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BOOK - 2004R - B.O.C.C.-----------------------------------
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AUGUST 26, 2004
A
was held this date to conduct a Public Hearing
to consider the adoption of a Resolution Adopting the 2004 Lee Plan Evaluation and Appraisal Report, with the
following Commissioners present:
1. Call to Order; Certification of Affidavit of Publication
The Chairman called the meeting to order at 9:33 a.m. Assistant County Attorney Donna Marie Collins approved as
to legal form and sufficiency, the
Affidavit of Publication
regarding this item; and emphasized that Board adoption of
2. Presentation of the 2004 Evaluation and Appraisal Report proposed for adoption by the Board of
County Commissioners.
Overview
assessment of the success and/or failure of the Lee Plan; and that the purpose of the public hearing was to adopt the
EAR and direct staff to transmit it to the Florida State Department of Community Affairs (DCA). He explained that,
following review of the EAR, the DCA would issue sufficiency comments and/or findings of insufficiency, to which
staff would respond; and that the DCA comments could be brought back to the Board for additional direction. He
clarified that the accepted EAR would be the basis for Lee Plan amendments during the following amendment cycle,
and that a list of the amendments would be provided to the Board within the next month. He briefly reviewed various
sections of the EAR, including the discussion of statutory context, the summary of public participation, the analyses
and discussions of the major issues facing the County, and the statutorily required discussions of issues such as the
Coastal High Hazard Area. He further reported that the Local Planning Agency (LPA) had recommended that the
Board transmit the document to the DCA for review, and that several pending Lee Plan amendments were dependent
copies of suggested language
(copy is on file in the Minutes Office)
to be added to the Transportation Section, pages 28-29 of the EAR, to state that: "The new concurrency system would
not override specific measures adopted into the Lee Plan that tie allowable growth to road capacity, such as Policy
14.2.2., which applies to Greater Pine Island.". He added that, because the statement reflected the current status, staff
believed the additional language was not necessary and could remain unstated.
DOT Transportation Planning Manager David Loveland explained that the current EAR differed from previous
reports, because the DCA had requested a focus on major issues instead of point-by-point discussions of all objectives
and policies; noted that public hearings had been held to quantify the general issues; and reviewed the material on
pages 9-41 of 155 of the EAR. Among the specific items presented on the topic of "Levels of Service" were: the
difference between the public issue of current road conditions and the objectives of the long-range transportation plan,
the method used to plan for needed improvements and to evaluate specific public concerns based on the long-range
plan, the change in 1999 from an area-wide to a link-by-link concurrency approach, the County-wide changes in
traffic conditions and surplus traffic capacity between 1996 and 2002, the expenditure of $350 million for road
improvements and the addition of over 200 lane-miles during that time, and the plans to address DCA concerns
Mr. Noble mentioned that the information presented on pages 42-50 of 155 of the EAR was based on the
current status of Lehigh Acres, that a faction in that area was pursuing incorporation, and that staff was working with
a Community Planning Panel for the area. He added that staff was investigating several options to improve the
situation there, including the possibility of increased density along specific corridors to provide incentive for transit
and other services.
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BOOK - 2004R - B.O.C.C.-----------------------------------
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Mr. Noble stated that the recent annexations of unincorporated County property by the municipalities had
presented major concerns, reported that agreement had been reached with the City of Fort Myers on a proposed Urban
Reserve Boundary, and noted that annexations by the City of Cape Coral were continuing. Commissioner Albion
suggested that, if temporary "annexation-free" zones were established in areas considering incorporation, fear of
annexation would result in hasty incorporations that would not be in the citizens' best interests. Commissioner Janes
commented that the County should have a greater voice in annexation issues, and that County support of legislative
changes could be required to accomplish that purpose.
Mr. Noble stated staff's belief that the ongoing scientific study of mining in the DR/GR areas should be
completed prior to further evaluation of land uses in those areas; and mentioned the concerns of some environmental
groups that the County was not doing enough to protect those areas. Commissioner Janes remarked that the ongoing
study was supposed to have been comprehensive, not just limited to mining; and requested a status report. Smart
Growth Task Force Executive Director Wayne Daltry clarified that mining was only one component of the DR/GR
study, which was intended to determine the current long-term needs for groundwater resources and the effectiveness
of the DR/GR designation in promoting those resources; that the data analysis portion should be completed by
October 2004, when the management assessment would be presented to allow the Board to decide whether the
hydrogeology and land use management components should be completed by a management consultant or in-house.
Commissioner Albion suggested the creation of a technical advisory committee, and Mr. Daltry responded that the
report would be reviewed by the standing technical committee on environmental water issues, a component of the Lee
Master Mitigation Plan. He added that the Mitigation Plan would be presented to various agencies to encourage their
cooperation with the County's effort to attain goals in the County's Comprehensive Plan that were not included in the
other agencies' management plans. Mr. Daltry and Commissioner Albion briefly discussed the advantages and
disadvantages of a separate review committee made up of professionals from within the County. After Commissioner
Janes emphasized the need for a stronger link between Smart Growth efforts and Comprehensive Planning efforts, Mr.
