcels, too, may be nonconforming by error, and not by some deliberate choice. Whether the original designation of the Property as nonconforming was erroneous or not, the true question is what is the proper standard by which to weigh a FLUM amendment when it affects a site on which there exists a nonconforming use. Neither Chapter 163, Part II, Florida Statutes, nor Rule 9J-5, Florida Administrative Code, directs the Department to review a FLUM amendment involving a nonconforming use under some specific provisions. Such an amendment must be subjected to the same standards applicable to any FLUM amendment. The Property has been used intermittently as a racetrack for approximately 30 years. A racetrack has operated on the Property as a nonconforming use, and has the right to continue do so under applicable County land use and zoning regulations. The racetrack is, in fact, eligible to expand by 15 percent under these regulations. The County would not have some absolute right to cease racetrack operations if it remained nonconforming, and would not have unlimited authority to address noise and traffic concerns. The uncontradicted testimony is that it is likely that the racetrack would continue to operate even if it remained a nonconforming use. The County does not lose any authority to address noise and traffic by virtue of the Amendment. Credible evidence in the record indicates that the County may actually have a better ability to address these concerns should the racetrack be made a conforming use. Nevertheless, the fact that the racetrack, operated as the Speedway, currently exists in the area as a nonconforming use does not mean that the use is automatically compatible with the adjacent land uses and surrounding area or is otherwise consistent with the character of the community. The nonconforming use designation only means that the racetrack can continue to operate, not that the racetrack can achieve a potentially more useful and elevated land use status by virtue of being an existing raceway and commercial use. Otherwise, an existing nonconforming use would have greater rights to a new and more permissive land use designation than a new entrant into the marketplace. Stated otherwise, the FLUM Amendment, if approved, will further and encourage the nonconforming use rather than its eventual elimination as contemplated by the Plan and Zoning Ordinance. In this case, it is beyond fair debate that if a new automobile racetrack were proposed on the Property today, it would be inconsistent with the existing residential and conservation areas surrounding the property, notwithstanding the existence of several commercial properties in the vicinity. The only reasonable conclusion to be reached is that that the Amendment is not "in compliance."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be issued concluding that the Amendment adopted by Putnam County in Ordinance No. 2001- 33 is not "in compliance" as defined in Chapter 163, Part II, Florida Statutes, and the rules promulgated thereunder. DONE AND ENTERED this 2nd day of May, 2003, in Tallahassee, Leon County, Florida. ___________________________________ CHARLES A. STAMPELOS 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 2nd day of May, 2003.
The Issue Whether Comprehensive Plan Amendment 96-2 adopted by the County on September 24, 1996, is in compliance.
Findings Of Fact Based upon all of the evidence, including the stipulation of counsel, the following findings of fact have been determined: Background The parties Respondent, Sumter County (County), is a local government subject to the comprehensive land use planning requirements of Chapter 163, Florida Statutes. Respondent, Department of Community Affairs (DCA), is the state land planning agency charged with the responsibility of reviewing comprehensive land use plans and amendments made thereto pursuant to Part II, Chapter 163, Florida Statutes. Petitioners, T. D. Farnsworth, Russell E. Weir, Jack Burchill, Linda Latham, and Terry Forsman, own property and reside within Sumter County. Petitioner, Sumter Citizens Against Irresponsible Development, Inc. (SCAID), is an organization founded by a small group of citizens for the purposes of preserving the "rural lifestyle" of the county, preventing urban sprawl, and ensuring "that development will not be a burden to the taxpayers" of the County. Farnsworth is president of the group. By stipulation of the parties, Petitioners are affected persons within the meaning of the law and have standing to bring this action. Intervenor, Pringle Communities, Inc. (Pringle), is a Florida corporation and the potential developer of the subject property of this proceeding. Pringle submitted oral and written comments during the plan amendment review and adoption proceeding and thus has standing as an affected person to participate in this proceeding. The amendment On May 13, 1996, the County adopted plan amendment 96A01 by Ordinance No. 96-17. On November 7, 1996, the DCA published a Notice of Intent to find the amendment in compliance. Amendment 96A01 amended the Sumter County Comprehensive Plan's (the Plan) Future Land Use Map (FLUM) to revise the land use designations on approximately 510 acres of land. Specifically, the plan amendment converted the land use designation for the Pringle parcel from an Agricultural to a Planned Unit Development (PUD) land use, limited to 499 residential units. The plan amendment also revised the FLUM by extending the Urban Expansion Area to include the