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Babcock Ranch CPA Applicant’s Responses – November 4, 2005

Master Table of Contents Cover Letter Outlining Responses

Attachment 1: Revised Section 4, Goals and Policies Attachment 2: Amended Babcock Ranch Overlay District Future Land Use Map Attachment 3: Conceptual Schematic Layout Attachment A: Linear Phasing Plan Attachment B: Overview of Transportation Capital Improvements and Funding

Sources Attachment C: Revised Public Facilities Acreage Allocation Summary Attachment D: Sales Contract Between Kitson and the State of Florida DRAFT Interlocal Planning Agreement Attachment E: E-1 Planning Related Questions from Tom Scott E-2 Planning Related Questions from Joan LeBeau E-3 Planning Related Questions from Jie Shao Attachment F: Parks and Recreation Attachment G: Affordable Housing Responses Attachment H: Solid Waste Responses Attachment I: Environmental Responses (as previously provided) Attachment J: Transportation Responses Attachment K: Drainage/Surface Water Management Responses (as previously

provided) Attachment L: Water Supply and Recharge Responses (as previously provided) Attachment M: Hurricane Evacuation Responses Attachment N: Human Services Transit Responses Attachment O: Miscellaneous Sufficiency Responses Attachment P: Schools – Revised Analysis to Correct Spelling Attachment Q: Revised Response to Policy 1.4.5 (page 3 of 13, Section 10) Attachment R: Economic Analysis Attachment S: Development Inquiries Attachment T: Articles on Rural Sprawl

2158 Johnson Street ▪ Post Office Box 1550 ▪ Fort Myers, Florida 33901-1550 (239) 334-0046 ▪ Fax (239) 334-3661

November 4, 2005

Mr. Thomas A. Cookingham Planning Services Manager Charlotte County Community Development Current Planning and Zoning Section 1850 Murdock Circle Port Charlotte, FL 33948-1094 Re: Babcock Ranch Comprehensive Plan Amendment Responses to Staff Comments and Questions through November 1, 2005 Dear Mr. Cookingham: First of all, on behalf of the applicant Kitson & Partners and our team, we want to express our gratitude to you and your staff for your efforts on the Babcock Ranch comprehensive plan and land development code amendment applications. Thank you. We look forward to our continuing work over the coming months on this very exciting project. This letter and the attached materials provide additional information regarding the application materials that we filed on September 30, 2005 and respond to the questions, comments and suggestions that we have received since that time from Charlotte County staff. Based upon our discussions and staff comments, it appears there are several issues needing clarification, summarized below, in addition to the detailed responses in the attachments. The Interim Overlay Amendments are part of a Comprehensive Babcock Ranch Solution These interim overlay amendments are part of a comprehensive proposal regarding the future of the Babcock Ranch, which includes the following interrelated and essential components:

1. The sale to the State of Florida and Lee County of 73,472 acres of the Babcock Ranch (67,814 in Charlotte County and 5,658 in Lee County).

2. The approval of an Interlocal Planning Agreement between Kitson and Partners,

Charlotte County, Lee County and the Florida Department of Community Affairs for the 17,890 acres of lands in Charlotte and Lee Counties not being sold to the State.

3. The adoption of Interim Overlay Amendments for the 13,686 acres of lands in

Charlotte County not being sold to the State. Each of these components are contingent upon the others being approved and becoming final. In other words, all three must be accomplished for any of them to go forward. Accordingly, these applications must be considered in this context. To assist in your review, we provide the following brief status update on each component.

SINCE 1946

Mr. Thomas A. Cookingham November 4, 2005 Page 2 As to the sale, the Agreement for Sale and Purchase has been executed by Kitson and the Florida Department of Environmental Protection, Division of State Lands. This Agreement will be considered by the Governor and Cabinet at their meeting on November 8, 2005 and by Lee County at their meeting on November 15, 2005. We have provided a complete copy of the Sale Agreement in the attached materials. As to the Interlocal Planning Agreement, Kitson is continuing to work with Charlotte County, Lee County and DCA on drafts with the goal of finishing it in the next week. Lee County plans to consider the Interlocal Planning Agreement at its meeting on November 15, 2005, along with the Sale Agreement. We hope that Charlotte County will consider the Interlocal Planning Agreement at its meeting on November 22, 2005, understanding that it will certainly change based upon continuing discussions between and among Charlotte County, Lee County, the applicant and DCA. As to the Interim Overlay Amendments, the Planning and Zoning Board will consider them on December 5, 2005, and the Board of County Commissioners will consider them on December 14, 2005, both for transmittal purposes. If approved for transmittal, they will then be considered by DCA, which will result in DCA’s Objections, Recommendations and Comments report. Following receipt and review, the Board of County Commissioner would then consider the adoption of the amendments. If adopted, DCA will conduct its “compliance review” and issue a Notice of Intent with that decision. This decision is expected in late February or Early March of 2006. The Applications Request the Creation of an Overlay District There may have been some confusion about whether the application requests an Overlay or a New Community as those are addressed in the Comprehensive Plan. To clarify, Kitson is proposing the creation of a new Overlay District in accordance with Objective 2.5 (Overlay Districts) of the Future Land Use Element which states that “Charlotte County will identify areas on the Future Land Use Map which require unique consideration for land density and development activities.” To make the application clearer, we have changed the name of the overlay from “The Babcock Ranch CPA (BR-CPA)” to “Babcock Ranch Overlay District (BROD).” We will need to discuss with you how best to codify these amendments if they are adopted. Perhaps they could be reformatted as Objectives and Policies under Objective 2.5 of the FLUE or they could be added to the end of the FLUE as new objectives and policies. On this point, we have simply changed the name and converted the goals to objectives, in addition to the substantive revisions to the policies. We have included a new policy regarding public participation in the creation of master plans for development within the BROD, which will also be included in the future Rural Land Stewardship to be created. Because of the unique circumstances presented by the lands in the

