The Issue The issue in these cases is whether amendments to the City of Stuart's comprehensive plan, designated amendments 97-S1, 97-1, 98-R1, and 98-ER1 by the Department of Community Affairs, are "in compliance" as defined in Section 163.3184(1)(b), Florida Statutes.
Findings Of Fact The Parties. Petitioner, Board of County Commissioners of Martin County (hereinafter referred to as "Martin County"), is a political subdivision of the State of Florida. Petitioner, 1000 Friends of Florida, Inc. (hereinafter referred to as "1000 Friends"), is a Florida not-for-profit corporation. The corporate purpose of 1000 Friends includes monitoring and ensuring the proper implementation of the State's growth management laws. Respondent, City of Stuart (hereinafter referred to as the "City"), is a municipal corporation located within Martin County. Respondent/Intervenor, the Department of Community Affairs (hereinafter referred to as the "Department"), is an agency of the State of Florida. The Department is charged with responsibility for, among other things, the review of local government comprehensive plans and amendments thereto pursuant to Part II, Chapter 163, Florida Statutes (hereinafter referred to as the "Act"). No evidence concerning Intervenor, Hospice Foundation of Martin & St. Lucie, Inc., was presented. Standing. Martin County owns real property located within the jurisdiction of the City. Although Martin County is also an "adjoining local government," the evidence failed to prove that the amendments at issue in these cases will produce "substantial impacts" on the increased need for publicly funded infrastructure or substantial impacts on areas designated for protection or special treatment within Martin County's jurisdiction. There has been a negative impact on Martin County's ad valorem tax base by the annexation of properties formerly under its jurisdiction. Those impacts, however, were caused by the annexation of the properties and not by the amendments at issue in this case. Additionally, those impacts did not cause any need for "publicly funded infrastructure." There may also be some impact as a result in the change in land use designations for some of the annexed property. Martin County's conclusion about the extent of the increase in commercial uses, however, was not supported by the evidence. The evidence also failed to prove that any of the text amendments at issue in these cases will have a negative impact on Martin County's need to provide publicly funded infrastructure. The evidence also failed to prove that the reduction of land subject to Martin County's municipal service taxing district and any resulting decrease in taxable values with the district will cause Martin County to provide additional publicly funded infrastructure. Finally, the evidence failed to prove that Martin County has designated any areas "for protection or special treatment within their jurisdiction" or that there will any "substantial impact" on such areas. Martin County made oral and written comments to the City during the adoption of the amendments at issue in these cases. 1000 Friends, since its formation, has had approximately 6,000 members in Florida. Members from Martin County and the City have totaled approximately 835 and 235 persons, respectively. Martin County and City members constitute a substantial percentage of 1000 Friends' total membership. 1000 Friends' corporate purposes include the representation of its members in legal and administrative proceedings involving the Act. 1000 Friends' litigation committee specifically authorized its participation in these proceedings. The type of relief sought by 1000 Friends in these cases is the type of relief 1000 Friends is authorized to seek on behalf of its members. 1000 Friends made written comments to the City during the adoption of certain large scale amendments to the Future Land Use Map of the City's comprehensive plan and amendments to the City's comprehensive plan adopted as a result of the City's Evaluation and Appraisal Report. Martin County and 1000 Friends are "affected persons" as defined in Section 163.3184(1)(a), Florida Statutes. 1000 Friends' standing is limited, however, to standing to challenge certain large scale amendments to the Future Land Use Map of the City's comprehensive plan and text amendments to the City's comprehensive plan adopted as a result of the City's Evaluation and Appraisal Report. Intervenor, Hospice Foundation of Martin & St. Lucie, Inc., failed to prove its has standing to participate in this proceeding. General Information About Martin County and the City. Martin County is a relatively small county located in the central southeast portion of Florida. Martin County is abutted on the north by St. Lucie County, on the west by Lake Okeechobee and a small portion of Okeechobee and Glades Counties, on the south by Palm Beach County, and on the east by the Atlantic Ocean. Martin County has a population of approximately 118,000 permanent residents. The population increases by 32 to 34 percent during the fall and winter. Martin County has the third highest per capita income in Florida. There are four municipalities in Martin County, including the City. The City is located on the Atlantic Ocean at the mouth of the St. Lucie River, which divides the City into two land masses. Most of the City is located south and east of the St. Lucie River. A small part of the City is located just to the north of the St. Lucie River. The north and south portions of the City are connected by the Roosevelt Bridge. The City is connected to Palm City to the west by the Palm City Bridge. The City has a population of approximately 14,000. During the day the population of the City increases significantly to an estimated population of between 25,000 and 30,000. Because of the City's relatively small population and the large influx of persons traveling to the City during the day, the City has a need for a significant amount of ad valorem taxes. More than half of the City's ad valorem property taxes comes from commercial property located in the City. In November 1996 commercial land use in the City accounted for approximately 24 percent of the City's land area. The City is the only full-service incorporated municipality in Martin County. It is the county seat for Martin County and serves as the center of legal, medical, social, commercial, and governmental activities in Martin County. The City has recently characterized itself as follows: For most of its history the character of Stuart was one of low to moderate intensity development in a waterfront community, with a small town feel. A four-story height limit and 10-unit density limit for most residential building were the two main forces that continue this character. In addition, Stuart has long been a hub for Martin County, home to many public and private institutions and businesses. As a result, the percentage of commercial, institutional, and public land in the City was higher than it would be in a city that did not serve as a hub. This role was evident in 1991, and a balance between the residential needs of the citizens of Stuart and the sometimes competing, sometimes complementary needs of those hub-related land uses seemed to drive the 1991 Future Land Use Element. It was recognized at Plan adoption that Stuart was near build-out, and barring further major annexations, would have limited vacant land remaining for new development. City's Evaluation and Appraisal Report, Martin County Exhibit 11 at page 33. Prior to 1997, approximately 2,800 acres of land were located within the jurisdiction of the City. Compared to the rest of Martin County, the City is relatively modest economically. Per capita income in the City is approximately 80 percent of the Martin County-wide average per capita income. Housing in the City consists of approximately 6,300 units. Two-thirds of the City's housing stock is multi-family. Approximately 92 percent of the multi-family housing stock is valued at less than $70,000.00. Approximately 69 percent of the other third of the City's housing stock, which consists of single-family housing, is valued at less than $70,000.00. The median value of owner-occupied housing in the City has been growing at a much slower rate than Martin County, neighboring counties, and the State as a whole. Between 1980 and 1990, the median value of owner-occupied housing in the City increased 56 percent while in Martin County the median value increased 112 percent, in Indian River County 69 percent, in Palm Beach County 77 percent, in St. Lucie County 66 percent, and in the State of Florida 68 percent. Because of the relatively low value of the City's housing stock, ad valorem taxes generated from housing is relatively low. The U.S. 1 Corridor. One of the main thoroughfares in Martin County is United States Highway 1, "Southeast Federal Highway" (hereinafter referred to as "U.S. 1"). U.S. 1 runs north-south through the City. It crosses the St. Lucie River via the Roosevelt Bridge. Land located within unincorporated Martin County along U.S. 1 north of the Roosevelt Bridge almost to the St. Lucie County line is mostly developed or approved for development. Development includes major retail stores such as Target, Sports Authority, Barnes & Noble Bookstore, Office Max, Marshall's, Service Merchandise, PetSmart, Home Depot, Lowe's Home Improvement Center, and grocery stores. There are also many smaller retailers located in strip commercial shopping centers. Most of the development has been permitted during the past five to six years by Martin County. The area to the west and northwest of property annexed by the City north of the Roosevelt Bridge during 1997 and 1998 includes Treasure Coast Mall, strip shopping centers, offices, restaurants, and single-family housing at a density of four to five units per acre. The area to the east and northeast of the property annexed by the City north of the Roosevelt Bridge includes single-family housing at a density of four units per acre, multi- family housing, and commercial and industrial property. The area to the north of the property annexed by the City north of the Roosevelt Bridge includes a development of regional impact known as "West Jensen." West Jensen runs from Jensen Beach Boulevard north to the St. Lucie County line. By 2003, when the project is projected to be fully developed, West Jensen will include 260,000 square feet of limited industrial space, 729,000 square feet of general commercial space, 23,000 square feet of limited commercial space, 235,000 square feet of office space, 200 hotel rooms, 931 residential units, and four golf courses. The area to the immediate south of the City is fully developed. Along U.S. 1 there are large shopping centers, restaurants, car dealerships, strip shopping centers, single-family housing of four to five units per acre, and condominiums. The Martin County Airport abuts U.S. 1 on the east. The area to the west of the City, Palm City, is fully developed. Growth of the City Through Annexation. To the extent that the City grew during the 1970's, it did so through annexation. Subsequent to the 1970's, however, the City turned from annexation and focused on redevelopment of the City's downtown area and the eastern part of the City. Between 1988 and November 1996, the City only annexed 298 acres in 30 annexations. This amounted to an increase of only 18 percent in the geographic size of the City. Subsequent to late 1995, the City shifted its policy back to annexation as a means of growth. Of the 30 annexations the City was involved in between 1988 and November 1996, 19 took place in October 1995. In approximately 1996, the City performed an analysis of its projected revenues and expenditures through the year 2003. The City projected that its revenues would be less than its expenditures. Based upon more recent projections, which take into account recent City annexations, the City has projected that its revenues and expenditures should be about the same for the next eight to nine years. The City has projected that its revenues will increase as a result of ad valorem and sales taxes and other revenues which should be generated from the newly annexed properties. During the Spring of 1997, the City received a number of requests for voluntary annexation pursuant to Chapter 171, Florida Statutes. These requests were accepted by the City and the first 16 parcels were annexed in the Spring of 1997. During 1998, another 27 parcels were annexed through voluntary annexation. Between the spring of 1997, and the end of 1998 the City annexed a total of almost 1,200 acres, increasing the geographic area of the city by 48 percent. The City annexed 254.8 acres in 1997 and 934 acres in 1998. The first requests for voluntary annexations began shortly after Martin County determined that certain roads had no more capacity to sustain further growth. As a consequence of this determination, Martin County imposed a moratorium on new development that would impact U.S. 1 north of the Roosevelt Bridge and the area west of the City on the other side of the Palm City Bridge. Some of the parcels annexed by the City in 1997 and 1998, could not be developed because of the transportation concurrency problem Martin County determined it had. Although there was no direct testimony from owners of parcels annexed by the City during 1997 and 1998, as to the reason they sought voluntary annexation of their property by the City, it is clear that at least some of the voluntary annexations were influenced by Martin County's moratorium and the hope of property owners that the City would take sufficient actions to resolve the transportation concurrency problem on U.S. 1 to allow owners to develop their property. More significantly, the annexations were probably influenced by a perception of property owners that obtaining approval for development from Martin County was a more difficult process generally than obtaining approval through the City. During 1997, the level of service (hereinafter referred to as "LOS") standard selected by Martin County for roads under its jurisdiction was a LOS D. While the City ultimately modified its LOS for roads impacted by development of some of the parcels annexed during 1997 and 1998, the evidence failed to prove that the City's modifications were not based upon reasonable planning principles. The 1997 Small Scale Amendments. The City did not determine specifically how the 16 parcels it annexed during 1997 would impact the City of Stuart's Comprehensive Plan (hereinafter referred to as the "City's Plan") before it accepted the voluntary annexations. Pursuant to Section 171.062(2), Florida Statutes, the 16 parcels the City annexed in 1997 remained subject to the Martin County Comprehensive Plan (hereinafter referred to as the "County Plan") and Martin County's land development regulations until the City amended the City's Plan to incorporate the parcels into the City. In particular, the parcels remained subject to the County Plan until the City amended the City's Plan to assign appropriate land uses to the annexed parcels. Therefore, as the parcels were annexed, the City undertook efforts to amend the City's Plan to assign appropriate land use designations to the parcels. The first nine of the 16 parcels annexed by the City during 1997 took place on September 8, 1997. The parcels were annexed pursuant to the voluntary annexation procedure of Section 171.044, Florida Statutes. Each of the nine parcels consisted of less than ten acres of land. Simultaneously with the annexation of the parcels, the City adopted ten small scale amendments to the Future Land Use Map (hereinafter referred to as the "FLUM") of the City's Plan assigning land use designations under the City's Plan to the parcels. The small scale amendments adopted by the City on September 8, 1997 (hereinafter referred to as "1997 Small Scale Amendments"), were designated Amendments 97S-1 by the Department. The Department did not, however, review the amendments because they constituted small scale amendments exempt from review by the Department pursuant to Section 163.3187, Florida Statutes. On October 8, 1997, Martin County filed a Petition for Formal Administrative Hearing with the Division of Administrative Hearings contending that nine of the 1997 Small Scale Amendments were not "in compliance" as those terms are defined in Section 163.3184(1)(b), Florida Statutes. The Petition was designated Case No. 97-4582GM. 1000 Friends did not challenge the 1997 Small Scale Amendments or intervene in Case No. 97-4582GM. Martin County alleged that the 1997 Small Scale Amendments were not "in compliance" because: They are not supported by data and analysis; They were adopted without adequate intergovernmental coordination; They are internally inconsistent with the City's Plan; They do not discourage urban sprawl; They do not adequately protect natural resources; They cannot be accommodated by existing and planned infrastructure; They are inconsistent with Sections 163.3187(c)(1)(c) [sic] and 163.3187(c)(3)(c) [sic], Florida Statutes; They are inconsistent with the State Comprehensive Plan, Chapter 187, Florida Statutes; They are inconsistent with the Strategic Regional Policy Plan for the Treasure Coast; and They are inconsistent Chapter 9J-5, Florida Administrative Code. The land use designations assigned to the parcels to which the 1997 Small Scale Amendments apply were determined by the City based upon a consideration of the existing uses of the properties, existing and future land use designations of surrounding properties, natural resources on the properties, development trends in the area, analysis of infrastructure availability, and land use designation of Martin County for the properties. In two instances, the Kornbluh and Luce properties, the City's land use designations were virtually the same as Martin County's. Modifications to Martin County's land use designations for the properties were based upon consideration of existing non-conforming land uses of the properties and existing patterns of development in the area. Modifications in Martin County land use designations were based upon sound planning principles. The following findings of fact (with paragraph numbers, footnotes, and citations omitted) were recommended by the City in its Proposed Order. These findings accurately describe the parcels to which the 1997 Small Scale Amendments relate and the rationale for the land use designations assigned to the parcels by the City: Kornbluh property (Parcel 1) This parcel consists of 1.4 acres. In the County, approximately half of the parcel was designated commercial/residential (COR), and the other half commercial. The parcel is surrounded by commercial land use to the north, south, east and west, and a portion of the western boundary abuts existing developed low density residential. The City has given it a land use designation of commercial pursuant to Ordinance No. 1482-97. There is no substantive difference between the County's land use designation for the Kornbluh property and the City's land use designation. The same types of uses are permitted in both, such as gas stations, restaurants, bars, professional offices, veterinary offices, and other retail and commercial uses. 1st Christian Church property This parcel consists of approximately 2.8 acres and has an existing church on the property. In the County, the land use designation was low density residential. The property abuts some commercial property, some vacant property that was low density residential in the County but which has been changed to neighborhood special district in the City, a mobile home park, and some vacant land designated a medium density residential. Because the land has an existing church on the property, the City determined that institutional was a more appropriate land use designation. Thus, the City adopted an ordinance giving the property a land use designation of institutional pursuant to Ordinance No. 1494-97. City Cemetery property (Parcel 7) This parcel consists of 2.06 acres. Part of the property is used as a cemetery and the other part is vacant. In the County, the land use designation was commercial general. The City has given that part of the property that is used as a cemetery a land use designation of institutional pursuant to Ordinance No. 1501.97 and the vacant part a designation of commercial pursuant to Ordinance No. 1502.97. The City Cemetery property is at the intersection of Colorado Avenue and Monterey Road which is one of the most developed intersections in all of Martin County. The property is surrounded by commercial development and also a mobile home park. Luce property (Parcel 8) This parcel consists of approximately 4 acres. In the County, the land use designation was commercial. The City has given it a land use designation of commercial pursuant to Ordinance No. 1506-97. There is no difference between the City's and County's land use designation. The City considered a commercial land use designation as appropriate for the Luce property based on the existing use of the property and the surrounding land uses. Specifically, half of the property is currently used as a produce market and the property abuts commercial land use to the north and to the west. To the east, it abuts the old City landfill which is currently closed and to the south it abuts the Martin County jail. Mush property (Parcel 9A) This parcel consists of approximately 3 acres and is fully developed. In the County, the land use designation was industrial. The City has given it a land use designation of commercial pursuant to Ordinance No. 1509-97. The City considered the commercial land use designation as appropriate for the Mush property because it is fully developed as a contractor's showcase office. In addition, the surrounding land uses are commercial to the north and west and industrial to the south and east. The City's land use designation of commercial is more restrictive than the County's land use designation of industrial. The County's industrial designation allows both industrial types of uses and commercial uses, such as a gas stations, professional offices, retail buildings, etc. The City's land use designation of commercial does not allow industrial uses. Treasure Coast Auction House property (Parcel 9B) This parcel consists of approximately 5½ acres and is fully developed. In the County, the land use designation was industrial. The City has given it a land use designation of commercial pursuant to Ordinance No. 1512-97. The City considered the commercial land use designation as appropriate for the Treasure Coast Auction House property because it is fully developed as a Scotty's store. In addition, the surrounding land uses are commercial to the north and west and industrial to the south and east. As explained above in the findings of fact regarding the Mush property (9-A), the City's land use designation of commercial is more restrictive than the County's land use designation of industrial. Hospice property (Parcel 10) This parcel consists of approximately 10 acres. In the County, the land use designation was half low density residential and half commercial. The City has given it a land use designation of institutional pursuant to Ordinance No. 1515-97. The Hospice property is developed as a hospice facility and the owners have plans to expand the facility. The property abuts Indian Street, which is an existing two-lane facility which will become a four-lane facility. Indian Street is considered a major collector in the County's comprehensive plan and it links U.S. 1 and State Road 76. Bailey property (Parcel 11) This parcel consists of approximately 10 acres and is currently vacant. In the County, the land use designations was half low density residential and half commercial limited. The City has given it a land use designation of commercial pursuant to Ordinance No. 1519-97. The Bailey property abuts Indian Street, which is an existing two-lane road which will become a four-lane road. Indian Street is considered a major collector in the County's comprehensive plan and it links U.S. 1 and State Road 76. Since it is a commercial corridor, the City considered the commercial designation on the property to be more appropriate than low density residential. Armellini property (Parcel 12) This parcel consists of approximately 1.2 acres. In the County, the land use designation was industrial and the City has given it a land use designation of commercial pursuant to Ordinance No. 1522-97. The Armellini property is on the corner of U.S. 1 and Indian Street and is in close proximity to other commercial development. The types of uses permitted by the City's commercial category is similar to the types of uses allowed by the County's industrial category, such as gas stations, office buildings, restaurants, and bars. The 1997 Large Scale Amendments and the Future Land Use Element Amendment. On December 7, 1997, the City adopted an amendment to the text of the Future Land Use Element (hereinafter referred to as the "FLUE") of the City's Plan. This amendment added a new land use designation to the City's Plan: "Neighborhood/Special District." The amendment also added goals, objectives, and policies concerning the new land use category. The newly created Neighborhood/Special District allows mixed land uses, including neighborhood commercial, office, residential, and recreational. Mixed residential and non- residential uses either in the same building or on the same site are required for a Neighborhood/Special District. A Neighborhood/Special District must have at least 30 percent residential uses and at least ten percent non-residential (excluding recreational) uses. Parking must be clustered in separate pockets rather than located in one expanse, and pedestrian interconnections must be used. On December 8, 1997, the City annexed seven parcels of property by voluntary annexation. On the same date the City adopted nine FLUM amendments assigning land use designations to the annexed property consistent with the City's Plan. Each of the parcels to which the FLUM amendments applied consisted of more than ten acres of land and, therefore, were not considered small scale amendments exempt from Department review. The nine large scale amendments to the FLUM and the FLUE amendment adopted by the City in December 1997 (hereinafter referred to as "1997 Large Scale Amendments and the "FLUE Amendment," respectively), were designated Amendment 97-1 by the Department. The Department reviewed the 1997 Large Scale Amendments and the FLUE Amendment. In a Statement of Intent issued February 9, 1998, the Department found the 1997 Large Scale Amendments and the FLUE Amendment were not "in compliance." The Department's determination was based upon its conclusion that the new land use category and existing non-residential land use categories applied in the 1997 Large Scale Amendments lacked a density/intensity standard. On February 17, 1998, the Department filed a Petition of the Department of Community Affairs with the Division of Administrative Hearings. The Petition was designated Case No. 98-0794GM. Martin County was granted leave to intervene in Case No. 98-0794GM by Order Granting Intervention entered March 11, 1998. Martin County challenged the FLUE Amendment and the 1997 Large Scale Amendments. Martin County alleged that the 1997 Large Scale Amendments and the FLUE Amendment were not "in compliance" because: They are not supported by data and analysis; They were adopted without adequate intergovernmental coordination; They are internally inconsistent with the City's Plan; They do not discourage urban sprawl; They can not be reasonably implemented; They cannot be accommodated by existing and planned infrastructure; They fail to establish intensities of use; They are inconsistent with the State Comprehensive Plan of Chapter 187, Florida Statutes; and They are inconsistent with the Strategic Regional Policy Plan for the Treasure Coast. 1000 Friends did not challenge the 1997 Large Scale Amendments or the FLUE Amendment. Nor did 1000 Friends intervene in Case No. 98-0794GM. The land use designations assigned to the parcels to which the 1997 Large Scale Amendments apply were determined by the City based upon a consideration of the existing uses of the properties, existing and future land use designations of surrounding properties, natural resources on the properties, development trends in the area, analysis of infrastructure availability, and land use designation of Martin County for the properties. Modifications to Martin County's land use designations for the properties were based upon consideration of existing non-conforming land uses of the properties and existing patterns of development in the area. Modifications in Martin County land use designations were based upon sound planning principles. The following findings of fact (with paragraph numbers, footnotes, and citations omitted) were recommended by the City in its Proposed Order. These findings accurately describe the parcels to which the 1997 Large Scale Amendments relate and the rationale for the land use designations assigned to the properties by the City: Hendry property (Parcel 3) This parcel consists of approximately 7½ acres. The property contains an existing fully developed office warehouse, and in the County the land use designation was commercial general. The parcel abuts commercial property to the north, south, and west, and to the east it abuts a mobile home park as well as a conservation easement within a walled, gated residential development. Because the existing use was a warehouse, the City determined that a more appropriate land use designation would be industrial and suggested this land use to the owner. The City adopted the industrial land use designation pursuant to Ordinance No. 1488-97. With regard to the Hendry property, there is no difference between the County's land use designation of commercial and the City's land use designation of industrial. The existing office warehouse on the property is permitted both in the County's commercial designation. Millenium property (Parcel 4) This parcel consists of approximately 24½ acres and is vacant. In the County, the land use designation was commercial. The City has given it a land use designation of commercial pursuant to Ordinance No. 1491-97. There is no difference between the County's commercial land use designation and the City's commercial land use designation. Wacha property (Parcel 6) This parcel consists of approximately 47 acres. In the County, the land use designation was part mobile home, part low density, part medium density, and part industrial. The owner of the property approached the City with the idea of building a mixed use village on the property. The City was supportive of this idea and worked with the Treasure Coast Regional Council to develop a new land use category, neighborhood special district, as well as refine the site plan to create the mixed use village concept. The neighborhood special district land use category was adopted pursuant to Ordinance No. 1498-97. Part of the property that was originally designated industrial in the County was designated commercial in the City pursuant to Ordinance No. 1497-97. The neighborhood special district land use category will allow the Wacha property to be developed as a traditional neighborhood development project. The proposed development will include a town square area with shops and restaurants on the ground floor, apartments on the second floor, and parking behind the buildings to create a pedestrian-friendly thoroughfare. The development also includes a home office district where people can live and work in the same building. The development also proposes a single family residential neighborhood clustered around a common green with garages to the rear, and the building set with front porches on the street. The City and County's land use designation for the Wacha property differ significantly. The City's land use designation requires a mix of uses, with not less than 30% residential and not less than 10% commercial or non-residential development within a given property. The County's land use designations are exclusive, so that each specific property can only be used for mobile home park or light industrial or medium density residential or low density residential. The County would not permit a mixed use development on this property. The Wacha property is part of the City's Community Redevelopment Area. The City determined that the neighborhood special district land use designation would further the intent and purpose behind the Community Redevelopment Area which is to encourage redevelopment of blighted areas. Dubner North property (Parcel 13), Republic Industries property (Parcel 14), Dubner South property (Parcel 15) The Dubner North parcel consists of approximately 48 acres, the Republic Industries property consists of approximately 11½ acres, and the Dubner South property consists of approximately 56 acres. In the County, the land use designation for each of the properties was industrial. The City has given the Dubner North property a land use designation of part commercial pursuant to Ordinance No. 1525-97 and part industrial pursuant to Ordinance No. 1526-97, the Republic Industries property a land use designation of commercial pursuant to Ordinance No. 1529-97, and the Dubner South property a land use designation of commercial pursuant to Ordinance No. 1532-97. The Dubner North, Republic Industries, and the Dubner South properties are bound by the railroad tracks to the east. To the north, south, and west, the properties are surrounded by either County industrial or commercial future land uses or City commercial land uses. The Remedial Amendments. Subsequent to the opening of Case No. 98-0794GM, the Department and the City entered into a Stipulated Settlement Agreement pursuant to Section 163.3184(16), Florida Statutes. Martin County declined to enter into the Stipulated Settlement Agreement. The City agreed to adopt remedial amendments which included text descriptions of various land use categories, including the Neighborhood/Special Districts category, and a table setting for residential densities and commercial intensities for land use categories created in the City's Plan. On August 24, 1998, the City adopted remedial amendments consistent with the Stipulated Settlement Agreement (hereinafter referred to as the "Remedial Amendments"). The Remedial Amendments were adopted by Ordinance No. 1646-98. The Remedial Amendments, designated Amendment 98-R1 by the Department, were determined to be "in compliance" by the Department. Upon the adoption of the Remedial Amendments and the determination that the Remedial Amendments were "in compliance," the parties in Case No. 98-0794GM were realigned as required by Section 163.3184(16)(f)1, Florida Statutes, to reflect that Martin County was challenging the Department's conclusion that the 1997 Large Scale Amendments and the FLUE Amendment, as modified by the Remedial Amendments, were "in compliance." Martin County also filed a Petition for Formal Hearing challenging the Department's determination that the 1997 Large Scale Amendments and the FLUE Amendment, as modified by the Remedial Amendments were "in compliance." That Petition was filed with the Division of Administrative Hearings on December 17, 1998. The Petition was designated Case No. 98-5501GM. 1000 Friends did not challenge the Remedial Amendments. Nor did 1000 Friends intervene in Case No. 98-5501GM. I. The 1998 Large Scale Amendments. Between April 13, 1998, and June 22, 1998, the City annexed 16 large parcels through voluntary annexation. On August 24, 1998, the City adopted 33 FLUM amendments assigning land use designations to the newly annexed parcels consistent with the City's Plan. Eleven of the FLUM amendments were small scale amendments pursuant to Section 163.3187, Florida Statutes (hereinafter referred to as the 1998 Small Scale Amendments). The 1998 Small Scale Amendments were not reviewed by the Department even though they were submitted to the Department with the other 22 FLUM amendments. The parcels to which the other 22 FLUM amendments related consisted of more than ten acres of land and, therefore, were not considered small scale amendments exempt from Department review. The 22 large scale amendments adopted on August 24, 1998 (hereinafter referred to as "1998 Large Scale Amendments), were designated Amendment 98-1 by the Department. The Department reviewed the 1998 Large Scale Amendments and found them "in compliance." Martin County and 1000 Friends filed separate Petitions for Formal Hearing with the Department challenging the determination that the 1998 Large Scale Amendments were "in compliance." The Petitions filed by Martin County and 1000 Friends were filed with the Division of Administrative Hearings on December 17, 1998. The Petitions were designated Case Nos. 98- 5503GM and 98-5510GM, respectively. Martin County alleged that the 1998 Large Scale Amendments were not "in compliance" because: They are not supported by data and analysis; They were adopted without adequate intergovernmental coordination; They are internally inconsistent with the City's Plan; They do not discourage urban sprawl; They do not adequately protect natural resources; They cannot be accommodated by existing and planned infrastructure; They are inconsistent with the State Comprehensive Plan of Chapter 187, Florida Statutes; They are inconsistent with the Strategic Regional Policy Plan for the Treasure Coast; and They are inconsistent Chapter 9J-5, Florida Administrative Code. 1000 Friends alleged that the 1998 Large Scale Amendments were not "in compliance" because they were adopted without intergovernmental coordination. The land use designations assigned to the parcels to which the 1998 Large Scale Amendments apply were determined by the City based upon a consideration of the existing uses of the properties, existing and future land use designations of surrounding properties, natural resources on the properties, development trends in the area, analysis of infrastructure availability, and land use designation of Martin County for the properties. Modifications to Martin County's land use designations for the properties were based upon consideration of existing non-conforming land uses of the properties and existing patterns of development in the area. Modifications in Martin County land use designations were based upon sound planning principles. The following findings of fact (with paragraph numbers, footnotes, and citations omitted) were recommended by the City in its Proposed Order. These findings accurately describe the parcels to which the 1998 Large Scale Amendments relate and the rationale for the land use designations assigned to the properties by the City: Pulte Homes property (Parcel F3), Vista A property (Parcel F5), Gibson property (Parcel F6), and Debartolo property (Parcel F24) The Pulte Homes parcel consists of approximately 312 acres. In the County, the land use designation was low density residential and high density residential. The City has given it a combination of conservation, pursuant to Ordinance No. 1549- 97, low density residential, pursuant to Ordinance No. 1550-97, and neighborhood special district, pursuant to Ordinance No. 1551-97. The Vista A parcel consists of approximately 9 acres and is vacant. In the County, the land use designation was commercial/office/residential (COR) and high density residential. The City has given it a land use designation of commercial pursuant to Ordinance No. 1546-97. The Vista B parcel consists of approximately 44 acres and is vacant. In the County, the land use designation was low density residential and the City has given it a land use designation of low density residential pursuant to Ordinance No. 1553- 97. The Gibson parcel consists of approximately 100 acres. In the