Pringle parcel and an adjacent parcel immediately to the north of the Pringle parcel, which had apparently been inadvertently omitted from the Urban Expansion Area in the final draft of the Plan. The data and analysis accompanying the amendment included a compatibility and land use suitability analysis, a soils analysis, an evaluation of urban sprawl related to issues, a preliminary environmental assessment, a population and housing analysis, a concurrency analysis, building permit information and analysis, and an analysis to ensure that the amendment was consistent with the adopted comprehensive plan. The data and analysis submitted up until the time the DCA issued its Notice of Intent to find amendment 96A01 in compliance, and at the final hearing, collectively demonstrate that the amendment is appropriate for the designated area. Is the Plan Amendment in Compliance? Petitioners have alleged the amendment is not in compliance for the following reasons: (a) the amendment fails to protect agricultural lands; (b) the amendment encourages urban sprawl; (c) the future land use map fails to reflect the goals, objectives, and policies of the Plan; (d) there is no demonstrated need for 510 acres of PUD land use; (e) the amendment does not demonstrate compatibility with adjacent agricultural and rural residential land uses; (f) the amendment does not provide for concurrency for adopted levels of services pursuant to the Plan; (g) the amendment does not comply with stormwater and drainage requirements of the Plan; (h) the amendment fails to satisfy the capital improvements element of the Plan; and (i) affordable housing needs are not met. These contentions will be discussed separately below. Protection of agricultural lands Under the amendment, 510 acres of land designated on the FLUM as agricultural land use will be converted to urban type uses. Petitioners contend that the amendment fails to protect agricultural land as required by Plan Objective 7.1.2 and Rule 9J-5.006(5)(g)5., Florida Administrative Code. The cited objective "establishes agriculture as the primary use outside of the urban expansion area" and "insure(s) retention of agricultural activities." If the plan amendment fails to adequately protect adjacent agricultural areas, the cited rule considers this failure to be one of the thirteen primary indicators that the amendment does not discourage the proliferation of urban sprawl. The rule and objective do not prohibit the conversion of agricultural lands to urban uses. Indeed, Plan Objective 7.1.2 and the corresponding policies allow for the conversion of suitable agricultural lands as the need for additional urban land is demonstrated. The policies also require that the conversion be done in a well planned, orderly, and logical fashion based on need and suitability. The agricultural lands being converted to urban land uses as a result of the plan amendment are appropriate for conversion. The Plan designates the Pringle parcel as an area appropriate for urban development. This determination was based on an extensive analysis of various factors including soil suitability, environmental constraints, and other planning criteria such as proximity to existing urbanized areas. In fact, the Plan contains a series of maps which specifically locate agricultural areas appropriate for conversion to urban uses, and the Pringle parcel is located within such designated areas. The evidence establishes that the conversion of agricultural land contemplated by the plan amendment was justifiable because of the extent of urban development already existing in the area and the requirement within the Plan that infrastructure be in place concurrent with development. In addition, future populations will be directed away from the remaining agricultural lands throughout the County and to the development proposed by the plan amendment. The open space required by the PUD will also serve to buffer and ensure compatibility of land covered by the plan amendment and the adjacent agricultural and rural lands. Because Rule 9J-5.006(5)(g)5., Florida Administrative Code, deals exclusively with "adjacent" agricultural land, the conversion of any agricultural uses on the Pringle parcel is not relevant to the cited rule. The Plan requires the County to retain a minimum of ninety percent of its land area in rural (agriculture, timberland, and vacant) and conservation land use. The County has no "mining" zoning or land use designation, but includes mining as an agricultural use. Including the land covered by mining permits in the County, more than ninety percent of the County's land area is maintained in rural (agriculture, timberland, and vacant) and conservation land use, even after the adoption of the amendment. In view of the above, Petitioners have not shown to the exclusion of fair debate that the plan amendment fails to protect agricultural land, either on or adjacent to the Pringle parcel. Urban sprawl In the same vein, Petitioners contend that the amendment fails to discourage urban sprawl because it converts 510 acres of agricultural land to urban uses. In support of this contention, they cite a number of provisions within Chapter 9J-5, Florida Administrative Code, all dealing with urban sprawl, which have allegedly been violated. Petitioners also allege the multiplier for the plan amendment is in excess of 1.25, which is an indicator of urban sprawl, and no future public facilities and services are planned for the lands covered by the amendment prior to