Mr. Thomas A. Cookingham November 4, 2005 Page 3 BROD, public input will be a key part of the creation of the master plan, including design of the town center and villages, schools, greenways and parks. We have also added new policies to the BROD, referenced below, which address additional issues. Urban Sprawl. The proposed Babcock Ranch Overlay District does not constitute urban sprawl. In fact, through the creation of a well-planned mixed-use new town, sprawl will be avoided. The current land use provides for a monoculture of extremely low density development, allowing 10 acres ranchettes to cover the great majority of the Babcock Ranch. The resulting settlement pattern would constitute the worst kind of sprawl, with increasing cost of providing services and fragmentation of agriculture and environmental resources. Included in Attachment S are several articles addressing the rural sprawl issue. Instead, the BROD Overlay is founded on innovative smart growth principles and strategies which encourages clustering while protecting environmentally sensitive areas. Please refer to FAC 9J-5.006(5)(1) which states as follows:

“Innovative and flexible planning and development strategies. Notwithstanding and as a means of addressing any provisions contained in subparagraphs 9J-5.006(3)(b)8., 9J-5.011(2)(b)3. and subsection 9J-5.003(140), F.A.C., and this subsection, the Department encourages innovative and flexible planning and development strategies and creative land use planning techniques in local plans. Planning strategies and techniques such as urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, mixed-use development and sector planning that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services, will be recognized as methods of discouraging urban sprawl and will be determined consistent with the provisions of the state comprehensive plan, regional policy plans, Chapter 163, Part II, F.S., and this chapter regarding discouraging the proliferation of urban sprawl.”

Please also refer to our detailed responses to Mr. Tom Scott’s questions and comments regarding urban sprawl, which are included in attachment E. Additionally, the BROD is part of the comprehensive proposal which will result in the public ownership, for conservation purposes, of 73,472 acres of the Babcock Ranch outside of the BROD area. The combination of clustered, mixed-use development with this public acquisition will insure that the Babcock Ranch does not become another example of low density rural sprawl.

Mr. Thomas A. Cookingham November 4, 2005 Page 4 The TDU Waiver or Exemption is an Essential Component of the Comprehensive Proposal The Babcock Ranch Overlay District and its encompassing strategies present a unique opportunity to address a multitude of issues of public good and concern. Apart from limiting and concentrating growth to a segment of the ranch, the plan also provides a timely solution of regional significance in the context of providing potable water for the Babcock Ranch community and the western sections of Charlotte County – at a time when the Peace River Water Authority had acknowledged that they can no longer meet existing and future demands. The applicant had also agreed to incorporate education as an integral component of the Babcock Ranch Overlay District by inviting and allocating land requirements for the extension of the Florida Gulf Coast University Campus. In addition, given the site’s strategic landward and topographical suitability, the applicant is committed to providing hurricane shelters for the Babcock Ranch Overlay District and the greater areas of Charlotte County. In realizing that the greater area of Babcock Ranch presents environmentally sensitive areas, innovative strategies are deployed to restrict and contain development within the demarcated portion of the Babcock Ranch, herein referred to as the Babcock Ranch Overlay District. The greater areas of the ranch comprising of approximately 74,000 acres of the Babcock Ranch are contracted to be sold to the State for preservation and conservation purposes – these preserve areas will be placed under conservation easements and managed in perpetuity. The transaction between the applicant and the Babcock Ranch owners, however, includes the entire ranch, which transcends the boundaries of the Babcock Ranch Overlay District. In the absence of an innovative plan, the applicant could choose to subdivide the ranch in its entirety into 10 acre and 40 acre estate lots as permitted by the current land use plan. Instead, the applicant chooses to limit growth within the demarcated areas of the Babcock Ranch Overlay District and work with the State to delineate lands for conservation and preservation purposes for the greater Babcock Ranch areas. Understanding this enormous undertaking, the TDU waiver or exemption is an essential component. Revised Policies Incorporating Staff Suggestions Based upon staff suggestions and discussions, we have made additional revisions to the comprehensive plan and land development text amendments included in section 4 of the application materials. We have also included a revised Babcock Ranch Overlay District Future Land Use map. Additionally, we have also revised the Conceptual Schematic Layout to include a town center typical per Mr. Cookingham’s request at the meeting dated September 15, 2005. We would ask that your staff analysis, report and recommendations be based upon these revised proposed amendments as well as the revised map and Conceptual Schematic Layout and that consideration for transmittal by the Planning and Zoning Board and Board of County Commissioners likewise be based upon these versions. The relevant documentation is as follows:

Mr. Thomas A. Cookingham November 4, 2005 Page 5 Attachment 1: Revised Section 4, Goals and Policies Attachment 2: Amended Babcock Ranch Overlay District Future Land Use Map Attachment 3: Conceptual Schematic Layout Additional Information and Analysis The following additional analyses or information responds to questions, comments and suggestions that we have received from County staff up to and including October 30, 2005. Some of these materials have already been provided to certain staff members. We have also provided boxes of data and information regarding the water resources on the Babcock Ranch to the consultant for Charlotte County Utilities, James E. Scholl, P.E. of Malcolm Pirnie, Inc., which are not included in this response.

(a) A summarized linear phasing plan for the BROD is attached hereto as Attachment

A. The phasing plan provides for residential and non-residential construction in conjunction with development of transportation improvements, workforce housing, schools (including FGCU) and other major components of the BROD plan.

(b) Overview of Transportation Capital Improvements and Funding Sources,

Attachment B. (c) Revised Public Facilities Acreage Allocation summary, Attachment C.

(d) Copies of the Sales Contract between Kitson and the State of Florida and the most recent draft of the Interlocal Planning Agreement, Attachment D.

(e) Planning related questions from:

(1) Tom Scott, Attachment E-1 (2) Joan LeBeau, Attachment E-2 (3) Jie Shao, Attachment E-3

(f) Parks and Recreation, Attachment F.

(g) Affordable Housing Responses, Attachment G.

(h) Solid Waste Responses, Attachment H. (i) Environmental Responses (as previously provided), Attachment I.

Babcock Ranch CPA Applicant’s Responses – November 4, 2005

Master Table of Contents Cover Letter Outlining Responses

Attachment 1: Revised Section 4, Goals and Policies Attachment 2: Amended Babcock Ranch Overlay District Future Land Use Map Attachment 3: Conceptual Schematic Layout Attachment A: Linear Phasing Plan Attachment B: Overview of Transportation Capital Improvements and Funding

Sources Attachment C: Revised Public Facilities Acreage Allocation Summary Attachment D: Sales Contract Between Kitson and the State of Florida DRAFT Interlocal Planning Agreement Attachment E: E-1 Planning Related Questions from Tom Scott E-2 Planning Related Questions from Joan LeBeau E-3 Planning Related Questions from Jie Shao Attachment F: Parks and Recreation Attachment G: Affordable Housing Responses Attachment H: Solid Waste Responses Attachment I: Environmental Responses (as previously provided) Attachment J: Transportation Responses Attachment K: Drainage/Surface Water Management Responses (as previously

provided) Attachment L: Water Supply and Recharge Responses (as previously provided) Attachment M: Hurricane Evacuation Responses Attachment N: Human Services Transit Responses Attachment O: Miscellaneous Sufficiency Responses Attachment P: Schools – Revised Analysis to Correct Spelling Attachment Q: Revised Response to Policy 1.4.5 (page 3 of 13, Section 10) Attachment R: Economic Analysis Attachment S: Development Inquiries Attachment T: Articles on Rural Sprawl

* Go to Master Table of Contents *

ATTACHMENT 1 REVISED SECTION 4, GOALS AND POLICIES

Section 4, Land Use Classification Page 1 of 11 Babcock Ranch CPA Overlay District 11/4/05