County, the land use designation was low density and commercial general. That part of the property that was designated commercial in the County was given a commercial land use designation in the city pursuant to Ordinance No. 1557-97. That part of the property that was designated low density residential in the County was given a combination of low density residential and conservation (Ordinance No. 1558-97), and multi-family residential (Ordinance No. 1559-97) pursuant to Ordinance No. 1549-97, low density residential, pursuant to Ordinance No. 1550-97, and neighborhood special district, pursuant to Ordinance No. 1551-97 in the City. The Debartolo parcel originally consisted of 205.90 acres. However, a portion of the parcel has been reannexed by the City to cure the defects found by the circuit court. The County's land use designation was a mixture of low, medium and high density residential. The City has given it a combination of part neighborhood special district pursuant to Ordinance No. 1618-97, part low density residential and conservation pursuant to Ordinance No. 1620-97, and part multi-family and conservation pursuant to Ordinance No. 1622-97. These five parcels (Pulte, Vista A, Vista B, Gibson, and Debartolo) contain a series of wetlands that form a slough that drains through Arant's swamp, or Haney Creek, and into the St. Lucie River. In terms of long- range planning, the City believed it best to implement a series of greenways and flow-ways to interconnect those wetlands and preserve areas to help clean up a non-point source pollution problem that was occurring in the St. Lucie River. Thus, recommending an appropriate land use designation for these properties, the City considered the pattern of wetlands in the area that form the slough and proposed a conservation land use designation for parts of some of the properties. In addition, the City received a grant from the Florida Communities Trust to purchase 84 acres of Arant's swamp or Haney Creek. This area is south of the five properties described above. The 84 acres form a flow- way for all of the water flow that comes from north to south and ultimately into the St. Lucie River. The City is proposing to construct a greenway which would connect the wetlands in the five properties described above so that water can flow unimpeded into Arant's swamp and ultimately into the St. Lucie River. Those connections would be accomplished at site planning and connected under roadways with staged culverts so animals can travel along the sides and water can flow through the middle. Comparing the City and County's land use designations for these five parcels, the land use designations adopted by the City are more appropriate than the County's land use designations and will result in a better use of the properties. For instance, by changing some of the land uses from low density residential in the County to conservation in the City, the environmentally sensitive areas will be preserved in perpetuity. In addition, by changing the County's high density residential use for the Pulte Homes property to neighborhood special district in the City, the development will require a mix of uses including some commercial which will be interconnected in a pedestrian fashion to the existing single family home development which lies to the east. This will lessen the need for additional vehicular trips and encourage alternative forms of transportation. Stewart property (Parcel F11), Madyda property (Parcel F12), First Eastern Residential property (Parcel F13), First Eastern property (Parcel F14), and SK Partner's I property (Parcel F15) The Stewart parcel (F11) consists of approximately 15 acres of land and is vacant. In the County, the land use designation was a mix of low and medium density residential, and commercial/office/residential (COR). The City has given it a land use designations of multi-family residential pursuant to Ordinance No. 1576-97. The Madyda parcel (F12) consists of approximately 6½ acres. The County's land use designation was a mix of medium density residential and commercial/office/residential (COR). The City has given it a land use designation of commercial pursuant to Ordinance No. 1579-97. The First Eastern Residential parcel (F13) consists of 50 acres and is a fully developed low income housing project. The County's land use designation was medium density and low density residential. The City has given it a designation of multi-family pursuant to Ordinance No. 1582-97. The First Eastern parcel (F14) consists of 32.20 acres and is vacant. The County's land use designation was a mixture of Commercial pursuant to Ordinance No. 1585-97. The SK Partners I parcel (F15) consists of 18.94 acres and is vacant. The County's land use designations was commercial general. The City has given it a land use designation of commercial pursuant to Ordinance No. 1588-97. There is no difference between the City's and the County's land use designations. Sunbelt Partners/Stetson property (Parcel F17), Sunbelt Partners property (Parcel F18), SK Partners II property (Parcel F190) The Sunbelt/Stetson parcel (F17) consists of approximately 25½ acres, the Sunbelt Partners parcel (F18) consists of approximately 2.5 acres, and the SK Partners II parcel (F19) consists of approximately 38 acres. All three parcels are vacant. The City's original annexation of the Sunbelt Partners/Stetson parcels was invalidated by the circuit court. However, a portion of the parcel has been reannexed. The County's land use designation for the three parcels was primarily commercial, with a small amount of commercial/office/ residential. The City's gave all three parcels a land use designation of commercial pursuant to Ordinance Nos. 1615-97, 1612-97, and 1609-97. There is no real difference between the County's and the City's land use designations. Dubner East property (Parcel F22), Sellian property (Parcel F22), Dubner West property (Parcel F23) The Dubner East parcel consists of approximately 11.5 acres, the Sellian parcel (F22) consists of approximately 4 acres, and the Dubner West (F23) consists of approximately 10 acres. Dubner East is vacant, the Sellian property is developed as an office building and indoor assembly, and the Dubner West property is partially developed as an office building. The County's land use designation for each of the parcels was industrial. The City has given each a land use designation of commercial pursuant to Ordinance Nos. 1600-97, 1603-97, and 1606-97. The three properties abut County industrial land uses, although for the most part, the properties are developed as commercial uses. The properties also abut City commercial land uses. The City's land use designation is more restrictive than the County's because the County industrial allows both industrial and commercial uses while the City's commercial designation allows only commercial uses. The City's Evaluation and Appraisal Report Amendments. Consistent with Section 163.3191, Florida Statutes, the City conducted an Evaluation and Appraisal Report, including suggested amendments to the City's Plan. On August 24, 1998, simultaneously with the adoption of the 1998 Large Scale Amendments and the 1998 Small Scale Amendments, the City adopted amendments to all elements of the City's Plan (hereinafter collectively referred to as the "EAR Amendments") based upon the recommendations of the Evaluation and Appraisal Report. The EAR Amendments include density and intensity standards adopted as part of the Remedial Amendments to the Future Land Use Element of the City's Plan. The EAR Amendments revise the schedule for capital improvements and establish new concurrency requirements as part of the Capital Improvements Element of the City's Plan. The EAR Amendments set out the steps the City will take to coordinate the City's Plan and its implementation with other agencies and entities as part of the Intergovernmental Coordination Element of the City's Plan. The EAR Amendments revise LOS standards for transportation in the Transportation Element of the City's Plan The EAR Amendments were reviewed by the Department simultaneously with the 1998 Large Scale Amendments and found to be "in compliance." The EAR Amendments were designated Amendment 98-ER1 by the Department. The 1998 Small Scale Amendments were also submitted to the Department with the 1998 Large Scale Amendments and the EAR Amendments but were ultimately withdrawn by the City at the request of the Department. Martin County and 1000 Friends also challenged the EAR Amendments in their Petitions challenging the 1998 Large Scale Amendments filed in Case Nos. 98-5503GM and 98-5510GM, respectively. Martin County alleged that the EAR Amendments were not "in compliance" because: They are not supported by data and analysis; They were adopted without adequate intergovernmental coordination; They are internally inconsistent with the City's Plan; They do not discourage urban sprawl; They do not adequately protect natural resources; They cannot be accommodated by existing and planned infrastructure; They are inconsistent with the State Comprehensive Plan of Chapter 187, Florida Statutes; They are inconsistent with the Strategic Regional Policy Plan for the Treasure Coast; and They are inconsistent with Chapter 9J-5, Florida Administrative Code. Martin County did not allege which specific elements of the City's Plan amended by the EAR Amendments were being challenged in its Petition. It merely alleged that "Stuart's comprehensive plan amendments" are not in compliance. In the Joint Proposed Order filed by Martin County and 1000 Friends, specific portions of the Intergovernmental Coordination Element (Policies A1.13 through A1.23, Policy A2.4, Policy A7.3, Objective 8, and Policies A8.1 through A8.11), the FLUE (Policies B1.2 through B1.4), and the Capital Improvements Element (the selection of LOS E) are cited. The specific objective and policies cited in the Joint Order are hereby incorporated into this Recommended Order by reference. Additionally, the Future Annexation Map adopted as part of the EAR Amendments by the City is cited in the Joint Proposed Order. The Future Annexation Map includes 8,000 additional acres which are projected to be annexed into the City by the year 2015. 1000 Friends' challenge to the EAR Amendments is limited to a challenge to the City's Intergovernmental Coordination Element. Data and Analysis. At the time that all of the amendments at issue in this proceeding were adopted there was more than adequate data and analysis to support all of the amendments. The data and analysis relied upon by the City in adopting the 1997 Small and Large Scale Amendments, the FLUE Amendment, the Remedial Amendments, the 1998 Large Scale Amendments, and the EAR Amendments was professionally acceptable. The testimony of Martin County's expert planner concerning data and analysis was not persuasive. That testimony was not based upon a complete review of the data and analysis relied upon by the City and the Department. The evidence presented by Martin County concerning data and analysis focused largely on the fact that the property to which the 1997 Small and Large Scale Amendments and the 1998 Large Scale Amendments related had been annexed before the accumulation of all the data and analysis relied upon in support of the amendments. That evidence was irrelevant because the Act and the rules promulgated thereunder do not govern annexations; they govern plan amendments and require that the data and analysis be available at the time a plan amendment is adopted and not at the time of annexation. Data and analysis were required for the 1997 Small Scale Amendments and the 1997 and 1998 Large Scale Amendments, not to support the need for the annexed property, but to support the City's choice of land use classifications assigned to the annexed property. There were ample data and analysis to support the City's choices. Once the properties at issue in this proceeding were annexed consistent with Chapter 171, Florida Statutes, the City began the process of considering the amendments to the City's Plan necessary to accommodate the annexations and bring them under the City's Plan. While the evidence did prove that the City now has approximately 33 years of commercial property to meet the needs of the City during the 20 years of the City's Plan, there is no requirement in the Act or the implementing rules that a need for annexed property be present before annexation occurs. The commercial property located in the City as a result of the 1997 Small Scale Amendments and the 1997 and 1998 Large Scale Amendments is not significantly different from the amount of commercial property which existed prior to the amendments. Most of the annexed property was designated commercial or industrial by the County Plan. Industrial uses under the County Plan include many of the same uses of commercial property under the City Plan. Under these circumstances, the City made the most reasonable planning decision by classifying the annexed property consistent with surrounding land uses and Martin County's prior land use designation of land use for the property. The City completed a needs analysis as part of its review and revision of the City's Plan through the EAR Amendments. That analysis was based upon data available at the time of the EAR Amendments. The data was also available at the time the 1997 Small Scale Amendments, the 1997 and 1998 Large Scale Amendments, the FLUE Amendment, and the Remedial Amendments were adopted. The City's needs analysis included an allocation of land uses to the land use categories designated in the City's Plan. Although the allocation of land resulted in an allocation of more commercial land than may be required during the life of the City's Plan, the evidence failed to prove that such a surplus results in any under allocation of land to other classifications. Approximately 150 acres of the property annexed by the City during 1997 and 1998 were re-designated commercial by the City. Eighteen of those acres have already been developed, leaving an additional 132 acres of commercial land in the City. The evidence failed to prove that this increase of acreage is significant. Evidence presented by Martin County as to the increase in commercial property was not persuasive. In actuality, the increase in property designated commercial as a result of City's annexations amounts to approximately 48 acres. There were a total of 35 parcels designated commercial by the City, including the 1998 Small Scale Amendments. Most of those parcels were already developed in whole or in part with commercial, commercial-like, or industrial land uses. The uses of property classified industrial are also substantially similar to the uses allowed for commercial to result in little discernable effect on the supply of commercial property in the City. The only vacant parcels assigned a land use designation of commercial by the City that were not classified commercial or industrial by Martin County were referred to at hearing as parcels 1, 11 F4, F7, F12, and F14. Parcel 1 consisted of 1.4 acres. Approximately half of parcel 1 was designated commercial and the other half was designated commercial/office/residential. At most, this amounts to an increase of .7 acres of commercial. Parcel 11 consists of ten acres, parcel F4 consists of nine acres, parcel F7 consists of 5.06 acres, parcel F12 consists of 6.67 acres, and parcel F14 consists of 32.20 acres. Half of parcel F14 was classified as commercial by Martin County. The evidence also proved that the possible intensity of use for the property annexed by the City during 1997 and 1998, when compared with the possible intensity of use under the County Plan is less under the City's land use classifications. Martin County's expert testimony concerning increases in intensity was not credible. That testimony was based upon small scale parcels 5, 10, and 11, and large scale parcels 6, F6, and F24. Parcel 5 is already developed as 1st Christian. Parcel 10 is partially developed and the testimony concerning Martin County's land use designation for the property was incorrect. For parcel 6, the Wacha property, the testimony by the Martin County expert concerning Martin County's land use designation for part of the property was incorrect. The portion of the property designated commercial by the City was classified as industrial by Martin County. For parcel F6, the Gibson property, only a fourth of the property was designated multi-family. The rest of the property was given a land use designation that is the same or less intense then that allowed by the County. For parcel F24, the Debartolo property, Martin County's land use designation was a combination of low, medium, and high density residential and not just low density residential as testified by Martin County's expert witness. Most of the property was low density residential under the County's Plan and remained low density residential under the City's Plan. The calculations concerning the increase in intensity of use made by Martin County's expert witness were flawed and not credible, as explained in findings of fact 123 through 125. Martin County's assertion that the Remedial Amendments are not supported by data and analysis because of the increase in intensity of commercial property is rejected. In addition to the question of data and analysis to support the land use classifications assigned to the annexed property by the City, Martin County has suggested that there is insufficient data and analysis concerning how public facilities will be provided to the annexed property. The evidence failed to support this assertion. At the time of the 1997 and 1998 Small and Large Scale Amendments the City did not perform a concurrency analysis. Concurrency analyses are required at the time of site plan review or other application for another development permit. Therefore, neither the Act nor the City's Plan required a concurrency analysis. A transportation analysis involves transportation planning for an extended period of time and not planning for individual parcels. Capital facilities and available capacity for a five-year period are looked at in a transportation analysis. Concurrency analyses, on the other hand, are performed on individual parcels of property at the time of proposed development of those parcels. Neither a transportation analysis nor a concurrency analysis is required when a local government designates a general land use classification for a parcel of property. Martin County has asserted that the City's decision to adopt a LOS E and to "maintain" the actual existing LOS for two segments of U.S. 1 and State Roads 707 and 714, both of which are projected to have LOS F within the next five years in light of the moratorium it has imposed on development along U.S. 1 supports its argument that the FLUM amendments are not supported by data and analysis. They assert that evidence presented by the City's expert transportation engineer cannot be considered data and analysis because it was prepared after the FLUM amendments. This assertion is rejected. While the analysis may not have been available, the data was. More importantly, the testimony of the City's expert engineer may be relied upon to refute Martin County's assertion that there existed a transportation concurrency problem at the time the FLUM amendments were adopted. Martin County based its conclusion on an outdated Florida Department of Transportation table adopted as part of the County's Plan. That table lacked a footnote that cautioned against anything other than very general reliance on the table. Martin County's assertions concerning transportation concurrency were also refuted by the more accurate analysis performed by the City's expert engineer. Based upon his analysis, which was unrefuted by credible evidence, there is in fact no LOS deficiency not addressed by the City's Plan. The difference between the LOS adopted by the City and Martin County's LOS is not significant. The reports of the City's expert transportation engineer were sufficient data and analysis to support the EAR Amendments to the Capital Improvements and Transportation Elements. The LOS selected by the City, LOS E, is the most efficient use of the City's arterial roadways under current conditions. The evidence failed to prove that there were inadequate data and analysis to support Policy A1.1 of the FLUE. The evidence failed to prove that there were inadequate data and analysis concerning the effectiveness of existing intergovernmental coordination mechanisms. Intergovernmental Coordination. In May 1997, the City notified Martin County that it was considering a series of voluntary annexation requests it had received. The City and Martin County have entered into formal and informal agreements dealing with the provision of a number of services, including water and sewer, emergency rescue, solid waste, and law enforcement. Impact fees are dealt with by interlocal agreement pursuant to which the City collects impact fees for library services, regional parks, and county roads on behalf of the Martin County. Following the City's notification to Martin County of the voluntary annexation requests it had received, City staff and the Director of Public Works for Martin County met to discuss the provision of water and sewer service to the annexed areas. An agreement was reached between the City and Martin County as to which entity would be responsible for water and sewer services to each parcel to be annexed. Discussions between City and Martin County staff concerning responsibility for maintenance of roads were also held, including discussions at meetings of the Metropolitan Planning Organization Technical Advisory Committee. The Metropolitan Technical Advisory Committee was established to provide for intergovernmental coordination in Martin County. Issues concerning road maintenance were resolved. Beginning essentially at the time of the notice to Martin County of the voluntary annexation requests the City had received, Martin County attempted to prevent the annexations. Although Martin County cooperated to resolve some of the problems that resulted from the annexations, Martin County prepared an emergency agenda item directing staff to evaluate the annexations and seek ways of preventing the annexations. Martin County staff reports concerning the proposed annexations indicated few problems that would result from the annexations. The reports were submitted to the City by Martin County. Martin County indicated, however, that it would be conducting further analysis on potential traffic impacts. Martin subsequently reported to the City that it had further concerns and would be attending a City scheduled workshop to be held in July 1997. No one from Martin County attended the workshop held in July or the workshop held by the City in September 1997. City staff reviewed all of Martin County's comments, notified the City Commission of the comments, and took the comments into consideration in making recommendations concerning the annexations and amendments to the City's Plan to the City. On September 16, 1997, the City notified Martin County of further requests for voluntary annexation. City staff thereafter attempted to schedule meetings with Martin County staff to discuss these annexations. Additional discussions were held with Martin County concerning utilities. These discussions resulted in agreements concerning the provision of utilities to the annexed parcels. Discussions concerning stormwater were also held between the City and Martin County. Transportation issues were discussed at Metropolitan Planning Organization Technical Advisory Committee meetings. Martin County wrote letters to the City and made oral comments concerning the FLUM Amendments. Martin County raised concerns over urban sprawl, concurrency, and intergovernmental coordination. Martin County also filed challenges to the City's annexations resulting in a number of civil actions between the City and Martin County. As a result of these actions and Martin County's attempts to prevent the annexations, relations between City and Martin County staff became strained. It became increasingly difficult for staff to work together to resolve common issues. In November 1997 Martin County sent a letter to the City expressing concerns over the late 1997 annexations involving urban sprawl and transportation concurrency. These comments were considered by the City. Martin County staff attended an August 1998 meeting at which the City adopted the FLUM Amendments relating to the late 1997 annexations. These comments were considered by the City. While the City and Martin County did not come to a consensus over all issues relating to the FLUM amendments, it cannot be said that there was not sufficient intergovernmental coordination between them. Given the diametrically opposing positions of the two governments concerning the annexations which gave rise to the amendments at issue in these cases, it is doubtful that any further coordination between the City and Martin County could have resolved the issues between the City and Martin County. Prior to adopting the EAR Amendments and the 1998 Large Scale Amendments, the City's planning consultant reviewed the FLUM amendments that had already been adopted, the EAR Amendments, and the additional FLUM amendments the City was considering. The consult obtained data from Martin County concerning population and traffic. Efforts to obtain information from Martin County, however, were by this time difficult. The City even had to result to a public records request from Martin County to obtain some information. Again, while the City and Martin County did not come to a consensus over all issues relating to the EAR Amendments and the 1998 Large Scale Amendments, it cannot be said that there was not sufficient intergovernmental coordination between them. Given the state of deterioration of the relationship between the City and Martin County by the time these amendments were considered and adopted by the City, it is doubtful that any further coordination between the City and Martin County would have resulted in any improvement in the EAR Amendments or the 1998 Large Scale Amendments. In addition to the fact that the intergovernmental coordination between the City and Martin County under the circumstances of this matter was adequate, any lack of coordination did not result in any substantial issues concerning the amendments to the City's Plan not being resolved. The evidence in these cases has not supported Martin County's or 1000 Friends' alleged deficiencies with the amendments. Evidence concerning intergovernmental coordination or the lack thereof before and during annexation of the parcels to which the FLUM amendments in these case relate was irrelevant. Nothing in the Act or the rules promulgated thereunder requires intergovernmental coordination on annexations. The City adopted an Intergovernmental Coordination Element as part of the EAR Amendments. The Element includes policies which relate to procedures for dealing with coordination concerning the development of the annexed areas. Those policies are quoted in the City's Proposed Order at finding of fact 149 and are incorporated herein by reference. The Intergovernmental Coordination Element adopted by the City does not meet the requirements of Section 163.3177(6)(h), Florida Statutes. It does, however, meet the requirements of Sections 163.3177(4)(a) and (10)(b), Florida Statutes, and Rule 9J-5.015, Florida Administrative Code. The requirements of Section 163.3177(6)(h), Florida Statutes, must be met by local governments no later than December 31, 1999. Pursuant to Section 163.3177(6)(h)4., Florida Statutes, the Department adopted Rule 9J-40, Florida Administrative Code, providing, in part, that the City submit an intergovernmental coordination element in compliance with Section 163.3177(6)(h), Florida Statutes, no later than June 1, 1997, and that the element be adopted no later than December 31, 1997. In a publication of the Department called the Summer 1998 Community Planning publication, the Department informed the City to ignore Rule 9J-40, Florida Administrative Code, and submit its intergovernmental coordination element no later than December 31, 1999. The City complied with this direction from the Department. The Department did not repeal Rule 9J-40, Florida Administrative Code. Although Section 163.3177(6)(h)4., Florida Statutes, authorizes local governments to comply with Section 163.3177(6)(h), Florida Statutes, earlier than December 31, 1999, the City has not opted to do so. Internal Inconsistency. Goal A of the FLUE provides that the City will "[m]aintain and enhance its small town waterfront character." Although the City has increased its size by 48 percent, it has not increased its "waterfront." None of the amendments to the FLUM at issue in these cases involve property located on the City's waterfront. The evidence also failed to prove that a 48 percent increase in the size of the City in and of itself is contrary to the City's small town character. Finally, the impact on the City's character is a result, not of the designation of land use categories for the annexed property, but from the annexation itself. Although annexation is the catalyst for the amendments being challenged in this proceeding, the fact of the annexation cannot be the issue. Policy A.3.2 of the FLUE provides that the City should "direct development to areas already served by adequate government utilities, services and schools . . . ." While some of the roads serving many of the annexed parcels were determined to be over-utilized, that over-utilization was based upon Martin County's LOS. Based upon the City's newly established LOS E, there are adequate road services for the annexed properties. The delivery of other utilities, services, and schools to the annexed properties has been coordinated between the City and Martin County or those services are already being provided. Objective B.3 of the FLUE provides that the City will discourage urban sprawl and continuous linear development along major roadways in order to achieve a compact urban form. While the annexed parcels are located along U.S. 1, their designated land uses pursuant to the amendments at issue are essentially consistent with their present uses or designated land uses. Little change in the form of development of the annexed parcels will occur as a result of the amendments. Therefore, the FLUM amendments do not increase linear development. Rather, they recognize it. As discussed, infra, the annexed properties do not constitute urban sprawl. As amended by the EAR Amendments, Objective B.1 of the FLUE provides that the City will "[d]iscourage urban sprawl by planning for urban infill and redevelopment of lands located within Stuart." The FLUM amendments constitute urban infill and are consistent with Objective B.1 as amended by the EAR Amendments. Objective B.3 of the FLUE requires a commitment of the City to the promotion of patterns of land use that are compatible and convenient to residents, businesses, and visitors, and the avoidance of the wasteful use of land. The evidence failed to prove that the FLUM amendments are inconsistent with this objective. Again, there is little difference in the uses of the property which is the subject of the FLUM amendments before and after their annexation. Policy A.8 of the Infrastructure Element of the City's Plan requires that the City will maximize the use of existing facilities and discourage urban sprawl through its annexation policy. Policy A.3.3, Objectives A.5, A.6, A.7, and A.9, and Policy A8.1 also provide similar guidance to the City. As discussed, infra, the FLUM amendments do not fail to discourage urban sprawl. The FLUM amendments also are not inconsistent with these provisions to the extent that they require the City to maximize the use of existing services. Policy A1.1 of the Housing Element of the City's Plan provides that the City must designate adequate residential land to accommodate projected need for housing. The most up to date analysis of existing population data suggests that there is adequate housing to meet the City's need for housing through the year 2015. The evidence failed to prove that anything about the amendments at issue in these cases are inconsistent with this policy. The evidence failed to prove that the amendments at issue in these cases are inconsistent with any provision of the City's Plan. The consistency of the foregoing goals, objectives, and policies with the City's Plan were the only ones specifically addressed in the Joint Proposed Order. The City also addressed the consistency of a number of other goals, objectives, and policies with the City's Plan. Those findings of fact (182-190, 193-195, 197, and 200-204) are hereby accepted and incorporated into this Recommended Order by reference. Urban Sprawl. The areas annexed by the City, while including some vacant land, are not located in a rural or predominately rural area. Instead, the annexed parcels are all located in an area designated in the County's Plan as the "Primary Urban Service Area." An independent evaluation of the properties confirms their urban location. The indicators of urban sprawl listed in Rule 9J- 5.006(5), Florida Administrative Code, do not apply to the annexed parcels when considered "within the context of features and characteristics unique to each locality." The testimony of Martin County's witnesses concerning the "linear pattern" of development evidenced by the annexed parcels failed to take into account the character of surrounding and abutting, unincorporated properties and the location of all the parcels within the "Primary Urban Service Area" established in the County's Plan. Testimony offered by Martin County concerning urban sprawl was also not credible because Martin County's expert witness did not complete the land use analysis of Rule 9J-5.006(5)(h) through (j), Florida Administrative Code, because she failed to evaluate local conditions and development controls. Natural Resources. The evidence did not prove that any of the amendments at issue in these case fail to adequately protect natural resources. Availability of Infrastructure. As explained, supra, the City and Martin County coordinated the continued provision of most public utilities and services to the annexed parcels. Continued water, sewer, emergency rescue, law enforcement, and solid waste disposal services for the annexed parcels were all coordinated between the City and Martin County. Water and sewer services and recreational facility needs were analyzed by the City and found to be adequate. The evidence failed to prove that any necessary infrastructure is not available or will not be provided by the City. The Future Annexation Map. The City's Evaluation and Appraisal Report included a Map of Future Annexation. The Map of Future Annexation identified a small area south of the City for future annexation over the next ten years. The areas actually annexed by the City during 1997 and 1998 involve a more extensive area than that identified on the Map of Future Annexation. The areas identified on the Map of Future Annexation were areas which the City believed it would likely desire to annex and did not take into account voluntary annexation. The Map of Future Annexation was not intended to exclude such voluntary annexations. The EAR Amendments also include a Future Annexation Area Map (hereinafter referred to as the "FAA Map"). The FAA Map identifies approximately 8,000 additional acres of land which the City may consider annexing through the year 2015. The FAA Map is not, however, intended to represent an area which the City intends to pursue for annexation. It simply identifies the maximum area within which the City intends to consider annexation. It is, in effect, intended as a limitation on annexations that the City would pursue. The evidence failed to prove that the FAA Map is not a reasonable boundary for the possible expansion of the City through the year 2015 by annexation. The State and Regional Plans. The evidence failed to prove that any of the challenged amendments are inconsistent with the State Comprehensive Plan, Chapter 187, Florida Statutes. The evidence failed to prove that any of the challenged amendments are inconsistent with the Strategic Regional Policy Plan for the Treasure Coast. The Strategic Regional Policy Plan for the Treasure Coast was not offered into evidence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Secretary of the Department of Community Affairs enter a final order dismissing Hospice Foundation of Martin & St. Lucie, Inc., as a party. IT IS FURTHER RECOMMENDED that the Secretary of the Department of Community Affairs enter a final order finding the 1997 Small and Large Scale Amendments, the Remedial Amendments, the 1998 Large Scale Amendments, and the EAR Amendments to be "in compliance" as defined in Section 163.3184(1)(b), Florida Statutes. DONE AND ENTERED this 1st day of October, 1999, in Tallahassee, Leon County, Florida. LARRY J. SARTIN 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 1st day of October, 1999. COPIES FURNISHED: Paul R. Bradshaw, Esquire Paul R. Bradshaw, P.A. 1345 Dupont Road Havana, Florida 32333 Gary K. Oldehoff, Esquire Martin County Attorney 2401 South East Monterey Road Stuart, Florida 34996 Terrell Arline, Esquire 1000 Friends of Florida, Inc. 926 East Park Avenue Post Office Box 5948 Tallahassee, Florida 32301 Robert C. Apgar, Esquire Yeline Goin, Esquire 902-A North Gadsden Street Tallahassee, Florida 32303 Carl Coffin, Esquire City of Stuart 121 South West Flagler Avenue Stuart, Florida 34994 Shaw Stiller, Assistant General Counsel Karen A. Brodeen, Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Tim B. Wright, Esquire Louis E. Lozeau, Jr., Esquire Warner, Fox, Seeley, Dungey and Sweet, L.L.P. Post Office Drawer 6 Stuart, Florida 34995 Steven M. Seibert, Secretary Department of Community Affairs Suite 100 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 Cari L. Roth, General Counsel Department of Community Affairs Suite 315 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100
The Issue Whether Hernando County Comprehensive Plan Amendment CPAM 1702, adopted by Ordinance No. 2018-12 on June 12, 2018, is “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes (2017).1/
