The Honorable Matthew D. Deboer, Chairman

STATE OF FLORIDA D E P A R T M E N T O F C O M M U N I T Y A F F A I R S ”Dedicated to making Florida a better place to call home”

JEB BUSH THADDEUS L. COHEN, AIA Governor Secretary

December 17, 2004

The Honorable Matthew D. DeBoer, Chairman Charlotte County Board of County Commissioners 18500 Murdock Circle Port Charlotte, Florida 33948-1094

Dear Chairman DeBoer:

The Department has reviewed the proposed comprehensive plan amendment for Charlotte County (DCA No.05-1). Based on Chapter 163, Part II, Florida Statutes, Rule 9J-5, Florida Administrative Code, and the adopted Charlotte County Comprehensive Plan, we have prepared the attached report that outlines our findings concerning the amendment.

Charlotte County is proposing six Future Land Use Map amendments, and three text amendments to the Future Land Use Element. The County’s proposed amendments include policies to implement a new mixed-use land use category, promote redevelopment of areas within the Urban Service Area, align the underling zoning with the comprehensive plan, and designate approximately 900 acres to Preservation and Resource Preservation. The Department is in agreement with most of these changes. However, we have concerns with two of the amendments because of potential impacts on coastal high hazard areas, impacts on habitat, and public facilities.

Within the next 60 days, the County should act by choosing to adopt, adopt with changes or not adopt the proposed amendments. We have also included a copy of local,

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CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 The Honorable Matthew D. DeBoer, Chairman December 17,2004 Page 2 of 8 regional and state agency comments for your consideration. For your assistance, our report outlines procedures for the final adoption and transmittal.

The Department’s staff is available to assist the County in responding to the report. If you have any questions, please contact Thomas J. Tumminia, Community Planner, Division of Community Planning. Mr. Tumminia can be reached at (850) 922-1824.

Sincerely yours,

Charles Gauthier, AICP Chief of Comprehensive Planning

CG/tjt Enclosures: Review Agency Comments cc: Mr. Thomas Cookingham, AICP, Director of Community Development Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council DEPARTMENT OF COMMUNITY AFFAIRS

OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT CHARLOTTE COUNTY COMPREHENSIVE PLAN AMENDMENT 05-1

December 17, 2004 Division of Community Planning This report is prepared pursuant to Rule 9J-11.010, F.A.C. INTRODUCTION

The following objections, recommendations and comments are based upon the Department’s review of Charlotte County’s proposed Comprehensive Plan amendment, pursuant to Section 163.3184, Florida Statutes (F.S.).

The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. The objections include a recommendation of an approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department’s objection and the external agency advisory objection or comment, the Department’s objection would take precedence.

The County should address each of these objections when the plan is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items that the County considers not applicable to its amendment. If that is the case, a statement, justifying its non-applicability, pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed.

The comments that follow the objections and recommendations are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension.

Appended to the back of the Department’s report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. TRANSMITTAL PROCEDURES

Upon receipt of this letter, Charlotte County has 60 days in which to adopt, adopt with changes, or determine not to adopt the proposed comprehensive plan amendment. The process for adoption of local comprehensive plan is outlined in Section 163.3184, F.S., and Rule 9J-11.011, F.A.C.

Within ten working days of the date of adoption, the County must submit the following to the Department:

Three copies of the adopted comprehensive plan amendment;

A copy of the adoption ordinance;

A listing of additional changes not previously reviewed;

A listing of findings by the local governing body, if any, which were not included in the ordinance; and,

A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report.

The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent.

In order to expedite the regional planning council's review of the plan, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted plan directly to the Executive Director of the Southwest Florida Regional Planning Council.

Please be advised that the Florida Legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted amendment. As discussed in our letter sent to you on May 25, 2001, outlining the changes to Section 163.3184(8)(b), F.S., which were effective July 1, 2001, and providing a model sign-in information sheet, please provide these required names and addresses to the Department when you transmit your adopted plan for compliance review. For efficiency, we encourage that the information sheet be provided in electronic format. OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN AMENDMENT 05-1

CHARLOTTE COUNTY

CONSISTENCY WITH RULE 9J-5, FAC., CHAPTER 163, F.S. & CHARLOTTE COUNTY’S COMPREHENSIVE PLAN

Introduction: The Charlotte County proposed amendment consists of three text changes to the Future Land Use Element (FLUE), and six Future Land Use Map (FLUM) amendments. The Department has identified objections to the proposed amendment Petition No. PA-04- 05-16-LS because it could increase residential development in the Coastal High Hazard Area, and the site appears to be unsuitable for the proposed development with the amount of habitat and species present. In addition, the proposed development allowed by the amendment would have a negative impact to hurricane clearance times. Lastly, the Department has identified an objection regarding the lack of supporting data and analysis demonstrating the ability of the County to provide water and wastewater facilities for amendment PA-04-05-20-LS and has included a comment concerning the adopted level of service for the stretch of US 41 associated with this amendment.