THE BABCOCK RANCH OVERLAY DISTRICT (BROD) The Babcock Ranch Overlay District (BROD) serves as an overlay to the Future Land Use Map. The BROD encompasses 13,686 acres, situated in the southwest portion of Babcock Ranch and within the East County planning area. The BROD serves as an interim step in the long-term future of the approximate 91,362 acre Babcock Ranch, to provide certainty while a Rural Land Stewardship Program (RLSP), pursuant to F.S. 163.3177(d)(11) is created. The stewardship program is an innovative technique that protects the environment and character of rural areas, promotes a viable agricultural economy and controls urban sprawl. The RLSP as applied to this property, once created, will include protection of natural resource areas (NRA) in concurrence with the State’s purchase of approximately 74,000 acres located within Babcock Ranch. In recognizing that the BROD encompasses a segment of the greater area of environmental lands within the Babcock Ranch, the application of the RLSP principles have been employed in planning for the proposed new community and this Overlay. During the initial planning stage for the BROD, environmentally sensitive lands [the natural resource areas (NRA)] serve as a framework for guiding future development areas. These NRA’s prioritize what open space should be protected and what open space should be available to development. The NRA’s will assure the protection of critical ecological sites and linkages that would serve as a managed network of wilderness - animal and plant habitats, greenways and parks, in advance of planning and construction of infrastructure and development. In addition, through the application of careful planning, these NRA’s would also serve to demarcate development boundaries, curb urban sprawl and shape urban form. The development will be a self-sustaining mixed-use community with the establishment of areas and sub-areas within environmentally integrated planned surroundings. The BROD would include residential, commercial, office, light industrial, recreational and public and quasi-public facilities. A cohesive network of roadway connectors, pedestrian-friendly streets, parks, greenways and trails will link areas and sub-areas within the BROD. Also recognizing the strategic landward location of its locality and topographic suitability, the BROD serves as a desired place for the provision of hurricane shelter and evacuation for the community and for adjacent coastal regions. The BROD will consist of a Town Center and adjacent mixed-use Villages, described as follows:

• The Town Center will serve the adjacent Villages as the focal point of the new community, internalizing vehicle trips. Total commercial area (includes retail, professional office, light industrial) shall consist of approximately 6 Million sq. ft.

• Villages will include a wide range of single family, multi-family and institutional

uses (public and quasi-public facilities – including but not limited to schools, EMS/fire services, churches, assisted living facilities and other such facilities that contributes towards self-sustaining neighborhoods) and neighborhood support commercial uses. The maximum permitted number of residential units is limited

Section 4, Land Use Classification Page 2 of 11 Babcock Ranch CPA Overlay District 11/4/05

to 17,870. Neighborhood Commercial Centers designed to cater to serving the basic needs of its residents, forms a central and integral focal point within the Villages.

A community consensus building effort with public participation is required for development within the BROD and is essential in determining distinct community characteristic and specifics of the plan. OBJECTIVE 1: Creation of a well planned new community within the East County

planning area for alternative uses through the establishment of the BROD in Charlotte County.

POLICY 1.1: The BROD allows for the creation of a mixed-use community with the

establishment of areas and sub-areas, including residential, commercial, office, light industrial, recreational and public and quasi-public facilities. Development parameters for the BROD shall be limited as specified in the table listed below:

Land Use

Classification Development Type Percent Land

Use Allocation Density

DU/Acre Intensity (FAR)

Town Center - Residential: - Non-residential: (commercial, retail, light industrial)

10-20% (1) 5-10% (1)

6-24 du/ac Up to 2.0

Village –Residential Neighborhoods

Single/Multi-family 45%-65% (1)(2) 3-6 du/ac 6-16 du/ac

Up to 1.0

Village - Neighborhood Commercial (Mixed-Use)

Residential: Non-residential/Commercial:

Up to 5 % (1) Up to 5% (1) commercial mix

3-16 du/ac Up to 1.0

Public/ Quasi-Public facilities

Institutional uses, schools government facilities, etc.

Up to 5% (1) N/A Up to 2.0

Open space Refer to Policy 5.3

Minimum 35% (3) N/A N/A

Note: (1) Based on developable lands acreage (2) Percent land use for combined total Village – Residential Neighborhoods Allocation (3) Based on gross lands acreage

POLICY 1.2: The BROD will consist of a Town Center and adjacent self-sustaining

neighboring Villages. The Town Center is oriented towards serving the residents of the Town Center and neighboring Villages within the Overlay and will also serve to support the surrounding area. The commercial uses located within the Town Center shall be accessible to the adjacent Village developments and must be designed to provide for a safe pedestrian environment and pedestrian access. The public facilities are intended to allow a range of public and quasi-public uses including but not limited to;

Section 4, Land Use Classification Page 3 of 11 Babcock Ranch CPA Overlay District 11/4/05

educational facilities, utilities, fire/EMS, police substations, churches and others.

POLICY 1.3: The Villages – Residential Neighborhoods would provide for a wide-range

of energy-efficient housing types, materials and practices consisting of single-family and multi-family residential units that will cater to a wide range of economic levels and age groups, including permanent, as well as seasonal residents. Residential neighborhoods should reflect compact building design typical of smart growth communities. Traditional neighborhood design and conventional housing types are envisioned to appeal to a broad range of buyers. This will include the creation of new design standards in the land development code necessary to promote the smart growth community envisioned.