Findings Of Fact The Parties and Standing Petitioner, Heinrich Bracker (“Petitioner”), owns property and resides in Hernando County. His property is adjacent to the Plan Amendment Area. Petitioner submitted oral or written comments regarding the Plan Amendment during the transmittal hearing. The County is a political subdivision of the State of Florida with the duty and responsibility to adopt and amend a comprehensive growth management plan pursuant to section 163.3167, Florida Statutes. Cemex owns property and operates a business within the County, and seeks to develop the Plan Amendment Area for limerock mining. Cemex provided oral or written comments to the County during both the transmittal and adoption hearings on the Plan Amendment. Existing Conditions The Plan Amendment Area is 730 undeveloped acres currently designated for future Residential use, a portion of which is also subject to a Regional Commercial Overlay district. The Plan Amendment Area contains deposits of hard limestone, a material which is utilized in the construction of roads, as well as other uses requiring high-quality limestone. The Plan Amendment Area is bounded on the north by County Road 484/Fort Dade Avenue, portions of which are a canopy road. The property north of Fort Dade Avenue is designated Mining, and is the site of Cemex’s existing Brooksville South limestone mining operation (the “Brooksville Quarry”). Traveling west, Fort Dade Avenue turns south, roughly forming the western boundary of the Plan Amendment Area. The majority of the property west of the Plan Amendment Area is designated Residential, although the northwestern most area is designated Rural and a small section at the southwest corner is designated Commercial. The Spring Hill African American Cemetery (“the Cemetery”) is located at the western corner of the Plan Amendment Area boundary, south of Fort Dade Avenue. Traveling south, Fort Dade Avenue intersects with State Road 50, a four-lane divided highway known as Cortez Boulevard, which forms the southern boundary of the Plan Amendment Area. The property southwest of Cortez Boulevard is designated Commercial and is developed with a mix of commercial and industrial uses. The property to the southeast is designated Rural and is largely undeveloped, with the exception of the Bayfront Health Brooksville Hospital (“the Hospital”). The Hospital is located across Cortez Boulevard from the Plan Amendment Area. The site is a designated Planned Development and is developed with the Hospital and appurtenant medical and commercial uses. The eastern boundary of the northern half of the Plan Amendment Area is Eureka Drive, a local street providing access to several residences east of the Plan Amendment Area, including Petitioner’s residence. There is no physical boundary on the southeast portion of the Plan Amendment Area. All of the property east of the Plan Amendment Area is designated Residential, with the exception of the northeast corner, which is Rural. This area is primarily developed with low density rural residential uses. Many of the residences are accessed from Ft. Dade Avenue. In summary, the Plan Amendment Area is bordered by primarily Residential to the east and west, predominately Rural to the south, and Mining to the north. The Plan Amendment The Plan Amendment changes the future land use designation of 573.47+ acres of the Plan Amendment Area from Residential to Mining (“the Mining Area”), and the remaining 156.53+ acres from Residential, with a Regional Commercial Overlay, to Commercial (“the Commercial Area”). The Plan Amendment adds the following text to the County Comprehensive Plan, Section D: SECTION D: FUTURE LAND USE MAPPING CRITERIA & LAND USES ALLOWED MINING CPAM-17-02 shall meet the following stricter standards: Criteria 1: Blasting techniques shall incorporate the best available techniques and methods to minimize adverse impacts to natural and manmade features. The blasting techniques shall be designed and implemented to minimize impacts to adjoining land uses. Criteria 2: A “Good Neighbor Policy” is required prior to rezoning the property for mining to address any potential damage that may occur as a result of mining activities. Criteria 3: The applicant will provide right-of-way to the County in a manner required by the County Engineer for a California Street to Citrus Way future transportation corridor in accordance with the Functionally Classified Roadways Map for Hernando County and the MPO Long Range Transportation Map. Criteria 4: When mining ceases on the property, the applicant shall provide for the portion of the identified future transportation corridor from Fort Dade Avenue to SR 50 along the eastern portion of the property as part of the mining reclamation requirements in a manner required by the County Engineer. Criteria 5: There shall be a minimum 200- foot setback and buffer from the mining property line in mining area adjacent to the historic cemetery in the northwest corner of the parcel. Criteria 6: There shall be a minimum 400- foot setback and buffer from the property line to the nearest mining area adjacent to the SR 50 right-of-way. The existing treed area along SR 50 within this setback shall be preserved as an undisturbed visual buffer. Criteria 7: Protection of the Fort Dade Tree Canopy. The following steps will be taken to protect the Fort Dade tree canopy: A minimum 200-foot setback and buffer shall be provided along Fort Dade Avenue between the tree canopy and mining activities; An enclosed overhead conveyor to move materials from the [Brooksville Quarry] to the existing facilities shall be required[;] The enclosed overhead conveyor shall be constructed to a height and location that will minimize or prevent damage to the tree canopy; Criteria 8: To compensate for the loss of viable wildlife habitat, Cemex shall be required to mitigate through the provision of a conservation easement over other property that provides a viable wildlife habitat adjacent to the Florida Ecological Greenways Network. The type and amount of habitat necessary to mitigate impacts shall be identified by the comprehensive wildlife survey. The final mitigation location and acreage shall be determined prior to rezoning the property for mining. Criteria 9: The mining reclamation plan shall be designed in a manner that allows for the long-term end use and redevelopment of the property as a viable mixed-use community. The Mining Process During the mining of limestone, the soil above the limestone, or “overburden,” is removed by bulldozers and other heavy equipment in phases as mining progresses. This overburden is stockpiled and set aside for future reclamation use. The limestone is fractured using techniques such as blasting and mass excavator machinery. The excavated limestone is loaded onto haul trucks within the quarry, which transport the material to a primary crusher that reduces the size of the material. In the instant case, the primary crusher will be located and utilized in the Mining Area. The crushed material will then be placed on a conveyer that will transport it across Fort Dade Avenue for further processing at the Brooksville Quarry. Blasting during the mining process generates three potential off-site impacts: ground vibration, air overpressure, and flyrock. Ground vibrations are the result of energy from a blast that manifests as vibrations transmitted through the earth away from the immediate blast site. The state has established ground vibration limits in Florida Administrative Code Chapter 69A-2. Air overpressure is the airborne shockwave or acoustic transient generated by an explosion. Air overpressure is measured in decibels, and Florida’s standard is a maximum of 133 decibels. Flyrock is the term describing pieces of limerock that are thrown into the atmosphere during a blast. Flyrock may exceed the boundaries of a mining site and land on adjacent or neighboring property. The occurrence of flyrock can be minimized by maintaining good mining practices. The Reclamation Process After mining is complete, the Mining Area will be reclaimed. The Plan Amendment requires the mining reclamation plan to be designed in a manner that allows for the long-term end use and redevelopment of the property as a viable mixed-use community. The reclamation process entails the replacement of the overburden soils on the bottom of the quarry floor to a thickness of about eight feet, creating a finished grade approximately 16 feet above the historic high ground water level. Utility lines and other infrastructure to support redevelopment of the Mining Area may be installed in this area. The rest of the overburden soil will be used for sloping on some of the quarry walls. In addition to the requirements of the Plan Amendment, the reclamation process must meet the requirements of the State Department of Environmental Protection and the County Comprehensive Plan and Land Development Regulations (“LDRs”). Petitioner’s Challenges Petitioner alleges the Plan Amendment is not “in compliance” because it (1) creates internal inconsistencies with the existing comprehensive plan; (2) is not supported by data and analysis; and (3) fails to create meaningful and predictable standards for the use and development of land. Internal Consistency Section 163.3177(2) directs that “the several elements of the comprehensive plan shall be consistent,” in furtherance of the major objective of the planning process to coordinate the elements of the local comprehensive plan. Petitioners challenge the Plan Amendment as inconsistent with the following goals, objectives, and policies of the existing comprehensive plan. FLU Objective 1.01H First, Petitioner challenges the Plan Amendment as inconsistent with Future Land Use (“FLU”) Objective 1.01H, which reads as follows: “Protect established residential areas and provide for redevelopment of historically platted lands.” (emphasis added). Petitioner argues that the Plan Amendment fails to protect his and surrounding residences in close proximity to the Mining Area, as well as the adjacent Residentially-designated properties, from the adverse effects of limerock mining. The comprehensive plan recognizes the inherent inconsistency between residential and mining uses. The Mapping Criteria for the Mining land use category describes its purpose as “[t]o allow for the extraction of mineral resources where the impact on major residential areas will be minimal.” The term “established residential area” is not defined in the comprehensive plan. The relevant dictionary definition of “establish” reads:4/ 3a: to make firm or stable b: to introduce and cause to grow and multiply//establish grass on pasturelands 4a: to bring into existence: FOUND //established a republic b: BRING ABOUT, EFFECT// established friendly relations 5a: to put on a firm basis: SET UP//establish his son in business b: to put into a favorable position c: to gain full recognition or acceptance of the role//established her as a star There are nine lots along Eureka Drive, which adjoins the Plan Amendment area to the northeast. Eight of the nine lots are developed as residential, some with appurtenant structures. Some of the residences are mobile homes while others are site built. Two of the residences are new construction, including Petitioner’s residence. The area is developed as low density, rural residential. There are no non-residential uses in the area. Residential use has been brought into effect in the area and, as evidenced by the new construction, is continuing to grow. The residential area to the northeast of the Plan Amendment area is an established, although not major, residential area. In analyzing whether the Plan Amendment creates an internal inconsistency with Objective 1.01(H), the focus is on whether the established residential area is “protected” from the adverse effects of the proposed mining use. Comprehensive Plan Objective 1.01(S) and its implementing policies require the County to establish buffers in its LDRs as a part of the development review and approval process. The County has adopted LDRs which govern the height, opacity, and width of buffers required between differing land uses. The mining activity authorized pursuant to the Plan Amendment will be subject to the LDRs during the permit approval process. In addition to the direction to adopt LDRs addressing buffers, the Comprehensive Plan directly addresses required buffers between mining uses and contiguous properties. The Comprehensive Plan requires a minimum 100-foot setback with a visual buffer from the property line of the Plan Amendment Area to any construction or mining activity on the property. Cemex’s planning expert testified that this setback was sufficient to protect the adjoining residential uses from the impacts of the mining activity. Petitioner’s planning expert opined that the setback ought to be a minimum of 1000 feet, based upon his familiarity with the requirements of Polk County and research into setbacks in other counties. He introduced no support for his opinion other than that these are the standards required in other jurisdictions. Petitioner’s expert prepared and introduced an exhibit overlaying two different setback distances, 300 feet and 1000 feet, on an aerial photograph of the residential area northeast of the Plan Amendment Area. The exhibit shows those distances from the property line of the Plan Amendment area into the adjoining properties. The relevance was unclear, since setbacks and buffers are required to be established on the property proposing the new land use, not vice versa. Petitioner’s expert witness testimony was not persuasive. The fact that the comprehensive plan includes a mandatory 100-foot setback, which applies to this development scenario, is the best evidence of “protection” afforded by the comprehensive plan. The setback may be increased during the permitting phase when the plans go through review under the LDRs. Petitioner did not prove that the Plan Amendment is inconsistent with FLU Objective 1.01H. FLU Objective 1.07F Petitioner next challenges the Plan Amendment as internally inconsistent with FLU Objective 1.07F and Policy 1.07F(7), which read as follows: Create a self-contained medical campus incorporating the use of the Brooksville Regional Medical Center and surrounding lands by providing for hospital and health care-related uses. * * * (7) The Brooksville Regional Medical Center Planned Development District and its health care-related activities shall be protected from encroachment by incompatible land uses. An infrastructure analysis shall be used to demonstrate that adequate public facilities will be provided, prior to the issuance of any development order. (emphasis added). Petitioner’s expert, James Studiale, testified that he believes the Plan Amendment is inconsistent with Policy 1.07F(7) because the Mining Area will encroach upon the Brooksville Regional Medical Center Planned Development District (the “District”). Studiale stated that he believes that encroachment occurs when one use is “hurting” another use because it is so near. Petitioner introduced the testimony of Dennis Clark, who was accepted as an expert in drilling and blasting, blasting seismology, and mining planning and practices. Mr. Clark testified that mining uses impact surrounding uses by both ground vibration and air overpressure, as well as potential for fly rock. He expressed opinions that the hospital and its occupants will be impacted to varying degrees “depending on the blast and the density of the rock and the compositions.” Mr. Clark agreed that, in order to understand the potential impacts of a mining operation with respect to the hospital, he would need to know the number of blast holes in a particular blast, the loading parameters for the blast holes, the amount of stemming on top of the explosives in the blast holes, the locations of the blast holes, the orientation of the blast holes, the type of detonators used, the sequence and timing of the blasts, as well as the physical condition of the hospital. Mr. Clark agreed that blasting in close proximity to structures can be done safely, and admitted that he has personally blasted safely within three feet of a hospital wall. Petitioner argues that the potential impacts of mining, including ground vibration, air overpressure, and flyrock, will encroach upon, and negatively impact, or “hurt,” the district and its healthcare-related activities, in violation of Objective 1.7 and Policy 1.7(F). Petitioner’s argument was not persuasive. Policy 1.07F(7) does not bear on external impacts to the District. As Respondents’ planning expert, Charles Gauthier, explained, the District is a customized future land use designation with “inward looking” policies. The language of Policy 1.07F(7) calls for protection against encroachment of incompatible uses within the District, and Objective 1.07F works in concert with Policy 1.07F(1) to prohibit retail commercial or general office development as a primary use. As noted by both Mr. Gauthier and County Planning and Zoning Director, Ronald Pianta, the intent of Policy 1.07F is to prevent infiltration of nonmedical-related uses that would consume land within the District. The second sentence in Policy 1.07F(7) supports this interpretation because the sentence calls for an infrastructure analysis to demonstrate adequate public facilities prior to issuance of any development order. Mr. Gauthier explained that it would be illogical to view the adequate public facilities requirement as extending beyond the District. Even Petitioner’s planning expert, Mr. Studiale, agreed that the purpose of the District is to protect the area around the Hospital for medical-related uses. Assuming, arguendo, that Objective 1.07F and Policy 1.07F(7) were interpreted to regulate uses outside of the District, Petitioner did not establish that the Plan Amendment would “hurt” the District or its activities. Mr. Clark’s testimony regarding off-site impacts was speculative and dependent upon many factors within the exclusive control of the mining operators. The Plan Amendment requires Cemex to design and implement blasting techniques to minimize impacts on adjoining land uses. Based on Mr. Clark’s testimony, off-site impacts, including ground vibration, air overpressure, and flyrock, can be controlled and minimized by careful scheduling, spacing, orientation, and timing of blasts. As such, Petitioner did not prove the Plan Amendment would “hurt” District operations. Petitioner did not prove the Plan Amendment is inconsistent with FLU Objective 1.07F and Policy 1.07F(7). Mining Element Goal 1.08 Next, Petitioner alleges the Plan Amendment is inconsistent with Mining Element Goal 1.08, which reads as follows: Hernando County shall protect its citizens, air, land and water resources from the adverse effects of resource extraction and ensure that the disturbed areas are reclaimed to wholesome condition as soon as reasonably possible. Goal 1.08 is implemented by four objectives and implementing policies that set standards for earthen dams, mining setbacks, berms and buffers, and reclamation activities. Petitioner does not allege that the Plan Amendment is inconsistent with any of the objectives and policies implementing Goal 1.08. The Plan Amendment requires the reclamation of the Mining Area for purposes of redevelopment for mixed uses upon the completion of mining activities. The County Comprehensive Plan is formatted with goals, objectives, and policies which describe how the County’s programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. § 163.3177(1), Fla. Stat. In the context of the Community Planning Act, goals are statements of long-term vision or aspirational outcomes and are not measurable in and of themselves. Goals must be implemented by intermediate objectives and specific policies to carry out the general plan goals. With regard to Goal 1.08, Petitioner did not allege that the Plan Amendment was inconsistent with any of the implementing objectives or policies. The County introduced evidence that it has adopted standards for earthen dams, mining setbacks, berms and buffers, and reclamation activities, as required by Goal 1.08 and its implementing policies. Petitioner introduced no evidence that the Plan Amendment failed to comply with any of those standards. Objective 1.10B and Policy 1.10B(3) The last internal inconsistency alleged by Petitioner is with Mining Element Objective 1.10B and Policy 1.10B(3), which read as follows: For all land added to the mining category, protect ecological features and natural resources from the adverse impacts of resource extraction. * * * Resource extraction shall not be allowed in areas of habitat known to support viable populations of threatened and endangered species. Petitioner asserts that the Plan Amendment allows mining in an area known to support a viable population of gopher tortoise, a listed threatened species. According to the Listed Species Survey (the “Flatwoods Report”) conducted by Cemex’s environmental consultant, 54 gopher tortoise burrows were discovered in the abandoned citrus habitats on-site. The parties introduced conflicting evidence of whether 54 burrows constituted a viable population of gopher tortoise. Petitioner’s expert, Thomas St. Clair, offered testimony based on the Flatwoods Report and not on any independent survey or knowledge of the subject property. The Flatwoods Reports lists nine different threatened or endangered species, describes their habitat preferences, their likelihood of occurrence on the site, and their listed status. Mr. St. Clair indicated that the Flatwoods Report concludes the site does not support a viable population of any of the other eight species, and that, in his opinion, the report suggests there is a viable population of gopher tortoises. His precise testimony was, “[B]ased on the fact that there is not a statement about whether or not there’s a viable population, we might conclude – and I conclude – that there is a viable population of gopher tortoises on the site.” This testimony amounts to an argument that two negatives make a positive. The argument was not persuasive. When pressed by the undersigned, Mr. St. Clair expressed his opinion that a viable population is “one where you have active reproduction and that population is sustaining itself over time.” He testified that, based on the presence of both “abandoned and active burrows” on a large area indicates a viable population. Mr. St. Clair later said the combination of “active and inactive burrows” in the area led him to conclude the population was viable. The Gopher Tortoise Survey incorporated in the Flatwoods Report mapped all active and inactive, but not abandoned, burrows on the site. The map indicating the location of the 54 burrows does not distinguish between active and inactive burrows. Nor was there any testimony to distinguish active from inactive burrows on the site. All of the burrows could be either active or inactive. Mr. St. Clair’s testimony was not persuasive. The most persuasive evidence on the issue was offered by Cemex’s expert, Lee Walton. Mr. Walton is a gopher tortoise expert and the author of the Flatwoods Report. He testified that the gopher tortoise habitat on site is poor quality, located in degraded orange groves, with limited food resources. When he surveyed the property in 2017, there were 54 burrows; down from 61 burrows identified when he surveyed the property six years earlier. He also noted the absence of juvenile tortoises during both surveys. Juveniles are necessary to support a viable population. Finally, Respondents introduced a report prepared by The Gopher Tortoise Council, dated July 24, 2013, which indicates that a minimum viable population of gopher tortoises is 250 adults. The report refers to groups of less than 50 tortoises as “small non-viable populations.” Petitioner did not prove that the Plan Amendment Area includes habitat known to support a viable gopher tortoise population. Petitioner did not prove the Plan Amendment is inconsistent with Objective 1.10B and Policy 1.10B(3). Data and Analysis Section 163.3177 requires plan amendments to “be based upon relevant and appropriate data and an analysis by the local government.” The statute provides, “[t]o be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of” the plan amendment at issue. Id. Further, “data must be taken from professionally accepted sources.” § 163.3177(1)(f)2., Fla. Stat. The statute does not require original data collection by local governments. In his Proposed Recommended Order, Petitioner generally argues that the Plan Amendment is “not based upon and fails to react appropriately to relevant, appropriate, or professionally acceptable data and analysis,” but identifies no specific data or analysis that is contrary to the Plan Amendment. Petitioner does highlight the fact that the County has 13,000 acres currently designated for mining use, arguing that the conversion of this property to mining use is not supported on that basis. The Plan Amendment is supported by extensive data identifying the Plan Amendment Area as located within the Hernando County Brooksville Ridge, which contains viable and valuable deposits of limestone known as Suwannee limestone; expert geologist, Mark Stephens’ confirmation that a reserve of this limestone exists beneath the Mining Area; and the location of the Plan Amendment Area adjacent to the existing Brooksville Quarry, which allows efficiencies in production and processing of the limestone on site. The Plan Amendment is based on data from the County and from the Bureau of Economic and Business Research at the University of Florida that, although the Mining Area is currently designated for Residential use, market conditions are such that residential development in the area is not likely in the near future. This finding is further supported by data documenting an excess supply of residentially designated property in the County. The Plan Amendment is supported by Dr. Henry Fishkind’s analysis, based on data available at the time the Plan Amendment was adopted, that the Plan Amendment will generate $38 million in net fiscal revenue to the County during the 20-year lifespan of the mining operation. Petitioner did not introduce any relevant credible data or analysis which contradicted the voluminous data submitted in support of the application. Petitioner did not prove the Plan Amendment is not supported by relevant and appropriate data and analysis, or that it does not react to available data and analysis in an appropriate way. Meaningful and Predictable Standards Finally, Petitioner alleges the Plan Amendment is inconsistent with section 163.3177(1), which requires that a local comprehensive plan “shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development regulations.” In his Petition, Petitioner alleged the Plan Amendment “eliminates from the County’s Comprehensive Plan existing meaningful guidelines focused on residential growth for the content of more mine zoning.” Petitioner further alleged that the Plan Amendment fails to provide meaningful and predictable standards for protecting, preserving, enhancing, conserving, and restoring Hernando County’s environmentally sensitive natural resources. Petitioner did not cite to any particular aspect of the change in use or any particular language of the Plan Amendment alleged to fall short of meaningful and predictable standards. The Plan Amendment does not delete or eliminate any provision of the existing Comprehensive Plan. The Plan Amendment changes the future land use designation of the Plan Amendment Property and adds text setting criteria to be followed in the mining and reclamation process. These criteria are in addition to other regulations imposed on mining and reclamation uses through the Mining Element and the County’s land development regulations. Petitioner argues in his Proposed Recommended Order that the Plan Amendment does not provide meaningful standards for the development of land because it does not react appropriately to relevant, appropriate, or professionally- acceptable data and analysis. That argument is a simple restatement of his data and analysis challenge, which was not proven. Petitioner alternately argues that the development standards in the Plan Amendment are not predictable because they conflict with other existing provisions of the Comprehensive Plan. This is another repackaging of Petitioner’s internal inconsistency argument, which was not proven. Petitioner did not prove that the Plan Amendment fails to provide meaningful and predictable standards for the use and development of land or for the establishment of more detailed land development regulations.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Economic Opportunity enter a final order determining that Plan Amendment CPAM 1702, adopted by Hernando County Ordinance 2018-12, on June 12, 2018, is “in compliance,” as that term is defined by section 163.3184(1)(b), Florida Statutes. DONE AND ENTERED this 1st day of May, 2019, in Tallahassee, Leon County, Florida. S SUZANNE VAN WYK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 1st day of May, 2019.
The Issue The issue is whether the proposed site is consistent and in compliance with existing land use plans and zoning ordinances.
Findings Of Fact NOTICE In compliance with Rule 17-17.151(4)(e), Florida Administrative Code, notice of the hearing was published in the Florida Administrative Weekly on October 2, 1992. A news release containing notice of the hearing was given to the media on September 21, 1992, and October 21, 1992. A copy of the public notice was sent by certified mail, return receipt requested, to the chief executives of the local authority responsible for zoning and land use planning in Dade County, in compliance with Rule 17-17.151(4)(b), Florida Administrative Code. A copy of the public notice was posted at the site in compliance with Rule 17-17.151(4)(c), Florida Administrative Code. Additionally, notice was published on September 25, 1992, in the Miami Review, a newspaper of general circulation in Dade County, in compliance with Rule 17-17.151(4)(a), Florida Administrative Code. LAND USE AND ZONING CONPLIANCE The proposed expansion of Dade County's Resource Recovery Facility, as set forth in its Site Certification Application, will be within the confines of the certified site of the existing resource recovery facility. Hence, that existing site carries a presumption that its current use is consistent with land use considerations. The site of the proposed expansion is consistent with the Dade County Comprehensive Development Master Plan (Dade Master Plan) pursuant to the Growth Management Act of 1985. More particularly, the site has a land use designation of "Institutional and Public Facility" on the Future Land Use Plan Map of the Dade Master Plan. The "Institutional and Public Facility" designation permits the construction and operation of a resource recovery facility. Also, the proposed expansion of Dade County's Resource Recovery Facility is consistent with: Objective 5 and Policies 5-A and 5-B as set forth in the interpretive text to the Land Use Element of the Dade Master Plan; Objective 3 and Policies 3-A, 3-B, 3-C, 3-D, 3-E and 3-F of the Conservation Element of the Dade Master Plan; and Policies 1-K and 4-B of the Water, Sewer and Solid Waste Elements of the Dade Master Plan. The existing site is presently within the GU interim district. Resolution R-569-75, which granted county approval for the existing site, satisfies the need to show compliance with the zoning ordinance. The proposed expansion of the Dade County Resource Recovery Facility is consistent with the zoning code found in Chapter 33 of the Code of Metropolitan Dade County as well as Resolution R-569-75.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Governor and Cabinet, sitting as the Siting Board, enter a Final Order determining that the site of the proposed Dade County expansion of its resource recovery facility is consistent and in compliance with existing land use plans and zoning ordinances. DONE and ENTERED this 24th day of November, 1992, at Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of November, 1992. APPENDIX TO RECOMNENDED ORDER IN CASE NO. 92-4672EPP The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted in this case. Specific Rulings on Proposed Findings of Fact Submitted by the Applicant, Dade County Each of the following proposed findings of fact is adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 2-4(1); 5(2); 6(4); and 7(5). Proposed finding of fact 1 is unnecessary. COPIES FURNISHED: Ross McVoy, Attorney at Law Fine Jacobson Schwartz Nash & Block 215 South Monroe, Suite 804 Tallahassee, Florida 32301-1859 Stanley B. Price, Attorney at Law Fine Jacobson Schwartz Nash & Block 100 Southeast 2nd Street Suite 3600 Miami, Florida 33131-2130 Representing the Applicant Richard Donelan Assistant General Counsel Department of Environmental Regulation 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Representing DER Hamilton S. Oven, Jr. Office of Siting Coordination Department of Environmental Regulation 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Gail Fels Assistant County Attorney Metro Dade Center, Suite 2800 111 Northwest First Street Miami, Florida 33128 Representing Dade County Lucky T. Osho Assistant General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Representing DCA William H. Roberts Assistant General Counsel Department of Transportation 605 Suwanee Street, MS-58 Tallahassee, Florida 32399-0458 Representing DOT Toni M. Leidy Attorney at Law South Florida Water Management District 3301 Gun Club Road Post Office Box 24680 West Palm Beach, Florida 33416-4680 Representing SFWMD Michael Palecki, Chief Bureau of Electric & Gas Florida Public Service Commission 101 East Gaines Street Tallahassee, Florida 32399-0850 Representing PSC M. B. Adelson IV Assistant General Counsel Department of Natural Resources 3900 Commonwealth Blvd., MS-35 Tallahassee, Florida 32399-3000 Representing DNR James Antista, General Counsel Florida Game and Fresh Water Fish Commission Bryant Building 630 South Meridian Street Tallahassee, Florida 32399-1600 Representing GFWFC Carolyn Dekle, Executive Director Sam Goren, Attorney at Law South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Representing South Florida Regional Planning Council David M. DeMaio Attorney at Law One Costa del Sol Boulevard Miami, Florida 33178 Representing West Dade Federation of Homeowner Associations Honorable Lawton Chiles Honorable Jim Smith Governor Secretary of State State of Florida State of Florida The Capitol The Capitol, PL-02 Tallahassee, Florida 32399 Tallahassee, Florida 32399-0250 Honorable Robert A. Butterworth Honorable Tom Gallagher Attorney General Treasurer and Insurance State of Florida Commissioner The Capitol State of Florida Tallahassee, Florida 32399-1050 The Capitol Tallahassee, Florida 32399 Honorable Bob Crawford Commissioner of Agriculture Honorable Gerald A. Lewis State of Florida Comptroller The Capitol State of Florida Tallahassee, Florida 32399-0810 The Capitol, Plaza Level Tallahassee, Florida 32399 Honorable Betty Castor Commissioner of Education State of Florida The Capitol Tallahassee, Florida 32399
The Issue Miami-Dade County's Krome Avenue is a two-lane, undivided highway. In October 2002, the Board of County Commissioners for Miami-Dade County (the Commission) passed Ordinance No. 02-198. The ordinance adopted an amendment composed of several parts to the County's Comprehensive Development Master Plan (CDMP). Among the parts of the amendment were changes and additions to the CDMP initiated by an application ("Application No. 16") that relate to Krome Avenue (the "Plan Amendment.")1 Quite detailed, the Plan Amendment, in essence, makes changes that re-designate a substantial segment of Krome Avenue from 2 lanes to 4 lanes. The Plan Amendment's additions add all of Krome Avenue as a Major Route among the CDMP's designated evacuation routes in the year 2015, create new policies related to approval of use of land in the vicinity of Krome Avenue designated as a four-lane roadway and create a new policy related to planned capacity improvement to the roadway, including widening to four lanes. The issue in this growth management case is whether the Plan Amendment is "in compliance" as defined in the Local Government Comprehensive Planning and Land Development Regulation Act. Preliminary Statement Under cover of a letter dated January 17, 2003, the Department of Community Affairs (the "Department" or "DCA") forwarded to the Division of Administrative Hearings (DOAH) a petition that requested a formal administrative hearing. The petition was "forwarded [to DOAH] for assignment of an Administrative Law Judge pursuant to Section 163.3184(9), Florida Statutes." The petition was filed by the Sierra Club and John S. Wade, Jr., against the Department and Miami-Dade County (County) after the Department had issued a notice of intent to find the Plan Amendment transmitted by the County "in compliance" with the Local Government Comprehensive Planning and Land Development Regulation Act (the "Act" or the "Growth Management Act") contained in Part II of Chapter 163, Florida Statutes. The petition alleges that the Plan Amendment is "not in compliance as defined in section 163.3184(1), Fla. Stat., because it is inconsistent with the requirements of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, the state comprehensive plan, with appropriate strategic regional policy plan, and with Chapter 9J-5, FAC." Petition for Formal Administrative Hearing, p. 4, paragraph 16. For relief, the petition requests, inter alia, that the administrative law judge enter a recommended order finding that the Plan Amendment is not in compliance. Upon receipt of the petition, DOAH assigned it Case No. 03-0150GM. Charles A. Stampelos was designated as the Administrative Law Judge to conduct the proceedings. A Notice of Hearing was issued that set the case for final hearing in March and April 2003. In February, the case was continued until September 2003 and in July 2003, the case was re-assigned to the undersigned. Prior to final hearing, two petitions to intervene were filed: the first, by Monroe County in support of Petitioners2; the second, in support by the City of Homestead in support of DCA and Miami-Dade County.3 Both were granted subject to proof of standing. Prior to hearing, a number of unopposed motions for continuances were granted. In addition, three motions were filed by the County: one for summary final order, a second to relinquish jurisdiction and issue a recommended order and the third a motion in limine. The three motions were denied. The case proceeded to final hearing in September 2005 in Miami, Florida. The evidentiary portion of the final hearing opened with the introduction and admission of most of the joint exhibits admitted over the course of the hearing. All in all, 60 joint exhibits were offered and admitted. They are marked as Joint Exhibit Nos. 1-17, 19-27, 29-31, 34-44, 46-49, 51-57, and 59-67. Petitioners commenced the presentation of their case-in- chief first. They presented the testimony of seven witnesses: Dickson Eazala, Comprehensive Planner with Miami-Dade County; Kay Bismark, an expert in the Redland area real estate market; John S. Wade, Jr., Petitioner; Rodrick Jude, Chair of the Sierra Club's Miami Group Executive Committee; Thomas Van Lent, an expert in the field of southern Everglades hydrology and restoration; Charles Pattison, Executive Director and Planner for One Thousand Friends of Florida and an expert in comprehensive planning and compliance under the Growth Management Act; and, Diane O'Quinn, Director of Miami-Dade County's Department of Planning and Zoning, an expert in the field of comprehensive planning. Petitioners offered 13 exhibits, marked as Petitioners' Exhibit Nos. 9-13, 17-19, 21-23, and 29-30. Petitioners' Nos. 18 and 23 were rejected and then proffered by petitioners. The rest of the exhibits offered by Petitioners were admitted. Intervenor Monroe County presented the testimony of Timothy McGarry, Director of Growth Management in Monroe County and an expert in land planning. Monroe County offered two exhibits, marked as Monroe County Exhibit Nos. 1 and 2; both were admitted. Miami-Dade County presented the testimony of Thomas Pelham, an expert in the fields of comprehensive planning and review of plans and plan amendments for compliance with Chapter 163, Florida Statutes, and Florida Administrative Code Rule 9J-5; Alice Bravo, District Planning and Environmental Management Engineer for the Florida Department of Transportation (FDOT); and Jonathan Lord, Emergency Management Coordinator with Miami- Dade County's Office of Emergency Management. Miami-Dade County offered two exhibits, marked as Miami-Dade County Exhibit Nos. 1 and 2; both were admitted. The Department of Community Affairs presented the testimony of Paul Darst, Senior Planner in the Department, an expert in the fields of comprehensive planning and the review of comprehensive plan amendments with Chapter 163, Florida Statutes, and Florida Administrative Code Rule 97-5. The Department offered one exhibit, marked as DCA Exhibit No. 1. It was admitted. After a number of motions granted to extend the time for the filing of proposed orders, the parties filed timely proposed recommended orders on February 3, 2006. This Recommended Order follows.