its adoption. The plan amendment includes an evaluation of urban sprawl. That evaluation references Plan Policy 7.1.2.5(a), which was adopted by the County specifically as a mechanism for discouraging urban sprawl. A review of that policy indicates that, for a PUD to be allowed in an agricultural land use area, it must score at least 50 points, applying a point system based on factors including, but not limited to, proximity to the urban expansion area, proximity to urban services, including water, sewer, and roads, and proximity to other services such as fire protection and emergency medical services. If a proposed amendment or PUD fails to score 50 points, it is deemed to encourage urban sprawl and would not be approved by the County. Amendment 96A01 scored 100 points, well in excess of the 50-point threshold. While the point system does not apply directly because the amendment alters the Urban Expansion Area to include the Pringle parcel, it is evidence that the amendment does not fail to discourage urban sprawl. In addition to satisfying Plan Policy 7.1.2.5.(a), the plan amendment is consistent with Future Land Use maps VII-18a and VII-18c, which are the future land use constrained area overlay and urban sprawl evaluation overlay, respectively. As the Plan data and analysis indicate, these maps were prepared for the purpose of directing urban development into areas most suitable for such development. Map VII-18a demonstrates that the land included in the plan amendment has only slight limitations in regard to urban sprawl. If the amendment allows a strip development, this is another of the thirteen primary indicators that an amendment may fail to discourage urban sprawl. The evidence shows, however, that the subject property is not a strip development because it is not a linear development that runs parallel to a highway. Finally, the PUD mixed land use category adopted by the plan amendment is a planning method specifically recognized by Rule 9J-5.006(5)(1), Florida Administrative Code, as a method of discouraging urban sprawl. Indeed, the rule provides in part that: mixed use development . . . will be recognized as [a method] 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. Because the PUD adopted by the amendment is designed to provide a mix of land uses, the amendment does not fail to encourage an attractive and functional mix of uses. Given the above, it is found that Petitioners have not shown to the exclusion of fair debate that the plan amendment encourages urban sprawl. Demonstrated need and adequate data Petitioners allege the plan amendment "fails to provide demonstrated need" as required by various provisions within Chapter 9J-5, Florida Administrative Code. They further allege amendment 96A01 "is not based upon adequate surveys, studies, or data regarding the amount of land needed to accommodate anticipated growth." Initially, it is noted that the data and analysis in the plan are not subject to the compliance review process. Section 163.3177(10)(e), Florida Statutes, authorizes the DCA in a compliance review to determine only if the plan or plan amendment is based on appropriate data and analysis and whether the data was collected in a professionally acceptable manner. Planning methodologies used in analysis of the data, such as the calculation of a multiplier, must also be prepared in a professionally acceptable manner. Demonstrated need is only a subset of one of the thirteen primary indicators that an amendment or plan may fail to discourage urban sprawl. Rule RJ-5.006(5)(g)1, Florida Administrative Code, lists as one of the thirteen indicators whether the amendment: [p]romotes, 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. (Emphasis added) The thirteen primary indicators are evaluated as a whole, not as a "one strike and you're out" list, to determine one aspect of compliance -- whether the amendment fails to discourage the proliferation of urban sprawl. "Multipliers" are a planning tool generally utilized by professional planners to aid in determining the need for additional allowable densities. Multipliers are generally expressed as a percentage or ratio of the estimated population in a given time period compared with the total residential units allowed by the comprehensive plan. For example, a multiplier of 2.0 would mean that, over the particular planning time frame, there existed twice as many residential units allocated as the population projections estimated would be utilized. At hearing, Petitioners raised issues concerning the methodology used in calculating the County's residential land use allocation multiplier and contended (a) seasonal population and planned federal prison expansions contained within the approved Plan were in error and therefore should not be used to support the amendment; (b) the agricultural land use acreage should be included in the multiplier calculation; and (c) the PUD maximum allowable density of eight units per acre should be used to calculate the multiplier rather than the approved density of just under one unit per acre. The preparation of the multiplier in issue came as a result of the DCA's Objections, Recommendations, and Comments (ORC) report and preparation for the hearing in this matter. The ORC report recommended that the County provide data and analysis which demonstrated that the land use change requested in the plan amendment was based on the amount of additional land needed to accommodate the projected population. Based on historic data, the