POLICY 1.4: The Villages - Neighborhood Commercial Centers form an integral part of

the each Village and is designed to provide for daily and basic needs of the surrounding neighborhoods. The Neighborhood Commercial Center must be centrally located to provide for convenient pedestrian access to and from adjacent neighborhoods. The Neighborhood Center will provide for a mix of land uses consisting of neighborhood commercial uses including but not limited to, personal and household service establishments, public facilities, and other similar services designed to meet the needs of its neighborhood.

POLICY 1.5: In creating self-sustaining communities, Public and quasi-public facilities

would be located as an integral part of the Villages, including the location of public facilities such as schools, parks, sheriff sub-stations, fire stations, government offices and other public services within the Town Center and Villages-Neighborhood Commercial Centers.

POLICY 1.6: A schematic preliminary land use layout for the BROD, referred to as

Exhibit 1, provides guidance on the mix and the location of the general use categories within the Babcock Ranch community. This is an illustrative layout and should not be considered a final conceptual plan (as that plan will be created through the community design process).

POLICY 1.7: The master plan for development within the BROD shall be created

through a collaborative, consensus-building community design process. The goal of the community design process is to harness the thoughts and interests of stakeholders and interested parties, to create an integrated community that fosters civic life, walkability, human interaction, economic health, sustainability, and preservation of the natural environment.

Section 4, Land Use Classification Page 4 of 11 Babcock Ranch CPA Overlay District 11/4/05

OBJECTIVE 2: The Town Center and Village requirement will provide an alternative to scattered, low-density single-use residential development, with sprawl limiting characteristics that will preserve open space, natural beauty and critical environmental areas that would contribute positively to the quality of life for the residents within the BROD as well as all of Charlotte County.

POLICY 2.1: Environmentally sensitive lands or natural resource areas within the

BROD serve as a framework for guiding future development. The natural resource areas will shape urban form and demarcate new development boundaries for the Overlay.

POLICY 2.2: In addition to protecting critical ecological areas and linkages that will

serve as a managed network of wilderness areas; the natural resource area would also contribute to greenways, trails and parks, and will serve to define broad planning areas and construction of infrastructure and development.

OBJECTIVE 3: Development and implementation of the forthcoming Rural Land

Stewardship Program (RLSP) shall serve as a strategy in preserving environmentally critical lands within the BROD

POLICY 3.1: The principles set forth in F.S. 163.3177(d)(11) RLSP shall serve as a

guide to creating the development parameters for development within the Overlay, as this will ensure consistency in preserving a cohesive network of environmentally sensitive lands within the designated area. Because of these planning principles and the planned sale to the State of Florida of approximately 74,000 acres of the Babcock Ranch, the BROD is exempt from Charlotte County’s existing Transfer of Density Units (TDU) Program.

POLICY 3.2: The RLSP will be developed within two (2) years or less of the final

approval of this BROD. If the Rural Land Stewardship Overlay is adopted and becomes final within said two years, then immediately upon such finality, the BROD shall no longer be of any force and effect. The applicant shall prepare and submit the necessary applications to sunset the BROD.

POLICY 3.3: The applicant shall prepare and submit the necessary requirements to

create the RLSP no later than June 30, 2006. If the permanent RLSP has not been adopted within two years of the final approval of this BROD, then this BROD shall become the permanent overlay for Area 6.

OBJECTIVE 4: Pedestrian friendly features that support walkable communities will

be incorporated within the BROD.

Section 4, Land Use Classification Page 5 of 11 Babcock Ranch CPA Overlay District 11/4/05

POLICY 4.1: The Overlay district will include appropriate mixed-use and smart growth urban design principles in generating vibrant walkable communities. Recognizing that sidewalks alone will not induce walking, other pedestrian friendly features such as, but not limited to: the appropriate mix of densities and uses, compact street intersections, greenway trail system, and neighborhoods that are properly scaled for people, are required within the BROD.

POLICY 4.2: Development within the BROD requires at a minimum the following

design features: • Clustered and compact smart growth neighborhoods, discouraging

urban sprawl and building a sense of place and community, • A functional balance between residential and non-residential land

uses by encouraging a mix of land uses within the Town Center and Villages,

• Mixed use, providing greater variety of uses and densities that bring destinations and origins closer together with infrastructure that provides more incentives and propensity for people to walk,

• Pedestrian orientation, with basic amenities and facilities located within a 1/4 mile radius (or 5 minute walk) from center to the edge of Neighborhood Commercial Centers, thus reducing reliance on the automobile,

• Environmentally sensitive planned development standards shall be created to achieve the conservation of important environmental resources. Area wide surface water management will be enhanced as a result of this effort,

• Attention to the creation of micro-climatic conditions, which will encourage walkability, shall include but not be limited to shaded paths, tree-lined streets, shaded structures, rest-areas and other forms of architectural elements to encourage pedestrian movements.

