March 9, 2007

Charlotte County Board of County Commissioners
Charlotte County Administration Center
18500 Murdock Circle
Port Charlotte, FL 33948

RE: Charlotte County Transfer of Density Units (TDU) Ordinance

Commissioners:

The Conservancy of Southwest Florida and 1000 Friends of Florida have long advocated for responsible growth management in Southwest Florida, and the implementation of effective tools to accomplish that mission. Our organizations appreciate the continued efforts on the part of the Charlotte County Commission to design and implement a functional program that protects vital natural resources, while directing growth to the most compatible areas.

Both the Conservancy and 1000 Friends were active in supporting the County in considering, and were pleased when the Commission enacted, the Transfer of Density Units (TDU) Ordinance in 2004. The TDU Ordinance is viewed by our organizations as a logical and necessary response to Objective 1.4 of the Charlotte County Comprehensive Plan, which calls for the reduction of vacant platted lots in Charlotte County by 1% per year. We also view the TDU program as a major tool in addressing the need to direct growth to areas of the County where they can be sustained and away from areas where there are significant natural resource and wildlife habitat values to be preserved.

We are concerned about a disturbing trend that appears to be forming, wherein piecemeal waivers to the requirements of the TDU ordinance are being requested without the submittal of sufficient scientific and land use planning data and analysis necessary to justify such waivers. Success in achieving Objective 1.4 will, in part, be achieved through adherence to the TDU requirements. The granting of waivers should only occur in rare circumstances where it can be clearly demonstrated that a waiver would accomplish a specific benefit to the community that could not have otherwise occurred.
As an example, the Commission approved a waiver to some of the TDU requirements for Babcock Ranch. Such a waiver was justifiable because this property represented a unique circumstance that permitted the County to conserve a significant area for the protection of listed species.

One of the principal purposes originally stated for the adoption of the TDU Ordinance was:
"…to…direct future growth in a logical, economical, and efficient manner away from those areas of the County less suited for such growth, and toward those areas of the County better suited to provide the public services and facilities necessary for such growth, and for the protection of environmentally sensitive, historic and archaeological resources and bona fide agricultural uses…"
Babcock Ranch should be viewed by the Commission and others as having set a high standard for any future waiver considerations.

The TDU ordinance provides for the County Administrator to rule on requests for waivers, and provides adequate opportunity for appeal to the Board of County Commissioners. Therefore, due process is provided for the redress of complaints against the application of the ordinance.

The Conservancy and 1000 Friends of Florida join the Commission in its concern for the efficacy of the TDU program, and stand ready to support the County in their efforts to maintain the integrity of the program. We applaud you for the action taken to put on hold, further TDU waiver applications, until the Commission can study the potential implications of approving these requests, for the continued success of achieving the Goals, Objectives and Policies of the Charlotte County Comprehensive Plan.

We also hope that your TDU Workshop will serve as a catalyst for discussion of the TDU program, which may lead to a review of the program to determine if improvement can be made. Therefore, we would like to provide some background on key elements that have been component of successful TDU programs in other Counties (see attached Fact Sheet). As Charlotte County begins the re-write of their Comprehensive Plan, these concepts could be useful for incorporation into modifications of the TDU program.

We appreciate this opportunity to share with you our comments and concerns. We look forward to working with the Commission and staff to integrate new planning tools for growth management, improving current processes and developing responses to the many challenges that lie ahead.

Respectfully,

Andrew McElwaine, President & CEO
Conservancy of Southwest Florida

Charles Pattison, President
1,000 Friends of Florida