Findings Of Fact Krome Avenue Less than a mile south of downtown Florida City, at a "fork in the road" for a driver headed north, Krome Avenue branches off of US 1 (South Dixie Highway). It heads in a northwesterly direction for a short distance, turns due north through Florida City and the City of Homestead and then bolts northward across a considerable stretch of western Miami-Dade County. With only a slight directional variation at an intersection with Kendall Drive, the road continues its due north run until its last several miles when it turns northeasterly before it merges with US 27 (Okeechobee Road) just shy of the Broward County line. Over its 37-mile span, there are a number of significant features of the two-lane undivided roadway. Known also as 177th Avenue, it serves as the main street for the City of Homestead, a municipality hard-hit by Hurricane Andrew in 1992. It treads along the edge of the Everglades Protection Area. In the south, Krome Avenue's locus varies in distances relatively close to Everglades National Park. In the case of Water Conservation Area 3 (WCA-3) to the north, the roadway abuts the Everglades sector's politically-drawn east border. For most of its length north of US 41 or the Tamiami Trail it fragments wetlands designated as "Environmental Protection" with WCA-3 to the west and an extension of the historical Everglades to the east. It also traverses the Redland, an expansive tract of prime agricultural land packed between suburbs and the fabled River of Grass. Krome Avenue's cross of the Redland renders it a route essential to agricultural interests in the area. The roadway is used to transport harvested row crops and as a means to get produce from fruit and vegetable groves to market in the face of competitive pressure from Mexico and Central America, competition generated by the North American Free Trade Agreement (NAFTA) since its adoption during the Clinton Administration. Lately, Krome Avenue has been a shipping lane for bush, flower and tree products from recently-arisen container nurseries dedicated to ornamental horticulture. The burgeoning nursery business supports the landscaping needs of the real estate and building industries in a county that has experienced explosive residential and commercial growth recently due in substantial part to stimulation from a financing environment of low interest rates that has persisted for more than half a decade. Due to Krome Avenue's proximity to the Everglades, any proposed and adopted amendments to the CDMP or local zoning action that might promote improvement of the roadway draws attention of some involved in the Comprehensive Everglades Restoration Project (the "Project" or "CERP"). The Project, called for by Congress to be completed by the U.S. Army Corps of Engineers in a joint effort with the state and the South Florida Water Management District (SFWMD) involves the expenditure of prodigious governmental funds and utilization of ground-breaking science. Of considerable interest to many communities, residential, commercial, environmental, agricultural, and scientific, to name some of the more obvious, CERP is the subject of government involvement at all levels. Of concern is anticipation that improvement to Krome Avenue supported by CDMP amendments threatens to contribute to rises in the value of property that is being sought or may be sought for governmental acquisition to further CERP at a time when there are various forces in play to reduce funding for the Project. A Significant Roadway Krome Avenue's is Miami-Dade County's westernmost roadway of statewide significance. The CDMP recognizes this status: it classifies the roadway as a state principal arterial roadway. The state likewise recognizes Krome Avenue's significance. FDOT has designated Krome Avenue a corridor in the Florida Intrastate Highway System (FIHS)4 developed to address requirements for a National Highway System imposed by the Congress' Intermodal Surface Transportation and Efficiency Act (ISTEA) of 1991. The Plan Amendment makes it is a hurricane evacuation route for residents and the transient population of south Miami-Dade County and provides an alternative evacuation route to Monroe County and the Florida Keys, an area sensitive to effects generated by residential development in south Florida. Despite its import to local, state and national transportation systems and the recognition of that import in the last several decades, the roadway has remained an undivided rural two-lane highway. Its configuration and the transportation demands that have increased in recent years have led to concerns about safety on much of Krome Avenue. Krome Avenue Safety The 33-mile segment of the corridor between Southwest 296th Street and US 27 exhibits a vehicular crash rate that is consistently higher than the statewide average for highways with the same characteristics. A significant portion of those crashes have resulted in fatalities or severe injuries. Between 1995 and 1999, there were 966 total vehicular crashes, of which 106 resulted in severe injuries and 16 resulted in fatalities. The number of crashes resulting in fatalities increased significantly after 1999. Between January 2000 and July 2002, there were an additional 26 crashes resulting in fatalities. Between 1995 and 2002, a total of 59 people died on Krome Avenue in the 42 crashes involving fatalities. Fatal crashes occurred in four segments of Krome Avenue as indicated here: Road Segment Crashes Deaths Okeechobee Rd. (US 27) to Tamiami Trail (SW 8 St.) 16 26 Tamiami Trail (SW 8 St.) to Kendall Drive (SW 88 St.) 3 4 Kendall Drive (SW 88 St.) to Eureka Drive (SW 184 St.) 16 21 Silver Palm Drive (SW 232 St.) to Avocado Drive (SW 296 St.) 7 8 Of the 42 fatal crashes between 1995 and 2002, 15 were the result of head-on collisions. Another 15 were the result of centerline crossovers, where a vehicle traveling in one direction crossed over the roadway centerline and struck a vehicle traveling in the opposite direction. Crossover collisions differ from head-on collisions in that the point of impact is usually at an angle. Head-on collisions and crossover collisions on Krome Avenue are due at least in part to its configuration as a two- lane, undivided road. Because crashes occurred throughout the 33-mile corridor and not just at intersections, independent transportation engineering consultants retained by FDOT to analyze conditions on Krome Avenue recommended that a safety improvement plan should be considered for the entire corridor. (See paragraphs 18. to 28., below.) Daily traffic volumes on Krome Avenue increased steadily between 1995 and 2001, growing at a rate of over 10 percent per year. In 2001, weekday traffic volumes were approximately 14,000 to 15,000 vehicles between S.W. 8th Street and S.W. 296th Street and approximately 9,000 vehicles between US 27 and Southwest 8th Street, as illustrated in the following table: Road Segment Avg. Daily Traffic 2001 Okeechobee Rd. (US 27) to Tamiami Trail (SW 8 St.) 9,000 Tamiami Trail (SW 8 St.) to Kendall Drive (SW 88 St.) 14,800 Kendall Drive (SW 88 St.) to Eureka Drive (SW 184 St.) 14,500 Eureka Drive (SW 184 St.) to Silver Palm Drive (SW 232 St.) 14,600 Silver Palm Drive (SW 232 St.) to Avocado Drive (SW 296 St.) 14,100 Long-range traffic projections indicate that by the year 2020, weekday traffic volumes will be between 18,000 and 21,000 vehicles south of S.W. 8th Street, and approximately 12,000 vehicles to the north. No projection suggests that traffic will decrease. Indeed, traffic models for Miami-Dade County have systematically underestimated actual traffic volume. Many intersections on Krome Avenue operate with unacceptable levels of delay, which affect drivers’ overall travel times. These conditions are reasonably expected to degrade over the coming decades. The increased traffic volume and attendant diminution in Level of Service mean that a large percentage of motorists on Krome Avenue are not able to travel at desired speeds. Slow- moving vehicles impede drivers’ forward progress, but because Krome Avenue is a two-lane road with a high volume of traffic traveling in both directions, drivers are not able to pass those vehicles. The result is an increase in driver frustration. The number of head-on crashes on Krome Avenue indicates that many drivers, as they get frustrated, are more willing to attempt risky passing maneuvers. Because passing generally involves higher speeds, crashes that result from risky passing maneuvers are more likely to result in fatalities or severe injuries. The problems associated with driver frustration are further exacerbated by the increasing volume of large trucks on Krome Avenue. The number of trucks as a percentage of overall traffic varies between 26 percent and 32 percent of daily traffic. Trucks contribute to delays at intersections and, thus, to overall delays in travel times. Trucks have difficulty turning off of Krome Avenue, thereby encouraging vehicles to attempt to pass them; those vehicles in turn pose a hazard to oncoming traffic, because they are obscured by the truck. Finally, the high percentage of trucks on the road contributes to an increase in the severity of crashes involving trucks. In general, because of the difference in size and speed between trucks and automobiles, the two types of vehicles should be separated as much as possible especially by a median separating lanes of traffic proceeding in opposing directions. The 1999 Krome Avenue Action Plan In 1999, FDOT produced the Krome Avenue Action Plan (the "Action Plan.") The Action Plan followed by nine years the Florida Legislature's adoption of the FIHS of which Krome Avenue is a part. FIHS standards require that FIHS roadways be designated as controlled access facilities and that they be configured with a minimum of four lanes divided by a restrictive median (the "FIHS Directive"). Attempts to bring Krome Avenue into compliance with the FIHS Directive met with difficulties described in the Executive Summary of the Action Plan: To begin the long-range planning process required to achieve this directive, the Florida Department of Transportation (FDOT) programmed various phases of improvement for Krome Avenue in their tentative work program. This work program was adopted by the Metropolitan Planning Organization (MPO) as the Miami-Dade County Transportation Improvement Plan (TIP) and provides funding for a more detailed study of the corridor. This action set off a string of controversial meetings and hearings regarding the consistency of the TIP, the Miami-Dade County Comprehensive Development Master Plan (CDMP), and local government comprehensive plans. In response to the controversy, the MPO modified their TIP to eliminate consideration of Krome Avenue as a four (4) lane divided roadway with landscaped medians throughout the facility. In February 1997, FDOT began analyzing the Krome Avenue corridor and developing the Krome Avenue Action Plan. During the public involvement process, several alternatives were developed to preserve Krome Avenue as a two (2) lane roadway. The results of sixteen (16) months of public involvement activities and engineering analysis identified the need to preserve the rural character of the corridor while providing safety and operational enhancements to the existing roadway. Joint Exhibit 19, pgs. i-ii, (emphasis supplied). In light of difficulty in reaching "consensus and public acceptance for any improvement alternative," id., p. ii, the Action Plan was conducted "as a precursor to the requisite Project Development and Environment (PD&E) Study to avoid the expenditure of the large sums of public funds in a study effort, with no resulting project." Id. The Action Plan required that Krome Avenue be maintained as a two-lane road, and it recommended improvements, such as adding additional lanes and traffic signals at intersections; implementing an access management plan to limit the number of driveways and cross-street connections to Krome Avenue and to restrict turns off of the roadway; enhancing road shoulders; providing passing zones; adding pedestrian and bicycle facilities; improving pavement markings and signs; and widening the areas from the edge of the roadway that are free of obstructions, known as clear zones, to prevent crashes that result from drivers running off of the road. The Action Plan was premised on traffic volume projections for the year 2010 that were exceeded or were nearly exceeded by the traffic actually observed in 2001, nine years before the final projection. In addition, the amount of traffic observed in 2001 was close to the amount of traffic projected for 2020: Road Segment 2010 KAAP Forecast 2020 KAAP Forecast 2001 Avg. Daily Traffic Okeechobee Rd. (US 27) to Tamiami Trail (SW 8 St.) 9,349 10,475 9,000 Tamiami Trail (SW 8 St.) to Kendall Drive (SW 88 St.) 14,713 16,486 14,800 Kendall Drive (SW 88 St.) to Eureka Drive (SW 184 St.) 14,713 16,486 14,500 Eureka Drive (SW 184 St.) to Silver Palm Drive (SW 232 St.) 12,730- 16,351 13,486- 18321 14,600 Silver Palm Drive (SW 232 St.) to Avocado Drive (SW 296 St.) 11,921- 16,917 12,629- 17,921 14,100 Furthermore, after the Action Plan, that is, after 1999, the number of fatal crashes increased significantly. The increase was noted in an "Existing Level of Service Study" prepared for District VI of FDOT by Kittelson & Associates, Inc., (the "Kittelson Report"). The Kittelson Reports In 2002, FDOT retained Kittelson & Associates (“Kittelson”), independent transportation planning and engineering consultants, to report on Krome Avenue. Kittelson produced two reports in August and October of that year (the "First Kittleson Report" and the "Second Kittleson Report"). The First Kittleson Report is entitled “SR 997/Krome Avenue Existing Level of Service Study” and the Second Kittleson Report is entitled “SR 997/Krome Avenue Future Conditions Analysis and Mitigation Measures.” See Joint Exhibits 15 and 49. The 1999 Action Plan, prepared in the wake of public controversy and concerns regarding consistency between the CDMP and the FIHS Directive, directly addressed those concerns and reached a compromise in the conflict. As stated in the last paragraph of its Executive Summary: Although the improvements in the Krome Avenue Action Plan do not result in a facility that meets all FHS standards, the Action Plan represents the best compromise among a wide range of diverse interests including hundreds of interested residents, agency staff, and elected officials. Joint Exhibit 19 (emphasis supplied). Unlike the Action Plan, however, Kittelson's focus, as stated in the opening sentence of its Executive Summary in the First Kittleson Report, was squarely on level of service and safety issues: "The purpose of this study is to perform a detailed Level of Service and safety analysis for existing conditions along the SR 997/Krome Avenue (177th Avenue) corridor." Joint Exhibit 15, pgs. II and 2. In the Second Kittleson Report, Kittleson summarizes its finding with regard to the increase in the number and severity of crashes on Krome Avenue: . . . [I]t is clear that traffic volume growth and increasing levels of congestion have contributed to driver frustration and attempts to make risky passing maneuvers on Krome Avenue. This has probably led to an increase in the number and severity of crashes in the corridor. Joint Exhibit 49, p. E-V. The Second Kittleson Report recognized that short of widening to a divided, four-lane roadway, there are a number of congestion and safety measures that could be considered to enhance mobility and safety, some of which were recommended by the 1999 Action Plan and some that were in addition to that plan. But the Second Kittleson Report argued for consideration of widening Krome Avenue to a four-lane divided roadway: . . . [T]here are four factors that, in combination, argue for the consideration of widening Krome Avenue to a four lane divided section: The fact that Krome Avenue is on the Florida Intrastate Highway System and the requirement that it be designated as controlled-access facility with a cross-section that provides for at least four lanes with a restrictive median. The likelihood that the high percentage of trucks that use the entire length of the corridor Id. contribute to an increase in crash severity when trucks are involved in crashes. The increasing levels of roadway and intersection congestion and the difficulty in mitigating these levels of congestion short of providing for additional north-south through movement capacity. The crash experience on Krome Avenue exceeds the statewide average for this type of roadway. The high number of crashes and the increase in crash severity (as demonstrated by an increase in the number of fatal crashes largely due to head-on and angle collisions) that likely would be mitigated by physically separating the directions of travel with a median. In a section of the Second Kittelson Report under the heading of "Availability of Passing" Kittelson details the problems with passing on a two-lane undivided Krome Avenue, the contribution these problems make to head-on collisions and the high speeds at which passing maneuvers occur. The report concludes that several measures should be considered to counter safety issues associated with passing maneuvers, among them, the addition of passing lanes and a median separated two-lane section. The first countermeasure recommended, however, is the creation of a four-lane section: A four-lane section eliminates the need for drivers to judge the adequacy of gaps in opposing traffic and use the opposing lane to perform the passing maneuver. The length and placement of a four-lane section can vary (for example, a four-lane section can be located between intersections or on a specific stretch of roadway). It is noted that in areas where access to roadside properties exists or is planned, a four-lane section should be median separated and that left-turn lanes need to be provided to minimize crossover crashes and rear-end crashes. A properly designed four-lane section can be expected to nearly eliminate head-on crashes (a crash type that often results in severe injuries or fatalities) and reduce the total number of roadway crashes associated with passing maneuvers. Joint Exhibit 49 (emphasis supplied). The Second Kittleson Report notes that "[w]hen considering potential countermeasures, it is important to note that one treatment does not have to be applied to the entire corridor." Joint Exhibit 49, p. 36. The reason is that there are a number of issues including safety that should be examined. The Second Kittelson Report reaches the conclusion, therefore, that "[a]n alternative analysis that considers issues such as available right-of-way, environmental impacts, safety benefits, operational benefits, and community concerns should be completed in order to decide what the preferred treatment should be." Id. In light of four factors stated above and specifically, the solution to head-on collisions offered by upgrading a two-lane undivided highway to a four-lane divided highway, Kittelson in the Second Kittleson Report recommends, "that a Project Development and Environment process be conducted to consider the range of solutions for improving the operational and safety characteristics of Krome Avenue." Joint Exhibit 49, p. E-V. The Kittleson reports, therefore, went a step beyond the 1999 Action Plan. They call for improvement of some or all of Krome Avenue to a four-lane section with a restrictive median as one of the solutions, among a range of solutions, to safety on Krome Avenue. Before such an improvement can take place, however, FDOT must conduct a Project Development and Environment Study (a "PD&E Study.") FDOT's Position FDOT is solely responsible for funding and building improvements to Krome Avenue. FDOT has neither a rule nor an un-codified policy that it will not consider funding or building an improvement to a road under its jurisdiction when improvement would be inconsistent with an applicable local comprehensive plan. Nevertheless, as made clear in the 1999 Krome Avenue Action Plan, FDOT is plainly sensitive to undertaking expensive studies necessary to roadway improvements that are inconsistent with local comprehensive plans. A PD&E Study is resource-intensive in time, money and FDOT commitment. Inconsistency with a local comprehensive plan is not a prescription for action on roadway improvement; rather it tends to produce a situation laden with complication as FDOT's District Engineer testified at hearing: (Tr. 768) Q. . . .[I]f this plan amendment which authorizes the widening, on the comprehensive plan, to four lanes, if this amendment is rejected, what happens next? A. . . . [W]e would have to stop and consider the circumstances, the situation, a lot of different factors before we decided whether or not to proceed with the ... study. FDOT has long been aware of safety problems on Krome Avenue. In the wake of the Kittelson Reports commissioned after a rapid rise in life-threatening traffic accidents on Krome suspected to be due, at least in part, to its configuration and a strong recommendation that widening and median placement be considered among a range of improvements, a PD&E Study was not commenced. As of the time of hearing a PD&E Study had still not been commenced. Evacuation Route In considering the data related to safety on Krome Avenue, including the Kittelson Report, the Commission considered Krome Avenue's status as an evacuation route. Since the early 1990s, Miami-Dade County has experienced significant population growth along its southern and western fringes, between the Broward County line and the Homestead/Florida City area. This growth is reasonably expected to continue. Because Krome Avenue is one of only three continuous north-south routes in Miami-Dade County, it is important to persons evacuating the City of Homestead and other surrounding areas in southern and western Miami-Dade County and Monroe County. Krome Avenue is an evacuation route not only for hurricanes but also for “all hazards,” such as a meltdown at the Turkey Point Nuclear Power Plan. Nonetheless, it is not designated by Monroe County as part of the official evacuation route. Krome Avenue had been used to evacuate southern Miami- Dade County during Hurricane Andrew. It had also been used to transport relief personnel, vehicles, and supplies in the aftermath of that storm. Given the growth of Miami-Dade County’s population, the other north-south routes, the Florida Turnpike and US 1, would be extremely congested if all of southern and western Miami-Dade County evacuated—much more so if Monroe County evacuated at the same time. Moreover, it is not only people who live in mandatory evacuation zones who evacuate during an emergency: an increasing number of people evacuate voluntarily. Additional capacity on Krome Avenue is necessary to accommodate both mandatory and voluntary evacuees. Miami-Dade County’s Comprehensive Emergency Management Plan, prepared by the Miami-Dade Office of Emergency Management (“OEM”) in October 2000 and adopted by the County Commission, currently designates Krome Avenue as a primary north-south evacuation route for the Florida Keys and south Miami-Dade, in the event of a hurricane or an emergency related to the Turkey Point Nuclear Power Plant. Designated evacuation routes are roads that OEM encourages people to use in an emergency, and they are selected based on recognizability, carrying capacity, and where they end. To maintain consistency between the Emergency Management Plan and the CDMP, the Plan Amendment amends the map of “Designated Evacuation Routes-2015” in the Transportation Element to add Krome Avenue as a “Major Route.” Monroe County’s Director of Growth Management, Timothy McGarry, opined that Krome Avenue was not necessary to accommodate evacuation from Monroe County, because the Florida Turnpike provided adequate capacity. But McGarry based his opinion on the amount of Monroe County’s population that has historically evacuated, which is 50 percent. McGarry would not say that the Florida Turnpike would provide adequate capacity if 100 percent of Monroe County’s population were to evacuate. Moreover, McGarry conceded that, in formulating his opinion, he had not considered what would happen if both Monroe County and southern Miami-Dade County evacuated at the same time. A four-lane Krome Avenue would increase the capacity of Miami-Dade County’s Primary Evacuation Route System and facilitate relief efforts to south Miami-Dade and Monroe County. Moreover, if residents of both Miami-Dade County and Monroe County are evacuated, the additional capacity would allow OEM to direct Miami-Dade residents to Krome Avenue, thus opening the Turnpike and US 1, which provide the only exit routes from the Florida Keys, for residents and tourists evacuating Monroe County. The CDMP and the UDB Miami-Dade County is one of the only counties in the State of Florida to have an “urban development boundary" (UDB.) In the Land Use Element of the Adopted Components of the Year 2000 and 2010 CDMP dated December, 1988, the UDB is described: The Urban Development Boundary (UDB) is included on the LUP map to distinguish the area where urban development may occur through the year 2000 from areas where it should not occur. * * * The CDMP seeks to facilitate the necessary service improvements within the UDB to accommodate the land uses indicated on the LUP map within the year 2000 time frame. Accordingly, public expenditures for urban service and infrastructure improvements shall be focused on the area within the UDB, and urban infrastructure is discouraged outside the UDB. In particular, the construction of new roads, or the extension, widening and paving of existing arterial or collector roadways to serve areas outside the UDB at public expense will be permitted only if such roadways are shown on the LUP map and in the Traffic Circulation Element. Joint Exhibit 56-A, pgs. I-35 and I-36. Thomas Pelham, Miami- Dade County's expert in comprehensive planning, explained the difference between a UDB and an Urban Services Area: The urban service area concept is the local government's designation of the areas in which it . . . will provide urban services. The urban growth boundary is a technique by which a line is drawn beyond which urban development will not be allowed. Tr. 662-3. With regard to the UDB, the parties stipulated, The CDMP currently contains policies to discourage urban sprawl and urban development in areas outside the Urban Development Boundary (the "UDB"), particularly areas designated Agriculture, Open Land, or Environmental Protection. These policies recognize limited exceptions for the provision of public services and facilities in such areas when necessary to protect public health and safety and serve the localized needs of the non-urban areas. Pre-hearing Stipulation, p. 14, para. 13. The UDB appears on the CDMP's Adopted 2005 and 2015 Land Use Plan map ("LUP map") as a broken line that on its northern end commences on the border with Broward County. It runs primarily north-to-south along the breadth of developed Miami-Dade County, within several miles of the Everglades and environmentally protected lands, and through the Redland to a point southwest of Florida City and Homestead where it turns sharply east for five to six miles and then heads in a primarily northeast direction around Homestead Regional Airport to meet the coast along Biscayne Bay near Black Point Park. Other counties have at most an “urban service area” or “urban service boundary,” which merely designates the areas in which the government will provide urban services. In contrast to the UDB, an urban service area does not prohibit urban development outside its boundary. A comprehensive plan with an urban services area typically provides only that the landowner, rather than the government, is responsible for providing urban services outside the urban services area. Miami-Dade County had the UDB before the Florida legislature adopted the laws requiring comprehensive plans, in 1985. The UDB thus predates the CDMP, which was adopted in 1988. Neither Chapter 163 nor Rule 9J-5 requires an urban development boundary. In providing a UDB in the CDMP, therefore, Miami-Dade County is making use of a technique to discourage urban sprawl that exceeds the requirements of Chapter 163 and Rule 9J-5. Miami-Dade County has rarely expanded the UDB in areas not designated as Urban Expansion Areas (“UEAs”). In the last 10 years, the UDB has only been expanded once. That amendment, for the Beacon Lakes project, approved an industrial use where rock mining and cement manufacturing had already taken place. All along its path, Krome Avenue is outside (or to the west of) the UDB. The CDMP does not specify any procedures for applications to move the UDB, beyond the requirements applicable to plan amendments generally. Instead, the procedures for moving the UDB are set forth in Section 2-116.1 of the Code of Miami-Dade County Florida (the “County Code”). That section requires an affirmative vote from two-thirds of the total membership of the County Commission. There are no restrictions on how frequently the County Code may be amended. Changes to the County Code may be accomplished by ordinance at any legislative meeting of the County Commission. The entire process can take as little as three months. Changes to the CDMP, by contrast, are subject to more rigorous procedures: applications may only be filed twice a year; they require review by the Regional Planning Council and DCA; they require two public hearings before the Planning Advisory Board; they require two public hearings before the County Commission; and the entire process takes one year. In its “Statement of Legislative Intent,” the CDMP provides: 3. The CDMP is intended to set general guidelines and principles concerning its purposes and contents. The CDMP is not a substitute for land development regulations. * * * 6. The Board recognizes that a particular application may bring into conflict, and necessitate a choice between, different goals, priorities, objectives, and provisions of the CDMP. While it is the intent of the Board that the Land Use Element be afforded a high priority, other elements must be taken into consideration in light of the Board’s responsibility to provide for the multitude of needs of a large heavily populated and diverse community. This is especially true with regard to the siting of public facilities. Recognizing that County Boards and agencies will be required to balance competing policies and objectives of the CDMP, it is the intention of the County Commission that such boards and agencies consider the overall intention of the CDMP as well as portions particularly applicable to a matter under consideration in order to ensure that the CDMP, as applied, will protect the public health, safety and welfare. Pre-Hearing Stipulation, para. 14. The CDMP currently contains substantive policies to discourage urban sprawl and urban development in areas outside the UDB, particularly areas designated Agriculture, Open Land, or Environmental Protection. These policies recognize limited exceptions for the provision of public services and facilities in such areas when necessary to protect public health and safety and serve the localized needs of the non-urban areas. Land Use Objective 1 provides: The location and configuration of Miami-Dade County’s urban growth through the year 2015 shall emphasize concentration and intensification of development around centers of activity, development of well designated communities containing a variety of uses, housing types and public services, renewal and rehabilitation of blighted areas, and contiguous urban expansion when warranted, rather than sprawl. Pre-Hearing Stipulation, para. 15. Land Use Element Policy 1P provides: Miami-Dade County shall seek to prevent discontinuous, scattered development at the urban fringe particularly in the Agriculture Areas, through its CDMP amendment process, regulatory and capital improvements programs and intergovernmental coordination activities. Pre-Hearing Stipulation, para. 16. Land Use Element Policy 1Q provides: While continuing to protect and promote agriculture as a viable economic activity in the County, Miami-Dade County shall explore and may authorize alternative land uses in the South Dade agricultural area which would be compatible with agricultural activities and associated rural residential uses, and which would promote ecotourism related to the area’s agricultural and natural resource base including Everglades and Biscayne National Parks. Pre-Hearing Stipulation, para. 17. Land Use Element Policy 2B provides: Priority in the provision of services and facilities and the allocation of financial resource for services and facilities in Miami-Dade County shall be given first to serve the area within the Urban Development Boundary (UDB) of the Land Use Plan (LUP) map. Second priority shall support the staged development of the Urban Expansion Area (UEA). Urban services and facilities which support or encourage urban development in Agriculture and Open Land areas shall be avoided, except for those improvements necessary to protect public health and safety and which service the localized needs of these non-urban areas. Pre-Hearing Stipulation, para. 18. Land Use Element Policy 8C provides: Through its planning, capital improvements, cooperative extension, economic development, regulatory and intergovernmental coordination activities, Miami-Dade County shall continue to promote agriculture as a viable economic use of land in Miami-Dade County. Pre-Hearing Stipulation, para. 19. Land Use Element Policy 8F provides: Applications requesting amendments to the CDMP Land Use Plan map shall be evaluated to consider consistency with the Goals, Objective and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the County; Enhance or impede provision of services at or above adopted LOS Standards; Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; Enhance or degrade environmental or historical resources, features or systems of County significance; and If located in a planned Urban Center, or within 1/4 mile of an existing or planned transit station, exclusive busway stop, transit center, or standard or express bus stop served by peak period of headways of 20 or fewer minutes, would be a use that promotes transit ridership and pedestrianism as indicated in the policies under Objective 7, herein. Pre-Hearing Stipulation, para. 20. Land Use Element Policy 8G provides: The Urban Development Boundary (UDB) should contain developable land having capacity to sustain projected countywide residential demand for a period of 10 years after adoption of the most recent Evaluation and Appraisal Report (EAR) plus a 5-year surplus (a total 15-year Countywide supply beyond the date of the EAR adoption). The estimation of this capacity shall include the capacity to develop and redevelop around transit stations at the densities recommended in policy 7F. The adequacy of non-residential land supplies shall be determined on the basis of land supplies in subareas of the County appropriate to the type of use, as well as the Countywide supply within the UDB. The adequacy of land supplies for neighborhood- and community- oriented business and office uses shall be determined on the basis of localized subarea geography such as Census Tracts, Minor Statistical Areas (MSAs) and combinations thereof. Tiers, Half-Tiers and combinations thereof shall be considered along with the Countywide supply when evaluating the adequacy of land supplies for regional commercial and industrial activities. Pre-Hearing Stipulation, para. 21. Land Use Element Policy 8H provides: When considering land areas to add to the UDB, after demonstrating that a countywide need exists, The following areas shall not be considered: The Northwest Wellfield Protection Area located west of the Turnpike Extension between Okeechobee Road and NW 25 Street, and the West Wellfield Protection Area west of SW 157 Avenue between SW 8 Street and SW 42 Street; Water Conservation Areas, Biscayne Aquifer Recharge Areas, and Everglades Buffer Areas designated by the South Florida Water Management District; The Redland area south of Eureka Drive; and The following areas shall be avoided: Future Wetlands delineated in the Conservation and Land Use Element; Land designated Agriculture on the Land Use Plan map; Category 1 hurricane evacuation areas east of the Atlantic Coastal Ridge; and The following areas shall be given priority for inclusion, subject to conformance with Policy 8G and the foregoing provision of this policy: Land within Planning Analysis Tiers having the earliest projected supply depletion year; Land contiguous to the UDB; Locations within one mile of a planned urban center or extraordinary transit service; and Locations having projected surplus service capacity where necessary facilities and services can be readily extended. Pre-Hearing Stipulation, para. 22. Interpretation of the LUP Map: Policy of the Land Use Element provides: Urban Development Boundary (p. I-45) The Urban Development Boundary (UDB) is included on the LUP map to distinguish the area where urban development may occur through the year 2005 from areas where it should not occur Adequate countywide development capacity will be maintained within the UDB by increasing development densities or intensities inside the UDB, or by expanding the UDB, when the need for such change is determined to be necessary through the Plan review and amendment process . . . . [U]rban infrastructure is discouraged outside the UDB. In particular, the construction of new roads, or the extension, widening and paving of existing arterial or collector roadways to serve areas outside the UDB at public expense will be permitted only if such roadways are shown on the LUP map and in the Transportation Element. . . . Concepts and Limitations of the Land Use Plan Map: Coordinated-Managed Growth (p. I- 59) [C]ritical in achieving the desired pattern of development is the adherence to the 2005 Urban Development Boundary (UDB) and 2015 Urban Expansion Area (UEA) Boundary. Given the fundamental influences of infrastructure and service availability on land markets and development activities, the CDMP has since its inception provided that the UDB serve as an envelope within which public expenditures for urban infrastructure will be confined. In this regard, the UDB serves as an urban services boundary in addition to a land use boundary. Consistency with the CDMP will ensure that the actions of one single- purpose agency does not foster development that could cause other agencies to subsequently respond in kind and provide facilities in unanticipated locations. Such uncoordinated single-purpose decision making can be fiscally damaging to government and can undermine other comprehensive plan objectives. Concepts and Limitations of the Land Use Plan Map: Ultimate Development Area (p. I- 64) The 2005 and 2015 Land Use Plan map identified the areas that will be urbanized within those time frames. As indicated throughout this Plan, these are the areas of the County where financial resources should be directed from the maintenance and construction of urban infrastructure and services. Growth of Dade County, however, is not projected to cease after the year 2015. Therefore, prudent long-term planning for infrastructure may need to anticipate locations for possible future extension. For example, it may be desirable to reserve rights-of-way in certain growth corridors as well as on section, half-section, and quarter-section lines, well in advance of need so that opportunities to eventually provide necessary roadways are not irrevocably lost. It is difficult to specify where and how much of Dade County’s total area may ultimately be converted to urban development. . . . It is reasonably safe to assume, however, that the areas least suitable for urban development today will remain least suitable. Theses areas include the remaining high-quality coastal and Everglades wetland areas in the County, and the Northwest Wellfield protection area. The areas more appropriate for, and more likely to experience sustained urban pressure are the heavily impacted, partially drained wetlands in the Biscayne-Snake Creek and Bird-Trail Canal Basins, the agricultural areas of southwestern and southeast Dade, and the impacted wetlands south of Homestead and Florida City. When the need for additional urban expansion is demonstrated after the year 2015, such expansion should be carefully managed to minimize the loss of agricultural land and to maximize the economic life of that valuable industry. Accordingly, urban expansion after the year 2015 in the South Dade area should be managed to progress westerly from the Metrozoo area to Krome Avenue north of Eureka Drive, and on the west side of the US 1 corridor southerly to Homestead only when the clear need is demonstrated. . . . Pre-Hearing Stipulation, para. 23 (emphasis supplied). Of particular import to this proceeding, Policy 4C of the Traffic Circulation Subelement requires avoidance of improvements which encourage development in certain areas. With regard to development in Agriculture and Open Land areas, transportation improvements which encourage development are to be avoided but avoidance is subject to an exception, "those improvements necessary for public safety and which serve the localized needs of these non-urbanized areas." Areas designated Environmental Protection, on the other hand, are to be "particularly avoided." Policy 4C of the Traffic Circulation Subelement provides: Dade County’s priority in the construction, maintenance, and reconstruction of roadways, and the allocation of financial resources, shall be given first to serve the area within the Urban Development Boundary of the Land Use Plan map. Second priority in transportation allocations shall support the staged development of the urbanizing portions of the County within the Urban Expansion Area. Transportation improvements which encourage development in Agriculture and Open Land areas shall be avoided, except for those improvements which are necessary for public safety and which serve the localized needs of these non-urban areas. Areas designated Environmental Protection shall be particularly avoided. Pre-Hearing Stipulation, para. 24 (emphasis supplied). Policy 1A of the Water and Sewer Sub-element provides: The area within the Urban Development Boundary of the Land Use Plan map shall have the first priority in providing potable water supply, and sanitary sewage disposal, and for committing financial resources to these services. Future development in the designated Urban Expansion Area shall have second priority in planning or investments for these services. Investments in public water and sewer service shall be avoided in those areas designated for Agriculture, Open Land, or Environmental Protection on the Land Use Plan map, except where essential to eliminate or prevent a threat to the public health, safety or welfare. Pre-Hearing Stipulation, para. 25. Policy 1H of the Water and Sewer Sub-element provides: New water supply or wastewater collection lines should not be extended to provide service to land within the areas designated Agriculture, Open Land or Environmental Protection on the Land Use Plan map. New water or wastewater lines to serve land within these areas should be approved or required only where the absence of the facility would result in an imminent threat to public health or safety. The use of on- site facilities should be given priority consideration. In all cases, facilities should be sized only to service the area where the imminent threat would exist, to avoid inducing additional urban development in the area. This policy will not preclude federal, State or local long-range planning or design of facilities to serve areas within the Urban Development Boundary (UDB) or Urban Expansion Area (UEA). Public health and safety determinations will be made in accordance with Chapter 24 of the Code of Miami-Dade County (Environmental Protection) and Section 2-103.20, et. seq., (Water Supply for Fire Suppression) Code of Miami-Dade County. Pre-Hearing Stipulation, para. 26. Policy 5A of the Capital Improvements Element provides: As a priority, previously approved development will be properly served prior to new development approvals under the provisions of this Plan. First priority will be to serve the area within the Urban Development Boundary (UDB) of the Land Use Plan (LUP) map. Second priority for investments for services and facilities shall support the staged development of the Urban Expansion Area (UEA). Urban services and facilities which support or encourage urban development in Agriculture and Open Land areas shall be avoided, except for those improvements necessary to protect public health and safety and which service the localized needs. Pre-Hearing Stipulation, para. 27. The Plan Amendment The Plan Amendment consists of several components grouped as follows: a. changes in Plan designations in the Land Use Element on the LUP map and in the Traffic Circulation Subelement that increase the lanes on a segment of Krome Avenue from 2 lanes to 4 lanes (the "Lane Increase Changes"); b. changes in the Transportation Element's Traffic Circulation Subelement that add Krome Avenue as a Major Route in the Designated Evacuation Routes 2015 (the "Evacuation Route Change"); c. addition of new policies that require among other matters a super-majority of the County Commission for zoning action or amendment to the CDMP that would approve certain uses within one mile of Krome Avenue designated for improvement to four lanes (the "New Super-Majority Policies"); and d. addition of a new policy that requires adoption of a binding access control plan for the Krome Avenue corridor before capacity improvements to Krome Avenue outside the UDB (the "New Binding Access Control Plan Policy"). The parties stipulated to the following narrative description of the Plan Amendment: 31. As part of the October 2002 Plan Amendment, the County Commission approved Application 16. Application 16 made the following changes to the CDMP: Changed the Plan designations of Krome Avenue (SR 997/SW 177 Avenue), between US 27 and SW 296 Street, as follows: In the Land Use Element, on the Land Use Plan map change from Minor Roadway (2 lanes) to Major Roadway (3 or more lanes); and in the Transportation Element, Traffic Circulation Subelement, Figure 1, “Planned Year 2015 Roadway Network”: Change from 2 lanes to 4 lanes. In the Transportation Element, Traffic Circulation Subelement, added Krome Avenue between US 27 and US 1 to Figure 7, Designated Evacuation Routes 2015, as a Major Route. Added the following new Policy 3F to the Land Use Element: Any zoning action or amendment to the CDMP that would approve any use other than direct agricultural production and permitted residential uses of property, in an area designated as Agriculture, whether as a primary use or as an accessory or subordinate use to an agricultural use, or action that would liberalize standards or allowances governing such other uses on land that is a) outside the Urban Development Boundary (UDB), and b) within one mile of the right-of-way line of any portions of Krome Avenue designated in this Plan for improvement to 4-lanes, shall require an affirmative vote of not less than five members of the affected Community Zoning Appeals Board and two-thirds of the total membership of the Board of County Commissioners then in office, where such Community Zoning Appeals Board or Board of County Commissioners issues a decision. The term “direct agricultural production” includes crops, livestock, 15 nurseries, groves, packing houses, and barns but not uses such as houses of worship, schools, sale of produce and other items, and outdoor storage of vehicles. This policy is not intended to permit any use not otherwise permitted by the CDMP. Any modification to this section to allow additional uses within the one mile distance from Krome Avenue shall require an affirmative vote of not less than two-thirds of the Board of County Commissioners then in office. Added the following new Policy 3G to the Land Use Element: Any zoning action, or amendment to the Land Use plan map that would approve a use of property other than limestone quarrying, seasonal agriculture or permitted residential use in an area designated as Open Land on land that is, a) outside the Urban Development Boundary (UDB), and b) within one mile of the right-of-way line of any portions of Krome Avenue designated in this Plan for improvement to 4-lanes, shall require an affirmative vote of not less than five members of the affected Community Zoning Appeals Board and two-thirds of the total membership of the Board of County Commissioners then in office, where such Community Zoning Appeals Board or Board of County Commissioners issues a decision. This policy is not intended to permit any use not otherwise permitted by the CDMP. Any modification to this section to allow additional uses within the one mile distance from Krome Avenue shall require an affirmative vote of not less than two-thirds of the Board of County Commissioners then in office. Added the following new Policy 3H to the Land Use Element: Any zoning action, or amendment to the Land Use plan map that would approve a use of property other than seasonal agricultural use in the Dade-Broward Levee Basin or permitted residential use in an area designated as Environmental Protection, on land that is, a) outside the Urban Development Boundary (UDB), and b) within one mile of the right-of-way line of any portions of Krome Avenue designated in this Plan for improvement to 4-lanes, shall require an affirmative vote of not less than five members of the affected Community Zoning Appeals Board and two-thirds of the total membership of the Board of County Commissioners then in office, where such Community Zoning Appeals Board or Board of County Commissioners issues a decision. This policy is not intended to permit any use not otherwise permitted by the CDMP. Any modification to this section to allow additional uses within the one mile distance from Krome Avenue shall require an affirmative vote of not less than two-thirds of the Board of County Commissioners then in office. Added the following new Policy 4E to the Traffic Circulation Subelement: Notwithstanding the designation of Krome Avenue as a Major Roadway on the CDMP Land Use Plan Map or as a four-lane roadway in the Traffic Circulation Subelement, no construction associated with the four- laning, or other capacity improvement, of Krome Avenue outside the Urban Development Boundary shall occur until FDOT has prepared, and the Board of County Commissioners has adopted, a detailed binding access control plan for the Krome Avenue corridor. This plan should emphasize access to properties fronting Krome Avenue primarily through alternative street locations. Pre-hearing Stipulation, para. 28. Land Uses Near Krome Avenue North of S.W. 56th Street, the bulk of land uses around Krome Avenue are Environmental Protection and Open Land with almost all of the adjacent land north of US 41 designated Environmental Protection. South of S.W. 56th Street the land is designated as Agriculture and Environmental Protection except for near Homestead and Florida City where the land use designations are Residential Communities (of mostly low density), Business and Office and some Industrial and Office. Krome Avenue currently provides the western boundary of an Urban Expansion Area (UEA) for the year 2015 between what would be an extension of S.W. 42nd Street and an extension of S.W. 112th Street. The CDMP directs that urban infrastructure and services be planned for eventual extension into the UEA, as far west as Krome Avenue, sometime between 2005 and 2015. In addition, the area two miles east of Krome Avenue, between S.W. 12th Street and S.W. 8th Street, is designated as UEA. What the Plan Amendment Does Not Do Of particular import to this proceeding, given the case presented by Petitioners, is what the Plan Amendment does not do. The Krome Avenue Amendment does not change any land uses. It does not alter the existing Conservation Element or any other CDMP policies that protect environmental resources. It does not add Krome