OBJECTIVE 5: Foster distinctive, attractive communities with a strong sense of place

within the BROD POLICY 5.1: The Town Center shall serve as a Gateway into the BROD that provides a

physical introduction to a unique and distinctive quality of life. The Town Center will provide a positive impact and serve as a benchmark for compact community planning.

POLICY 5.2 Preserve scenic views and vistas within the BROD that provide visual

cues (such as open space and other prominent natural features) to introduce or signal the transition from one zone to the other. This includes the appropriate location, concealment or control of the location of utilities and necessary infrastructure elements within the Overlay.

Section 4, Land Use Classification Page 6 of 11 Babcock Ranch CPA Overlay District 11/4/05

POLICY 5.3 Open space shall comprise 35% of gross land acreage of the BROD. Open space means areas of preserved indigenous native vegetation and areas replanted with vegetation after construction, such as natural systems, lawns, landscaped areas, greenways, outdoor recreational facilities, community and neighborhood parks, bodies of water (existing or proposed), archaeological sites, plazas, atriums, courtyards and other similar public spaces.

POLICY 5.4 Create open and public spaces, whether built or natural, active or passive,

providing a venue for public interaction and vibrant exchange among neighbors. This would contribute to the feeling of “community” that will foster a strong sense of place as well as enhance the aesthetic quality of the surrounding area.

POLICY 5.5: A community and stakeholder consensus-building effort will determine

the distinctive community characteristics of the built environment for the BROD. The visioning efforts would be implemented parallel with the review and processing of the forthcoming RLSA, and in accordance with in Policy 1.7 above.

OBJECTIVE 6: Transportation within the BROD will be planned and coordinated in

creating a safe and secure pedestrian environment as well as a balanced mix of transportation options.

POLICY 6.1: The Town Center serves as a Gateway to the community, and shall be

planned and located within the major roadway network, and will be designed to meet either arterial or collector standards. The Town Center is to be located in an area that is accessible to the residents of the neighboring Villages without leaving the Overlay boundary.

POLICY 6.2: The Village concept services an area within a 1 to 1.5 mile radius. This

distance characteristic provides for an efficient network of essential services (such as Fire/EMS) in supporting the BROD.

POLICY 6.3: A cohesive transportation system that includes supportive land use and

development is to be applied within the BROD. This shall include the coordination of land uses and transportation networks such as bicycle, pedestrian, road, personal transportation {such as Electric Urban Vehicles (EUV)} including other low emissions forms of transportation, Segways and transit facilities. Connectivity between these multimodal approaches is necessary to an effective transportation system.

POLICY 6.4: Streets located within the Villages shall be properly scaled to the

neighborhood. Such streets will have slower speeds, pedestrian orientation and will be compatible with a mix of residential, commercial and retail uses.

Section 4, Land Use Classification Page 7 of 11 Babcock Ranch CPA Overlay District 11/4/05

POLICY 6.5: Transit-friendly design features are required, such as:

• Mixed land uses either vertically or horizontally. The mixed land uses would reduce “external” trip making activity, shorten trip length, and capture trips internally,

• Inclusion of Public, Quasi-Public and Civic uses as an integral part of the Town Center and Villages-Neighborhood Commercial Center would be encouraged,

• Placement of higher density and senior housing near commercial centers and civic uses would be encouraged,

• Design of the street networks with multiple connections and direct routes would be encouraged.

OBJECTIVE 7: Provision of transportation facilities needed to serve the BROD shall be planned and constructed in a timely and coordinated manner.

POLICY 7.1: Transportation infrastructure to serve the BROD will be in place at the time the individual phase of development occurs, or funded through an appropriate capital improvements program and scheduled to be in place within three years from the issuance of development permit for the individual phase of development approval.

POLICY 7.2: Charlotte County will support amending the below described transportation

planning maps to reflect transportation improvements to serve the BROD, with appropriate funding from the development within the Overlay:

• Map 2025 Needs Assessment Traffic Circulation • Map 2025 Cost Feasible Projects • Map 2025 Cost Feasible Circulation POLICY 7.3: Charlotte County will support an update to the Charlotte County MPO 2025

Road Needs Plan to reflect improvements required to support the BROD development beyond the year 2025.

POLICY 7.4: Charlotte County will support an update to the Charlotte County 2025 Cost

Feasible Projects and 2025 Cost Feasible Circulation plan to include the roadway and corridor recommendations required to support the BROD.

