Nicole Ryan Governmental Relations Manager Conservancy of Southwest Florida 1450 Merrihue Drive Naples, FL 34102

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1 P.O. Box 1895, Punta Gorda, FL Phone/Fax /2/2007 Nicole Ryan Governmental Relations Manager Conservancy of Southwest Florida 1450 Merrihue Drive Naples, FL The Conservancy of Southwest Florida, Responsible Growth Management Coalition and Caloosahatchee River Citizens Association/Riverwatch, have been meeting with County staff, and representatives of other major environmental groups in Southwest Florida, to discuss environmental resource protection through comprehensive planning, specifically in the context of the Western Hendry Study area and the West LaBelle Area Plan. We have met on numerous occasions, to discuss our concerns with this proposal, with Community Development Director, the County s consultants, DeLisi Fitzgerald, and have entered comment into the record at the public hearings of the Local Planning Agency (LPA) and the Board of County Commissioners (BOCC). At this time, we wish to share with the Department of Community Affairs our concerns regarding the proposed Western Hendry Study. Natural Resources: As we pointed out to the County staff, the consultants, the LPA and BOCC, it is the view of the undersigned that proper Comprehensive Planning for Hendry County must include the comprehensive compilation of the data on natural resources within the entire County. Any large scale Future Land Use Map and Plan Amendment (and this certainly qualifies at over 18,000 acres) must be based on the assessment of sound and defensible science and data. Such an assessment should be based on the carrying capacity of the land, and should include data and analysis of not only groundwater resources, but flow-way connectivity, adequate storm water retention and treatment, protection of listed species and their habitat and restoration of key hydrologic and wildlife habitat corridors. Many pieces of the puzzle must be collected in order to determine a strategy for future development and protection. The Hendry County Comprehensive Plan requires the County To conserve and enhance the quality of the natural resources in Hendry County for present and future population. Preserving Southwest Florida s natural environment.. now and forever. 1

2 Additionally, the Comprehensive Plan for Hendry County, in the Conservation Element Objective 7.2 states: the County shall act to provide protection for wildlife habitat and related vegetative communities, and other environmentally sensitive lands. Viable populations of wildlife and endangered species shall be maintained Step one could be the collection of comprehensive natural resource information. After this information has been collected and compiled, then it should be analyzed, perhaps in a series of overlays, to determine the areas where resources are located and in need of protection through good planning. This same process would also identify the areas in the County where more intense development can be accommodated, providing a more rational basis for land use decisions. In The Western Hendry Study, a document developed by a team of consultants under the direction of County staff and the Bonita Bay Group, and submitted as supporting data for the proposed amendments, the statement is made a number of times that Habitat conservation issues are minimal, thus making it an area where development makes sense. This statement denies what all those who live in and around western Hendry County know to be the case. The presence of wildlife is apparent at every turn, and exists in every corner of the County and in every backyard. This statement incorrectly minimizes the presence of wildlife, listed species and necessary habitat, which serve to provide much of the character that originally drew people to settle in Hendry County. The continuation of that character depends on planners and elected officials taking an active role in ensuring the preservation of corridors within developed areas that provide connectivity for the wildlife to cross from one major area of preservation to another. Wildlife along the entire spectrum of the food chain depends on this connectivity. Much of the area of Northwest Hendry is important for the future of the Florida Panther. The United States Fish and Wildlife Service have conducted a study of potential panther habitat north of the Caloosahatchee River. That study concluded that connectivity of the current Consultation Zone and areas identified at Fisheating Creek and the Babcock Webb is critical to the goal of reaching the population level that is viable without intervention. Fisheating Creek and Babcock Webb were identified as providing some of the highest value for panther habitat in Florida. Enhancement and protection of habitat for the panther also serves habitat for prey species, and the entire food chain and ecosystem. To assure that wildlife interests are considered in the process of Comprehensive Plan Amendments, any new large scale amendments could have as baseline data, an Environmental Impact Assessment/Biological Assessment following the U.S. Fisheries and Wildlife Service (USFWS) or Florida Fish and Wildlife Commission (FFWC) survey protocols. These studies could be developed by a qualified biologist with experience identifying individuals, breeding behaviors, disturbance behaviors, etc. Hendry County should consult with USFWS over listed species as part of the review process for all large scale Comprehensive Plan Amendment proposals including The Western Hendry Study. Preserving Southwest Florida s natural environment.. now and forever. 2

