Babcock Ranch Deal in Trouble
TALLAHASSEE -- In a move that could jeopardize the state's plan to preserve a 74,000-acre conservation tract in Southwest Florida, an environmental group filed a challenge Friday against the Babcock Ranch development, alleging it violates state planning standards by allowing urban sprawl.In a petition filed with the state Division of Administrative Hearings, the Sierra Club says the plan to build a new city of some 46,000 residents in a rural region of Charlotte and Lee counties "epitomizes urban sprawl."The environmental activists say there is no demonstrated need for a city of that size in a now remote and rural region of Charlotte County. And they question the project's impact on the area's water supply and roadways.The group has asked for an administrative hearing, hoping a judge will overturn the state Department of Community Affairs' approval of the project and send it back to Charlotte officials for major revisions.The action comes just as Gov. Jeb Bush is scheduled to sign legislation Monday in Punta Gorda that will allow the state to pay $350 million to acquire 74,000 acres of the Babcock property for a conservation project.As a condition of the sale, West Palm Beach developer Syd Kitson also has sought approval to develop an adjacent 17,000acre tract into a community that would include 17,870 homes, 6 million square feet of commercial property, five schools and a 27hole golf course.Frank Jackalone, a senior regional representative for the Sierra Club, said his group supports the preservation of the Babcock property, but he said it shouldn't be contingent on an intensive development that would be "creating a nightmare right next to it."The state's conservation project is designed to protect threatened species like the Florida scrub jay and the panther. But Jackalone said those same animals would be threatened by a new city in what is now an area designated for conservation and agricultural uses.He also said the Babcock development will put more pressure on local governments to provide roads and other services to accommodate the new growth."It's going to cost Lee County a tremendous amount of money to provide all of the infrastructure improvements," he said, while predicting some roads could be become gridlocked, including State Road 80.Other environmental groups, which support the Babcock project, said they feared the Sierra Club's action may derail the effort to preserve a large portion of Babcock Ranch."This may doom the project," said Eric Draper, a lobbyist for Audubon of Florida.A provision in the sales contract with the state provides that land-use approvals must be in place before Kitson sells the land to the state. With a legal challenge that could take months, if not more than a year to resolve, it is likely to push back the state's effort to buy the property, which was scheduled to take place as early as next month.Draper said his biggest concern is if the Sierra challenge drags on, it could force Kitson and his partners out of the project and the ranch could be sold to another developer who may not be willing to strike a similar deal with the state."You don't get the chance to protect 74,000 acres every day," Draper said.Representatives for Kitson said the developer planned to press ahead with the project, noting he has had to overcome other issues in the past year as he put deal together.In a statement, Kitson said he and his partners "remain committed to the worthy goal of preserving Babcock Ranch.""In the past year, working with state and local leaders, we've overcome numerous obstacles in pursuit of the shared vision of preserving over 80 percent of the ranch," he said. "We will continue to do everything we can to ensure that this special piece in Florida will be preserved forever."Gov. Bush said he didn't understand the environmentalists' challenge of the project since it would allow 74,000 acres to be preserved that otherwise could be developed -- although it would be at a lower density.He said Kitson's proposal represented a way to have a "thoughtful development," while preserving a major natural tract. "We think it's better to protect the larger ecosystem," he said.Jackalone said his organization hopes to use the administrative challenge to force the state, Charlotte County and Kitson to agree to less intense development in the area.As part of its challenge, the Sierra Club is challenging an effort to transfer 10,665 density units to Kitson's development.Under existing zoning, only 7,205 units would be allowed on the entire Babcock tract, the environmentalists said.But as part of the agreement, in exchange for selling the state the 74,000 acres that will be preserved, the county has agreed to transfer the additional units, allowing Kitson to build nearly 18,000 housing units in his 17,000-acre community.At a cost of about $20,000 per unit, it represents a $213 million gain for Kitson, the Sierra Club said.The challenge alleges the transfer is in violation of state law and a local ordinance.