Avenue to the Capital Improvements Element or provide funds for or authorize construction on Krome Avenue. Furthermore, any future attempt to change land use in the vicinity of Krome Avenue, if anything, will be more difficult because of the New Supermajority Land Use Policies contained in the Plan Amendment. The New Supermajority Policies work in tandem with the substantive policies to provide the standards for land use changes within one mile of Krome Avenue designated for improvement to four lanes. For example, existing Land Use Policy 8H states that the areas surrounding Krome Avenue, particularly areas west of the road, be avoided or not be considered if Miami-Dade County proposes expanding the UDB. Because the only procedural requirements for moving the UDB are currently contained in the County Code, which may be amended from time to time, adding the Supermajority Requirement to the CDMP with its more rigorous amendment procedures, tends to make it more difficult to change the planning and zoning designations on a property. The Lane Increase Changes There are serious safety problems that rise to the level of literally "life-or-death" on the segment of Krome Avenue subject to the Lane Increase Changes. The Lane Increase Changes do not mandate that the portion of Krome Avenue that they govern be four-laned. They simply allow four-laning if a PD&E Study is conducted by FDOT that determines four-laning is the best way to address the safety issues. While the Lane Increase Changes give a designation to the Changed Segment of Krome Avenue that would allow it to be four-laned, it will not be four-laned until it is determined on the basis of further study in the future that four-laning is the best alternative for improving the Changed Segment. The Lane Increase Changes, without regard to the New Supermajority Policies, are supported by adequate data and analysis. This data and analysis consists of studies and commentaries by FDOT, including the Kittelson Reports and the 1999 Action Plan. The Lane Increase Changes do not authorize construction of improvements to the road. They do not "even attempt to permit increased development rights or densities or intensities on any of the surrounding land." (Tr. 671) It is only actual development that would cause potential urban sprawl that might threaten agriculture or pose a danger to the Everglades. Before any development could take place, additional amendments would have to be made to the CDMP. Those amendments would be subject to the same process as the Plan Amendment has undergone and is now undergoing. In other words, the potential dangers feared by Petitioners could not materialize without adoption of additional plan amendments. Furthermore, the fears held by Petitioners are mitigated by the New Supermajority Policies. DCA Review The entire package of amendments in the second round of 2002 for the CDMP, which included Application 16, is referred to by DCA as "Miami-Dade County 02-2 Proposed Comprehensive Plan Amendments." See Joint Exhibit 11. Initial staff review of Miami-Dade County 02-2 culminated in a August 5, 2002 memorandum (the "Pre-ORC Staff Analysis Memorandum") to the Chief of the Bureau of Comprehensive Planning from a Senior Planner. The staff analysis is summarized in the memorandum: Staff has identified two potential ... objections with the Krome Avenue (FIHS facility) segment[5] amendment concerning internal inconsistency with the CDMP objectives and policies, and lack of supporting data and analysis addressing public safety. Joint Exhibit 11, p. 1. With regard to the "safety" data and analysis, staff wrote, "the amendment is not supported with adequate data and analysis which demonstrates consistency with the CDMP policies which allow for capacity improvements outside the Urban Development Boundary (UDB) only upon showing the amendment is 'necessary' to address public safety." Id., p. 3. The CDMP objectives and policies were summarized as follows: The corridor runs through Agriculture and Open Land use categories. In order to promote the agricultural industry, the CDMP clearly states, under its Agriculture land use category, facilities which support or encourage urban development are not allowed in the amendment area. The subject segment of the roadway currently runs north-south through an extensive area of active farmlands, except the northern portion between US 41 (SW 8th Street) and SW 56th Street which is designated as Open Land in the CDMP's FLUM. The CDMP also states that Open Land designated land, is not simply surplus undeveloped land, but rather land that is Id. intended to serve for production of agriculture, limestone extraction, resource- based activity such as production of potable water supplies or other compatible utility and public facilities or rural residential development at no more than 1 du/5 acres. The amendment area is also a prime candidate for conservation, enhancement of environmental character, and for acquisition by federal, state, regional, county or private institutions that would manage the areas for optimal environmental functions. Beyond SW 8th Street to Okeechobee Road is the environmental and wellfield protection areas through which the upper Krome Avenue runs. One mile west of the segment is the Everglades National Park Expansion Area (Attachment 3) which is authorized by the Congress for federal acquisition. Agriculture is the existing primary use of the corridor area as shown in (Attachment 4). The concern with regard to inconsistency was expressed in this way: Id. Staff is concerned that expansion of Krome Avenue will increase market pressure in the western MSA's within the UDB, resulting in the premature extension of the UDB. Staff concurs with County staff that the widening will cause appraisals to increase property values in the corridor, causing farmers to sell agricultural lands for urbanization. It is also likely that property values will increase on environmental/open lands which should be maintained for water management, resource protection and other functions related to Everglades protection. Within two weeks of the Pre-ORC Staff Analysis Memorandum, DCA issued the ORC Report. In a cover letter, Bureau Chief Charles Gautier wrote the following synopsis of the ORC: The Department is concerned that the widening of Krome Avenue or a segment of it will undermine the County's ability to control urban sprawl and impacts to agriculture and environmental lands. While we share concerns regarding accidents and fatalities on Krome Avenue, we recommend that the County fully evaluate all possible alternatives designs, including implementation of the FDOT 1999 Krome Avenue Action Plan, before considering the four lane option to address public safety. Department staff is available to assist your staff as they formulate the County's responses to the objections and recommendations for the amendment. Joint Exhibit 20, 1st page of the cover letter dated August 16, 2002. Miami-Dade County responded to the ORC Report by clarifying its interpretations of provisions in the CDMP, particularly LUE 2B, and by providing additional data and analysis. Department staff struggled with the response, but ultimately concluded that Miami-Dade County's interpretations were defensible and recommended the Plan Amendment be found in compliance. See Joint Exhibit 16. On December 18, 2002, the Department wrote to Miami- Dade County that it had determined the Plan Amendment to be in compliance. Accordingly, a Notice of Intent to determine the Plan Amendment in compliance was published in the Miami Herald on December 20, 2002. The Petition After the issuance of the notice of intent by the state land planning agency (DCA) to find the Plan Amendment in compliance, this proceeding was initiated by the filing of a petition as allowed by Section 163.3184(9)(a), Florida Statutes. The petition was filed by Sierra Club and John S. Wade and joined by Intervenor, Monroe County. The issues presented by the petition that remain after the parties entered a preheating stipulation filed with DOAH are stated in a section of the stipulation entitled, "D. Issues of Law and Fact That Remain to Litigated." Material Issues of Ultimate Fact While not exhaustive, the parties agree that the following are the major issues of disputed fact: Whether the amendment is consistent with legal provisions concerning the discouragement of urban sprawl. Whether the amendments will have a material impact on the agricultural industry in south Miami-Dade County. Whether the amendments will have a material impact on the restoration of the Everglades. Whether the plan amendments is necessary to address public health and safety and serve localized needs. Issues of Law Whether the Plan Amendment is in compliance. Whether the Plan Amendment maintains the Plan's internal consistency and reflects the plans goals, objectives and policies, per 163.3177(2) Rule 9J-5.005(5)(a)&(b), F.A.C., specifically in regard to: Transportation Element Policy 4C. FLUE Policy 2B. FLUE Policy 8F. Transportation Element(TE) Policy 4C. FLUE Policy 3B. Whether the Plan Amendment is supported by data analysis as required by Sections 163.3177(6)(a), (8), and (10)(e), Fla. Stat. and Rules 9J-5.005(2) and (5), F.A.C. Whether the Plan Amendment is inconsistent with Fla. Admin. Code Rules 9J- 5.006(5)(g)(1)-(10) and (13), and Rules 9J- 5.006(5)(h), (i), and (j)(6), (18), and (19) because it fails to coordinate future land uses with the appropriate topography and soil conditions, and the availability of facilities and services; ensure the protection of natural resources; and discourage the proliferation of urban sprawl. Whether the Plan Amendment is inconsistent with Rule 9J-5.019(3)(d), (f), (i) and 9J-5.019(4). Whether the Plan Amendment is inconsistent with Rule 9J-5.005(6), FAC because it fails to establish meaningful and predictable standards for the use and development of land and fails to provide meaningful guidelines for the content of more detailed land development and use regulations that would prevent the urban sprawl and impacts to agricultural, rural and environmentally sensitive lands caused by the four-laning of Krome Avenue. Whether the Plan Amendment is inconsistent with Sections 163.3177(6)(a)- (g), (8) & (10(e), Fla. Stat. Whether the Plan Amendment is inconsistent with the Strategic Regional Policy Plan of the South Florida Regional Planning Council as a whole, and directly conflicts specifically with: Strategic Regional Goal 2.1 (1) Policy 2.1.4 (2) Policy 2.1.10 (3) Policy 2.1.14 Strategic Regional Policy 2.2.1 Strategic Regional Policy 3.9.1 Whether the Plan Amendment is inconsistent with the State Comprehensive Plan as a whole, including: Goal 15 (a) (LAND USE); Policy 15(b)1; Policy 15(b)6 Goal 16(a) & (b)(URBAN DOWNTOWN REVITALIZATION) Goal 17(a) (PUBLIC FACILITIES); Policy 17(b)1 Goal 19(a); Policy(b)12 Goal 22(a) & (b) (AGRICULTURE) Pre-hearing Stipulation, Section D. The Parties The Sierra Club is a national organization with close to 800,000 members. Qualified to do business in the State of Florida, 30,000 or so of the Sierra Club's members are in its Florida Chapter. About 2800 Sierra Club members live and work in Miami-Dade County where the Miami Group of the Florida Chapter of the Sierra Club holds regular meetings. The Miami Group is a "wholly owned subsidiary . . of the national organization." (Tr. 235) "[A]s opposed to some other organizations which may have separate chapters . . . separately . . . incorporated in their local jurisdictions," the Miami Group, the Florida Chapter and the national organization of the Sierra Club "speak with one voice . . . ." Id. Organized to explore, enjoy and protect particular places around the globe, to practice and promote the responsible use of the earth's ecosystem, to educate and enlist humanity to protect and restore the quality of the natural and human environment and to use all lawful means to carry out these objectives, the Sierra Club has taken numerous actions in support of restoration and preservation of the Everglades. The Sierra Club has been involved on many occasions in growth management issues in different parts of the state. It is particularly concerned about public policy issues that affect Miami-Dade County, including increased urban sprawl, the loss of agricultural lands, clean water, clean air, open space, parks and recreation and the associated loss of quality of life. A substantial number of Sierra Club members use areas surrounding Krome Avenue to recreate and regularly traverse the area on their way to the Everglades, Biscayne National Park, and Florida Keys National Marine Sanctuary as well as using the area for biking, hiking, bird watching, and picking tropical fruits and vegetables. A substantial number of members also regularly use and enjoy Everglades National Park and Florida Bay and use Krome Avenue en route to these destinations. Representation of its members' interests in administrative proceedings to enforce growth management laws is within the corporate purposes of Sierra Club. In keeping with its purposes, the Sierra Club commented to the Board of County Commissioners regarding the Plan Amendment between the time of its transmittal to DCA and its adoption. John S. Wade, Jr., operates an interior foliage or a "container" nursery business at 20925 S.W. 187th Avenue "in the center of the Redlands area," tr. 210, one mile due west of Krome Avenue. Mr. Wade has been extensively involved in county planning issues for many years. A member of the Sierra Club, he is also an individual Petitioner in this proceeding. Mr. Wade commented to the Board of County Commissioners regarding the Plan Amendment between the time of transmittal to DCA and their adoption. Mr. Wade believes that the Plan Amendment affects his interests in that it will have a negative impact on wildlife which he enjoys and on his nursery business. The parties stipulated that Mr. Wade is an "affected person" with standing to bring and maintain this action under Section 163.3184, Florida Statutes. Roads and Land Use: General Impact Chapter 163, Florida Statutes, establishes an important link between planned road infrastructure and future land use decisions. The future transportation map, furthermore, plays a critical role in the future land use pattern of a local government, particularly with regard to roadways. The impact of a road-widening amendment is relevant to land use or environmental policies. There is, moreover, no question that improved or expanded transportation infrastructure does nothing to diminish the potential for development in surrounding areas as a general matter. In general, widening a roadway promotes development in surrounding areas served by the roadway. Growth management laws, therefore, generally discourage the provision of roadway capacity in areas where a local comprehensive plan discourages development. The general principles of the effects of roadway capacity and improvements to roadway infrastructure, including road widening, are also reflected in the State Comprehensive Plan, the Regional Policy Plan, Florida Administrative Code Chapter 9J5, and the CDMP, itself. Petitioners and Monroe County emphasize this point in the following paragraphs of their proposed recommended order now found as fact in this Recommended Order: []. Goal 19(a) of the SCP requires that future transportation improvements aid in the management of growth. Fla. Stat. 187.201(19)(a). []. Policy 19(b)(12) of the SCP requires that transportation improvements in identified environmentally sensitive areas such as wetlands be avoided. Fla. Stat. 187.201 (19)(b)(12). The Regional Policy Plan states that "roadways also aid in attracting development to new areas." Jt. 7@ 36. Rule 9J5 recognizes limits on extending infrastructure as a development control that can inhibit sprawl. Conversely, making improvements or extensions to infra- structure [when considered in isolation] can encourage urban sprawl. Darst V9@ 972. The CDMP's data and analysis contains the following language: Concepts and Limitations of the Land Use Plan Map: Coordinated- Managed Growth (p. I-59) "Given the fundamental influences of infrastructure and service availability on land markets and development activities, the CDMP has since its inception provided that the UDB serve as an envelope within which public expenditures for urban infrastructure will be confined. In this regard, the UDB serves as an urban services boundary in addition to a land use boundary.Consistency with the CDMP will ensure that the actions of one single-purpose agency does not foster development that could cause other agencies to subsequently respond in kind and provide facilities in unanticipated locations. Such uncoordinated single- purpose decision making can be fiscally damaging to government and can undermine other comprehensive plan objectives." (Pre- Trial Stip. @ 18) (emphasis added) Petitioners and Intervenor Monroe County's Proposed Recommended Order, p. 7. Miami-Dade County, the Department and the City of Homestead do not contend otherwise. In the words of Thomas Pelham, distinguished expert in comprehensive planning whose testimony was presented by Miami-Dade County, the transportation map is "always relevant" (tr. 709) to issues of encouragement and discouragement of urban development. Furthermore, as Miami-Dade County concedes and as Mr. Pelham testified, new roads and improvements in roadway infrastructure "can aid in attracting development in new areas anywhere." Tr. 713 (emphasis supplied). For that basic reason, if a local government adopts a plan amendment that increases roadway capacity and the intent is not to attract development to the area around the roadway, the local government may opt to adopt additional protective policies. For example, in such a situation, the local government could take a clarifying step toward discouragement of urban development in areas served by the roadway planned for improvement: simultaneous adoption of a policy that prohibits consideration of the additional planned capacity of a roadway in subsequent future land use map decisions. Such an additional policy was not adopted as part of the Plan Amendment. In Mr. Pelham's opinion, however, it was not necessary, because of "the strong policies that already exist in the [CDMP]." Tr. 714. These strong policies include, of course, the existence of the UDB, a planning concept associated with Miami-Dade County in a unique manner in the State of Florida due to its strength and the length of existence over time. They also include CDMP policies related to lands designated as "Agriculture" or "Environmental Protection" whose purpose is to preserve and protect. The impact of roads on land use patterns in general, moreover, does not necessarily translate into expected impact in any specific case because of facts peculiarly associated with the specific case. As Mr. Pelham testified, "[t]here is absolutely nothing inconsistent with the four-lane divided highway in rural areas and agricultural areas. We have them all over the country, and in fact, you can identify numerous ones in this state alone." Tr. 676. Three prominent examples in Florida of four-lane divided highways that have not led to development were provided at hearing: Alligator Alley (the segment of Interstate 75 known also as Everglades Parkway) that stretches nearly the width of the Florida Peninsula from Collier County not far from the City of Naples at its western terminus through Big Cypress National Preserve across the boundaries of the Miccosukee Indian Reservation and the Big Cypress Seminole Indian Reservation into Broward County on the east; the Florida Turnpike running from deep in South Florida northward and westerly to Wildwood in Sumter County; and Veteran's Parkway, US 19, from Pasco County to Crystal River "that goes through vast stretches of rural and agricultural lands . . . ." Tr. 677. The construction of these four-lane divided highways have not promoted urban development in lands immediately adjacent to significant sections of these highways. That these highways did not promote urban development flows from their purpose. Their purpose, quite simply, is other than to support urban development. Their purpose is to provide efficient commercial transportation and to be safe for the transportation of people or as expressed at hearing, "to be conduits for people to go from one [point] to another without interruption in an efficient manner." Id. Furthermore, access to these rural, divided four-lane highways is restricted or tightly managed for several reasons. One of the benefits of restricted access is that it discourages urban development. While Miami-Dade County did not adopt a policy that a widened Krome Avenue was not to be taken into consideration in subsequent decisions to amend the future land use map, as Petitioners suggest it could have, New Transportation Policy 4E was added to the Plan Amendment in order to discourage urban development. That policy requires a detailed, binding controlled access plan for the Avenue corridor to be prepared by FDOT and adopted by Miami-Dade County prior to the commencement of any construction associated with four-laning or a capacity improvement. Adoption of such an access control plan will have a deterrent effect on urban development along whatever part of Krome Avenue may at some point in the future be widened to four lanes. The effect of the adoption of a binding access control plan was explained at hearing by Mr. Pelham: It means that most of the traffic on it is not going to be entering or leaving the highway to shop at retail commercial establishments or to go into office parks to work, or to frequent any of the other kinds of urban development that could spring up along the road. It will be a deterrent to anyone who wants to seriously talk about locating a business there because they're going to realize that the public does not have readily easy access to it. [New Transportation Policy 4E] will certainly help insure that [Krome Avenue] remains a primarily rural facility rather than the typical urban highway that's lined with urban development. Tr. 679. From a planning perspective, in addition to being an impediment to urban development, the New Binding Access Control Plan Policy is also a sufficient guideline to discourage urban development. Incorporation of the professional land planning concept of access control makes the policy clear to transportation planners and FDOT and to any party or entity called on to implement the plan especially when the last sentence of the new policy is considered: "[The binding access control plan] should emphasize access to properties fronting Krome Avenue primarily through alternative street locations." This sentence indicates that while access to Krome Avenue is not prohibited, access is to be governed by "a strictly limited access plan," tr. 681, a "strong benefit [of the Plan Amendment] and a strong disincentive or deterrent to urban development." Tr. 679. Urban Sprawl Internal DCA memoranda and the ORC Report reflect a concern by Department staff that the re-designation of Krome Avenue could encourage urban sprawl with serious negative impacts to the Redland and agricultural lands and the Everglades and areas designated to be protected environmentally. The concern of staff is not to be taken lightly. Re- designation of Krome Avenue as a Major Roadway with four-lane capacity will allow parties who seek to develop along Krome Avenue in the future to point to the new "planned" capacity as a factor in support of an amendment to the CDMP that would allow such development. "That's a . . . common argument for why a plan amendment . . . increasing densities in that area . . . [would be] appropriate." Tr. 494. The planned roadway will be more than just fuel for argument. According to Charles Pattison, Petitioners' comprehensive planning expert with significant credentials and experience, the planned capacity increase is without doubt a "key factor," tr. 494-5, for consideration of decision-makers in support of future CDMP amendments that allow urban development. Still, the existing policies that protect agricultural and environmentally sensitive lands, including the UDB and related policies, will also have to be taken into consideration. So will the results of FDOT's PD&E Study and the actual improvement undertaken under the guidance of the study by FDOT, if any, and in whatever form it may take. The policies should not fail to protect agricultural and environmentally protected land merely because of this plan amendment. The policies will not cease to be operative because of the re- designation of Krome Avenue even if FDOT ultimately decides to improve Krome Avenue by widening all or part of it to four lanes. Stated alternatively, in Mr. Pelham's words, existing policies "militate strongly against any urban development ... [outside] the urban growth boundary." Tr. 675. For this reason, among others, Mr. Pelham characterized the concerns of DCA staff and the fears of Petitioners, as "sheer speculation, suspicion and mistrust of . . . government . . . [of] a county that has a strong record of not extending its urban growth boundary." Id. Furthermore, it must be kept in mind what the re- designation of Krome Avenue does and does not do. It does not constitute the ultimate decision or authorization necessary to widen or improve the capacity of Krome Avenue. It does not "even attempt to permit increased development rights or densities or intensities on any of the surrounding land." Tr. 671. It is that development which "would cause potential urban sprawl problems that might threaten agriculture, that, theoretically, might pose a danger to the Everglades." Id. Development of that property would require plan amendments, vulnerable to challenges like this one and subject to scrutiny under the Growth Management Laws, Chapter 163, Florida Statutes, and Florida Administrative Code Chapter 9J5. Amendment of the CDMP, therefore, to "allow widening of an existing road to address safety or congestion or level of service or evacuation problems, in and of itself, does not pose any of those threats or harms." Tr. 672. Rule 9J5 Urban Sprawl Indicators Urban sprawl is evaluated according to 13 "primary indicators" set forth in Florida Administrative Code Rule 9J- 5.006(5)(g) (the "Primary Indicator Rule.") Applying the Primary Indicator Rule, the Department analyzes first, "within the context of features and characteristics unique to each locality" whether a plan amendment "trips" or "triggers" any of the 13: Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments. As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils. Fails to maximize use of existing public facilities and services. Fails to maximize use of future public facilities and services. Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. Fails to provide a clear separation between rural and urban uses. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. Fails to encourage an attractive and functional mix of uses. Results in poor accessibility among linked or related land uses. Results in the loss of significant amounts of functional open space. Fla. Admin. Code R. 9J-5.006(5)(g). If a plan amendment trips or triggers one or more of the Primary Indicators, the Department then considers the extent to which the tripped indicators suggest that the amendment does not discourage the proliferation of urban sprawl, or put conversely, induces sprawl. If the Department determines from review of the tripped indicators that the amendment does not discourage urban sprawl proliferation or in induces sprawl, then it turns its attention to the development controls in the comprehensive plan or in the proposed plan amendment. Evaluation of the development controls is made to determine whether they offset the amendment's inducement of urban sprawl. If the inducement is not sufficiently offset by development controls, then, the Department determines the amendment is not: consistent with relevant provisions of the state comprehensive plan, regional policy plans, Chapter 163, Part II, F.S., and the remainder of [Florida Administrative Code Chapter 9J-5] regarding discouraging urban sprawl, including provisions concerning the efficiency of land use, the efficient provision of public facilities and services, the separation of urban and rural land uses, and the protection of agriculture and natural resources. Fla. Admin. Code R. 9J-5.006(5)(a). It is possible that if only a few of the 13 Primary Indicators were clearly "tripped" then a determination could be made that a plan amendment "does not discourage the proliferation of urban sprawl." Normally, however, if few primary indicators are tripped, "it's going to be a tough argument to make that [there is] sprawl inducement." Tr. 919. The Department's Position re: Primary Indicators The Department's position is that the Plan Amendment does not trip in any way 10 of the 13 primary indicators listed in the Primary Indicator Rule. The main reason they are not tripped, in its view, is because the amendment, in and of itself, does nothing more than plan for the improvement of Krome Avenue up to a capacity of four lanes. For example, the first primary indicator is whether the plan 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." Fla. Admin. Code R. 9J-5.006(5)(g)1. As Mr. Darst testified, "[T]his is an amendment for the widening of the road and it's not a land use amendment." Tr. 913-4. In and of itself, the amendment does not allow or designate any development. Primary Indicator 4 is not tripped because "premature or poorly planned conversion of rural land to other uses" is not at issue in this case. An analysis of Primary Indicator 5 can only take place "within the context of features and characteristics unique" to Miami-Dade County, including the UDB and the protective policies of the CDMP and the Plan Amendment, itself. Primary Indicators 9 through 13, are not tripped. Primary Indicators 9 through 12 are not relevant to this case. Primary Indicator 13 is not tripped because although small amounts of functional open space might be taken for widening Krome Avenue, the amount would not be significant relative to the amount of functional open space adjacent to Krome Avenue. Of the other three primary indicators tripped in the Department's view by the Plan Amendment, they are tripped only minimally. Primary Indicator 6 is tripped because with Krome Avenue widened "trips shift there from another road," tr. 916, so that maximum use is not made of the other road, an existing public facility. The same is true of Primary Indicator 7, which relates to future public facilities. Primary Indicator 8 is tripped because funds will have to be expended to construct any widening and because of an increase in law enforcement expenses. The involvement of Primary Indicator 8, however, is minimal and without significant impact. Despite the Department's position, the re-designation of Krome Avenue, at a minimum, has at least the potential to "promote" development so as to trip Primary Indicators 1, 2, and As Mr. Pattison testified, the planned increased capacity of Krome Avenue is, by the very nature of increased roadway capacity, a key factor for consideration of proposed amendments that would allow increased development of lands surrounding Krome Avenue. Whether the Plan Amendment is not in compliance for failure to comply with urban sprawl requirements depends on whether the tripped Primary Indicators are offset by development controls. Development Controls Florida Administrative Code Rule 9J-5.006(5)(j, (the "Development Controls Rule") states "[d]evelopment controls in the comprehensive plan may affect the determination in (5)(g) above," that is, whether a plan amendment does or does not discourage the proliferation of urban sprawl. Determination that urban sprawl indicators have been tripped, therefore, is not, standing alone, sufficient to find that a plan amendment fails to discourage urban sprawl. The Development Controls Rule lists 22 types of development controls to be evaluated to determine how they discourage urban sprawl. The CDMP contains development controls to discourage urban sprawl and development in areas designated Agriculture, Open Land or Environmental Protection. They are the UDB, see Florida Administrative Code Rule 9J-5.006(5)(j)21., and the two policies related to it: Land Use Element Policies 8G and 8H. Evaluation of the development controls in the CDMP leads to a determination that the tripped Primary Indicators, Primary Indicators 1, 2, and 3, triggered by the Plan Amendment's potential to promote development that could lead to urban sprawl and Primary Indicators 6, 7 and 8, all "minimally" tripped, are offset by the development controls. Furthermore, the Plan Amendment, itself, contains additional policies that constitute development controls: the New Land Use Policies requiring super-majorities of the Board of County Commission for approval of re-designations near Krome Avenue and the New Binding Access Control Plan Policy. See Fla. Admin. Code R. 9J-5.006(5)(j)15. and 22. Petitioners view the New land Use Policies as inadequate development controls because they do not set forth measurable or predictable standards to govern county commission decisions. Other than to require super-majorities for re- designation of land uses near Krome Avenue ("procedural" standards), the New Land Use Policies do not contain standards that govern county commission decisions. But there are a plethora of standards elsewhere in the CDMP. These other standards have been determined to be meaningful and predictable and there is nothing in the New Land Use Polices that allows the commission to disregard them. New Policy 4E which requires an access control plan prepared by FDOT prior to construction of any capacity improvement to Krome Avenue is viewed by Petitioners as "so vague as to fail to meet the definition of an objective or policy or to provide meaningful or predictable standards." Petitioners and Intervenor Monroe County's Proposed Recommended Order, p. 18. But a reading of the policy contradicts the allegation. Meaningful and Predictable Standards Petitioners allege that the Plan Amendment is inconsistent with land use policies requiring coordination with the surrounding environment and requiring meaningful standards for more detailed regulations, and, therefore, that it is inconsistent with Section 163.3177(6)(a), Florida Statutes, and Florida Administrative Code Rule 9J-5.005(6). The CDMP contains meaningful and predictable restrictions on land use in areas designated Agriculture, Open Land and Environmental Protection. The Plan Amendment does nothing to deter those restrictions. Furthermore, among new policies in the Plan Amendment is the addition of procedural safeguards to the substantive criteria, thereby strengthening the existing standards. The Plan Amendment, therefore, retains meaningful and predictable standards for more detailed regulation, and if anything, strengthens the chance for their application to protect lands designated Agriculture, Open Land and Environmental Protection. Increasing Land Values and Speculation Petitioners argue that widening Krome Avenue to four lanes will adversely affect farming in the Redland and the Everglades by increasing land values and speculation. These arguments do not take into account that regardless of improvements to Krome Avenue, most of the area north of 42nd Street has little appeal to developers. Its designation as Environmental Protection makes it difficult if not impossible to develop. Despite extreme development pressure elsewhere in the county, to date there has been little pressure to develop the area due to the success of the comprehensive plan, particularly its policies against development in the area. Asked at hearing about such pressure, Miami Dade County's Director of Planning and Zoning, Diane O'Quinn responded, ". . . I haven't seen it. Not at all . . . because we've got very strong environmental policies in the comp plan." Tr. 625. Furthermore, considerations of increasing values and land speculation are not compliance issues under Chapter 163, Florida Statutes, or Florida Administrative Code Chapter 9J-5. Were they compliance issues, there are other forces at work that are encouraging an increase in land values in the Redland: in particular, the economics of the agriculture industry and the increasing demand for residential housing throughout Miami-Dade County. Agricultural uses in the County have been declining since Hurricane Andrew in 1992. Up to then, the predominant forms of agriculture had been row crops (tomatoes, for example) and lime, avocado and mango groves. Andrew destroyed many groves. They were not replanted because of expense and the length of time it takes from planting for the groves to bear fruit and increasing competition from foreign producers. Within a year or two of the hurricane, the North American Free Trade Act (NAFTA) was passed and produce from Mexico and Central America was introduced in great volume into U.S. markets. The south of the border competition generated by NAFTA, especially with regard to tomatoes and limes, reduced the value of the type of produce that had been predominant in the Redland prior to Andrew. Ten years later, the University of Florida's Florida Agricultural Market Research Center in the Summary and Recommendations Section of its Miami-Dade County Agricultural Land Retention Study (the "Agricultural Land Retention Study") described the market for agricultural commodities produced in Miami-Dade County as "fiercely competitive," Joint Exhibit 55, p. xiv, because of Latin American produce and predicted, "[e]conomic globalization and trade liberalization will continue. It is unlikely that the U.S. trade policy will be altered to any appreciable degree in the foreseeable future to protect domestic fruit and vegetable industries." Id. at xiii. Testimony at hearing established that these predictions have been accurate through the time of final hearing in late 2005. The Study, completed in April 2002, also reached this conclusion: Population growth and concomitant urban development appear inevitable for Miami-Dade County. Based on the capitalization of relatively low financial returns to agriculture in recent years, especially row crops, only about twenty-five percent of the current land prices is justified by returns to land in agricultural uses. The remaining seventy-five percent represents future anticipated value in non-agricultural or I agricultural residential use. Further, as supply of developable land dwindles, prices will undoubtedly increase. These price increases, if accompanied by chronically low financial returns to agriculture, will motivate landowners to convert to agricultural land to higher-valued uses. Joint Exhibit 55. p. xiii. This observation continued to have validity more than three years later at the final hearing in this case in late 2005. Following Andrew, land prices that had been stagnant for many years at $5,000 per acre or so increased three and four fold. The increases made it relatively expensive to buy land, plant and grow. The combined effects of Andrew and NAFTA reduced row crop and grove produce profitability. The agricultural industry shifted to ornamental horiculture nurseries. At the time of hearing, land prices had risen so much that even the nurseries whose products have been in demand for residential development have begun to become economically infeasible. Soon after 1992, the SFWMD also began buying property for Everglades restoration projects west of a levee on the west side of Krome that runs parallel to the roadway. These purchases too increased land values in the area. The recent rise in prices is also due to the low interest rate environment that began to have a wide-spread effect in early 2000. The low interest rate environment spurred demand for single-family homes. Furthermore, with the stock market decline that commenced in early 2001, investors began shifting from equities to real estate and demand for second homes increased. Miami-Dade County's excellent weather attracts people from all over the world and this has fostered increased foreign investment in the local real estate market. The combination of all these events led to acquisition of land for residential development throughout Miami-Dade County by developers. The diminution in the amount of vacant residential land naturally turned the attention of developers to agricultural areas and to the Redland where density is limited to one hours per five acres. The increased demand for housing led to price escalation so that five-acre parcels in the Redland became relatively inexpensive. The confluence of these factors accelerated the subdivision of agricultural properties into five-acre residential estates in the Redland. This trend began with Krome Avenue as a two-lane road and it is reasonably expected to continue, regardless of whether Krome is improved to four lanes or not. The trend toward development of five-acre residential estates will likely stave off further urbanization of the Redland. As the area is developed at one house per five acres, it becomes difficult to reassemble acreage to create subdivisions of higher density. For properties in the Redland that do not directly abut the road, the price of land is unrelated to Krome Avenue. Rather, it is based on the increasing demand for five-acre estates. The New Land Use Policies will likely restrain speculation based on the re-designation of Krome Avenue. One of the components of value is the probability of rezoning. Often much more important to land values are other factors: the land use plan designation and the history of land use in the surrounding areas. The planning and zoning restrictions, particularly in the light of the New Land Use Policies, send a signal to the market that the area around Krome Avenue is not slated for urbanization. The restrictions thereby limit increase in value and dampen speculation based on the potential widening of Krome Avenue. The trend in converting agricultural lands to residential uses has been in the making in Miami-Dade County for at least 30 years. The interplay between the agricultural and housing markets is the result of far larger forces than whether Krome Avenue is re-designated for improvement up to a divided four-lane roadway making any such re-designation of minor impact. As Mark Quinlivan, an expert in the field of real estate valuation in particular with regard to the areas along the Krome Avenue Corridor and the Redland, summed up the situation at hearing: So the trend is and has been for the last few years . . . to convert [the Redland] to five acre estates. Once they are converted to five acre estates and the homes are actually built, there is really not much else that can be done. Now you can't tear down the house and re-subdivide it if you could rezone. . . . [W]hether you put Krome as two lanes, four lanes, six lanes this trend is way beyond this amendment . . . Tr. 264. Environmental Impacts Although whether Krome Avenue will ever be improved to four lanes north of US 41, most of which crosses lands designated Environmental Protection depends on an environmental evaluation and other factors subject to an FDOT PD&E Study, it must be assumed for purposes of this compliance determination that it is allowed to be four lanes. The same assumption must be made for all of Krome Avenue subject to the Plan Amendment. Were a new plan amendment to be applied for, however, to re- designate land adjacent to Krome Avenue, road capacity would be a "minor" consideration because development control "policies in the plan are very strong and they're much more important and that would override the fact that there happens to be road capacity available." Tr. 737. The County recognizes the importance of maintaining a buffer between urban development and the Everglades. This recognition is reflected in CDMP policies. The CDMP, moreover, attempts to prevent the loss of environmentally sensitive lands. In the 1990's Congress required the U.S. Army Corps of Engineers to develop a plan to reverse as much as possible the anthropogenic damage inflicted upon the Everglades. The result was CERP, a joint federal/state plan to restore the Everglades by completing sixty-eight individual projects by 2038 costing many billions of dollars. Adopted by an Act of Congress in 2000, CERP directs the Corps to restore the Everglades using CERP as a guideline. With the exception of 10 of the projects authorized by the act, each of the other 58 individual CERP projects must undergo a specific process of planning and then Congressional authorization and appropriation. There have been no Congressional authorizations since 2000. The 58 projects not authorized in 2000 still await final planning and design and Congressional authorization and appropriation. Because of a design of Krome Avenue improvement has not been proposed, it is not possible to determine whether the widening of Krome Avenue will physically impact CERP projects. The concern advanced by Petitioners is that improvement to Krome Avenue will not only decrease the availability of land availability to CERP but will also raise land values. The concern is appropriate because, in general, the primary strategy of CERP is the acquisition of privately-owned land to dedicate to water storage, wetland restoration, and other related uses. "Most [CERP] projects have land acquisitions as the single largest factor in their cost." Tr. 415. Escalating real estate costs is a significant issue for CERP project managers attempting to stay within budget. As land acquisition costs increase, it becomes more difficult to get adequate funding or even authorization of a project. Furthermore, the federal authorization law requires a re- authorization by Congress if projected initial costs are exceeded by more than 20 percent. One of the critical aspects of CERP is water storage for which significant amounts of land must be acquired. There are numerous water storage restoration projects planned in the vicinity of Krome Avenue dependent on land acquisition. Petitioners recognize, however, that there is a certain amount of speculation in any anticipation of a rise in land values in the area of Krome Avenue. "If widening Krome Avenue raises the value . . . of surrounding lands it will have an adverse affect on the success of the Everglades restoration project." Petitioners and Intervenor Monroe County's Proposed Recommended Order, para. 95, p. 16 (emphasis supplied). Furthermore, as found already, the rise is dependent on re- designation of lands in the area of Krome Avenue, which are subject to policies in the CDMP, such as the existing Conservation Element, that discourage re-designation in a manner that would stimulate a rise in land values. It is sufficient for the CDMP to have policies that direct development to minimize impacts to environmental resources and guide the more detailed analysis that will be performed pursuant to the PD&E Study and further regulations. As Thomas Pelham explained: The purpose of the comprehensive plan is to establish policies that will be applied to and will govern actual development proposals that come in under the plan. It's not the purpose of a comprehensive plan to do a development permit level analysis. You do that when development permits are applied for . . . until you have . . . a specific proposal for a road, actual alignment, design features, you can't really fully analyze the impacts of it, anyway. . . . [T]he comprehensive plan . . . establish[es]] in advance policies that are reviewed for adequacy for protecting natural resources, the environment, so, that when someone comes in with an actual development proposal, then, it has to be evaluated in terms of the policies in the plan, and if it's not consistent, the law requires that it be denied. Tr. 686-7. The existing Conservation Element and other CDMP policies that protect environmental resources adequately address the potential impacts of the Krome Avenue Amendment vis-à-vis the environment and environmental considerations. South Florida Regional Policy Plan Amendments must be consistent with the Strategic Regional Policy Plan (SRPP) in order to be in compliance. § 163.3184(1)(b), Fla. Stat. SRPP Goal 2.1 is to achieve long-term efficient and sustainable development patterns by guiding new development and redevelopment into area which are most intrinsically suited for development. This includes areas where negative impacts on the natural environment will be minimal and where public facilities/services already exist, are programmed, or on an aggregate basis, can be provided most economically. SRPP Policy 2.1.4 requires development to be directed away from environmentally sensitive areas. Strategic Regional Goal 2.2 is designed to revitalize deteriorating urban areas. SRPP Policy 2.2.1 requires priority for development in blighted areas characterized by underdevelopment/under- employment that are in need of re-development. SRPP Policy 3.9.1 is designed to direct development and uses of land inconsistent with restoration away from Everglades and adjacent natural resources of significance. State Comprehensive Plan Section 187.101(3), Florida Statutes, states the following with regard to the construction of the State Comprehensive Plan: The [state comprehensive] plan shall be construed and applied as a whole, and no specific goal or policy in the plan shall be construed or applied in isolation from the other goals and policies in the plan. Petitioners do not ignore this provision of the statutes, citing to it in their proposed recommended order. See Petitioners and Intervenor Monroe County's Proposed Recommended Order, p. 41. Petitioners contend that it is beyond fair debate that the Plan Amendment is inconsistent with the State Plan as a whole and that it is specifically inconsistent with the following provisions in the State Plan: LAND USE.-- Goal.--In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. Policies.-- Promote state programs, investments, and development and redevelopment activities which encourage efficient development and occur in areas which will have the capacity to service new population and commerce. Develop a system of incentives and disincentives which encourages a separation of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats. 6. Consider, in land use planning and regulation, the impact of land use on water quality and quantity; the availability of land, water and other natural resources to meet demands; and the potential for flooding. URBAN AND DOWNTOWN REVITALIZATION.-- (a) Goal.--In recognition of the importance of Florida's vital urban centers and of the need to develop and redevelop downtowns to the state's ability to use existing infrastructure and to accommodate growth in an orderly, efficient, and environmentally acceptable manner, Florida shall encourage the centralization of commercial, governmental, retail, residential, and cultural activities within downtown areas. PUBLIC FACILITIES.-- Goal.--Florida shall protect the substantial investments in public facilities that already exist and shall plan for an finance new facilities to serve residents in a timely, orderly, and efficient manner. Policies.-- 1. Provide incentives for developing land in a way that maximizes the uses of existing public facilities. TRANSPORTATION.-- Goal.--Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway, air, mass transit, and other transportation modes. 12. Avoid transportation improvements which encourage or subsidize increased development in coastal high-hazard areas or in identified environmentally sensitive areas such as wetlands, floodways, or productive marine areas. AGRICULTURE.-- (a) Goal.--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. Id. at pgs. 41-43.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Community Affairs enter a final order determining that the October 2002 Plan Amendment to the Comprehensive Development Master Plan of Miami- Dade County adopted by the Board of County Commissioners for Miami-Dade County as reflected in Ordinance No. 02-198 be determined to be "in compliance." DONE AND ENTERED this 16th day of June, 2006, in Tallahassee, Leon County, Florida. S DAVID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of June, 2006.