County utilized a multiplier which had been calculated in 1995 in Case No. 94-6974GM, judicial recognition of which was taken in this hearing. In that case, the multiplier depicted the allocation of residential land countywide. The multiplier was 1.87, which means that the County allocated residential land uses approximately eighty-seven percent above its demonstrated need for the planning period. The evidence shows that, in order to allow some degree of development flexibility, a local government will routinely allocate more land than is actually needed. Indeed, a multiplier of 1.87 is low when compared to the other multipliers found in compliance in adjacent local governments as well as in other local governments statewide. In an effort to provide a more accurate multiplier, prior to the hearing, utilizing data available when the amendment was adopted, the County recalculated the multiplier and determined the updated multiplier to be 1.3. The County's calculation of a multiplier excludes agricultural land from consideration, in order to protect agricultural lands as required by the Plan. In some rapidly urbanizing jurisdictions vacant land labeled agricultural or rural on a future land use map may simply be future development land. However, the County has as one of its primary land use goals to protect agricultural land. To include agricultural land use acreage in the multiplier calculation could lead to an under- allocation of density which would jeopardize agricultural land by encouraging development in the very areas the plan is designed to protect. The DCA has utilized multiplier calculations in other counties that do not include agricultural lands. Therefore, because of the unique situation of the County and its land use plan's emphasis on protecting agricultural land, in this case it is professionally acceptable to exclude agricultural land from the multiplier calculation. In the County, PUD is a land use category rather than merely a zoning category as in many other jurisdictions. The effect of that designation is to limit the density of the development by land use designation to 499 units. Any increase in the density or intensity of the development would require a land use plan amendment. Consequently, when calculating the multiplier, the density approved for this PUD (499 units) should be utilized rather than the PUD maximum allowable density of eight units per acre. Petitioners developed a multiplier of their own of 4.1. However, they failed to show that the County's multiplier was not developed in a professionally acceptable manner. Intervenor's marketing scheme for its residential developments is directed at persons moving to Florida from other states. Intervenor plans to use the same marketing scheme for the Pringle parcel, and most residents are not expected to be from the County. The proposed development, along with the Villages development in the northeast section of the County, which is subject to age restrictions which limit its availability to families, is a new type of development for the County. This new population was not taken into account in the original comprehensive plan which also had a low multiplier. Therefore, the need for residential allocation for this new population was not addressed. Between 1992 and 1996, the federal prison facility located near the Pringle property hired new employees, many of whom relocated from outside the area. However, the vast majority of these immigrants located outside of the County because of a lack of available appropriate housing. The federal prison facility is to be expanded in the near future, with the next phase to employ approximately 250 new employees. This expansion has already been funded by the federal government. Although the federal prison and its expansions were contemplated as part of the Plan adoption process, the impact of the federal prison and its expansions were not included in the population projections as calculated in the Plan. The seasonal population of the County was not included in the Plan's population projection. Rule 9J-5.005(2)(e), Florida Administrative Code, requires both resident and seasonal population estimates be used to determine population estimates for plan and plan amendment purposes. Therefore, the seasonal population estimate and the impact of the federal prison should be included in determining need. Given these considerations, Petitioners have not shown to the exclusion of fair debate that the plan amendment was not based on a demonstrated need, or was not adequately supported by data and analysis. Compatibility with adjacent agricultural lands Petitioners have also alleged the County has not demonstrated compatibility with adjacent agricultural and rural residential land uses. The Plan allows for the well planned conversion of agricultural lands in the County. One of the requirements of the Plan's PUD provisions is that PUD development be buffered from adjacent lands and contain open space. The purpose of this provision is to ensure compatibility. A review of the PUD application and Master Development Plan, both incorporated into the plan amendment, shows that the Pringle development will provide approximately 225 acres of open space. Much of this open space, as required by the Plan, will act as a buffer between the development and the adjacent agricultural and rural land uses. The project will also cluster its development, which serves to separate the more urban development from the adjacent agricultural and rural