Hearing examiner hears request to rezone 1.9-acre remnant on Old US 41 to Intensive Commercial

A Lee County hearing examiner heard presentations and testimony on Oct. 15 for a request to rezone a 1.9-acre agricultural remnant at 16420 Old US 41 to the Intensive Commercial (CI) zoning district.

Alexis Crespo, a certified planner with RBI Planning, told the hearing that the triangular remnant is part of a combined 5.29-acre parent parcel and that the applicant is seeking CI zoning to allow commercial and light-industrial uses consistent with the corridor. "We are requesting the intensive commercial or CI zoning district for the property," Crespo said, and described the site as "just under 2 acres in size." She said the parcel is accessed from Old US 41 through adjacent property under common ownership and that the CI district better aligns with existing industrial and commercial uses along the corridor.

Owner representative Mike Jones said the triangular remnant is vacant and described existing structures on the front portion of the combined parcel. "It's vacant right now," Jones said of the triangular section, and told the examiner the owners have combined the lots and are seeking to make the property more marketable.

Brianna Schrader, a planner in the county zoning section, reviewed the staff report (staff exhibit 3) and summarized site history, public-service availability and regulatory requirements. Schrader said Lee County Utilities provided letters confirming potable water and sanitary sewer availability, that emergency services are within about two miles, and that the remnant sits in the urban community future land use category. She told the hearing that the application "is consistent with the Lee Plan and Land Development Code" and that staff recommends approval.

Schrader also outlined next steps and conditions the applicant will face if development proceeds: a development order review is required that will evaluate traffic and access, landscaping, buffering, setbacks and stormwater; an Environmental Resource Permit from the South Florida Water Management District will be required before development, and the applicant must meet county stormwater and water-quality requirements.

Crespo and staff explained that the combined parcel does not meet the 200-foot frontage normally required for the Light Industrial (IL) district and that an administrative variance was sought to memorialize the existing roughly 100-foot frontage. Crespo said the administrative variance was finalized in May.

Hearing Examiner Donna Marie Collins raised a question about Lee Plan policy 7.1.7, which seeks to avoid routing industrial traffic through predominantly residential areas south of the site, and asked whether that policy had been considered. Staff and the applicant said the immediate area along Old US 41 in this location has an established industrial character and that the CI district provides a transition without requiring a planned development rezoning.

No members of the public spoke at the hearing. After closing arguments, Examiner Collins said she felt prepared to decide, will conduct a site visit to observe the parcel and surrounding corridor, and expects to issue a written final decision within about a week.

The hearing record includes applicant exhibits (the 48-hour memo and a PowerPoint) and staff exhibit 3 (staff presentation and report). The case is recorded in county files as REZ2025-00012; staff recommended approval but the final action will be the hearing examiner's written decision following the site visit.