The Issue The issue is whether Polk County's small scale development amendment (CPA2003S-02) adopted by Ordinance No. 03-03 on January 22, 2003, as later amended by Ordinance No. 03-19 on March 15, 2003, is in compliance.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Background Berry is the owner of a tract of land located on the southwest corner of the intersection of Eagle Lake Loop Road (County Road 540-A) and Pollard Road in Section 16, Township 29, Range 26 in the eastern part of unincorporated Polk County, Florida. The property lies south of the City of Winter Haven, east-southeast of the City of Eagle Lake, less than a mile south of Lake Eloise (on which Cypress Gardens is located), and west of U.S. Highway 27. Because Berry owns property within the County, and submitted oral and written comments to the County prior to the adoption of the challenged amendment, it has standing to participate in this action. On July 19, 2002, Berry filed an application with the County Planning Department seeking to change the land use on 9.99 acres (or just below the threshold of 10.0 acres for a small scale amendment) from RL-1 to Neighborhood Activity Center (NAC) to include approximately 4.95 acres of various neighborhood specialty shops such as a grocery store, drug store, convenience store, and dry cleaners, with the remaining acreage used as a mini-warehouse self-storage facility. In September 2002, Berry amended its application by seeking to change 3.93 acres from RL-1 to CC and 6.06 acres from RL-1 to BPC-1. The application was assigned Case File No. CPA2003S- 02. Under the County's review process, the application is first reviewed by the County Development Review Committee (Committee), then by the County Planning Commission (CPC), which either accepts or rejects the Committee's recommendation, and finally by the Board of County Commissioners (Board), which either adopts the amendment, adopts the amendment as amended by the Board, or rejects the amendment. After conducting a preliminary review of the application, on September 16, 2002, the Committee conducted a public hearing and voted to recommend approval. The matter was then transmitted to the CPC, which conducted a meeting on October 9, 2002, and recommended that the Board approve the amendment. On January 22, 2003, by a 3-2 vote, the Board adopted CPA2003S-02 changing the designation on the FLUM of the County Comprehensive Plan (Plan) as proposed by Berry. This was confirmed by the County's adoption of Ordinance No. 03-03. On February 21, 2003, Petitioners filed their Petition challenging the Berry amendment. The matter was again placed on the Board's agenda on March 19, 2003, after the County discovered that Ordinance No. 03-03 had inadvertently changed the land use on the entire parcel to CC rather a mix of CC and BPC-1. In addition, there were minor errors in the legal description of both the 3.93 and 6.06-acre parcels. Accordingly, Ordinance No. 03-19 was enacted to correct those errors. A second Petition for Formal Administrative Proceedings (with essentially the same allegations, but also adding an allegation that the same property had been improperly subject to two small scale amendments within a 12- month period) was filed by Petitioners on March 19, 2003, challenging the action taken in Ordinance No. 03-19. At the outset of the final hearing, Petitioners voluntarily dismissed two allegations contained in their Petition. In their Proposed Recommended Order, Petitioners have further narrowed the issues by addressing only the following allegations: that the property which is the subject of this proceeding exceeds 10.0 acres in size and therefore cannot qualify as a small scale amendment; and that the amendment violates Future Land Use Element (FLUE) Policies 2.102-A1, 2.113-B-3, 2.113-B-4, 2.110-C3, and 2.113-B-1 and is thus internally inconsistent with the Plan. These issues will be discussed separately below. All other allegations contained in the second Petition and the parties' Pre-Hearing Stipulation are deemed to have been withdrawn or abandoned. Because the change in the FLUM was filed and approved as a small scale plan amendment under Section 163.3187(1)(c), Florida Statutes (2003),1 a compliance review of the amendment was not made by the Department of Community Affairs (DCA). See § 163.3187(3)(a), Fla. Stat. Standing of Petitioners Durham is a realtor/developer who owns property within 250 feet of Berry's property and resides at 10 Lake Eloise Lane, Southeast, Winter Haven, Florida. He made oral and written comments to the County prior to the adoption of the amendment. As such, he qualifies as an affected person under Section 163.3184(1)(a), Florida Statutes, and has standing to bring this action. CPPI began as an association in November 2002 and was later incorporated in February 2003. Presently, it has around 100 members, all of whom reside in the County. According to its chairperson, its purpose is to "help educate and inform residents of Polk County . . . towards growth matters that may affect their daily lives." The organization "encourages donations" from its members; it was scheduled to have conducted its first annual meeting on January 10, 2004; and members prepared and circulated petitions opposing the amendment to residents of the area in December 2002 and January 2003. At least one member of CPPI made written and oral comments on its behalf to the County prior to the adoption of the amendment in March 2003. There is no evidence, however, that CPPI (as opposed to its individual members) owns property or owns or operates a business within the County. Therefore, it lacks standing to file a petition. The land and surrounding uses Berry owns a triangle-shaped parcel of land (the parent parcel) totaling around 14 acres which fronts on Eagle Lake Loop Road (a 24-foot wide urban collector road) to the north, Pollard Road (a local road) to the east, and a CSX railroad track, with right-of-way, on its western side. (Pollard Road dead ends at Eagle Lake Loop Road, and another collector road, Eloise Loop Road, continues to the north from the intersection). Pollard Road provides access to eight nearby single-family homes, which lie south of the Berry property and front on Pollard Road, and eventually terminates at the City of Winter Haven's Sewage Treatment Plant (an institutional use), which lies slightly more than a mile south of the site. To the west of the site directly across the railroad tracks and fronting on Eagle Lake Loop Road is additional property owned by Berry and on which were once located the original Berry corporate offices. The Berry office buildings are now used, at least partially, by other tenants. Although the land across the railroad tracks is classified as Residential Suburban (RS), the property can be used for offices since the buildings were constructed, and office use began, prior to the adoption of the Plan. Directly across Pollard Road to the east is a vacant 10-acre tract of land owned by the Baptist Ridge Association, which intends to construct a church on the property. Berry's property is now classified as RL-1, a land use classification which "is characterized by single-family dwelling units, duplex units, and small-scale multi-family units." Since at least the 1950s, however, or long before the County adopted its Plan, the property has been used primarily for agriculture purposes (citrus groves); therefore, Berry is grandfathered to continue this non-conforming use on its property. Presently, the entire tract of land is undeveloped and largely covered by an orange grove, which Berry describes as "past maturation and is declining." Citrus trucks and trailers have been parked on the extreme northwestern corner of the parent parcel and are used in conjunction with the citrus operation. Except for the former Berry offices, a nearby beauty salon operating out of a house, and a convenience store about three-quarters of a mile away, which all began operation before the Plan was adopted and are grandfathered as non- conforming uses, and the City of Winter Haven's large tract of institutional land to the south, all of the property within slightly less than a one-mile radius of the Berry property is classified in various residential land use categories with only residential uses. The Amendment As noted above, Berry has owned the subject property for many years. In 1987, Berry (then under the name of Jack M. Berry, Sr.) made application with the County for a zoning change on the property from Rural Conservation (RC) to Commercial (C-3) to allow typical commercial uses. The application was ultimately denied by the County on the ground, among others, that the zoning district being proposed was inconsistent with the Plan, "given the residential development pattern in the area." At least partly on the theory that the area has changed substantially in the last 15 years, Berry has filed (and the County has approved) an application seeking to change the land use on the property to commercial uses. Berry has carved out of the parent parcel two smaller parcels totaling 9.99 acres in size and seeks to change the land use on the northern parcel (3.93 acres) to CC and the land use on the southern parcel (6.06 acres) to BPC-1. The remaining land in the parent parcel, which consists of a 0.43-acre triangle-shaped parcel on the northwestern corner of the parent parcel and now used by citrus trucks, and a vacant 2.74-acre triangle-shaped parcel on the southern end, will remain R-1. (However, all parties agree that if the amendment is approved, these remaining parcels will be unsuitable for residential development.) In addition, strips of land ranging from 22 to 28 feet in width which front on Eagle Lake Loop Road and Pollard Road will be dedicated to the County for right-of-way and have not been included in the 9.99-acre amendment. Presumably, the proposed change is being done in this manner so that the total acreage is less than 10.0 acres, which qualifies the application to be processed as a small scale development amendment rather than a regular plan amendment and subject to DCA review and approval. If the change is approved, the northern part of the parcel (3.93 acres) will be changed to CC to develop convenience commercial uses. Under the Plan, the most typical tenant in this category is a convenience store, while other typical tenants include laundry, dry cleaning, barber, restaurant, gas station, and office uses. The southern (and larger) portion of the tract will be changed to BPC-1. The most typical tenant in this category is "[o]ne or more light- assembly plants, or warehouse facilities," which include a mini-warehouse storage facility. Other typical tenants described in the Plan are offices, distribution centers, research and development firms, and high-density residential, with proper buffering. (Berry says it intends to build a mini-warehouse facility on the southern parcel; however, any of the above described uses could be placed on the property if the change is approved.) Petitioners' Objections In broad terms, Petitioners have contended that the small scale amendment actually involves a use of more than 10 acres since the strips of land being dedicated as right-of-way to the County must be counted as a part of the land being amended. They also contend that the plan amendment violates five FLUE policies and is therefore internally inconsistent with the Plan. A small scale development amendment can only be adopted if "[t]he proposed amendment involves a use of 10 acres or fewer." See § 163.3187(1)(c)1., Fla. Stat. The parties have agreed that the legal description of the parcel subject to the change includes only 9.99 acres, or less than the 10-acre threshold. However, prior to the development of the site, Berry intends to dedicate to the County two strips of land, one fronting on Eagle Lake Loop Road (28 feet wide), and the other on Pollard Road (22 feet wide), for future right-of-way for some public purpose. Petitioners contend that the right-of-way constitutes essential infrastructure for the development and must be included as a part of the amendment. If this land is added to the amendment, the total acreage would obviously exceed 10.0 acres. The dedicated land is not "essential infrastructure" needed for the development activities on the land, since two roadways (Eagle Lake Loop Road and Pollard Road) already exist on the northern and eastern boundaries of the property, and they are sufficient in size to provide ingress to, and egress from, the property. Instead, the County will "bank" the land in the event some form of right-of-way activity is needed in the future. It is noted that Eagle Lake Loop Road was recently widened to 24 feet, and it is not anticipated that a further widening will occur for a number of years. There is nothing in the Plan which requires an applicant for an amendment to include all of its property in a proposed amendment, or prevents an applicant from leaving a residual piece of property out of the application. Therefore, Berry was not required to include in the amendment the right- of-way or the two smaller residual pieces of property that will remain R-1. Finally, assuming arguendo that Petitioners' contention is correct, that is, that an applicant must include right-of-way land dedicated to the local government in the total acreage calculation, Berry could still lawfully comply with the 10-acre threshold by simply reducing the other acreage being changed to CC or BPC by the amount of land being dedicated to the local government for right-of-way. Therefore, it is found that Berry has not improperly excluded from the amendment land necessary for essential infrastructure so as to violate Section 163.3187(1)(c)1., Florida Statutes, as alleged by Petitioners. Policy 2.102-A1 requires compatibility between adjacent uses. More specifically, it provides that: Land shall be developed so that adjacent uses are compatible with each other, pursuant to the requirements of other Policies in this Future Land Use Element, so that one or more of the following provisions are accomplished: there have been provisions made which buffer incompatible uses from dissimilar uses; incompatible uses are made to be more compatible to each other through limiting the intensity and scale of the more intense use; uses are transitioned through a gradual scaling of different land use activities through the use of innovative development techniques such as a Planned Unit Development. Therefore, as the Plan is now written, so long as Berry develops the land in a manner which accomplishes at least one of the three "provisions" in paragraphs a - c of the policy, so as to make the adjacent uses compatible, the proposed land use change is permissible. As noted above, except for a few non-conforming uses adjacent to, or near the property, virtually all of the area around the Berry property is designated for residential use. The area to the north and northeast is developed with up-scale (with some homes ranging to as high as $1 million in value), low density, large lot, single-family residential subdivisions, including Harbour Estates, Cedar Cove, Cypress Cove, Gaines Cove, and Valhalla. To the east of the site are more subdivisions, including Eloise Place, Skidmore, Cypress Point, Lake Eloise Estates, Eloise Pointe Estates, a mobile home park, and Little Lake Estates. The lands to the south are primarily agriculture and in active citrus groves, with eight single-family homes on Pollard Road. Finally, a church will be built on the property directly across the street from the Berry property at the southeast corner of the intersection of Eagle Lake Loop Road and Pollard Road. The County Planning Director agrees that a convenience store (which is an authorized use on CC land), standing alone, is incompatible with adjacent single-family residences. Given this acknowledgement, and the fact that a non-binding, proposed site plan submitted by Berry with its application does not provide for any buffering between the commercial uses and the residential areas, Petitioners contend that none of the conditions required for compatibility in paragraphs a through c have been met, and thus the policy has been violated. The County has made clear, however, that when a final site plan is submitted, there must be "provisions [in the site plan] . . . which buffer incompatible uses from dissimilar uses," as required by the policy. Assuming that this is done at the site plan stage, at least one of the three provisions will be accomplished, thereby satisfying the compatibility requirement. This being so, the plan amendment does not violate the policy and in this respect is not internally inconsistent with the Plan. Petitioners next contend that the amendment is inconsistent with Policy 2.110-C3, which contains locational criteria for CC property. One such criterion requires that "Convenience Centers shall be located at the intersections of arterial and/or collector roads." Because the property is at a T-shaped intersection (as opposed to a traditional cross intersection with four directions for traffic to move off the site), Petitioners assert that the property is not located at an "intersection" within the meaning of the policy. Eagle Lake Loop Road, on which the northern boundary of the property fronts, is designated as an urban collector road. That road forms an intersection with Pollard Road (a local road) and Eloise Loop Road (also an urban collector road), which meets Eagle Lake Loop Road from the north at the intersection, and then makes a 90 degree turn to the east. (When Eagle Lake Loop Road continues to the east beyond the intersection, it turns into Eloise Loop Road, and later into Thompson Nursery Road, until it eventually intersects with U.S. Highway 17.) There is no dispute that the two collector roads (Eagle Loop Lake Road and Eloise Loop Road) form a T intersection, rather than a traditional cross intersection. For many years, however, the County has considered a T intersection and a cross intersection to be the same in terms of satisfying Plan requirements. Indeed, at the present time, at least four other CC designated properties within the County are located at T intersections. The County's interpretation of the policy is consistent with sound planning principles, is reasonable and logical, and is more persuasive than the contrary view offered by Petitioners. Accordingly, it is found that the amendment does not conflict with Policy 2.110- C3. Petitioners also contend that the amendment is inconsistent with Policy 2.113-B-3, which provides that "Business-Park Centers shall be located with consideration being given to regional transportation issues, and should be located at the intersections of arterial roads, and preferably on a fixed-route mass-transit line." (Emphasis added.) The use of the word "should" (rather than "shall") is intended to state a preference, but not an absolute requirement, that BPC lands be located at the intersections of arterial roads. According to the County's Planning Director, this is because "most cases that come [before the County] don't meet the ideal situation" of satisfying every requirement, and the County has used this permissive language to give itself some degree of flexibility in handling cases that do not meet every Plan requirement. Therefore, even though it is preferable that BPC land be located at the intersection of arterial roads, this requirement is not mandatory, and the County has the flexibility to approve a BPC land use change at property not sited at the intersection of arterial roads. In contrast to the permissive language described above, Policy 2.113-B-4 provides that development within a Business-Park Center shall conform to certain development criteria, including one that Business-Park Centers shall have frontage on, or direct access to, an arterial roadway, or a frontage road or service drive which directly serves an arterial roadway. Business-Park Centers shall incorporate the use of frontage roads or shared ingress/egress facilities wherever practical. In this case, the closest arterial roadway to Berry's property is State Road 17 to the west, which is four miles away, while State Road 60, another arterial roadway, is approximately six miles to the south. These arterial roads must be accessed, at least at the beginning of the trip, by Eagle Lake Loop Road, a two-lane, 24-foot wide urban collector that runs through predominately residential neighborhoods with some homes having fences within a foot or two from the road. The County interprets the requirement that BPC land have "direct access to an arterial road" to be satisfied if the property fronts on a collector road, which then provides access to an arterial road. Under the County's interpretation, the requirement is met since Eagle Lake Loop Road provides access (albeit 4 to 6 miles away) to State Roads 17 and 60. The County says it has consistently interpreted this provision in this manner for at least ten years, and has approved other applications for changes to BPC when those parcels were located on urban collector roads. (The distance between these other BPC parcels and the arterial roads is not of record, however.) While Policy 2.113-B-1 provides that Business-Park Centers are "not intended to accommodate major commercial or other high-traffic producing facilities," they "are intended to promote employment opportunities within the region by allowing for the establishment of office parks, research and development parks, areas for light-industrial facilities, distribution centers, and mixed-use employment parks." The same policy provides that they must have a usable area of 10 acres or more, have a service-area radius of 20 miles or more, be supported by a population of 150,000 or more people, and have a gross leasable area of 500,000 to 2,000,000 square feet. Given this description of their purpose and characteristics, and the wide range of commercial activities that are allowed on Business-Park Center lands, it is not surprising that Policy 2.113-B-3 provides that BPC lands should be located "at the intersections of arterial roads, and preferably on a fixed-route mass-transit line," while Policy 2.113-B-4 requires that they "have direct frontage on, or direct access to, an arterial roadway, or a frontage road or service drive which directly serves on an arterial roadway." When reading these provisions as a whole, it is unreasonable to conclude, as the County does, that "direct access" contemplates a drive of over 4 miles, partly on a narrow two- lane road, in order to reach an arterial road. Accordingly, on this issue, Petitioners' evidence is the most persuasive, and it is found that the plan amendment conflicts with Policy 2.113-B-4 and in this respect is internally inconsistent with the Plan. Policy 2.110-C3 sets forth the following location criteria for Convenience Centers: LOCATION CRITERIA Convenience Centers shall be located at the intersections of arterial and/or collector roads. There shall be the following traveling distance, on public roads, between the center of Convenience Center and the center of any other Convenience Center, or other higher- level Activity Center, Linear Commercial Corridor, or Commercial Enclave providing for the same convenience shopping needs: One (1) mile within the UDA and UGA Two (2) miles within the SDA and UEA This required separation may be reduced if: The higher-level Activity Center, Linear Commercial Corridor or Commercial Enclave within the required distance separation is over 80 percent developed; or the proposed Convenience Center market- area radius, minimum population support is over 5,000 people. Petitioners contend that this policy has been violated in two respects: the Berry property is not located at the intersection of arterial roads; and there is an existing convenience center located within 0.8 mile of the Barry property, and Berry cannot qualify for a reduction in the required separation, as described in paragraphs a and b. For the reasons stated in Findings of Fact 30-32, it is found that the Berry property is located at the intersection of two collector roads (Eagle Lake Loop Road and Eloise Loop Road) and that a T intersection satisfies the requirements of the policy. As to the second contention, the Berry property is located within an UGA (Urban Growth Area), and an existing convenience store is located at the intersection of Rifle Range Road and Eagle Lake Loop Road, or less than a mile west of Berry's property. The land use on the property on which the store sits was recently changed (in December 2003) to BPC, which does not allow a convenience store. However, the store is a non-conforming use, having been located at that site before the Plan was adopted. The locational requirement in Policy 2.110-C-3 that CC lands within the UGA be located at least a mile apart is not the least bit vague or ambiguous: CC designated lands (and not individual convenience stores, as Petitioners suggest) must be separated by at least a mile, unless one of the two criteria for reducing this separation is met. Because there is no CC land within a one-mile radius of the Berry land, the policy has not been violated. Policy 2.113-B-1 sets forth the following relevant characteristic for Business-Park Centers: General characteristics of Business-Park Centers are: Usable Area 10 acres or more There is no dispute that the useable area for the BPC land is only 6.06 acres, or approximately 60 percent of the required acreage. Petitioners contend that the amendment violates the foregoing policy because the useable area on Barry's property is much less than "10 acres or more." While the former County Planning Director conceded that the 10-acre usable area requirement is "mandatory," he justified the amendment on the ground that the 6.06 acres "approximates" 10 acres, and thus satisfies the policy. In the same vein, the current County Planning Director asserted that if Berry was proposing a stand-alone BPC, it would have been required to have 10 usable acres. In this case, though, he pointed out that the Berry property will be used for a nonresidential mixed use (BPC and CC) totaling almost 10 acres, and therefore Berry has satisfied the requirement. The Planning Director admitted, however, that nothing in the Plan specifically allows this type of exception. He justified the County's action on the theory that the Plan "doesn't anticipate every situation that comes in," and "interpretations have to be made of the comprehensive plan and how it's applied." The requirement that Business-Park Centers have a usable area of 10 or more acres is clear and unambiguous, was characterized as being "mandatory," and is not subject to any exceptions in the Plan. This being so, the County's interpretation is found to be unreasonable and contrary to the plain language in the policy, and in this respect the plan amendment is internally inconsistent with the Plan.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administration Commission enter a final order determining that the small scale development amendment (CPA2003S-02) adopted by Polk County by Ordinance No. 03-03, as amended by Ordinance No. 03-19, is not in compliance. DONE AND ENTERED this 24th day of February, 2004, in Tallahassee, Leon County, Florida. S DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of February, 2004.
The Issue The issue to be determined in this case is whether the proposed amendment to the Pinellas Countywide Plan Map, changing the land use designations on 34.6 acres of land in Safety Harbor, Florida, should be approved.
