September 16, 2024 – Ft. Myers, FL — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals at offices throughout the East Coast, is pleased to have defeated a proposed rezoning in Upper Captiva from a residential district to Commercial Planned Development to permit a hotel, retail, and office space.
Becker shareholder and certified land planner Kathleen “Katie” Berkey, AICP, who is also certified by the Florida Bar in City, County, and Local Government Law, represented client Van Hammond, an abutting property owner leading an organized opposition effort to the proposed rezoning of 1.15 acres on Rum Road at Bartlett Parkway in Upper Captiva, a bridgeless barrier island in unincorporated Lee County.
Directly and through Becker and its experts, the residents argued that the development, if approved, would fundamentally change the character of the neighborhood by rezoning the subject properties to permit 21,600 square feet of non-residential floor area immediately adjacent to residential zoning and development west of Rum Road.
Becker also maintained that the proposed development would overburden the existing dirt and shell paths utilized for inter-island transportation and was incompatible with the neighborhood’s long-standing uses and development intensity.
It was also argued that the proposed rezoning was inconsistent with the Lee County Comprehensive Plan, including the North Captiva Island Community Plan and the Outer Islands Future Land Use Category in which the subject properties are located. In addition, the rezoning application was deemed to be incomplete by County staff without a supporting Zoning Traffic Study.
Given the robust and compelling opposition from affected residents and a Lee County staff recommendation of denial, the developer filed a request to outright withdraw the rezoning application right before the first public hearing before the Lee County Chief Hearing Examiner.
Katie Berkey noted, “This fantastic result is due to diligent and proactive efforts of the community, teamwork, and coordination, coupled with the developer’s refusal to listen to and address the concerns of the public and County staff.”
Other key players involved in defeating the proposed rezoning included: Max Forgey, AICP, and Jordan Hester of Forgey Planning in Cape Coral, FL. Local news coverage on the withdrawn rezoning application can be found here and here.
ABOUT BECKER
Becker, with headquarters in Fort Lauderdale, Fla., is a multi-practice commercial law firm with attorneys, lobbyists, and other professionals at offices throughout the East Coast. More information is available at beckerlawyers.com.