uses. In view of these considerations, it is found that Petitioners have not shown to the exclusion of fair debate that the plan amendment is incompatible with adjacent agricultural land uses. Level of services In their Petition, Petitioners assert that amendment 96A01 violates Plan Objective 7.1.6, Policy 7.1.6.1, Objective 8.1.1, and Policy 8.1.1.1, Rules 9J-5.005(3), 9J-5.011(2)c., and 9J-5.015(3)(b)1., Florida Administrative Code, and Section 187.201(16)(b)6., Florida Statutes, pertaining specifically or generally to levels of service for recreational facilities, schools, fire protection, emergency medical services, stormwater, and flooding. The stated policies and rules require adoption and adherence to specific levels of service prior to development of land. The amount of facilities required is based on population. Under the Plan, the County must take the necessary steps to insure the availability of these facilities. The development order in this case also requires the developer to provide for adequate public facilities. Petitioners offered no testimony, exhibits, or evidence regarding the following: Plan Objective 7.16, as alleged in paragraph 15.F. of their petition; Objectives 4.4.1, 4.5.1, and 4.5.2, and Policies 4.4.1.1, 4.4.1.2, 4.4.1.3, 4.5.1.2, and 4.5.2.1, as alleged in paragraph 15.G of their petition; Objective 8.1.1, as alleged in paragraph 15H of their petition; and Objective 1.3.5, as alleged in paragraph 15.I of their petition. Petitioners also specifically stated they are not contesting any issues regarding flooding. In view of this lack of presentation of evidence, Petitioners have failed to show to the exclusion of reasonable debate that the plan amendment is inconsistent with any of the above Plan Objectives and Policies.
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 Plan Amendment 96-2 adopted by Sumter County by Ordinance Number 96-17 on September 24, 1996, to be in compliance. DONE AND ENTERED this 26th day of February, 1998, in Tallahassee, Leon County, Florida. 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 Filed with the Clerk of the Division of Administrative Hearings this 26th day of February, 1998. COPIES FURNISHED: James F. Murley, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jane M. Gordon Environmental and Land Use Law Center 3305 College Avenue Fort Lauderdale, Florida 33314 T. Daniel Farnsworth 12364 County Road 223 Oxford, Florida 34484 Kathleen R. Fowler, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Felix M. Adams, Esquire 236 North Main Street Bushnell, Florida 33513-5928 Jimmy D. Crawford, Esquire Post Office Box 492460 Leesburg, Florida 34749-2460 Stephanie Gehres Kruer, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard 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
Findings Of Fact Based upon all of the evidence, including the stipulation of counsel, the following findings of fact are determined: Background The parties Respondent, Jefferson County (County), is a local governmental unit subject to the land use planning requirements of Chapter 163, Florida Statutes. That chapter is administered by respondent, Department of Community Affairs (DCA). The DCA is charged with the responsibility of reviewing comprehensive growth management plans and amendments thereto. At issue in this case is a plan amendment adopted by the County. Petitioner, Jack Hamilton, is a resident of Jefferson County. He owns and operates a nursery, orchard and cattle operation on his property on the east side of Highway 19, approximately two miles north of Monticello, Florida. The land, which is approximately 135 acres in size, is presently designated in a land use category known as Agriculture 2. For the last twenty years or so, the Jefferson Nursing Center (JNC), a nursing home, has been situated on a seven acre parcel of land surrounded on three sides by petitioner's property. Here, petitioner challenges a plan amendment which allows nursing homes, including JNC, in the Agriculture 2 category. The parties have stipulated that petitioner is an affected person within the meaning of the law and thus he has standing to bring this action. The nature of the dispute The County adopted its comprehensive plan (plan) on July 19, 1990. Through inadvertence, in the original plan, institutional uses such as churches, schools, nursing homes, parks and recreation areas were not specifically allowed as permitted uses in any residential or agriculture district even though such uses were commonly found in both types of districts. Even so, on an undisclosed date, the plan was determined by the DCA to be in compliance. On April 1, 1994, the County submitted to the DCA various amendments relating to a proposed petroleum pipeline project. During the course of preparing those amendments, the County became concerned for the status of all of the existing churches, nursing homes, schools, and other institutional uses in the County, because of their not being specifically mentioned in the plan. To avoid any question about the status of these uses and their treatment in the Land Development Code, which implements the plan, the County included an amendment to Future Land Use Element (FLUE) Policy 5-9 to provide for the adoption of land development regulations to permit all public land uses. On June 8, 1994, the DCA issued its Objections, Recommendations, and Comments (ORC) Report concerning the proposed public land uses amendment. Among other things, the DCA determined that the language in the