Findings Of Fact The Parties Petitioner is the contract purchaser of 34.6 acres of land (“the Property”) located near the northeast corner of 10th Street South and McMullen-Booth Road in the City of Safety Harbor. Respondent is the Board of County Commissioners of Pinellas County, in their capacity as the CPA. The Proposed Amendment The Amendment would change the land use designations for nine parcels within the Property. The Amendment would make the following changes to the current land use designations: However, the parties’ dispute focuses on the 15.8-acre parcel that is now designated Industrial Limited (“IL”). The Amendment would change the designation of the parcel to Residential Medium (“RM”). Existing Land Uses on the Property and Surrounding Area Located on the 15.8-acre parcel (referred to hereafter as the “IL parcel” or “Richman parcel”) are numerous industrial buildings and structures associated with a citrus processing facility that is no longer in operation. There are no uses being made of the other eight parcels that comprise the Property. The balance of the Property is undeveloped and relatively undisturbed. There are wetlands as well as a creek on the Property. There is an extensive tree canopy in the undeveloped area. Access to the IL parcel is via 10th Street South (S.R. 590), which is a two-lane, undivided roadway on the southern boundary. There is no rail access to the IL parcel. To the north and east of the Property are relatively affluent neighborhoods of single-family residences on lands designated Residential Suburban and Residential Low. The residences on the north are separated from the IL parcel by the large undeveloped area, but the residences to the east are immediately adjacent to the IL parcel. McMullen-Booth Road, a six-lane arterial roadway, runs along the northwestern boundary of the Property. On the southwestern boundary, adjacent to the IL parcel, are lands designated Residential/Office/Retail where there is a drug store, car wash, and bank. Across 10th Street South, on the southeast corner of its intersection with McMullen-Booth Road, is a gas station/convenience store. Also across 10th Street South, opposite the entrance to the citrus processing facility, is land designated IL and used for warehousing, auto-repair, and other uses. The Scenic Non-Commercial Corridor McMullen-Booth Road has been designated by Pinellas County as a Scenic Non-Commercial Corridor (“SNCC”). The SNCC designation includes lands bordering both sides of McMullen-Booth Road. The SNCC designation identifies preferred land uses within the corridor to achieve the CPA’s goal to preserve and enhance the scenic qualities of the corridor. The western half of the IL parcel is within the McMullen-Booth Road SNCC. Under the SNCC policies, the preferred land use for the western half of the parcel is “Mixed Use.” The Amendment would allow for land uses consistent with the SNCC. The Development Agreement The proposed Amendment is accompanied by a Development Agreement between Richman and the City of Safety Harbor which provides more specifically for how the Property would be developed. Among other items, the Development Agreement provides for: 246 apartment units in three-story and four-story buildings; a 25,000-square-foot office building fronting on McMullen-Booth Road; a 182-foot buffer between the nearest apartment unit and the residences to the east; a requirement that no three-story building will be located within 450 feet of the eastern property line; and the preservation of more than 10 acres of the undeveloped area, including the creek and wetlands. Action on the Proposed Amendment Changing a land use designation in the City of Safety Harbor requires an amendment to the Countywide Plan Map, which depicts all land use designations in Pinellas County and its municipalities. Countywide Rules are used in conjunction with the Countywide Plan and they address amendments to the Countywide Plan Map. The Countywide Plan and Countywide Rules are created and administered by the CPA. Proposed amendments to the Countywide Plan Map are reviewed by the Pinellas County Planning Advisory Committee (“PAC”), which is comprised of planners from most of the local governments in Pinellas County. The PAC makes a recommendation to the Pinellas Planning Council on a proposed amendment. The PAC recommended approval of the Amendment. The staff of the Pinellas Planning Council prepared an “Agenda Memorandum,” which included the following findings which are supported by the preponderance of the evidence presented in this case and, therefore, are findings of fact in this Recommended Order: The RM land use is well-suited to serve as a transition from non-residential areas to the west and south and the residential neighborhoods to the east and north. The area is not part of a larger consolidated industrial area, but the Richman parcel, together with the IL parcel across 10th Street South, could function as a small industrial park. The IL category, with all potential uses allowed, is “in the broadest sense” inconsistent with single-family uses to the north and east. The IL parcel can accommodate certain “target employers.” At the final hearing, target employers were identified as “office light industrial and research and development.” The environmentally sensitive areas on the Property and adjacent to single-family residences limit the types of industrial uses that could be located on the IL parcel. The Amendment does not foreclose the opportunity to attract target employers to other parcels within the Property. “On balance,” the Amendment is consistent with the Countywide Rules. The Council staff recommended approval of the Amendment. As partial mitigation for the loss of the IL land use, the staff recommended that Richman work with the County to attract target employers to other parcels within the Property. The Council held a public hearing and voted to recommend approval of the Amendment. The Pinellas County planning staff recommended approval of the Amendment to the CPA. The CPA, at a public hearing, voted to deny the Amendment, based primarily on concern over the loss of industrial lands. Relevant Criteria Section 5.5.3.1 of the Countywide Rules states: In the consideration of a regular Countywide Plan Map amendment, it is the objective of these Countywide Rules to evaluate the amendment so as to make a balanced legislative determination based on the following six (6) Relevant Countywide Considerations, as they pertain to the overall purpose and integrity of the Countywide Plan. Of these six criteria, the parties stipulated that only the consideration stated in Section 5.5.3.1.1 is at issue in this case. That section states: Consistency with Countywide Rules. The manner in, and extent to, which the amendment is consistent with Article 4, Plan Criteria and Standards of these Countywide Rules and with the Countywide Plan as implemented through the Countywide Rules. The parties disputed what criteria are “implemented through the Countywide Rules.” Richman contends that to be implemented through the Countywide Rules, a policy must be contained in the Countywide Rules. The CPA contends that there are provisions of the Plan that must be considered even if they do not also appear in the Rules. As set forth in the Conclusions of Law, in order for a provision of the Countywide Plan to be implemented through the Countywide Rules so that the provision can act as a criterion applied by the CPA in the approval or denial of a proposed amendment to the Countywide Plan Map, the provision must be repeated, paraphrased, or adopted by reference in the Countywide Rules. In this regard it is noted that Resolution 06-3 of the Pinellas Planning Council, which discusses the need to reserve industrial parcels for target employers, was referred to in the Council's Agenda Memorandum and discussed in the public hearing before the CPA. However, Resolution 06-3 is not implemented through the Countywide Rules and, therefore, is not a source of criteria applicable to the Amendment. The SNCC designation for McMullen-Booth Road is in the Countywide Rules and, therefore, must be considered by the CPA in its review of the Amendment. Section 2.3.3.6.1 of the Countywide Rules is relevant to the issues raised and states in part: Category/Symbol – Industrial Limited (IL) Purpose – It is the purpose of this category to depict those areas of the county that are now developed, or appropriate to be developed, in a limited industrial manner; and so as to encourage the reservation and use of consolidated areas for industrial and industrial/mixed use in a manner and location consistent with surrounding use, transportation facilities, and natural resource characteristics. In addition to this statement of purpose, the section addresses locational characteristics, traffic generation characteristics, density/intensity characteristics, density/intensity standards, and “other standards.” Section 2.3.3.6.1 identifies the “primary uses” allowed in the IL land use category as office, research/development, light manufacturing/assembly, wholesale/distribution, and storage/warehouse. The “secondary” uses allowed are residential, retail/commercial; personal service/office support, commercial/business service, commercial recreation, temporary lodging, institutional, transportation/utility, recreation/open space, transfer/recycling, incinerator facility, and agricultural. The CPA’s desire for certain target employers to use the IL parcel fails to account for the fact that there are industrial uses of the site that are allowed under the IL land use category in the Countywide Plan that would cause noise, odor, truck traffic, or other conditions that are incompatible with adjacent residential uses. Understandably, the CPA would like to see the Richman parcel used in the future by one of the target employers, but the CPA does not acknowledge that the IL designation authorizes other uses that would be incompatible with surrounding uses. At the final hearing, the County’s Director of Economic Development testified that the Richman parcel is “perfect” for an IL land use, but that testimony only makes sense in the context of certain target employers. In the context of all the IL uses that are allowable under the Countywide Plan and Countywide Rules, the site is imperfect and impracticable because of the proximity of single-family homes and the access from an undivided, two-lane street used by residential traffic. Several years of marketing efforts by Richman and the County have not generated a single offer to purchase or lease the Richman parcel for any of the allowed IL uses, including target employers. Following the CPA’s denial of the Amendment, the staff of the Pinellas Planning Council undertook a review of its current policies regarding the preservation of industrial lands and recommended amending the Countywide Rules to identify industrial properties “worthy of preserving” and to develop criteria for the evaluation of proposed amendments to convert industrial land. These recommendations highlight the current lack of adequate guidance in the Countywide Rules. The determination by the CPA that the Amendment is inconsistent with the Countywide Rules is based primarily on three propositions which are contrary to the preponderance of the evidence. First, that the Richman parcel is being reserved for IL uses. The preponderance of the evidence shows that the parcel is inappropriate for several authorized IL uses and the CPA wants the parcel reserved only for a few target employers. Second, that the IL designation is not inconsistent with the McMullen-Booth Road SNCC. The identification of preferred land uses in the corridor would have no effect unless it was a factor to be considered by the CPA when it reviews proposed amendments to the Countywide Plan Map. The IL designation within the McMullen-Booth SNCC is inconsistent with the goal of the corridor and is a factor (not a requirement) in favor of changing current IL designation to another designation that qualifies as Mixed Use. Third, that the Richman parcel is part of a “consolidated area” for industrial uses in a location “consistent with surrounding uses” as described in Section 2.3.3.6.1. The preponderance of the evidence shows that this is not a consolidated area for industrial uses. It was once a consolidated area, but past land use decisions have eliminated more than half the industrial acreage. If Richman had proposed to consolidate its parcel with the IL parcel south of 10th Street South to create a large, integrated warehousing and distribution operation served by rail, the proposal would have been consistent with the core purpose for IL lands as expressed in Section 2.3.3.6.1. The impracticability of such a proposal, however, highlights the problem with the current IL designation for the Richman parcel. The County’s 2008 Target Employment and Industrial Land Study found that two-thirds of the “target industries” operating in Pinellas County are on lands not designated industrial, because these uses can often be accommodated on lands designated for office uses. The 2008 study recommended that the industrial designations of lands in five “prime industrial areas” be preserved. Richman’s IL parcel is not in one of these prime industrial areas. When all relevant factors are considered, the CPA appears to be taking a stand for preservation of industrial lands in the wrong place.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Countywide Planning Authority issue a Final Order approving the Amendment. DONE AND ENTERED this 18th day of November, 2013, in Tallahassee, Leon County, Florida. S BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of November, 2013. COPIES FURNISHED: Scott A. McLaren, Esquire Edward D. Armstrong, III, Esquire Hill, Ward and Henderson, P.A. 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, Florida 33602 Gordon Beardslee, General Planning Administrator Pinellas County Department of Strategic Planning and Initiatives 310 Court Street Clearwater, Florida 33756 Michael Crawford, Executive Director Pinellas Planning Council 310 Court Street, Second Floor Clearwater, Florida 33756-5137 Kenneth Welch, Commission Chairman Board of County Commissioners Pinellas County 315 Court Street Clearwater, Florida 33756 Nancy S. Meyer, Esquire David S. Sadowsky, Esquire Pinellas County Attorney's Office 315 Court Street, Sixth Floor Clearwater, Florida 33756
The Issue The issue is whether the plan amendments adopted by the City of St. Pete Beach (City) by Ordinance No. 2008-15 on August 26, 2008, are in compliance.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: The Parties The City is a municipality in southwestern Pinellas County. Following an Evaluation and Appraisal Report (EAR) process, the City adopted its current Plan in 1998 (also known as the 2010 Plan), which has been found to be in compliance. Since 2007, municipalities within Pinellas County have participated in the Pilot Program for adoption of comprehensive plan amendments. The statutory process is described in Section 163.32465, Florida Statutes. Under the Pilot Program, municipalities have "reduced state oversight of local comprehensive planning," and plan amendments may be enacted in "an alternative, expedited plan amendment adoption and review process." Id. Although the City must send a transmittal package to the Department (and other designated agencies and entities) for its preliminary review, the Department does not issue an Objections, Recommendations, and Comments Report or a notice of intent. Instead, the Department "may provide comments regarding the amendment or amendments to the local government." Id. It may also initiate an administrative proceeding to challenge whether such amendments are in compliance, but it chose not to do so here. The amendments in dispute were adopted under the Pilot Program. Petitioner is a resident of, and owns property in, the City, and he submitted oral and written comments and objections concerning the proposed amendments. As such, he is an affected person and has standing to participate in this proceeding. The parties have stipulated that Lorraine Huhn and Deborah Nicklaus reside and own property within the City, and that both individuals submitted comments to the City during the transmittal public hearing on June 16, 2008, and/or the adoption public hearing on August 26, 2008. Therefore, they are affected persons and have standing to participate. According to the parties' Pre-Hearing Stipulation, SOLV is a Florida non-profit corporation with a principal address of 6370 Gulf Boulevard, St. Pete Beach, Florida. The parties have also stipulated that SOLV operates a business within the City. Whether it submitted comments to the City between the transmittal hearing on June 24, 2008, and the adoption hearing on August 26, 2008, is in dispute. SOLV's President, Lorraine Huhn, presented comments at the City's adoption hearing on August 26, 2008. See Petitioner's Exhibit 15, pages 63-64. During her brief oral presentation to the City Commission in support of the amendments, she did not state that she was speaking on behalf of SOLV, and at no time did she refer to that organization. However, on August 2, 2008, Ms. Huhn sent an email on behalf of SOLV to the City Clerk, which arguably can be interpreted as written support for the Ordinance being challenged. See Intervenors' Exhibit 9. Also, an email authored by the City Manager on August 1, 2008, indicates that SOLV representatives met with City representatives on July 31, 2008, to discuss the proposed amendments. See Intervenors' Exhibit 10. Since these written and oral comments were submitted between the transmittal and adoption hearings, SOLV meets the definition of an affected person and has standing to participate in this proceeding. Background By way of background, the City was initially incorporated in 1957 as St. Petersburg Beach by consolidating the towns of Pass-a-Grille, Don CeSar, Belle Vista, St. Petersburg Beach, and certain unincorporated areas of Pinellas County. It occupies a six-mile long barrier island (known as Long Key), which lies between the Gulf of Mexico and Boca Ciega Bay, with a maximum width of three-quarters of a mile and an area of approximately 2.25 square miles or 1,286.14 acres. The name was shortened to St. Pete Beach in 1994 to lessen the confusion with the City of St. Petersburg, which lies to the east. The City has about 4.5 miles of beaches and is very densely populated. Most of the City has been developed with only 13.40 acres, or around one percent of the land, vacant and undeveloped. The entire City is within the flood plain, and much of the City is within the Coastal High Hazard Area (CHHA). The current population is around 10,000. To place the current dispute in proper perspective, a history of events that began in 2002 is necessary. With the assistance of a consulting firm, beginning in April 2002 the City initiated redevelopment planning efforts for various areas within the City including Corey Avenue/Blind Pass Road, Pass-a- Grille, Gulf Boulevard, and residential neighborhoods. The intention of this effort was to define the starting point for subsequent master planning efforts by the City. A Final Report (also known as the Visioning Statement or Plan) was issued by the consulting firm in July 2002. See Respondent's Exhibit 1. This was followed by a master planning process by another consulting firm, which was intended, among other things, to develop a strategy for dealing with the redevelopment of older and outdated properties within the resort area of the City (along the Gulf of Mexico), rather than having them converted into residential condominiums because of existing regulatory restrictions. The final Master Plan was presented to the City Commission in August 2003. See Respondent's Exhibit 3. In response to the Master Plan, on June 28, 2005, the City enacted Ordinance 2004-24, known as the City's Community Redevelopment Plan (Redevelopment Plan), which implemented many of the recommendations in the Master Plan. See Respondent's Exhibit 8. Among other things, the Redevelopment Plan created a new land use category, the Community Redevelopment District, which included two sub-districts, the Gulf Boulevard Redevelopment District, depicted on Map 10 of Exhibit 8, and the Downtown Redevelopment District, depicted on Map 11 of the same exhibit. The amendment was intended to establish standards for redevelopment in the so-called "resort" area of the City, which runs north-south along Gulf Boulevard adjacent to the beach on the western side of Long Key, while the same thing was intended for the core downtown area. Although Petitioner is correct that Ordinance No. 2008-15 differs from Ordinance No. 2004-24 in some respects, there are many similarities between the two, including the creation of the two Redevelopment Districts, additional character districts within the two main Districts, and the maps of the Districts. Also, both Ordinances have many of the same Goals, Objectives, and Policies, and both include unnumbered narrative text setting out allowable uses as density and intensity standards. On August 19, 2005, Petitioner and a non-profit association filed a challenge to Ordinance No. 2004-24 under Section 163.3184, Florida Statutes. See Citizens for Responsible Growth and William C. Pyle v. Department of Community Affairs and City of St. Pete Beach, DOAH Case No. 05- 3159GM. The challengers later voluntarily dismissed their petition, the case was closed on October 17, 2005, and the Department found the amendments to be in compliance. Under the City's Charter, however, citizens may petition to require reconsideration by the City Commission of any adopted ordinance and, if the City Commission fails to repeal an ordinance so reconsidered, to approve or reject it at a City election. See Petitioner's Exhibit 26; § 7.02, City Charter. (Ten percent of the qualified registered voters in the City must sign a petition in order to have an ordinance placed on the ballot for approval or disapproval.) Petitioners in DOAH Case No. 05-3159GM were instrumental, at least in part, in securing the necessary number of voters to sign a petition, and a majority of the registered voters in the City later voted to repeal the Ordinance in 2006. Pursuant to that vote, the City Commission repealed Ordinance No. 2004-24 and it never took effect. In 2008, six ordinances (Ordinance Nos. 2008-09 through 2008-14) were proposed as citizen initiatives. After the City refused to act on the six initiatives, SOLV and others filed suit against City officials seeking a vote on the six ordinances. See Save Our Little Village, Inc., et al. v. Commissioner Linda Chaney, et al., Case No. 08-2408-CI-8 (6th Circuit, Pinellas County). On March 31, 2008, the City adopted Resolution 2008-09 approving a Settlement Agreement in the law suit. See Joint Exhibit 1, Appendix C. The Settlement Agreement required the City to transmit and adopt the Ordinance being challenged here subject to various conditions and limitations, if the voters approved Ordinance No. 2008-10, which was a Petition by SOVL proposing an ordinance to amend the Countywide Future Land Use Plan. (The City is required by the Countywide Plan Rules to transmit the countywide plan map amendment to the Pinellas County Planning Council for its review in order to adopt the City plan amendment. This process is described in Petitioner's Exhibit 33.) Notably, the City's staff did not prepare the text or the accompanying supporting data for Ordinance No. 2008-15; rather, the text and all supporting data were prepared by SOLV. The voters approved Ordinance No. 2008-10 on June 3, 2008, which provided for the review and approval of the amendments being challenged here. Pursuant to the results of the referendum, on June 16, 2008, the City approved Ordinance Nos. 2008-15, 2008-24, and 2008-25. Only the first Ordinance is in issue here; the other two are not contested. As required by Section 163.32465(4)(a), Florida Statutes, the amendments were then transmitted to the Department, Department of Environmental Protection, Department of Education, Department of State, Department of Transportation District Seven, Tampa Bay Regional Planning Council, Southwest Florida Water Management District, and Pinellas County Planning Department for their review and comment, if any. Comments on the amendments were offered by the Department on August 1, 2008, and by the Department of Transportation, Department of Education, and Tampa Bay Regional Planning Council. On August 26, 2008, the City adopted Ordinance No. 2008-15. Petitioner's challenge was then timely filed with the Division of Administrative Hearings on September 24, 2008. See § 163.32465(6)(a), Fla. Stat. ("[a]ny 'affected person' as defined in s. 163.3184(1)(a) may file a petition with the Division of Administrative Hearings . . . within 30 days after the local government adopts the amendment"). The Ordinance Ordinance No. 2008-15 establishes a new land use category, the Community Redevelopment District, which includes the Downtown and Gulf Boulevard Redevelopment Districts comprised of eleven character districts, and implements that change by amending the FLUM and certain text provisions within the FLUE and HE. The two new Districts comprise approximately twenty percent of the total land area of the City, or around 248.25 acres. The amendments are found in Attachment A, consisting of 115 pages, which is attached to the Ordinance. Attachment A includes six maps found on page 40 (Map 1 - Community Redevelopment Districts Location); page 41 (Map 2 - Gulf Boulevard Redevelopment Character Districts); page 42 (Map 3 - Downtown Community Redevelopment District 1); page 110 (Map 10 - Future Land Use Map - Gulf Boulevard Redevelopment District, Proposed Future Land Use); page 111 (Map 11 - Future Land Use Map - Downtown Redevelopment District, Proposed Future Land Use); and page 112 (Map 12 - Coastal High Hazard Area - Storm Surge for Category 1 (2007), St. Pete Beach, FL). Pages 1 through 6 are introductory material outlining the need for redevelopment. Pages 7 through 112 pertain to the Future Land Use Element, while pages 113 through 115 relate to the Housing Element. Because SOLV (rather than the City) prepared Attachment A, this is probably the reason why some parts of the lengthy Attachment A have been drafted in narrative style. Besides Attachment A, support documentation for the amendments is attached to the Ordinance and includes the legal notices published in a local newspaper; Citizen Courtesy Information Lists; Commission and Planning Board Agendas; excerpts from Division 31 of the City's Land Development Code; copies of various Ordinances; and a 127-page Special Area Plan submitted to the Pinellas Planning Council and Countywide Planning Authority in support of the amendment that was necessary in order for the City to adopt the Ordinance. In addition, the data and analyses used for the adoption of Ordinance No. 2004-24 were relied upon to support the amendments, including the Visioning Plan and the Master Plan. Petitioner's Objections In paragraphs 9 through 25 of his Petition, which are in the section entitled "Disputed Issues of Material Fact And/or Mixed Disputes [sic] Issues of Fact and Law," Dr. Pyle contends that the amendments adopted by the Ordinance are not in compliance for numerous reasons. The parties' Pre-Hearing Stipulation also states that "the Disputed Issues of Material Fact and/or Mixed Questions of Fact or Law set forth in the Petition for Administrative Hearing in this matter remain disputed issues for the purposes of the final hearing." In his Proposed Recommended Order, however, Petitioner states in a more concise fashion that the amendments are not in compliance because they: are not clearly based upon appropriate data, including data required for the FLUE; [are not] based upon and supported by an appropriate analysis of the best available data; did not demonstrate "need"; [are] inconsistent with the State Comprehensive Plan; [are] not "financially feasible"; [do] not meet format requirements; [do] not contain two planning periods; establish a mixed-use FLUM designation of CRD [Community Redevelopment District] that [does] not meet the statutory and rule requirements; [are] internally inconsistent; and [do] not meet the minimum procedural and notice requirements. These objections will be considered below, although not in the order listed above. Procedural Irregularities Petitioner contends that the City failed to follow certain notice requirements and therefore he was unduly prejudiced by these irregularities. Specifically, he claims that the notices published by the City in the St. Petersburg Times on June 8 and August 20, 2008, did not advise the public of all amendments, particularly one relating to the Resort Facilities Overlay District; did not include a map showing areas subject to the FLUM amendments in relation to major streets; did not advise that the City was amending the coastal construction control line (CCCL) definition in the Preservation land use category; and the actual changes being made "did not comport with the title of the adopted Ordinance." Copies of the published notices, albeit in very small and sometimes illegible print, are found in Joint Exhibit 2. Assuming all of these notice deficiencies are true, Petitioner did not establish that he was prejudiced by any irregularities. Besides being intimately involved in this controversy since its inception in 2002, the evidence shows that he attended both the transmittal and adoption hearings of Ordinance No. 2008-15; that he addressed the City Commission at both meetings; that he was provided copies of all pertinent documents; that through counsel he filed a Petition requesting a formal evidentiary hearing, which raises a litany of compliance issues; that he was allowed to conduct discovery; and that he was given an opportunity to fully litigate each issue in his Petition. The contention that he was prejudiced by procedural irregularities is hereby rejected. Planning Time Frames Petitioner alleges that the Plan, as amended, does not set forth either a short-term planning time frame for the five- year period following adoption, or a long-term planning timeframe for at least a ten-year period following adoption. He contends that this is inconsistent with Florida Administrative Code Rule 9J-5.005(4), which requires that "[e]ach local government comprehensive plan shall include at least two planning periods: one for at least the first five year period subsequent to the plan's adoption and one for at least an overall 10-year period." See also § 163.3177(3)(a)5., Fla. Stat. The existing Plan includes at least two planning periods, a Capital Improvements Plan (CIP) covering the first five years after the adoption of the Plan in 1998, and the School Board's Five-Year Work Program for fiscal year 2007-08 through 2011-2012. Although the CIP was first adopted in 1998, the statutory deadline for all local governments to transmit an updated CIP was December 1, 2008, or after the amendment was adopted. Also, the existing Plan utilized a population estimate from the Bureau of Economic and Business Research (BEBR) to project population for the City for the upcoming ten-year period. Besides the above time frames, the new amendment contains two other planning time frames for implementation of the redevelopment incentives in the Plan. First, it contains a Residential Unit Reserve section for the new District, holding specific numbers of residential units in reserve in three of the character districts (Downtown Core Residential District, Commercial Corridor Blind Pass Road District, and Commercial Corridor Gulf Boulevard District) for the first five years after adoption of the plan amendments. See Joint Exhibit 2, pages 106-107. This allows the City to evaluate the effectiveness of the redevelopment incentives in the amendment without releasing all residential density otherwise authorized. Second, the amendment contains a General Residential Unit Density Pool Reserve of 195 residential units in the Large Resort District which cannot be released in the first ten years after adoption of the amendment. See Joint Exhibit 2, page 108. Like the other provision, this planning tool allows the City to reevaluate the effectiveness of the redevelopment incentives in the amendment prior to authorizing additional density. Petitioner's own planner agreed that these time frames were part of the planning period for the proposed amendment. While Petitioner contends that the time periods are "minimum waiting periods not tied to any fixed time frame," it is reasonable to infer from the evidence that they will become operative once the Ordinance is implemented. The preponderance of the evidence shows that the Plan, as amended, complies with the requirement for two planning time frames and is not inconsistent with either the rule or statute. Mixed-Use Categories Florida Administrative Code Rule 9J-5.006(4)(c) encourages mixed use categories of land and provides that if they are used, "policies for the implementation of such mixed uses shall be included in the comprehensive plan, including the types of land uses allowed, the percentage distribution among the mix of uses, or other objective measurement, and the density and intensity of each use." Petitioner contends that FLUE Policy 2.1.1 establishes a new mixed use district (the Community Redevelopment District) but the Plan, as amended, does not contain the requirements set forth in the rule. The Community Redevelopment District is a mixed use land use category, as is each of the character districts included within the two sub-districts. The Plan identifies four character districts within the Gulf Boulevard Redevelopment District (Large Resort, Boutique Hotel/Condo, Activity Center, and Bayou Residential) and seven character districts within the Downtown Redevelopment District (Town Center Core, Town Center Corey Circle, Town Center Coquina West, Downtown Core Residential, Upham Beach Village, Commercial Corridor Blind Pass Road, and Commercial Corridor Gulf Boulevard). FLUE Policy 2.1.1 incorporates the development standards found in the "Community Redevelopment District" section of the FLUE for the two larger sub-districts and eleven smaller character districts. Therefore, it provides the policies required for the implementation of the new land use category. These policies govern the distribution, location, and extent of uses and densities and intensities of uses within the sub-districts. They also establish the boundaries, uses, densities, and intensities of use for the eleven character districts. The types of land uses allowed in each character district are clearly listed in a section of the text amendment corresponding to each character district titled "Permitted Uses and Standards." See Joint Exhibit 2, Attachment A, pages 75, 79, 82, 84, 91, 93, 98, 100, 102, and 105. For example, in the Large Resort District, primary uses are hotel, motel, resort condominium, and medium density multi-family residential. Id. at page 75. The density and intensity standards for each type of use allowed within each character district are also listed in the same sections of the Attachment. For example, the maximum density of residential development in the Boutique Hotel/Condo District is eighteen units per acre. Id. at page 75. Finally, the policies for each character district provide objective criteria governing the actual mix of uses permitted on any redevelopment site within the Community Redevelopment District. The location of each allowable use will be distributed throughout each district. For example, the Downtown Redevelopment District creates a traditional downtown core area with traditional downtown core services surrounded by residential neighborhoods buffered from commercial intrusion. See Joint Exhibit 2, Attachment A, page 36. On the other hand, the Gulf Boulevard Redevelopment District is a core resort and shopping destination for residents and visitors. Id. The Community Redevelopment District does not use a percentage distribution among the mix of uses since the City is essentially built out and already has a mix of uses within the newly-created districts. Therefore, the plan amendment accomplishes a distribution of mix of land through location of uses in multi- story buildings, rather than a percentage distribution of mix. By doing so, it satisfies the requirement of the rule. See, e.g., The University Park Neighborhood Association, Inc. v. Department of Community Affairs, et al., DOAH Case No. 92- 0691GM, 1993 Fla. ENV LEXIS 19 (DOAH Nov. 2, 1992, DCA Feb. 24, 2003). Therefore, it is found that Petitioner failed to demonstrate by a preponderance of the evidence that the amendment is inconsistent with the rule. Preservation District The plan amendment is based upon the City's Visioning Plan and Master Plan. See Respondent's Exhibits 1 and 3. Neither document contains any recommendation that the City's Preservation Land Use District be revised in any way. In the existing 2010 Plan, the Preservation District is defined in FLUE Policy 1.1.1 as those beaches seaward of the CCCL, Fuller Island, and other environmentally significant natural resource areas. No development is allowed in the Preservation District except dune walkovers. Ordinance No. 2008-15 renumbers Policy 1.1.1 as 2.1.1 and makes a one-word change (underscored below) in the definition of the Preservation District so that it now reads as follows: Preservation (P), applied to the beaches seaward of the Florida Coastal Construction Control Line, Fuller Island and other environmentally significant natural resource areas; such designated areas shall not be developed except to provide beach access dune walkovers from adjacent developed properties under the provisions of the City's Beach Management Regulations. Petitioner argues that the effect of this change is to establish a new boundary line for the Preservation District (further seaward in some instances) and to no longer use the setback line previously used by the City, which was known as the Coastal Construction and Excavation Setback Line. He further contends that the City's setback line and the Florida (State) CCCL encompass different areas along the beach. In some cases, the City's setback line is more seaward than the State, and vice versa. Petitioner contends that the data and analysis for the 2010 Plan "implies" that the location of the Preservation land use category should be based upon the more restrictive of the City setback line or State CCCL, that is, whichever is less seaward. It is fair to infer from the evidence that the underlying reason for raising this claim is that an old Travelodge motel sits just south and east of Petitioner's condominium building and is scheduled to be redeveloped as a new high-rise condominium. Petitioner is concerned that if the State CCCL (rather than the City setback line) is used, it will allow the new building to be constructed closer to the Gulf of Mexico, presumably reducing his view and beach access. The City's witness Holly established that the City does not have a CCCL. Rather, it has an excavation and setback line. He further established that the City has consistently enforced the Preservation District geographically as the area seaward of the State CCCL. Also, the City's land development regulations implementing the existing Plan define the Preservation District as the property seaward of the State CCCL. The Countywide Plan also uses the State CCCL. The amendment is clarifying in nature and is intended to make the text in the City's Plan consistent with the Countywide Plan and existing enforcement practices. As explained by Mr. Holly, the City's setback line predates the establishment of the State CCCL, and functions much in the same manner as the State CCCL "in that it precludes structural development seaward of that line without specific application for approval of variance for those standards." See Transcript, page 415. Petitioner has failed to establish by a preponderance of the evidence that this clarifying change in the definition of the Preservation District in FLUE Policy 2.1.1 is not supported by adequate data and analysis. Format of Plan Amendment Petitioner next contends that the plan amendment is inconsistent with Florida Administrative Code Rule 9J-5.005(1), which contains general format requirements for comprehensive plans. For example, he points out that there are lengthy unnumbered narrative sections in Attachment A that apparently supplement the numbered sections, that the references to the land development regulations do not identify the specific land development regulation adopted by reference, that the series of maps are not labeled properly, and that the maps do not include north-south arrows or a scale. The amendment contains specific goals, objectives, and policies for the Community Redevelopment District. See Joint Exhibit 2, pages 43-48. It also contains goals, objectives, and policies for the two redevelopment districts, numbered policies for each character district, as well as unnumbered text setting forth permitted uses and standards for each character district. See Joint Exhibit 2, pages 67-70, 71-77, 78-80, 83-85, 86-90, 90-92, 92-94, 94-97, 97-98, 99-101, 101-103, and 104-106. The deposition testimony of Michael McDaniel, Chief of the Department's Office of Comprehensive Planning, established that while they are not typically used, the narrative sections of Attachment A are permissible to explain the goals, policies, and objectives. He further stated that nothing in the governing statutes or rules requires that all material adopted as part of a plan be labeled as, or be in the form of, a goal, policy, or objective, that many variations of format are found in plans adopted by local governments throughout the State, and that the Plan, as amended, is not inconsistent with any requirement. As to the makeup of the maps, Mr. McDaniel stated that while the Department prefers that maps be labeled as future land use maps, and that they contain the detail suggested by Petitioner, a failure to do so does not render the plan amendment not in compliance. Finally, he stated that the Department staff had no difficulty in understanding the maps or map series when they were reviewed by the Department in July 2008. Notably, the Department did not address any of these format issues when it prepared comments to the proposed amendment on August 1, 2008. Petitioner has failed to show by a preponderance of the evidence that the plan amendment is inconsistent with the requirements of Florida Administrative Code Rule 9J-5.005(1). Data and Analyses Petitioner alleges that the City failed to rely upon the best available data sources to support the amendment, that a proper analysis of the data was not made, and that the City did not react to the data in an appropriate way, as required by Florida Administrative Code Rule 9J-5.005(2). Petitioner presented no expert testimony or other evidence supporting the claim that the plan amendment lacked supporting data and analysis. Although he introduced into evidence various documents on the theory that this information constituted better data than that used by the City, the evidence does not support this allegation. For example, various documents concerning hurricane evacuation times were submitted, including the Tampa Bay Regional Hurricane Evacuation Study Update 2006, the Pinellas County Local Mitigation Strategy (LMS), and the 2008 Statewide Emergency Shelter Plan. See Petitioner's Exhibits 4, 16, and Since the plan amendment does not increase density, however, it does not conflict with established hurricane evacuation times. Also, the City is not increasing population to be evacuated to other zones; therefore, the Statewide Emergency Shelter Plan is irrelevant. Finally, the amendment is not contrary to any mitigation strategies in the LMS. Population estimates for the year 2006 prepared by the BEBR were introduced by Petitioner, presumably for the purpose of showing that more current population data should have been used, rather than the 2000 Census data relied upon by the City. See Petitioner's Exhibit 21. However, there is no requirement that the City update its population estimates and projections each time it adopts an amendment. According to Mr. McDaniel, this is normally done every seven years at the time of the EAR. In any event, the BEBR estimates an increase in population in the City of only 48 persons during the six-year period from 2000 to 2006 (from 10,002 to 10,050). Petitioner also introduced a list of claims for flood losses within the last ten years in the City for the purpose of demonstrating that the City failed to consider the location of these properties in adopting the amendment. However, the evidence shows that redevelopment policies in the amendment would bring existing older structures up to National Flood Insurance Protection standards. A list of Licensed Dwelling Units was also introduced to show that the list relied upon by the City was incomplete and failed to include a motel in close proximity to Petitioner's condominium. Assuming that this is true, the error was minor and did not affect the overall validity of the City's data. The plan amendment is supported by the City's visioning project, economic analysis, master planning project, and evaluation of infrastructure capacity and availability of services. It is also supported by data submitted by SOLV to the County in support of the amendment to the Countywide Future Land Use Plan, which includes the Special Area Plan. The more persuasive evidence supports a finding that there is relevant and appropriate data supporting the amendment, that the data was properly analyzed, and that the City reacted in an appropriate manner. Internal Inconsistency Petitioner further alleges that the plan amendment is internally inconsistent with Intergovernmental Element Policy 1.5.3, which requires that the City coordinate with the Pinellas County Emergency Management Department when adopting map amendments resulting in an increase in population within the CHHA. Under the existing definition of the CHHA in the 2010 Plan, the entire City is within the CHHA. The amendment implements a new definition, as required by Section 163.3178(2), Florida Statutes, which removes some parts of the City from the CHHA. Because the new amendment does not relate to either hurricane shelters or evacuation routes, and does not increase the residential density in the CHHA, compliance with the cited policy was not required. Petitioner further alleged that FLUE Policy 4.1.1 is internally inconsistent with Goals 2 and 3 of the Conservation and Coastal Element as well as the implementing objectives for those Goals. However, no testimony or other credible evidence was offered on this issue and the claim must fail. The preponderance of the evidence supports a finding that the Plan, as amended, in not internally inconsistent with other Plan provisions. Need Petitioner contends that the City did not prepare an analysis of need for future land uses authorized by the Ordinance, that it did not prepare an updated existing land use map series, that no tabular form of the approximate acreage and general range of density and intensity of each existing land use was prepared, and no population projections were presented, as required by Florida Administrative Code Rule 9J-5.006(1)(a), (b), (c), and (g). Therefore, he argues that the plan amendment is not supported by a demonstration of need for the new land use category to accommodate the anticipated growth. The supporting documentation for the plan amendment demonstrates the need for redevelopment of the City's lodging establishments, the need for additional height for tourist lodging uses in order to prevent conversion of those uses to condominium uses, and the need for aesthetic and other design changes to the City's building facades, streetscapes, and public areas with the redevelopment area. See Joint Exhibit 2, Attachment A, pages 1-3. The plan amendment does not propose new density to accommodate new populations. In fact, it reduces the overall residential density in the City, and the total amount of dwelling units, temporary lodging units, and non-residential (commercial) floor area ratio will also be reduced. Because the plan amendment does not increase the total amount of development, but is simply a plan for redevelopment of existing uses, there is no requirement that a need analysis be prepared. Financial Feasibility Petitioner also contends that the Plan, as amended, has not been shown to be financially feasible and does not include an updated five-year CIP. See § 163.3177(3)(a)5., Fla. Stat. ("the comprehensive plan shall contain a capital improvements element [which] set[s] forth: . . . [a] schedule of capital improvements . . . "). The statutory requirement for a CIP applies to projects necessary to ensure that adopted levels of service (LOS) standards are achieved and maintained. It applies to all public facilities and services for which an LOS standard is adopted pursuant to Section 163.3180, Florida Statutes. This was confirmed by the testimony of Mr. McDaniel. The evidence shows that all relevant City infrastructure facilities are operating at or above the adopted LOS. Therefore, there are no deficiencies which need correction in order to implement the redevelopment plan. As further confirmed by Mr. McDaniel, if a plan has been found to be in compliance, and the local government proposes changes that do not create a need for capital improvements, the plan amendment does not need to include an amendment to its CIP. In this case, the amendment does not increase the total permissible amount of residential density or non-residential use within the Community Redevelopment District, and no additional infrastructure capacity is needed. Petitioner's expert identified certain infrastructure projects for which he contended an updated CIP is needed, such as sidewalks, street lighting, and bike lanes. While these types of projects are all integral to the proposed redevelopment plan, they are not subject to concurrency or the financial feasibility standard. Even if they were, Petitioner's expert agreed such improvements could be accomplished through private investment when permits for projects are issued. Because Petitioner failed to show that the plan amendment would require the construction of any new or expanded public facilities to provide additional capacity to serve the development, his contention that the plan is not financially feasible must necessarily fail. Other Contentions All other contentions not discussed herein have been considered and rejected because no evidence on the issues was presented or the more credible and persuasive evidence supports a finding that the contentions are without merit.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Community Affairs enter a final order determining that the plan amendments adopted by Ordinance No. 2008-15 are in compliance. DONE AND ENTERED this 4th day of May, 2009, in Tallahassee, Leon County, Florida. S DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of May, 2009.
