Lee County staff backs rezoning for North Fort Myers lot; neighbors warn of precedent and road strain

Hearing Examiner Amanda Rivera heard testimony June 10 on REZ 2025-00016, a conventional rezoning petition to change a 1.50-acre parcel at 2990 Rustic Lane (corner of Rustic Lane and Trail Dairy Circle) from AG-2 to RS-3 so the owner can divide the property and create a 20,000-square-foot lot for a single-family dwelling.

Applicant representative Mike Reeder told the examiner the rezoning is intended so the owner’s son can build a home and that the request is limited to creating a single conforming lot. “We’re requesting rezoning from AG2 to RS3 for the property located at the corner of Rustic Lane and Trail Dairy Circle. It’s a 1 and 1/2 acre parcel,” Reeder said, explaining the goal is to allow a second lot that meets the RS-3 20,000-square-foot minimum.

Nut graf: County planning staff recommended approval, saying the requested RS-3 district is consistent with the suburban future land use designation and the Land Development Code, and that the parcel has no environmental constraints and will have negligible transportation impacts. Several neighbors opposed the request, urging the county to preserve large lots and warning the rezoning could set a precedent that increases traffic and complicates privately maintained road repairs.

Senior Planner Mary Sue Glass presented the staff analysis and conclusion. Glass said the parcel lies in the North Fort Myers planning community within a suburban future land use, that the applicant has demonstrated consistency with cited policies and sections of the development code (including LDC section 34-145), and that necessary public services and access exist. “The request to rezone from AG-2 to RS-3 is consistent with the Lee Plan and the Land Development Code and does meet the criteria for a rezone. Therefore, staff does recommend approval,” Glass said.

In public comment, neighbors raised several concerns. Jerry Davis said residents moved to the area for its rural character and large lots and expressed surprise at the proposed home. “The neighborhood has just been in an uproar because most of us live there because it's rural, because it's AG, and we want to keep it that way,” Davis said, also questioning whether a trailer on the lot is being used as a residence rather than the office use the applicant described.

Art Jacobs said maintenance of private roads and drainage is already difficult and that subdividing lots would increase the burden on residents. “One of my big things is the roads,” Jacobs said, noting coordination among multiple owners makes paving and repairs challenging.

Applicant and owner testimony: Owner Tony Booker identified himself and said a neighboring parcel of similar size already contains two dwellings and two addresses; he said he intends to follow residential codes for the new home. Booker told the examiner he and his family plan no additional splits beyond the one requested and that existing site structures are permitted. “I’m actually going to be basically doing the same thing with my property. Only I’ll be doing it under the appropriate residential codes and everything,” Booker said.

Reeder and staff addressed precedent and technical limits. Reeder said RS-3 was chosen as the least intensive district to allow a single-family home and emphasized development constraints (lot shape and size) make further subdivision impractical. Staff noted that, because this is a conventional rezoning, no site plan or conditions are attached at rezoning and that property development regulations (lot coverage, setbacks) will govern specifics at development order. Glass estimated RS-3 lot coverage maximums are on the order of 35–40 percent and reiterated that fees and code requirements will apply when the property develops.

No formal vote or final decision was recorded at the hearing. Rivera closed the public comment period and said a written decision will be issued; parties who filed comment cards will receive copies once the decision is issued. The record for this final hearing was closed.

Ending: The hearing concluded with staff recommending approval and neighbors registering opposition centered on precedent, road maintenance and use of on-site structures; the examiner will issue a written decision after the record is finalized.