3 Timing and Scope: It is also important to consider these proposed amendments in the context of the County s current Comprehensive Plan and the Department of Community Affairs (DCA) administered Comprehensive Plan Evaluation and Appraisal Report (EAR) process. The County is slated to complete its EAR of its Comprehensive Plan by April 1, The Conservancy understands that the County previously proposed this Comprehensive Plan Amendment (CPA) for the Northwest LaBelle area, to the Department of Community Affairs (DCA) on November 17, 2004 (DCA No. 05-1), and an OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC) was issued to the County on January 14, At that time the proposed amendment was found to be inconsistent with the State Comprehensive Plan in a number of areas. Hendry County has not addressed adequately the following inconsistencies identified in the ORC. Need: Rule 9J-5.005(2) (e), Florida Administrative Code, (FAC) states that the Comprehensive Plan shall be based on resident and seasonal population estimates and projections. The population estimate for Hendry County, as supplied as part of the former West LaBelle Comprehensive Plan Amendment was estimated to be approximately 36,210 in 2000 and projected to reach 55,200 in 2025, The Bureau of Economic and Business Research s (BEBR s) mid range projections for that time period for the County is 58,700. Roughly 25,209 units of housing would result from the approval of the current Northwest LaBelle Plan Amendment proposal. That translates to approximately 63,022 additional people in this area alone (using a standard 2.5 persons per household). This will mean that the population projected for Hendry County as a result of this proposal would be in excess of 98,000, well beyond BEBR s high range projection of 78,200. This is before the other numerous Comprehensive Plan Amendments that encompass approximately 5,030 acres that are currently being considered by the County are factored in. Thus the magnitude of this land use change cannot be justified solely on the basis of the project population of Hendry County; the need is not demonstrated for this proposal. This is the same conclusion reached by DCA following their review of the 2004 proposed amendment. Urban Sprawl: The proposed land use changes fail to promote the maximization of existing and future infrastructure. Furthermore, the amendment promotes the premature conversion of agricultural land to other uses. Although the County is proposing to consider a Transfer of Density Units ordinance at some point in the future, no such provision currently exists within the Hendry County Land Development Code, and therefore provision for clustering of units where appropriate and protection of significant environmentally sensitive areas is not assured. After careful consideration, it is the Conservancy s recommendation that DCA find The Western Hendry Study inconsistent with Chapter 163, Part II, F.SD. Preserving Southwest Florida s natural environment.. now and forever. 3

4 The Conservancy and others have offered to participate in the coming year in the formulation of EAR based amendments to the County s Comprehensive Plan. During the development of the EAR, the changes previously requested by applicants can be considered, and if found to have merit, can be incorporated into the comprehensive EAR based amendments that go forward in The undersigned appreciate the opportunity to comment on the Comprehensive Plan Amendment, and look forward to assisting Hendry County in the implementation of their Comprehensive Plan, and the conduct of their EAR. If you have any questions, please do not hesitate to contact me. Respectfully, Andrew McElwaine, President Conservancy of Southwest Florida Marti Daltry, President Caloosahatchee River Citizens Association/Riverwatch David A. Urich, President Responsible Growth Management Coalition, Inc. Cullum Hasty, Political Chair Sierra Club-Calusa Group, Cc: Nicole Ryan, Conservancy of Southwest Florida Bernard Piawah, Department of Community Affairs Preserving Southwest Florida s natural environment.. now and forever. 4

5 M Daltry Sierra Calusa and Calloosa River Watch RGMC Preserving Southwest Florida s natural environment.. now and forever. 5