The Issue Whether an amendment to the Broward County Comprehensive Plan, PC-92-20, which was adopted by ordinance number 92-50 rendered the Broward County Comprehensive Plan not "in compliance", within the meaning of Section 163.3184(1)(b), Florida Statutes?
Findings Of Fact The Parties. The Petitioner, the Florida Department of Community Affairs (hereinafter referred to as the "Department"), is a state agency. The Department is charged pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Part II of Chapter 163, Florida Statutes (hereinafter referred to as the "Act"), with responsibility for, among other things, the review of comprehensive growth management plans and amendments thereto. The Respondent, Broward County (hereinafter referred to as the "County"), is a political subdivision of the State of Florida. The County is the local government charged with the responsibility pursuant to the Act for developing a comprehensive plan for future development in the unincorporated areas of the County and the approval of amendments to the County's comprehensive plan. The Intervenor, Susan Edn, is a resident of, and owns real property located in, Broward County, Florida. Ms. Edn submitted written and oral comments to the County concerning the plan amendment at issue in this proceeding. General Description of the County. The County is a generally rectangular-shaped area located on the southeastern coast of Florida. The County is bounded on the north by Palm Beach County, on the south by Dade County, on the east by the Atlantic Ocean and on the west by Collier and Hendry Counties. The County's Comprehensive Plan. The County adopted a comprehensive plan as required by the Act on March 1, 1989 (hereinafter referred to as the "County Plan"). Volume 1 of the County Plan includes the Broward County Land Use Plan, which applies to, and governs, future land use throughout the County, including the unincorporated areas of the County. The Future Land Use Element. The County Plan includes a Future Unincorporated Area Land Use Element dealing with future land use in the unincorporated areas of the County. See Volume 2 of the County Plan, Edn exhibit 15. The Future Land Use Element of the County Plan required by the Act consists of the Broward County Land Use Plan and the Future Unincorporated Area Land Use Element. The Future Land Use Element identifies a number of land-use categories, including a "residential" category. Densities of development on land designated "residential" are also established. There are eight designated residential future land uses identified and defined in the Future Land Use Element of the County Plan. Those designations and densities are as follows: Estate (1) Residential: up to 1 dwelling unit per gross acre. Low (2) Residential: up to 2 dwelling units per gross acre. Low (3) Residential: up to 3 dwelling units per gross acre. Low (5) Residential: up to 5 dwelling units per gross acre. Low-Medium (10) Residential: up to 10 dwelling units per gross acre. Medium (16) Residential: up to 16 dwelling units per gross acre. Medium-High (25) Residential: up to 25 dwelling units per gross acre. High (50) Residential: up to 50 dwelling units per gross acre. The density of development for the Rural Estate category is up to 1 dwelling unit per gross acre. The density for the Rural Ranch category is up to 1 dwelling unit per 2.5 gross acres or up to 1 dwelling unit per 2 net acres. The County Plan includes Goal 08.00.00, titled Public Facilities and Phased Growth, and Objective 08.01.00, which provide: GOAL 08.00.00 PHASE GROWTH CONSISTENT WITH THE PROVISION OF ADEQUATE REGIONAL AND COMMUNITY SERVICES AND FACILITIES. OBJECTIVE 08.01.00 COORDINATE FUTURE LAND USES WITH AVAILABLE REGIONAL AND COMMUNITY FACILITIES AND SERVICES Coordinate future land uses with the availability of regional and community facilities and services sufficient to meet the current and future needs of Broward County's population and economy without endangering its environmental resources. The following policies related to Goal 08.00.00 and Objective 08.01.00 are included in the County Plan: POLICY 08.01.04 In order to protect the health, safety, and welfare of Broward County's residents, development should not be permitted in those portions of Broward County with inadequate potable water and wastewater treatment facilities. . . . . POLICY 08.01.09 Private septic tanks and wells in Broward County should be phased out and replaced with centralized water and wastewater systems, where necessary, to protect the health, safety, and welfare of Broward County's residents. POLICY 08.01.10 Local government entities shall require existing development on septic tanks and private wells to hook up to centralized sewer and water facilities as they become available. The evidence failed to prove that the amendment which is the subject of this proceeding is inconsistent with the policies quoted in finding of fact 14 or any other goal, objective or policy of the County Plan. The Subject Amendment: PC-92-20. The Board of County Commissioners of the County adopted Ordinance 92- 50 on December 9, 1992. Ordinance 92-50 included nineteen amendments to the County Plan, including amendment PC-92-20. PC-92-20 (hereinafter referred to as the "Challenged Amendment"), is the amendment to the County Plan challenged in this proceeding by Ms. Edn. The Challenged Amendment amends the land use designation of approximately 2,453 acres of land. Of the 2,453 total acres, the designation of 2,272 acres is changed from Estate (1) Residential to Rural Ranch and the designation of the remaining 180.7 acres of land is changed to Rural Estate. Pursuant to the Challenged Amendment the change in designation also results in a change in density from one dwelling unit per acre to a density of one dwelling unit per two and one-half acres for the Rural Ranch and a density of one dwelling unit per two net acres for the Rural Estate. The Subject Property. The 2,453 acres of land which are the subject of the Challenged Amendment are located in the unincorporated area of the County, east of Southwest 148th Avenue, south of Griffin Road, west of Flamingo Road and north of Sheridan Street. Dwellings currently exist on approximately 85 percent to 90 percent of the subject property. Existing dwellings are served by septic tanks and wells. Pursuant to the County Plan, without the Challenged Amendment, the 10 percent to 15 percent of the subject property not yet developed may be developed at a higher density using septic tanks and individual wells. The subject property is not currently serviced by a sewer service provider or a water service provider. The County Plan recognizes and accepts the foregoing existing conditions. See Map 12-1 of the County Plan Map Series titled "Existing and Proposed Sanitary Sewer Service Area", and Map 14-1 of the County Plan Map Series, titled "Existing and Proposed Potable Water Service Area." The Challenged Amendment does not modify the existing conditions of the subject property except to decrease the density of development allowed on the property. The subject property is not located within a public wellfield zone of influence. See County Plan Land Use Plan Natural Resource Map Series, titled "Existing and Planned Waterwells & Zones of Influence." The Department's Review of the Challenged Amendment. The Department reviewed the Challenged Amendment as originated by the Act. After review of the Challenged Amendment, the Department raised no objections. As part of the Department's initial review of the Challenged Amendment pursuant to Section 163.3184(6), Florida Statutes (1992 Supp.), the Department considered comments of various entities, including the Florida Department of Environmental Protection, the South Florida Regional Planning Council, the South Florida Water Management District and others concerning the Challenged Amendment. Some of those comments were critical. The critical comments concerning the Challenged Amendment pertain to the use of wells for potable water and the use of septic tanks in the effected area. Those concerns were considered by the Department and ultimately determined to be insufficient to find the Challenged Amendment not "in compliance." The Department's conclusion was based, in part, upon the fact that the Challenged Amendment will reduce the demand on sewer by 477,400 gallons per day and the demand on water by 380,800 gallons per day. The Department's conclusion was also based upon the fact that the majority of the area effected has already been built-out. Ms. Edn offered the critical comments of various governmental entities who provided comments to the Department pursuant to Section 163.3184, Florida Statutes (1992 Supp.), into evidence. Evidently, Ms. Edn believes that those comments were not adequately considered by the Department or that they prove that the Challenged Amendment is not "in compliance." The evidence failed to prove either suggestion. The evidence failed to prove that the Department's consideration of critical comments about the Challenged Amendment was not adequate or that the Department's conclusions concerning those comments were not reasonable and proper. On the contrary, the evidence proved that the Department did consider all comments and decided that the Challenged Amendment was "in compliance" despite the critical comments. The evidence also proved that the Department's rationale for still finding the Challenged Amendment in compliance was reasonable. Additionally, Ms. Edn failed to present evidence to support a finding that the entities that made critical comments concerning the Challenged Amendment during the initial review of the Challenged Amendment still believe those comments are valid. Therefore, the evidence failed to prove that the critical comments concerning the Challenged Amendment were still valid as of the date of the final hearing of this matter. Data and Analysis-Sewer and Potable Water Services. The evidence failed to prove that the County did not provide data and analysis concerning the impact of the Challenged Amendment on sewer and potable water services. Facility and service capacity data and analyses concerning the impact of the Challenged Amendment on the availability of, and the demand for, sewer and potable water services was provided to the Department by the County. Based upon the data and analysis provided, the Challenged Amendment will tend to reduce the demand on sewer and potable water services. The evidence failed to prove that the data and analysis provided was inadequate. Data and Analysis-Soil Suitability. The evidence failed to prove that the County did not provide data and analysis concerning soil suitability. The County submitted data and analysis concerning the impact of the Challenged Amendment on soil and natural resources, including waterwells and zones of influence, to the Department. The County concluded that the Challenged Amendment would preserve the natural function of soils in the area and Ms. Edn failed to prove the inaccuracy of the County's conclusion. See the County Land Use Plan Natural Resource Map Services titled "Soils." Data and Analysis-Wellfield Protection. The evidence failed to prove that the County did not provide data and analysis concerning the impact of the Challenged Amendment on wellfield protection. The County relied upon the County Land Use Plan natural Resource Map Series titled "Existing and Planned Waterwells and Zones of Influence" and concluded that the area impacted by the Challenged Amendment is not located within a public wellfield zone of influence. The evidence failed to prove the inaccuracy of the County's conclusion. Data and Analysis-Biscayne Aquifer. The evidence failed to prove that the County did not provide data and analysis concerning the impact of the Challenged Amendment on the Biscayne Aquifer. The South Florida Water Management District has not designated the area of the County impacted by the Challenged Amendment to be a "prime groundwater recharge area" for the Biscayne Aquifer. Proliferation of Urban Sprawl. Pursuant to Section 163.3177(6)(a), Florida Statutes, (1992 Supp.) and Rule 9J-5.006(3)(b)7, Florida Administrative Code, comprehensive plans are required to discourage the proliferation of "urban sprawl". The Department has provided a definition of "urban sprawl" in a November 1989 Technical Memorandum: . . . scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental and natural resource protection. Urban sprawl typically manifests itself in one or more of the following patterns: (1) leapfrog development; (2) ribbon or strip development; and (3) large expanses of low-density single- dimensional development. The evidence failed to prove that the foregoing definition or any other pronouncement in the Technical Memorandum constitutes policy of the Department. The evidence also failed to prove that the reduced densities allowed by the Challenged Amendment constitute "urban sprawl." The State Comprehensive Plan. The State Comprehensive Plan is contained in Chapter 187, Florida Statutes. Goals and Policies of the State Comprehensive Plan are contained in Section 187.201, Florida Statutes. The evidence failed to prove that the Challenged Amendment is inconsistent with any provision of the State Comprehensive Plan. The Regional Comprehensive Policy Plan. The South Florida Planning Council has adopted the Regional Plan for South Florida (hereinafter referred to as the "Regional Plan"). The Regional Plan was adopted pursuant to Chapter 186, Florida Statutes, to provide regional planning objectives for the County, Dade County and Monroe County. In the petition filed in this case, Ms. Edn alleged that the Challenged Amendment is inconsistent with Goal 13.4.10 of the Regional Plan. Goal 13.4.10 of the Regional Plan provides the following: Within the study area of the Southwest Broward/Northwest Dade Subregional Study, any existing or new user of on-site disposal systems in Broward County and within the Dade County urban development boundary should be required to hook up to a centralized wastewater collection when available. The evidence failed to prove that centralized wastewater collection is "available" to require existing or new users of on-site disposal systems in the area of the Challenged Amendment to hook up to. The evidence failed to prove that the Challenged Amendment is inconsistent with the Regional Plan.
The Issue Have the Intervenors timely challenged the Hamilton County adoption of its comprehensive plan under the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes? If allowed to pursue their challenge, what is their burden of proof? Is it pursuant to Section 163.3184(9), Florida Statutes, (1991), the "fairly debatable" standard? Is it pursuant to Section 163.3184(10), Florida Statutes, (1991) the "preponderance" standard? Did Hamilton County (the County) fail to adopt its comprehensive plan within sixty (60) days from the receipt of written comments from the Department of Community Affairs (DCA) as required by Section 163.3184(7), Florida Statutes (1991)? If it did, was that failure jurisdictional thereby voiding the adoption process? Within the adopted plan, is Policy V.2.13 requiring special permits for hazardous and bio-medical waste treatment facilities and for their placement in areas designated agricultural and located with the rural area of Hamilton County, consistent with plan adoption requirements set forth in Chapter 163, Florida Statutes, (1991), Chapter 9J-5, Florida Administrative Code, the State Comprehensive Plan set forth in Chapter 187, Florida Statutes (1991) and the North Central Florida Regional Policy Plan? Within the adopted plan is Policy 1.15.1 prohibiting the disposal of medical, bio-hazardous, hazardous or solid waste by incineration or by other methods which produce air pollution, other than by facilities permitted, legally sited and operated as of July 23, 1991, consistent with plan adoption requirements set forth in Chapter 163, Florida Statutes (1991), Chapter 9J-5, Florida Administrative Code, the State Comprehensive Plan as set forth in Chapter 187, Florida Statutes, and the North Central Regional Policy Plan? More particularly must these policies meet and do they meet the requirements for surveys, studies and data set forth in Section 163.3177(6)(a),(8) and (10)(e), Florida Statutes (1991) and Rule 9J-5.005(2), Florida Administrative Code?
Findings Of Fact In December, 1990, Hamilton County prepared a proposed comprehensive plan. That proposal was submitted to the Department in accordance with Section 163.3184(3)(a), Florida Statutes. Within the Conservation Element of the proposed plan the County included Policy V.2.13, which stated: The County shall only allow hazardous and bio-medical waste treatment facilities as special permits within areas designated agricultural and located within the rural area of the County. Further, the County's land development regulations shall include conditions for such approval of a hazardous and bio-medical waste treatment facility as a special permit regarding the location, site design, buffer requirements, access to principal arterials and major intersections, requirements for appropriate public facilities, and require- ments which consider wind currents in relationship to population centers, which will direct any incinerated materials or noxious odors from these population centers. In no case shall a hazardous or bio-medical waste treatment facility be located within an Environmentally Sensitive Area as designated within this Comprehensive Plan. Policy V.2.13 was associated with Objective V.2 which states: The County shall include within the land development regulations, by 1992, provisions for the conservation, appropriate use and protection of the quality and quantity of current and projected water sources, water recharge areas and potable water wells. There was no specific data and analysis in the proposed plan directed to Policy V.2.13. Other policies associated with Objective V.2 addressed water issues. In the data and analysis which the County submitted to DCA with its proposed comprehensive plan the County did identify known pollution problems. This included a reference to point discharges for wastewater, non-point sources of water pollution, point air pollution sources and non-point sources of air pollution. None of the known activities were associated with hazardous and bio- medical waste treatment facilities. The data and analysis associated with the Conversation Element in the proposed plan also identified watersheds, wetlands, lakes, flood prone areas, and current water sources. The data and analysis further discussed the circumstances related to watersheds, wetlands, rivers, lakes, flood prone areas and air quality as the County perceived the existing conditions for those topics. Finally, the data and analysis spoke to the issue of projected water needs. No mention was made concerning how the aforementioned data and analysis would be considered in granting special permits for hazardous and bio-medical waste treatment facilities. On April 14, 1991, DCA transmitted its comments to the County concerning the proposed comprehensive plan and supporting data and analysis, together with its objections and recommendations for modifications to the proposed comprehensive plan. This activity was in accordance with Section 163.3184(6), Florida Statutes. The report that was transmitted is known as the "ORC" Report. The County received the ORC Report on April 22, 1991. The ORC Report made a number of objections to the objectives and policies set forth in the Conservation Element to the proposed comprehensive plan and recommendations for modifications to the same. The ORC Report specifically objected to Policy V.2.13 wherein the DCA stated: Policy V.2.13 does not describe the 'special permits' concerning hazardous and bio-medical waste treatment facilities within agricultural areas, does not define the extent of the buffers, and does not prohibit these facilities in conser- vation areas. The general recommendation to improve Policy V.2.13, among policies found within the Conservation Element, was to this effect: Provide data and analysis to support the above- referenced policies. Revise the policies to identify the specific implementation programs or activities that will be undertaken by the County to achieve the goal and objectives with which the policies are associated. Eliminate or define all conditional and vague language. Revise the Future Land Use Map to support the revised policies. The County then held two public hearings related to the adoption of a comprehensive plan. See Section 163.3184(15), Florida Statutes (1991). The first public hearing was held on June 18, 1991. At that time no decision was reached to adopt a comprehensive plan. The public hearing was adjourned. On July 23, 1991, the County reconvened the public hearing related to the comprehensive plan adoption. Following the second public hearing associated with the plan adoption, the County in the person of its Board of County Commissioners who had conducted the public hearings, adopted a comprehensive plan for Hamilton County. The adopted comprehensive plan was transmitted to DCA on July 30, 1991. The transmittal letter supporting the adopted comprehensive plan noted that the comprehensive plan was adopted on July 23, 1991. The transmittal letter pointed out the changes to the adopted comprehensive plan which were not reviewed by DCA when DCA considered the proposed comprehensive plan. As with the proposed comprehensive plan, the County submitted data and analysis with the adopted comprehensive plan pointing out the data and analysis accompanying the adopted comprehensive plan which had not been reviewed by the DCA when it considered data and analysis supporting the proposed comprehensive plan. Within the conservation element to the adopted comprehensive plan Objective V.2 remained as set forth in the proposed comprehensive plan. Certain policies associated with Objective V.2 had changed. However, Objective V.2. and its associated policies set forth in the adopted comprehensive plan continued to address water issues. In particular, Policy V.2.13 did not change with the plan adoption. Additional data and analysis submitted by the County supporting the Conservation Element to the adopted comprehensive plan deleted the Suwannee River State Park as a conservation area. Specific references were made to Jumping Gully Creek, Swift Creek, Hunter Creek and the Withlacoochee River and activities associated with those water bodies. However, as with the proposed plan it was not explained how the County intended to use the original and additional data and analysis in deciding special permit issues for hazardous and bio-medical waste treatment facilities. When the County adopted its comprehensive plan it added an objective and a policy that had not been included with the proposed comprehensive plan in the category of objectives and policies for both urban development areas and rural areas in the Future Land Use Element. New Objective I.15 stated: Residential areas shall be protected from uses which cause or result in greater than average noise, hazards or odors. The associated Policy I.15.1 stated: No medical, bio-hazardous, hazardous, or solid waste shall be disposed of by incineration or by any other method which produces air pollution emissions subject to permitting by the Department of Environmental Regulation within Hamilton County, unless the use or facility was permitted and otherwise legally sited and operated as of July 23, 1991. The supporting data and analysis which the County provided the Department with the adopted comprehensive plan did not address Objective I.15 nor Policy I.15.1, with the exception that residential land use projections are described. The adopted plan provided specific information concerning future residential land use. That description was supported by a residential land use need methodology and analysis of future residential land use needed. As with the proposed plan, the adopted plan included a reference to industrial land use within the Future Land Use Element. In both the proposed plan and the adopted plan in Policy 1.3.1 it was stated: Lands classified as industrial consist of areas used for the manufacturing, assembly processing or storage of products. Industrial development may be approved in areas of the County not designated industrial on the Future Land Use Plan upon submission and approval of a development plan which shall include at the least: an industrial site plan; traffic plan; and traffic impact studies; provisions for the construction and maintenance of a wastewater treatment system meeting requirements of the State of Florida for that use; and a submission of a Future Land Use Plan Map amendment to Industrial classification. Industrial uses shall be limited to an intensity of less than or equal to 1.0 floor area ratio. The data and analysis associated with industrial land use which had been provided with the proposed comprehensive plan remained consistent with the adopted comprehensive plan when describing the methodology for identifying projected industrial land use. The comments in the data and analysis supporting the proposed and adopted plans indicated: Projecting the need for additional acreage for industrial use cannot be approached using a methodology similar to those used for residential and commercial Future Land Use needs. This is due to the fact that there is no direct relationship between population and industrial location. The additional future acreages for industrial location are anticipated to occur on a site specific basis as needed at the time industrial activities are proposed. Within the adopted comprehensive plan, Future Land Use Element related to urban development areas and rural areas is found the general industrial land use classification. The general industrial land use designations are located in the central area of the county to the southwest of the City of Jasper along County Road 249. There is an additional limited industrial land use classification within the urban development area and rural area category. It identifies industrial opportunities at interchanges on Interstate 75. At these interchanges, upon submission of a site plan that comports with development standards, with due regard for safety and adequate access, light industrial development is allowed which does not require an air emission permit from the State of Florida. Industrial land use designations as well as other land use designations were based upon an analysis of the amount and character of undeveloped land in the county, reliable population projections and growth patterns anticipated for the area, together with the availability of the public services to accommodate the projected population. The adopted comprehensive plan includes a Future Land Use Map and Map Series found within the Future Land Use Element of the adopted plan which depicts industrial land use. Intervenors' property carries a general industrial classification in the future land use designation in the adopted plan. Intervenors' property is not located on the Interstate 75 corridor and therefore would not be considered for this special industrial land use classification. The North Central Florida Regional Planning Council (the Council) assisted the County in preparing its proposed and adopted plans. The Council staff were engaged in that process as early as 1986. From that point forward the Council staff conducted field surveys relating to land use, compiled data from existing data sources and reviewed population projections and growth patterns in Hamilton County. The Council staff compiled information concerning public facilities, recreational and solid waste facilities, information relating to physical capacity for those facilities and information concerning the financing of capital projects. In anticipation of the requirements set forth in Section 163.3177(6)(a), Florida Statutes, the Council staff conducted field surveys of existing land use to determine the character of undeveloped land in the county. The staff reviewed the population projections of the University of Florida Bureau of Business and Economic Research. These activities were designed to assist the County in analyzing the amount of land necessary to accommodate projected growth and the availability of public services. The Council staff was responsible for preparing the proposed plan statement related to goals, objectives, and policies. The staff also prepared the Future Land Use Plan Map. The documents prepared by the Council staff were subject to review and workshops were held to consider those matters. Modifications were brought about through public comments presented at the workshops. The Council staff prepared an evaluation, appraisal and review report to examine the success of previously adopted comprehensive plans. Following the conduct of workshops the public sessions for plan adoption were held on June 18, and July 23, 1991. As representative for the County, the Council staff invited the Department to send representatives to attend the public hearing sessions. The Department was represented at those sessions. In the public hearings related to the plan adoption, there was considerable public testimony expressing concern about health and environmental impacts involved with the incineration of bio-medical waste. In particular, remarks were made about air emissions of mercury and dioxins and the disposal of ash residue from the incineration process. Documents were also presented by members of the public who opposed waste incineration. One document was from the United States Environmental Protection Agency, entitled Seminar-Medical and Institutional Waste Incineration: Regulations, Management, Technology, Emissions and Operations. Another document was entitled Hazardous Waste News #82, June 20, 1988, identified as a weekly news and resource for citizens fighting toxins. A third document was entitled "Facts" related to definitions within Section 403.703, Florida Statutes and observations from the author of this document concerning Intervenors intended operations of a bio-medical incineration facility in Hamilton County. Finally, there was a document from the Hamilton County School Board calling for a buffer zone between any school in the county and facilities which incinerated or otherwise disposed of substances through incineration or other disposal means which would create air emissions from the destruction of solid waste, hazardous substances, bio-hazardous waste and biological waste as defined within Section 403.703, Florida Statutes. The Hamilton County School Board also expressed a desire to completely prohibit the incineration or other disposal of those substances which were generated outside Hamilton County. The EPA document spoke in terms of the emissions from incinerators as being particulate and gaseous emissions. The particulate emissions being constituted of char and soot and minerals in the form of metals, silicates and salts. The gaseous emissions referred to in the EPA document were constituted of combustible emissions such as hydrocarbons, carbon monoxide, PCDD and PCDF and noncombustible emissions, such as nitrogen oxides, HCLs, hazardous compounds such as POHCs, products of incomplete combustion such as dioxins, and uncondensed volatile metals in excess air. Dr. Ralph Dougherty, an expert in environmental mass spectrometry, analytical chemistry and the chemistry of waste incineration, provided expert testimony concerning the significance of some of the information provided to the County in its public sessions. This testimony was presented at the administrative hearing. Dr. Dougherty did not attend the public hearing associated with the plan adoption. Dr. Dougherty in addressing the waste stream that is created by bio- medical waste described how the incineration process in destroying polyvinyl chloride, PVC plastic, saran wrap and neoprene converted those materials to chlorinated organics such as dioxin. As Dr. Dougherty established, dioxins are very hazardous substances. Kenneth Krantz appeared for the Intervenors at the public sessions for the plan adoption. At that time Basic Energy Corporation was known as TSI Southeast, Inc. (TSI). He provided written information to the county commissioners concerning the TSI bio-medical waste disposal business intended to be located in Hamilton County. TSI took no issue with Objective I.15 which was adopted on July 23, 1991. Intervenors proposed different text for policy I.15.1 and requested adoption of two additional policies I.15.2 and I.15.3 which would place some restrictions on solid waste disposal but would allow an opportunity for operating the TSI facility in the county. Information provided by Krantz in the public sessions indicated that TSI intended to operate a business to incinerate solid, bio-medical and solid municipal waste, together with a waste recycling area, Pelletizer area and turbine-generator area. Krantz addressed the county commissioners concerning county building permit information about the facility, permitting by the St. Johns River Water Management District and the State of Florida, Department of Environmental Regulation. Information was provided concerning square footage for buildings within the overall TSI facility. Information was provided by TSI concerning the intended pollution control systems as being constituted of fabric filters and dry-lime injection systems, together with a detailed description of pending permit applications before the Department of Environmental Regulation for additional incineration units. Information provided by TSI addressed the expected constituents of the air emissions to include carbon monoxide, volatile organic compounds, nitrogen oxides, organics such as dioxide, sulphur dioxide, hydrogen chloride and particulate matter. A site location map and schematic showing the flow within the waste stream was also provided. TSI also provided information at the public sessions about the Intervenors anticipated emissions rates for two previously permitted units and the third and fourth units that were being considered by the Department of Environmental Regulation. This data about emission rates included a comprehensive listing of anticipated emissions by pollutant type to include projected measurements of omissions for units one and two which would deal with medical waste combustion and units three and four which would deal with medical waste combustion and possibly refuse-derived fuel (RDF). As commented on by members of the public who appeared at the public sessions for adopting the plan, information provided by the Intervenors verified that significant amounts of pollutants would be discharged into the air through Intervenors' operations. TSI provided information concerning the modeling that was done to measure concentration levels for the expected pollutants. Information was provided concerning the incineration process and the manner in which calculations were made concerning expected emissions levels. Information was provided concerning anticipated annual and short term emission rates for the four units intended to be operated by the TSI. The technical information about the intended TSI facility was through documents that appeared to be from an engineering consulting firm. All information provided in the public sessions that has been described was properly available to the county commissioners when adopting the plan. The information provided at the public sessions which has been described was not presented to the Department with the adopted plan. As stated, on July 30, 1991, the County submitted its plan to the Department to determine if the adopted plan was in compliance with the requirements of law. See Section 163.3184(8), Florida Statutes (1991). On September 12, 1991, DCA issued a notice of intent to find the adopted plan, not "in compliance". See Section 163.3184(10), Florida Statutes (1991). Pursuant to that provision, DCA filed a petition with the Division of Administrative Hearings setting forth the reasons for its decision to find the adopted plan not "in compliance". That petition was filed on September 23, 1991. The DCA took no issue with Policies I.15.1 and V.2.13. On February 20, 1992, Intervenors petitioned to intervene in the not "in compliance" case. As identified in the statement of issues, the Intervenors were and continue to be opposed to the adoption of Policies I.15.1 and V.2.13. On March 17, 1992, an order was entered which granted the Intervenors leave to intervene. Intervenors own property in Hamilton County. As contemplated by Section 163.3184(16), Florida Statutes (1993), DCA and the County engaged in settlement discussions. This culminated in a stipulated settlement agreement executed by DCA and County on November 24, 1993. The stipulated settlement agreement is referred to in the statute as a compliance agreement. Intervenors did not join in the settlement. On January 18, 1994, the County adopted the remedial amendments, referred to in the statute as plan amendments pursuant to a compliance agreement called for by the compliance agreement. The remedial plan amendments were submitted to the Department for consideration. On March 10, 1994, DCA issued a cumulative notice of intent addressing the compliance agreement amendments and the plan. DCA gave notice that it attended to find the plan and remedial comprehensive plan amendments/compliance agreement amendments "in compliance" with Sections 163.3184 and 163.3187, Florida Statutes. Notwithstanding that the Intervenors did not submit further pleadings within 21 days of the publication of the cumulative notice of intent, the Intervenors were allowed to proceed with their challenge to the plan that was not the subject of the compliance agreement leading to the compliance agreement amendments.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That a final order be entered finding the Hamilton County comprehensive plan to be "in compliance" with the exception that Policy V.2.13 is only "in compliance" in its latter sentence, the remaining language in Policy V.2.13 is not "in compliance". DONE and ENTERED this 21st day of April, 1995, 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 21st day of April, 1995. APPENDIX "A" CASE NO. 91-6038GM The following discussion is given concerning the proposed fact finding by the parties: Intervenors' Facts: Paragraph 1 is subordinate to facts found. The first sentence to Paragraph 2 is contrary to facts found. The remaining sentence is subordinate to facts found. Paragraph 3 is rejected in its suggestion that there is a perpetual ban on bio-hazardous waste incineration. It is otherwise not necessary to the resolution of the dispute. Intervenors' Facts: Paragraphs 1 through 7 are subordinate to facts found. Paragraph 8 is not relevant. Paragraphs 9 through 12 are subordinate to facts found. Paragraph 13 is not necessary to the resolution of the dispute. Paragraph 14 is subordinate to facts found with the exception that the date of adoption was January 18, 1994. Paragraphs 15 through 22 are subordinate to facts found. Paragraph 23 is not relevant. Paragraph 24 is subordinate to facts found. Paragraph 25 constitutes legal argument. Paragraph 26 is subordinate to facts found. Paragraphs 27 through 31 are not necessary to the resolution of the dispute. Paragraphs 32 through 38 are subordinate to facts found. Paragraphs 39 and 40 are not necessary to the resolution of the dispute. Paragraph 41 is rejected to the extent that it is suggested that it constitutes agency policy. Paragraphs 42 through the first phrase in 49 are subordinate to facts found. The latter phrase in Paragraph 49 is not necessary to the resolution of the dispute. Paragraphs 50 through 58 are subordinate to facts found. Paragraph 59 constitutes legal argument. Paragraphs 60 through 75 are subordinate to facts found. Paragraphs 76 through 82 are rejected as not constituting allowable analysis of data presented in support of the plan adoption. Paragraphs 83 and 84 are not necessary to the resolution of the dispute. Paragraph 85 is subordinate to facts found. Paragraph 86 is not necessary to the resolution of the dispute. Paragraphs 87 through 91 are rejected to the extent that it is suggested that some lesser standard is involved with consideration of data for optional plan elements as opposed to mandatory plan elements. See Section 163.3184(8), Florida Statutes (1991) and Section 120.57(1)(b)15, Florida Statutes (1993). Paragraph 92 is acknowledged but did not form the basis for fact finding in the recommended order. Paragraph 93 is rejected as intended to interpret Policy I.15.1 as an absolute prohibition against waste incineration in the County. Paragraph 94 constitutes legal argument. Paragraphs 95 through 102 are not relevant. Paragraphs 103 through 105 are not necessary to the resolution of the dispute. Paragraphs 106 through 108 are subordinate to facts found with the exception of the rejection of Policy V.2.13 in part. COPIES FURNISHED: David L. Jordan, Esquire Terrell L. Arline, Esquire Suzanne Schmith, Certified Legal Intern Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 John H. McCormick, Esquire Post Office Box O Jasper, FL 32052 William L. Hyde, Esquire Gunster, Yoakley, Valdes-Fauli and Stewart, P.A. 515 North Adams Street Tallahassee, FL 32301 Donald J. Schutz, Esquire Suite 415 535 Central Avenue St. Petersburg, FL 33701 Linda L. Shelley, Secretary Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 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
