Lee County planning board backs transmittal of map amendment for 13.2‑acre US‑41 parcel amid neighbor objections

The Lee County Local Planning Agency on Feb. 23 recommended transmittal of CPA2025‑0003, a comprehensive‑plan map amendment to redesignate a 13.2‑acre property on South Tamiami Trail from 'suburban' to 'urban community.' The agency voted on a motion to adopt and transmit the amendment to the Board of County Commissioners.

The applicant’s attorney, Richard Aiken of Henderson Franklin, told the LPA the property fronts on US‑41 and is currently zoned C‑1, and that the amendment would allow greater flexibility for future uses. "At this point in time, there is no companion rezoning with the property," Aiken said, adding the owner is considering commercial or multifamily options but has not decided on a final use.

Neighbors and the Forest Property Owners Association (FPOA) urged the agency to deny or delay action. Katie Burkey, representing the association, said she submitted written materials and an expert study and argued the association qualifies as an affected person. Burkey warned the application’s original materials contemplated higher densities under the state Live Local Act and said the plan could allow "upwards of 22 dwelling units per acre" under certain administrative entitlements. "The proposed amendment, if adopted, provides significant incompatible density," she said.

FPOA president Scott Razor and other residents focused on traffic, flood and wetlands risks, with Razor saying turning into and out of Forest Country Club is already difficult and urging additional study. Max Forghi, the association’s planning expert, told the panel the amendment could increase theoretical maximum entitlements from about 185 units (suburban) to 290 units (urban community) and urged denial.

County staff responded that the property is within the coastal high hazard area and that development must meet elevation and stormwater requirements at the development‑order stage. Principal planner Kate Burgess told the LPA that Live Local is a state statute and that some bonus density opportunities in urban areas can reach 22 units per acre, but she said the applicant has removed Live Local references from the current submittal and that staff had not received a Live Local application or pre‑application for this site. "Live Local could be used on this property now, and it's not something that we have any control over, regardless of what the future land use is," Burgess said, adding that staff conducted a worst‑case analysis for traffic and utilities.

Multiple LPA members said their review is limited to consistency with the LEAP plan and not to later rezoning details; several stated they found the request consistent and moved to recommend transmittal. The motion to adopt/transmit CPA2025‑0003 was seconded and approved by voice vote.

Next steps: the transmittal recommended by the LPA sends the amendment on to the Board of County Commissioners for further public hearings and review. Any future rezoning, development orders and specific proposals would be subject to additional public notice and separate approvals.

Quotes in this article are drawn directly from the Feb. 23 public hearing.