Bonita Springs board approves rezoning to preserve West Terry duplexes

The Bonita Springs Land Use Hearings and Adjustments and Zoning Board of Appeals voted unanimously to rezone roughly 1.04 acres at 2702028 Williams Road, 2703638 Williams Road and 2700131 Sun Aqua Lane from Two-Family Conservation (TFC 2) to Residential Plan Development (RPD) to preserve existing duplex structures and cure long-standing nonconformities.

The rezoning matter was introduced by Mike Fegan of Community Development, who told the board the properties predate the city's zoning code and are nonconforming under current TFC 2 standards. "This is a request to rezone a little over an acre from the TFC 2 residential zoning district to a residential plan development," Fegan said, adding the RPD is being used to both cure nonconformities and to address future redevelopment options.

The applicant, represented by attorney Morgan Hyla of the law firm Davies Duke on behalf of West Terry LLC, told the board the parcels currently contain five duplex structures and that the rezoning does not include any immediate new construction. "We're seeking approval of their proposed rezoning for the purpose of bringing the existing structures on the property into compliance status with the city," Hyla said. "It's important to note that we're not seeking to increase the density or to make changes to the existing buildings, the footprints, and no new development is proposed as part of our rezoning request." Charles Thomas, the applicant's land planner, was present but did not offer separate testimony.

Staff and the applicant explained why two deviations were requested. Under the RPD rules staff noted a 15-foot perimeter landscape buffer is normally required, which would prevent existing buildings from meeting setback requirements without moving structures. That buffer/setback deviation was the principal deviation requested; a second deviation was withdrawn following staff review. Fegan described the deviations as necessary because the duplexes already occupy the lots and cannot physically meet the new buffer standard without structural relocation.

The board approved the rezoning with conditions that staff described on the record: the applicant must record a subdivision plat showing lot splits to achieve one duplex per lot; future redevelopment is capped at 10 units (the number currently on site); a recorded plat must be filed with the Lee County Clerk of Courts; and, if single-family redevelopment occurs in the future, design elements from the downtown district (porches, glazing, street orientation) should be incorporated to ensure compatibility with adjacent downtown properties. Staff emphasized several conditions are intended to govern potential redevelopment even though no new construction is proposed now.

The motion to approve the rezoning and the two deviations, with the conditions imposed by the city, passed on a roll-call vote: Board Member Gambrell — yes; Board Member Waterhouse — yes; Board Member Benson — yes; Chairman Rosso — yes; Board Member Galloway — yes; Board Member Winn — yes. The mover and seconder were not specified on the record.

Board members and staff noted the rezoning is primarily intended to regularize an older development that predates the city's code and to avoid requiring multiple variances in the future. Staff said there are similar zoning tools about a half-mile to the west but that this RPD is relatively unique because the project is already built and the rezoning is a tool to achieve conformity. The applicant confirmed the current rental status of the duplexes but ownership details were not specified on the record.

The board completed the rezoning action and moved on to routine items, including approval of minutes and scheduling. A tentative meeting was noted for Feb. 18, 2025.