Lee County approves change to urban community for 13‑acre US‑41 parcel amid strong neighborhood opposition

The Lee County Board of County Commissioners on May 6 adopted a privately initiated future‑land‑use map amendment (CPA 2025‑0000003) that redesignates roughly 13 acres along South Tamiami Trail (US‑41) from suburban to urban community, despite sustained opposition from the Forest Property Owners Association and neighboring residents.

Lindsay Caresy of the county planning section told commissioners the site is undeveloped, is zoned C1 and sits within the coastal high hazard area but has access to utilities and nearby transit stops; staff recommended adoption under the small‑scale review process in Florida statutes.

Attorney Katie Berkkey, representing the Forest Property Owners Association, urged denial, saying the change would materially increase the parcel’s build‑out and that notice procedures had been mishandled. "If this change is adopted, it allows a maximum density of up to 22 units per acre," she told the board, arguing the result would be incompatible with surrounding low‑density neighborhoods and could exacerbate flood, traffic and wetlands impacts.

Certified planner Max Forgi, appearing as the association's expert, told the commission the amendment would "establish a long‑term entitlement on the property" and called the potential density change "a significant and irreversible increase in allowable density on the subject properties." He urged the board to deny the amendment and preserve discretionary control.

Richard Akin, representing the applicant, countered that the map amendment is a high‑level land‑use change, not a site plan, and that "with the change to urban community, it would be an additional seven units per acre," a numerical difference he described as the core issue before the board. Akin said the property could be used for many of the same commercial and multifamily uses today under its existing C1 zoning, and that specific impacts to wetlands, buffering and access would be resolved at zoning or development‑order stages.

County legal counsel told the board that the hearing satisfied the statutory notice required by Chapter 163 of the Florida Statutes and that the county's courtesy mailings and sign postings are not jurisdictional. "The actual notice that's required for this hearing is provided by Chapter 163 Florida statute and you have proper notice for this hearing," the county attorney said.

Residents and association leaders cited Hurricane Ian’s recent damage, the presence of approximately 4.26 acres of wetlands on the parcel as alleged by speakers, concerns about emergency evacuation and traffic at nearby Jonathan’s Bay, and the potential for tall structures to change neighborhood character. Speakers also raised process complaints about a missing or mis‑mailed courtesy notice and requested denial on compatibility and environmental grounds.

During deliberations commissioners weighed the aerial and zoning context along US‑41 — noting extensive commercial and industrial uses on the corridor — against neighborhood concerns about density, height and environmental risk. One commissioner described the decision as a legislative, big‑picture choice about how the corridor should grow. A motion to adopt the map amendment was made, seconded and, after discussion, carried when no commissioners objected.

The board did not record a roll‑call vote or tally in the hearing transcript; the chair announced, "Motion carries," and adjourned the meeting.

Next steps: adoption of the future‑land‑use change creates a new high‑level entitlement; future site‑level zoning or development orders would be required for any specific project, at which point traffic, wetlands mitigation, buffering and setbacks would be subject to detailed review and conditions.