Land Use
Babcock Ranch Preserve Management Plan, July 26, 2008
February 2007 SCCF Member Update: In January the Lee County Commission voted 3-2 to take no action on a request by the developer for creation of an Independent Special District (ISD) for Babcock Ranch. The developer asked the County to approve an independent special district in order to secure bonds for funding the project. An Independent Special District is a way for a developer to pass along the costs of the project to the homeowners through a perpetual annual assessment. Local approval for a district is required before the legislature will create a special bill authorizing the district.
This request is unique in that unlike all other projects it seeks special treatment in creating the district first, before County comprehensive plan amendments and a Development of Regional Impact (DRI) review are approved. Major developments with significant impacts on surrounding roads and public works must get approval through the regional DRI process first, to ensure that the impacts are addressed.
The request presented to the Commissioners included language that the project was consistent with the comprehensive plan, which it is not. In fact, the proposed development in Lee County - which includes 1,630 dwelling units and 80,000 square feet of commercial on 4,157 acres - requires changes to the County Comprehensive Plan. As of this writing no comp plan changes have been reviewed or approved.
Letter re Babcock to Senators Saunders and Aronberg dated Apr. 26, 2007Fore more background information on Babcock Ranch
Cape Coral North Spreader Canal Ecosystem Management Agreement Process -- August 7, 2008 Meeting Draft ReportIn March 2008, SCCF joined several local and regional nonprofit organizations and two individuals to challenge an Amended Consent Order between the Dept. of Environmental Protection (DEP) and City of Cape Coral over the removal of a stormwater structure known as the Ceitus Boat Lift. The lift was required by the DEP in the 1970s to keep stormwater from exchanging between the extensive Cape Coral canal system -- created before permitting agencies existed -- and the natural waters of Matlacha Pass. A critical function of the structure was to prevent over drainage of ground water from Cape Coral and salt water intrusion into the extensive landscape that had been opened up by the canal network.
In photo, right, the lift is at the right of the photo and the blowout of the mangroves that allows boats to go around the lift is at the left.Over the years the system has not been maintained. Now, a there is a blowout around the boat lift structure as well as numerous other breeches. all of which compromise the operation of the system. The proposed Consent Order would require the removal of the structure within 90 days and then allow a stakeholder process to meet and develop alternatives over the next year. A similar situation in Charlotte County known as the Manchester Waterway took 10 years to resolve and is only now being rebuilt.
For more background information and links for more informationFor a Power Point presentation with background information For an overview of how the Cape Coral Canal system functions, follow this link to the City of Cape Coral web site:
http://www.capecoral.net/Government/PublicWorks/StormwaterandCanalmaintenance/tabid/692/Default.aspxChallenge Filed
Petition for Administrative Hearing filed on March 31, 2008 by SCCF and 11 Other OrganizationsFeb. 8, 2007 Consent Order No. 15 2006 Consent Order
Letter to Lee County Hearing Examiner Dated August 7, 2008
February 2007 SCCF Member Update: In November the Administrative Law Judge who heard our challenge of the South Florida Water Management District permit for Harbour Pointe recommended the permit be denied.
His Recommended Order was reviewed by the South Florida Water Management District Governing Board in December. The Board sent the case back to the judge asking him to reconsider his order, citing their opinion that he used the wrong standard in finding that the project failed to meet the Districts permit criteria.
In response, Judge Johnston has asked the applicant to modify their permit application to eliminate and minimize impacts and will review input from the applicant and District within 60 days. In addition to the Water Management permit, the project also requires permits from the Army Corps of Engineers and Lee County.
For more background information on Harbour Pointe
Link to July 2008 report "Prospects for Southeast Lee County" by Dover, Kohl & Partners:
http://www.lee-county.com/dcd/CommunityPlans/SELC_DRGR/FinalReport.htm Below are PDF's of Power Point presentations from local groups
Corkscrew Rural Community by Kevin Hill/Corkscrew Rural Community Planning CommitteeWood Storks and the DR/GR Landscape by Jason Lauritsen, Audubon of FloridaGeologic Maps of the State of Florida by Kirk Martin, CDM/MissimerAg Business in SW Florida: Present and Future by The Lutgert College of Business, FGCUFlorida's Gulf Citrus Production Region, by Ron Hamel, FGCUWildlife and Wildlife Habitats of the DR/GR by Jim Beever, SW Fl Regional Planning Council - Part 1: Intro to pg. 23Wildlife and Wildlife Habitats of the DR/GR - Part 2: Pages 24 - 48Wildlife and Wildlife Habitats of the DR/GR - Part 3: Pages 49 - 66Wildlife and Wildlife Habitats of the DR/GR - Part 4: Pages 67 - 92
October 23, 2007 - 1,000 Friends of Florida released a
study identifying strategies to stop the loss of Florida's rural lands
over the next 50 years.
Read more...
