AngryNeighbors

AngryNeighbors

GOVERNMENT WATCH by Jean Gruss | Editor/Lee-Collier

Despite all the talk of regional cooperation, Lee County is suing Charlotte County for approving the development of Babcock Ranch. Some view it as a bad omen for resolving big regional issues.

So much for regional cooperation.

In a dispute over the region's largest proposed residential development - Babcock Ranch - Lee County is suing Charlotte County for essentially being what they consider a bad neighbor.

The closely watched battle is important because it will signal whether Southwest Florida is really ready to tackle difficult regional issues. It joins other significant challenges such as water flows from Lake Okeechobee and the widening of Interstate 75 using tolls.

"It's happening across the state where the regional [development] process hasn't been sufficient in addressing the extra-jurisdictional impacts," says Ken Heatherington, executive director of the Southwest Florida Regional Planning Council. The council makes recommendations to the state on regional developments such as Babcock Ranch.

West Palm Beach developer Syd Kitson is developing nearly 14,000 acres of the ranch into a residential town, which straddles both Lee and Charlotte counties. Although the area is closer to Fort Myers than Punta Gorda, most of the land is located in Charlotte County.

While Lee County was negotiating with Kitson over issues such as roads and water, Charlotte County moved ahead and approved development on the Charlotte side without requiring an interlocal agreement with Lee. Government officials in Lee were furious because they believed their concerns about roads and water flows weren't considered in the development order.

Lee officials fear Kitson will move ahead without resolving Lee's transportation and water concerns ahead of time. "We're looking to make sure ... our rights are protected," says Lee County Attorney David Owen. The commission's decision to sue was unanimous, he says.

"They should remember that Lee County is an important player," says Lee County Commissioner Bob Janes.

"Up to the relatively present time, we've worked extremely well with the Babcock issue," Janes says. "In the last six months things have sort of fallen down."

The perception in Lee County is that Charlotte County is much more developer-friendly. While Lee diddles over details, Charlotte has welcomed Kitson with open arms and approved his project. (Charlotte County Commission Chairman Tom D'Aprile couldn't be reached.)

The lawsuit was a surprise, says Kitson spokeswoman Lisa Hall. "It's something we hadn't anticipated, but we'll continue to honor our commitment to Lee County," she says.

Follow the traffic

Because much of the Babcock Ranch project will be built in Charlotte County, that county will collect taxes on new construction and improved property. Most observers would agree, however, that residents of Babcock are more likely to use roads that lead to Fort Myers to work and play.

"Transportation's the big bucks," says Lee County Smart Growth Director Wayne Daltry.

The only major north-south road to Babcock from Fort Myers is two-lane State Road 31, which Lee County will have to widen to accommodate the traffic. "The ultimate concern is that they're not paying for the impact," says David Loveland, manager of transportation planning for the Lee County Department of Transportation. "Most of their traffic is going to come into Lee County, especially early on."

But Kitson has argued that Babcock Ranch's population won't have the impact Lee is worried about. In addition to the 17,870 homes Kitson plans to build in Charlotte, plans include millions of square feet of offices, shops and warehouses. Plans also include a hospital, a hotel, an assisted-living facility and schools, which Kitson has argued will keep more than half the population from hitting the roads.

What's more, Kitson has promised to develop Babcock Ranch in stages so that the impact won't be felt all at once. "It'll be done in increments so that neither side holds the bag for long," says Hall.

Hall points to an agreement signed last year between Kitson and Lee that spells out the developer's commitment to helping with transportation issues. "We've got 22 pages of very specific transportation agreements," she says.

The clock is ticking

When Charlotte County approved the Babcock development in December, Lee County had a short window to challenge the move. It initially tried to gather support at the Southwest Florida Regional Planning Council, but the group decided against recommending an appeal to the Florida Department of Community Affairs, citing the cost. The state reviews large developments such as Babcock.

"Unless we're asked in a deposition, we have no more fight in this issue," says the council's Heatherington. "The issues can be resolved and hopefully they're going to do that."

Daltry says the lawsuit isn't an indication that regional cooperation has failed. "The legal clock was ticking," he says. Now, both counties are likely to be forced into mediation. "I'm pretty sure it's going to go that route, no matter what. When you go into these things, you have to be prepared to see it all the way through."

Janes sounded a conciliatory note and says the lawsuit will get both sides talking again. "It's a shame we have to resort to litigation, but sometimes these cases come up," he says.

Lee County officials say the lawsuit will resolve the issue instead of letting transportation issues linger. "I think they're better off getting it clear up front," says Loveland.

What is Babcock Ranch?

Kitson & Partners plans to develop 13,630 acres of ranch land in southeastern Charlotte County near the Lee County line. Currently, the land is being used as pasture, sod farms, row crops and mining.

Kitson's proposal includes: 11,616 single-family homes, 6,254 multifamily units, 2.9 million square feet of shops, 1.4 million square feet of offices, 500,000 square feet of medical offices, 664,000 square feet of industrial buildings, 177 hospital beds, 418 assisting living units, a 120,000-square-foot church, 600 hotel rooms, six schools, 275 acres of parks, 150,000 square feet of government buildings and 54 holes of golf.

Kitson and a Morgan Stanley real estate fund bought the 90,000-acre Babcock Ranch in 2006 for an undisclosed sum and sold about 73,000 acres of it to the state for conservation for $350 million, keeping the remainder for future residential and commercial development.

REVIEW SUMMARY

Issue. Handling bi-county Babcock Ranch traffic

Players. Lee and Charlotte counties

Key. The Lee County lawsuit could crush the hopes for regional cooperation.