POLICY 7.5: Working with the owners/developers of the Babcock Ranch, Charlotte

County shall support the reservation of the ultimate required right-of-way along SR 31 from the Lee/Charlotte County Line to CR 74 and encourage Lee County to reserve a consistent right-of-way from North River Road north to the Lee/Charlotte County Line.

POLICY 7.6: Using mixed-use planning and a compact urban form, including

commercial, office, industrial and institutional uses, contemplated herein,

Section 4, Land Use Classification Page 8 of 11 Babcock Ranch CPA Overlay District 11/4/05

the internal capture rate for vehicle trips shall be maximized, with a targeted internal capture rate of 50% to 60%.

POLICY 7.7 Transportation planning shall also include consideration of mass transit (including planning for future corridors), as an integrated component in the planning and design process for the property, and will be designed for connectivity to larger regional systems, both present and planned.

OBJECTIVE 8: A regional systems approach to environmental planning and design

shall be incorporated as an integrated element within the BROD POLICY 8.1: Naturally occurring wetlands within the BROD area, which have not been

significantly degraded, shall be designated as preserve areas to the greatest extent possible. These wetlands will be protected based upon the wetland functionality assessment outlined in the Uniform Wetland Mitigation Assessment Method and final permitting requirements of the South Florida Water Management District. Limited uses in preserve areas such as greenways and nature trails, bicycle paths, cart paths, boardwalks, and utility easements and the like shall be allowed when permitted by appropriate local, state and federal agencies. The use of wetland areas for water management, to the extent allowed by law, shall be pursued. Wetland areas currently being used as water management areas on the Property may be relocated if: (1) all approvals are obtained from appropriate Local, State and Federal agencies, and (2) the affected wetland functions are replaced on the Property. Limited crossings of such wetlands may be allowed when: (1) it is the only feasible route to serve existing or designated future urban development areas, (2) the crossing is culverted or bridged to the greatest degree possible, maintaining pre-development volume, direction, distribution, and surface water hydroperiod, or (3) equivalent mitigation is provided.

POLICY 8.2 The design of on-site open space areas shall, where feasible and practical, be integrated with adjacent preserve areas so as to enhance habitat for small mammals and wading birds.

POLICY 8.3: Historic flow-ways will be restored within preserve areas where flow-ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors. Historic flows may also be restored within developing areas through the surface water management system design and permitting process.

POLICY 8.4: A surface water management system that incorporates the functions of the natural on-site system shall be encouraged, to the greatest extent possible.

Section 4, Land Use Classification Page 9 of 11 Babcock Ranch CPA Overlay District 11/4/05

OBJECTIVE 9: Functional recreation and open space design elements shall be incorporated within the BROD

POLICY 9.1: Uses including, but not limited to, picnic areas, greenway trails, benches, boardwalks, golf courses, water management systems, biking/jogging/equestrian trails, vita courses, bird viewing blinds/tower, and interpretive facilities shall be permitted within functional open areas.

POLICY 9.2: The open space areas shall be replanted with vegetation after construction. At least seventy five percent (75%) of the total number of required trees used in buffers and landscaping must be indigenous, and at least fifty percent (50%) of the shrubs must be indigenous. Plant material used for revegetation must conform to the standards for Florida Number 1, or better as given in Grades and Standards for Nursery Plants 1973, and Grades and Standards for Nursery Plants, part II, Florida Department of Agriculture and Consumer Services, Tallahassee, Florida.

POLICY 9.3: Australian pine, Brazilian pepper, downy rose myrtle, Cuban laurel, melaleuca (cajeput), bishop wood, castor bean, common papaya, common snake plant, day jasmine, hunters robe, Queensland umbrella tree, trailing wedelia may not be used. Any such plants that exist on a parcel for which a development order has been issued shall be removed during the site clearing and preparation of the subject property, including areas within the boundary of the subject parcel, which are not within the footprint of any proposed structures or other improvements.

POLICY 9.4: Golf courses planned in areas with significant existing vegetation will observe the Audubon International certification program or other comparable program. Golf courses shall be planted consistent with good golf course design principles.

OBJECTIVE 10: A range of housing opportunities, including workforce housing is

required. POLICY 10.1: Provide a diversity of housing types to enable citizens from a wide range

of economic levels and age groups within the Babcock Ranch-CPA. This would include the provision of workforce housing.

OBJECTIVE 11: In consideration of its landward location and topographic suitability,

the BROD would provide hurricane shelters and evacuation plans. POLICY 11.1: Schools and other adequate community facilities (not limited to cafeterias,

stadiums, gymnasiums and others) located within the BROD shall be designed to serve as hurricane shelters for communities within the Overlay and also a portion of the greater area of Charlotte County. The facilities are to be built to withstand wind-loads in accordance with ASCE (American Society of Engineers) 7-98 or ANSI (American National Standards Institute) A58 (1982) structural design criteria.