I. OBJECTIONS

Amendment PA-04-05-16-LS:

Objection 1: The 17.18-acre portion of the 55.48-acre parcel is in the Coastal High Hazard Area (CHHA) and also the 100-year Floodplain. The proposed Future Land Use Map (FLUM) designation of Agriculture, coupled with the extension of the Suburban Area of the Urban Service Area, will increase residential development in the CHHA. Further, the proposed development will also negatively impact hurricane evacuation time and contribute to diminishing clearance times for the neighboring concentrations of residents that may have to evacuate in response to an approaching tropical storm. In addition, the amendment is inconsistent with Charlotte County’s Natural Resource and Coastal Planning Element Objective 1.20, that directs population away from the CHHA area, and Policy 1.20.4, that limits maximum residential development in the CHHA to those densities depicted on the FLUM as part of this Comprehensive Plan. Additionally, the area does not have public facilities such as water and sewer and roads. The amendment has indicated that potable water and sanitary sewer facilities will be supplied by Charlotte County Utilities, which is inconsistent with Objective 1.19, which limits additional public investment in the CHHA

The proposed FLUM designation of Low Density Residential on the 38.3-acre portion of the 55.48-acre parcel would add approximately 192 dwelling units. The potential development will contribute to the degradation of the hurricane evacuation time on CR 765, which is reported to be deficient at this time. [Rules 9J-5.005(3)(b), 9J-5.005(5)(a), 9J-5.012(3)(b) 5, 6 & 7., Florida Administrative Code, Chapters 163.3177(2), 163.3177(6)(g) 8., 163.3178(2)(d), 163.3187(2), F.S., and Charlotte County ‘s Natural Resource and Coastal Planning Element Objective 1.20, and Policy 1.20.4, & Objective 1.19]

Recommendation 1: The County should revise the amendment to not extend the Suburban Area of the Urban Service Area to cover Section 1. Further, the County should provide the Department with the data and analysis that would indicate what improvements will be undertaken to maintain or reduce clearance times for hurricane evacuation and how the increased residential development will be safely evacuated during a hurricane.

Objection 2: The Environmental Assessment Report indicates that portions of the entire parcel contain known native habitat and the presence of many species including: gopher tortoises, a bald eagle nest on the southern portion of the parcel and the scrub oak habitat utilized by scrub jays. In addition the potential development would occur on a parcel that contains upland areas that includes rare and unique Live Oak hammock and Live Oak scrubby habitat. County Objective 1.10 that requires the designating of environmentally sensitive areas, including wetlands and floodplains, with an appropriate FLUM designation that would offer protection to the habitat areas. In addition, the Department of Environmental Protection has expressed a concern that the amendment could deteriorate the water quality of the mangrove swamps and salt marshes along Charlotte Harbor The amount of wildlife habitat and the proximity of the parcel to Charlotte Harbor make portions of the parcel unsuitable for the intense development that could occur. [Chapters 163.3177(6)(a), 163.3177(6)(d), 163.3177(8), F.S., Rules 9J-5.005(2), 9J- 5.006(4), 9J-5.013(2), 9J-5.012(3), F.A.C., & Charlotte County Objective 1.10, Natural Resource and Coastal Planning Element]

Recommendation: The County should select future land uses, which are compatible with the protection and conservation of wetlands, native habitat and listed species and insure that development is directed away from the wetlands and habitat. This would result in development that would be guided by County Objective 1.10 that requires the designating of environmentally sensitive areas, including wetlands and floodplains, with an appropriate FLUM designation that would offer protection to the habitat areas.

Amendment PA-04-05-20-LS is a request to change a 363.75-acre parcel, currently designated Agriculture (1du/ac), to Commercial Center for 13.92 acres and Low Density Residential (5du/ac) for 349.83 acres. The site is located on the northeast corner of US 41 And Tucker Grade in the Punta Gorda area of Charlotte County. The data and analysis used for determining public facilities (water and sewer) demand are based on the Agricultural Estates (1du/ac) zoning designation, rather, than the proposed Low Density Residential (5du/ac) FLUM designation. This results in underestimating the public facilities demand that would be created by the maximum potential development allowed by the amendment. Thus, the amendment is not supported by appropriate data and analysis. [Rules 9J-5.005(2) through (6), 9J-5.0055, 9J-5.006(2)(a), (3)(b) 1 and (c) 3, 9J- 5.011(1)(f), (2)(b) 1, 2 and (2)(c) 1 and 2, 9J-5.013(1)(c), and 9J-5.016(1), (2), (3)(b) 1, 3, 4, 5, (c) 1, 5, 6, 7, 8 and (4), F.A.C., and Sections 163.3177(6)(a), (c), and (d), F.S.] Recommendation: Revise the amendment to provide supporting by data and analysis of the demand for water and sanitary sewer public facilities based on the maximum potential development allowed by the proposed designation of Low Density Residential rather than the Agricultural Estates zoning.

II. COMMENT

The transportation analysis for Amendment PA-04-05-20-LS indicated that the potential development will degraded a segment of US 41 from Tuckers Grade to Burnt Store Road from a current operating level of service (LOS) C to a LOS D by 2010. The County also submitted in support of the amendment a provision from the Florida Department of Transportation (F-DOT) for urbanized area under 500,000 population. This level of service provision allows the minimum LOS standard for a multilane state road as LOS D. The County should update the Transportation Element by adopting an appropriate level of service standard for the stretch of US 41 from Burnt Store Road to Tucker Grade that would reflect current long-range transportation plans after coordinating with the F- DOT and the Charlotte County- Punta Gorda MPO

III. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN

The Department staff has identified potential inconsistency between this amendment and the State Comprehensive Plan:

Public Safety Goal (6)(a) and Policies (b) 22 and 23, regarding the protection of property and human lives from the effects of natural disasters; and,

Natural Systems and Recreational Lands Goal (9) (a) and Policy (b) regarding the protection and preservation of habitat and the species that rely upon the habitat; and,

Land Use Goal (15) (a) regarding the importance of preserving natural resources; and,

Public Facilities Goal (17) (a) and Policy (b) 3, regarding the allocation of new public facilities on the basis of the benefit received by existing and future residents; and,

Plan Implementation Goal (25) (a) and Policy (b) 7, regarding the implementation of local plans that accurately reflect state goals and policies.

Recommendation: Revise the proposed amendments, as indicated in the objections and recommendations of this report, in order to be consistent with the above goals and policies of the State Comprehensive Plan.