amendment was too broad. In response to the ORC, on August 3, 1994, the County adopted revised Ordinance 94-10, which amended the comprehensive plan to add a Public Facilities Land Use District, adopt a Public Facilities Land Use Map, and adopt a List of Public Facilities. Under this amendment, only existing public uses were included within the district, and these were specifically identified on a series of maps and a List of Public Facilities, both of which were included as part of the plan amendment. On September 26, 1994, the DCA issued its Notice of Intent to find Ordinance No. 94-10 not in compliance with Chapter 163, Florida Statutes. This determination was based in part on the fact that the amendment did not sufficiently detail what land use regulations and restrictions would apply in the district. On March 28, 1995, the County submitted to the DCA for its review a proposed ordinance repealing Ordinance 94-10 and amending the County's comprehensive plan to add a Public Facilities Land Use Overlay District, adopt a Public Land Use Map, and adopt a List of Public Facilities. This proposed amendment provided that the current land use district designation, and all applicable regulations for that district, would continue to apply to lands included within the overlay district. It also provided standards for any future additions to the overlay district. On June 2, 1995, the DCA issued its ORC Report concerning the proposed Public Facilities Land Use Overlay District amendment in which it continued to object to the proposed district. In response to the ORC, and after consulting with the DCA, on July 20, 1995, the County adopted Ordinance No. 95-07. That ordinance repealed Ordinance No. 94-10 and amended the comprehensive plan to allow (a) churches in all land use categories except Conservation District and (b) adult care facilities, day care facilities, and nursing homes in any land use district that allows residential use. Ordinance No. 95-07 was not adopted pursuant to a compliance agreement. On September 7, 1995, the DCA issued its Notice of Intent to find Ordinance No. 95-07 in compliance. Petitioner timely filed his appeal of the DCA's determination that Ordinance No. 95-07 was in compliance. As amended, the petition contends that the plan amendment is not supported by adequate data and analysis, lacks standards pertaining to density and intensity of development for nursing homes, and is internally inconsistent with the plan. As such, he contends the amendment is arbitrary and capricious, and not fairly debatable. Although the issues in the case have been framed by petitioner in this manner, in simple terms his primary concern is that nursing homes, and specifically JNC, are incompatible with agricultural uses and do not belong in the Agricultural 2 land use category. The Plan Amendment Identification and adequacy of data and analysis When it forwarded Ordinance No. 95-07 to the DCA for review, the County did not specify in its transmittal letter what data and analyses it was relying on to support the amendment. In an earlier telephone conversation between the County planner and the DCA, however, the County indicated that it was relying on the existing data and analysis originally submitted with its comprehensive plan. The DCA established that this is not unusual and is an acceptable practice for smaller counties. Indeed, there is nothing in Chapter 9J-5, Florida Administrative Code, which requires that the identification of the supporting data and analysis be conveyed to the DCA in writing. Jefferson County is a small, rural county with only one person in its planning department. For counties with limited technical staff, the DCA normally provides technical support, and it customarily reviews the plan and existing data and analysis to identify those portions of the documents which are relevant to, and support, a plan amendment. Thus, in accordance with its practice for smaller counties, the DCA did not require the County to make a complete assessment of the plan and point out various page and reference numbers, but instead it performed that task. There was no showing that petitioner, or any other member of the public, was prejudiced in any respect by the DCA doing this. Besides the existing plan data and analysis, the DCA also had in its files the map and list specifically identifying each public use existing in the County and its location, including all churches, day care facilities, and nursing homes. The map and list were available at the public hearings which culminated in the adoption of Ordinance 95-07, and identified JNC within the Agriculture 2 district. Petitioner, who was a long-time member of the County Planning Commission, attended those hearings. There is no evidence that he, or any other member of the public, was unable to participate in the amendment process in a meaningful way. In determining the text amendments to be in compliance, the DCA relied upon certain data in the plan, including the existing population survey, soil survey and soil suitability data; a table comparing population composition showing the population existing and the need for elderly housing; the silviculture map as a factor in determining site suitability; the land use map showing the general overview of all land use types in the County; an analysis of the uses in the different land use categories; and a map plat showing petitioner's property, the location of the JNC, the proximity of two mixed-use business/residential areas to the north