Florida 2060: A Population Distribution Scenario for the State of Florida, dated Aug. 15, 2006
For a "Phosphate 101" illustrated series, follow this link to Florida Trend magazine:
http://floridatrend.com/extra_article.asp?extraID=20&aID=48865
9/16/08 Phosphate News:Lee County Commissioners voted Unanimously to approve $650K to challenge the South Fort Meade Mine permit and
Manatee County Commissioners voted 4-3 to deny Mosaic's application to mine the Altman Tract in Manatee County. This is very welcome news. Even though the mine is only 2,300 acres, half of it covers all the wetlands that make up the headwaters of Horse Creek. This vote by Manatee County is even more significant because Mosaic already had their DEP, Corps, and WMD permits and had settled with Lee, Charlotte, Sarasota and the Water Authority. Maybe Mosaic will start seriously thinking about supporting the Area-wide Environmental Impact Statement (EIS) that we have been asking for to assess all the resources as a whole instead of in small pieces.
January 2008 Member Update:In addition to flows from the Caloosahatchee, our coastal water quality is influenced by water flowing into Charlotte Harbor from the Peace River. The northern watershed of the Peace River is heavily impacted by phosphate mining, which contributes
phosphorus loading and impacts freshwater flows to the river.
Pictured right and right below are photos of the landscape before and after phosphate mining. Recognizing that permitted mining practices have resulted in serious impacts to potable and environmental freshwater supplies, Lee, Charlotte and Sarasota Counties have challenged mining permits issued by DEP over the last several years. In response, the international conglomerate mining company, Mosaic, has drafted a settlement offer which proposes a global settlement with the three counties.
Among other conditions, the settlement agreement would require the counties to drop all litigation and agree not to challenge their phosphate mining permits for the next 15 years. In exchange, they propose to provide a six-billion-gallon drinking water reservoir. The
settlement does not address where the six billion gallons of freshwater would come from to fill the reservoir in this region that has been experiencing serious water shortages for several years.
The settlement agreement also fails to mention that mining operations are responsible for a loss of over 200 billion gallons of freshwater flow to the river per year. This is an important issue for regional water supplies, both for public consumption and the environment. SCCF has made public comment and written letters to the Charlotte and Lee County Commissions, urging them to reject this settlement offer and to support an Areawide Environmental Impact Study (AEIS) by the U.S. Army Corps of Engineers to look at the cumulative impacts of phosphate mining. Our letters and the proposed settlement agreement are posted on our website. In November the Charlotte County commission voted to approve the settlement. Lee and Sarasota Counties have opposed the settlement, citing objections that include giving away their power to object, binding future commissions to this agreement, and the need for an Areawide Environmental Impact Study (AEIS). To learn more visit
www.thephosphaterisk.com.Wed., Nov. 7, 2007 -- At yesterday’s information session the Lee BOCC was updated on the Phosphate settlement by Ed de la Parte. I am pleased to report that there seemed to be unanimous agreement that the settlement agreement is not in the County's best interest and they do not feel any rush to sign on to the agreement.
Issues:
- They are not willing to entertain any agreement that would bind future commissions
- Need a plan based on science
- Having spent $12M they are not willing to settle for this
- Need a critical plan for future investment
- They are interested in and willing to pitch in for an Area wide EIS if all parties pay the cost
- Consider it a better strategy for all parties to move forward together collectively
- The BOCC elected Commissioner Ray Judah as their representative to meet with the other counties
- Commissioner Tammy Hall suggested that we should work on legislative changes at the State level to provide better protections for water resources.
Letter re Mosaic Settlement Offer to Lee BOCC dated Nov. 3, 2007Letter re Mosaic Settlement Offer to Charlotte County Commissioners dated Oct. 20, 2007Copy of the Mosaic AgreementHealth Effects from Phosphate Mining
Florida has several large phosphate deposits that have been mined since the turn of the century. These deposits contain varying concentrations of uranium and thorium. Although generally the radiation dose received from these concentrations is insignificant, the dose can become significant if the concentration increases through mining the ore, if the radionuclides dissolve in drinking water, or if they build up in structures on the deposits. To monitor this situation, the department takes soil, air, and water samples from the land both before and after the mining occurs and measures the radiation levels.
http://www.doh.state.fl.us/Environment/radiation/envrad1.htm
The Sanibel Report, prepared in 1974-75, reports on every facet of the island’s natural systems, such as beach, mangroves, interior wetlands, hydrology and wildlife information. SCCF staff and volunteers provided many of the reports, research, and existing data; recruited experts; and even supplied lodging and financial support for the visiting scientists.
This was incorporated into the Sanibel Plan, adopted in 1976, which is still used by the City of Sanibel as it balances orderly development with the preservation of ecological integrity.
The fundamental concept of Sanibel’s Comprehensive Land Use Plan is design with nature in mind. In order to protect those areas that are most crucial for wildlife and wetland functions, development and density determinations were set according to what the native landscapes could reasonably bear.
The concepts of conservation within City regulations have persevered through the years and in many instances, have been further defined and strengthened. The book, The Sanibel Report, published in 1976, contains both the Sanibel Report and the original Sanibel Plan. Please note that the Sanibel Plan is supplied for informational purposes only. Check with the City of Sanibel for the current Plan, which has been revised over the years.
To download PDF’s of The Sanibel Report:
http://sccf.org/content/122/SCCF-and-The-Sanibel-Report.aspx