Daltry pointed out that the Smart Growth recommendations were an appendix to the EAR; that a commentary from
the Smart Growth Initiative was included in each applicable section of the EAR; and that the approval of the EAR
would allow the implementation of the recommendations. Community Development Planning Director Paul S.
amendment cycle following adoption of the EAR.
Revision of the County's population projections.
Amendment of the planning horizon, from 2020 to 2030, for consistency with federal requirements.
Amendments to incorporate the provisions of the Manatee Management Plan.
RETURNED DURING THE PUBLIC COMMENT PORTION OF THE MEETING.
3. Public Comment
The Chairman called for public input and the following concerned citizens came forward:
Conservancy of Southwest Florida Environmental Policy Specialist
referred to a
letter from
the Conservancy
to the Commissioners (copy is on file in the Minutes Office),
requested a more comprehensive DR/GR study with additional environmental
components, and suggested a moratorium on land-use changes in DR/GR areas
pending completion of the study.
Responsible Growth Management Coalition representative
Sharon Kuchinskas
also requested the more
comprehensive DR/GR study, suggested an investigation into the impact of
annexations and density increases on County-wide growth management and
infrastructure development, and expressed concerns about the area-wide
concurrency system proposed for transportation issues.
presented a
letter
(copy is on file in the Minutes Office), describing members' concerns
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BOOK - 2004R - B.O.C.C.-----------------------------------
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about wildlife, natural resources, and planning issues in DR/GR areas; and
requesting a comprehensive DR/GR study. In response to Commissioner
suggested comprehensive study be included in the EAR.
Daniel DeLisi
New Urbanism, Smart Growth; mentioned that mixed use developments were
important to the creation of enjoyable living spaces; and remarked on the need
for pedestrian-oriented development.
Community Development Planning Director Paul S. O'Connor addressed the request of the CCAS by stating that,
although he concurred as a planner with much of what was requested, the EAR was not the appropriate approach; that
the current DR/GR study, which should be complete within a few months, would provide information about the
effectiveness of existing regulations; and that the study had been intentionally limited to science without regard to
planning or political considerations. He mentioned that state legislation provides little for the County to work with in
an annexation dispute, if the property meets the simple legal requirements; and described staff's discussions with the
City of Fort Myers regarding Urban Preserve areas. He mentioned conversations with the City of Cape Coral about
the pending annexation of several thousand acres of County-designated wetlands and open lands; opined that proposed
legislation to provide more continuity in the annexation process would be re-introduced this year; and mentioned that
the County Charter could be amended to require County approval of voluntary annexations. Commissioner Judah
indicated his agreement with the comments regarding the DR/GR, and emphasized the need for baseline data for the
comprehensive analysis. Commissioner Albion requested that staff report at a future Management and Planning
Meeting regarding the possibility of dovetailing the more comprehensive study with the current study.
Commissioners Albion and Judah briefly discussed the Board's commitment to avoid any land use changes in the
DR/GR until the studies are complete, the need for additional discussion of the studies, and the Board's obligations
under the 1989 settlement agreement with the DCA.
4. Consideration of Resolution Adopting the 2004 Evaluation and Appraisal Report.
Assistant County Attorney Timothy Jones pointed out an apparent mathematical error in the second column of the
table on page 93 of 155 of the EAR, which indicated "Additional Population 2008" as 576,124, which was actually the
projected total population for 2008; and which would significantly overstate the hurricane shelter deficit and the costs
to correct that deficit. He requested that the motion include authorization for staff to correct the table as needed before
transmittal to the DCA. The Chairman called for a motion to adopt the EAR to include the additional language for
pages 28 and 29, as submitted by Mr. Loveland; and to include the authorization to correct any scrivener's error on
page 93. Commissioner Judah so moved, seconded by Commissioner Janes. The Commissioners expressed their
appreciation for the diligent efforts of staff and for the inter-departmental coordination required to produce such an
excellent report. In reply to Commissioner Judah's question, Attorney Collins and Mr. O'Connor clarified that a
statutory limit existed on the time allowed for the DCA to provide sufficiency comments. Mr. O'Connor added that
staff was aware of one or two issues on which the DCA would most likely require additional discussion.
Commissioner Janes commended staff's work on Issue #10, and cited the concise definitions provided for the complex
concepts of "New Urbanism" and "Smart Growth". Mr. O'Connor acknowledged that Planning Division Principal
Planner Rick Burris was responsible for most of the discussion on that issue. The motion was called and carried, with
Commissioner Coy absent.
RESOLUTION NO. 04-08-84
The Chairman adjourned the meeting at 10:25 a.m.
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