and south, and the residential densities in the area. The DCA also considered policies in the traffic circulation and transportation elements of the plan, a table of existing traffic conditions, existing housing data, an inventory of group homes, and special housing needs within the County, including housing for the elderly. Finally, the DCA considered Housing Element Policy 5-3 and Objective The policy provides that the County shall establish nondiscriminatory standards and criteria addressing the location of group homes and foster care facilities as well as other special needs housing. The objective calls for adequate sites for group homes and facilities in residential areas or other appropriate areas of residential character. Petitioner's expert concedes that nothing prohibits the County from adopting an amendment which allows nursing homes in an agricultural district so long as adequate data and analysis are present, and appropriate nonresidential intensity standards are found in the plan. Given the foregoing data and analysis, it is found that petitioner has failed to prove to the exclusion of fair debate that the plan amendment lacks adequate data and analysis. Compatibility of uses Petitioner has also contended that the plan amendment allows uses (nursing homes) which are incompatible with agricultural uses. In this regard, petitioner offered his lay opinion that nursing homes are incompatible with agriculture uses because in the event of a problem during normal agricultural operations, such as a shift in the wind direction during burning or crop spraying, bedridden nursing home patients cannot be easily transported out of harm's way. With appropriate site planning features, petitioner's expert agreed that nursing homes are not inherently incompatible with agricultural land uses. The Code contains such site design criteria which are designed to eliminate or minimize incompatibilities. For example, it contains provisions regarding setbacks, a site planning process, and screening and buffering requirements. The fact that petitioner's agricultural operation and JNC have coexisted for more than twenty years is some evidence that the uses are or can be compatible. The County's proposed amendment to allow adult care facilities, day care facilities and nursing homes in the Agriculture 2 land use category is not inconsistent with any other objective or policy, is found to be fairly debatable, and is therefore in compliance. Density and intensity standards The law (s.163.3177(6)(a), F.S.) requires that comprehensive plans contain density and intensity standards for each land use. Petitioner contends that, notwithstanding this statutory requirement, there are no standards in the amendment or the comprehensive plan for density or intensity of development of nursing homes in the Agriculture 2 land use category. It is noted that the Agriculture 2 land use district description in Policy 1-3 of the FLUE provides a residential density but does not contain an intensity standard. FLUE Objective 1 provides, however, that "(f)uture growth and development shall continue to be managed using the County Development Code," which was adopted in April 1981. That Code spells out densities and intensities for each area. The objective further directs that the regulations be revised to address issues identified in Section 163.3203, Florida Statutes, compatibility of uses, and incentives to upgrade infrastructure. In addition, FLUE Policy 6-2 provides that the development review and approval process in the Code be the vehicle for limiting densities and intensities of development consistent with the availability of infrastructure. This policy has already been determined to be "in compliance" with Chapter 163, Florida Statutes. Rule 9J-5.005(8)(j), Florida Administrative Code, authorizes a local government to include in its comprehensive plan documents adopted by reference but not incorporated verbatim into the plan. In this case, the County adopted in its Code specific land development regulations governing growth and development, including density and intensity standards. There was no evidence that the Code fails to meet the statutory requirement that densities and intensities be included in the plan. Indeed, as a general rule, comprehensive plans in Florida either specifically describe all of the particular uses allowed in each district, or they generally describe such uses and let the particular uses to be allowed be determined in land development regulations. Here, the County has opted for the second type. This being so, it is found that petitioner has failed to establish to the exclusion of fair debate that the plan and plan amendment lack appropriate standards governing densities and intensities.
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 the County plan amendment adopted by Ordinance No. 95-07 to be in compliance. DONE AND ENTERED this 17th day of October, 1996, in Tallahassee, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 1996. COPIES FURNISHED: James F. Murley, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 100 Tallahassee, Florida 32399-2100 Vance W. Kidder, Esquire 149 Carr Lane Tallahassee, Florida 32312-9032 Sherry A. Spiers, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 315 Tallahassee, Florida 32399-2100 Stephanie M. Gehres, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard, Suite 325-A Tallahassee, Florida 32399-2100 David La Croix, Esquire 521 West Olympia Avenue Punta Gorda, Florida 33950-4851