Section 4, Land Use Classification Page 10 of 11 Babcock Ranch CPA Overlay District 11/4/05

OBJECTIVE 12: Incorporate a variety of financial strategies to assist the development

of the Babcock Ranch, as a self-sustaining and contributing community

POLICY 12.1: Encourage a variety of financing tools and strategies to fund capital

improvement programs within the Overlay, such as Community Development Districts (CDD), Special Districts, Business Improvement Districts (BID), Tax Increment Financing (TIF) and other viable financing strategies to fund infrastructure improvements and achieve fiscal neutrality.

OBJECTIVE 13: To serve the BROD with state of the art utility infrastructure. POLICY 13.1: Town and Country Utility Company (TCUC) would supply water, treat

waste water and supply irrigation water for the BROD, subject to all applicable permit issuance.

POLICY 13.2: To develop a fiber-optic and/or wireless telecommunications infrastructure

to support voice, video, data and security network systems, where feasible. OBJECTIVE 14: The adoption of Intergovernmental Coordination Agreement to

coordinate county efforts and services that traverse County lines. POLICY 14.1: Jurisdictional efforts and services relevant to the establishment of the

BROD shall be identified via an approved Interlocal Agreement between Charlotte County, Lee County, Florida Department of Community Affairs and Kitson and Partners, LLC.

OBJECTIVE 15: Ensure that development within the BROD is in conformance with the

objectives and policies stated herein and implemented in a coordinated and timely manner.

POLICY 15.1: Specific Babcock Ranch Overlay District Land Development Regulations

shall be created for the BROD. The BROD, or any part of it, shall only be developed in accordance with the Babcock Ranch Overlay District Land Development Regulations or as a Planned Development. Should development occur in a series of phases, each phase must meet the policies and criteria described herein.

POLICY 15.2: The BROD must be served with all necessary facilities and services in a

manner that is fiscally neutral to the County. Community Development Districts, special taxing districts and other creative financing tools may be utilized to meet this requirement

Section 4, Land Use Classification Page 11 of 11 Babcock Ranch CPA Overlay District 11/4/05

POLICY 15.3: If public infrastructure is extended to serve both the general public and the BROD and is funded by the developer, then the developer shall be entitled to credits for that portion of the infrastructure that benefit other developments or the general public.

POLICY 15.4: The County shall consider the increase of road, school, and park impact fees and the establishment of districts that might fund public facilities that support the BROD, if necessary.

POLICY 15.5: Transportation revenues generated within the Babcock Community, including, but not limited to, roads impact fees, gas taxes, and special assessments, shall be spent within the general Project study area on roadway improvements needed to support the BROD.

POLICY 15.6: Charlotte County will issue no certificates of occupancy for any

development within the BROD until the site is served by roads, potable water, sanitary sewer and drainage infrastructure, and such utilities and infrastructure, which are operating at a Level–of-Service at or above the level of service adopted by the County.

POLICY 15.7: Because a majority of the Babcock Ranch will be sold to the State for

preservation and conservation purposes, and in recognition of innovative planning, clustered development and self sufficiency of the BROD as required by the preceding Objectives and Policies, development within the BROD is exempt from any transfer of development rights policies in this Comprehensive Plan and with the Transfer of Development Units requirements of the Land Development Code. The Land Development Code shall be amended in accordance with this policy.

* Go to Master Table of Contents *

Go to Attachment 1

ATTACHMENT 2 AMENDED BABCOCK RANCH OVERLAY DISTRICT FUTURE LAND USE MAP

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As Shown2005569309/23/05

Babcock RanchComprehensive Plan Amendment

Charlotte County, Florida

2158 JOHNSON STREET

P.O. BOX 1550

FORT MYERS, FLORIDA 33902-1550PHONE (239) 334-0046

FAX (239) 334-3661

E.B. #642 & L.B. #642

SHEETSCALEFILE NO.PROJECTDATE

PROPOSED FUTURE LAND USE MAP

BABCOCK RANCHOVERLAY DISTRICT

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LegendFuture Land Use (1997):

Agriculture

Airport Commerce Park

Charlotte Harbor CRA

City

Coastal Residential

Commercial Center

Commercial Corridor

High Density Residential

High Intensity Industrial

Low Density Residential

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Medium Density Residential

Mixed Use

Murdock Village Mixed Use Redevelopment

Parks & Recreation

Preservation

Public Lands & Facilities

Recreational Vehicle Park

Resource Conservation

Rural Estate Residential

BoundaryBabcock Ranch Overlay District

0 2.5 5

Miles tu41

tu41

§̈¦75

§̈¦75

00-00-00

Revised 11/02/05

* Go to Master Table of Contents *

Go to Attachment 3