Legal Fund: Help Preserve Washington Loop

7/14/23 UPDATE: COURT RULING AND NEXT STEPS

The judge opted to decide the case without conducting the hearing originally scheduled for June 26. On 7/7, the judge ruled in favor of the Davises (property owners) allowing the special exception for the cluster housing development containing 17 lots and the excavation of a new 40-acre lake. Although we are extremely disappointed with the judge’s ruling, we do not have any intention to abandon our effort.

A meeting is being arranged with the attorney to confirm if there are any legal grounds to file an appeal. In addition, we are currently looking at other avenues available to us to determine the best strategy going forward to monitor the progress of the development and affect the final outcome, ultimately mitigating the negative effects of the 40-acre lake.

We do not currently know the associated costs for the above. To those who generously donated, you will be contacted directly to see if you will allow us to hold the funds a little longer until the next steps are finalized or if you would like the funds immediately returned.

We will continue to keep you informed and thank you again for your interest and support.

6/22/23 UPDATE: COURT HEARING DATE

We want to provide a brief update regarding the Court hearing date. Our attorney received notice from the Court advising due to a scheduling conflict the hearing will not occur on June 26 as previously stated. We are currently waiting to hear further updates regarding the Court's determination about potential future rescheduling, or other options available to the Court.

We apologize for such short notice to all who have been so very supportive. As soon as we receive guidance from the Court on their plans, we will update you. We sincerely appreciate your continuing interest and support as we proceed through these legal and administrative processes on behalf of our community.

ATTENTION WASHINGTON LOOP NEIGHBORS: We need your HELP! On August 10, 2022, the Charlotte County Board of Zoning Appeals approved a special exception for a 175.28 +/- acre tract on Washington Loop to allow a cluster housing development containing 17 lots and EXCAVATION OF A NEW 40-ACRE LAKE. Many residents conveyed their concerns that approval of this special exception would result in significant negative impacts over the short-term and long-term. The overarching concern is the excavation of the 40-acre lake. We are not opposing the 17 residential lots. Due to the numerous unknown effects the lake will have on the welfare of the area, fellow neighbors initiated a legal challenge of the approval in September of 2022 (case# 22001247CA). We have succeeded in reaching the hearing phase which is scheduled for June 26th. For the last nine months, a few individuals carried the financial ball to sustain the legal challenge. However, this approach is simply not sustainable going forward. The additional anticipated attorney costs to prepare and present the case are $4,000.00. In order to continue these legal efforts and ensure our voices are heard and considered by the Court, we are URGENTLY seeking your financial support to help defray the legal costs to challenge the approval. Please know that any amount in support of this cause is truly appreciated.

The disaster of Hurricane Ian left a historic impact on our area. We delayed our efforts to seek financial support out of earnest respect for our neighbors during that difficult time. We understand many in our area are still recovering from the storm and may not be in a position to make a financial contribution.

Please share this fundraiser with anyone you feel may be interested in our effort. Thank you for your time and consideration, and hope we can count on your support!

WHY YOU SHOULD BE CONCERNED

Last Line of Defense:

• There are no other public hearings in the County’s administrative process going forward whereby residents will have the opportunity to express their concerns regarding the 40-acre lake. Therefore, this legal challenge is our critical line of defense.

No New Mining on the Loop:

• Many years ago, Washington Loop residents fought hard to ensure mining was not an allowed use on the Loop. Numerous mining permits that were in the works were stopped.

• This special exception allows for the excavation of 40 acres to a depth of 20 feet for up to 3 years with the potential for extension.

• The 40-acre lake is purportedly needed to capture stormwater management and for onsite fill. No evidence with appropriate supporting documentation justifying such a large lake was presented by an engineer.

• A 40-acre lake with a 20-foot depth will require the excavation of 1.5 million tons of dirt, sand, soil and other materials over a protracted period of time. There are no guarantees or safeguards that prohibit the transport of excavated product off site for sale or use off site in other locations, or compel the construction of actual homes on the site after the excavation is complete. This is disproportionately larger than a stormwater pond for residential development of 17 houses; it is a huge lake the size of 4.4 football fields; and an area that a major mine leaves behind.

• There are 18 mines operating in the 33982 zip code. The County just approved a new mine in May. We do not need a potential de facto mine operating on Washington Loop with none of the protections afforded by conditions placed on legal sand mines by the county.

Health and General Welfare:

• Private Wells: Residents are concerned about how the excavation will impact private wells.

• Health Effects: The potential effect on personal (and animal) health resulting from the dust, dirt, sand, and other materials being introduced into the air upon commencement of the excavation as well as the effects of the contamination and continuous exposure over several years.

Safety:

• Increased Dump Truck Traffic: One calculation suggests the 1.5 million tons of dirt, sand and other materials removed to create the 40-acre lake feature would fill 78,000 20-ton dump trucks. As stated above, there are no conditions attached that prohibit the trucking of the mined materials offsite for sale or use off site in other locations. This will require hauling dirt on Washington Loop resulting in increased deterioration of its road surfaces, beds, and bridges. Since there are no shoulders on Washington Loop, pedestrians, cyclists and equestrians will encounter these dump trucks.

Environment:

• Neighbors are concerned about how the 40-acre lake will impact the wildlife, particularly the endangered species. The property is home to gopher tortoises, fox squirrels and crested caracara (nesting in trees to the north of the lake) to name a few that were identified by residents. Note, the property owners received a Scrub Jay Exemption Letter from the Park and Natural Resources Division in 2015. In May 2021, the same department confirmed the exemption letter is still valid since it was issued under the County’s Habitat Conservation Plan.

Economic:

• Direct and Indirect Costs for Homeowners: The dust, sand and dirt produced will collect on home roofs, pool cages and screens, pools and exterior equipment, lanais, HVAC units, solar panels and other outdoor fixtures. Residents could incur additional costs for exterior and interior property maintenance, washing, cleaning and repair.

• Potential Reduced Property Values for Extended Period: The excavation of the lake, subsequent transportation of extracted materials, and the lake's presence and maintenance after completion introduces a significant level of unknown and uncertainties. It presents a risk for the existing, developed property owners and their investment in their properties. It is impossible for anyone to anticipate the actual duration this project may occur, nor the amount of time local residents will be adversely affected.