LOCAL

Plan to replace mangroves with homes draws fire, a proposal

Bill Smith
The News-Press

As hearings begin on a proposal to rezone land at Shell Point to allow construction of 55 homes near environmentally sensitive land, one county commissioner has suggested that the county protect the land by using its conservation funds.

County Hearing Examiner Donna Marie Collins held an abbreviated hearing on a proposed zoning change, that would rezone 306 acres from agricultural use to allow construction of the homes. She cancelled the afternoon portion of the hearing after becoming ill and set a new hearing for Dec. 3.

Environmentalists have warned that the development could impact 36 acres of mangrove and saltmarsh wetlands, which are an essential part of the region's natural water quality protection system.

An ibis perches in mangroves at the end of a canal in the Palm Acres neighborhood off of Shell Point Boulevard in south Fort Myers. A developer has plans to build more homes in the area. He has applied to build on to this canal and rip out managoves which will have to be mitigated. Some residents oppose the development saying they are concerned about environmental and traffic impacts on the neighorhood.

Read:Should a developer be allowed to destroy 30 acres of mangroves to build houses near Sanibel?

The Eden Oak Preserve development proposed by an Ontario company would rezone the mangrove-rich land along the Caloosahatchee River to allow construction of the 55 homes. 

On Tuesday, a day before the hearing on the zoning change, Lee County Commissioner Brian Hamman said purchase of the mangroves would accomplish one of the goals of the Conservation 20/20 land preservation program, which is the protection of wetlands from development.

"The owner of this property is in for an application to rezone, they would like to clear mangroves off of it and build 55 homes," Hamman said. "I did want to ask if we can ask our staff to reach out and discuss possibilities for Conservation 20/20."

Mangroves and other foliage grows next to a canal in the Palm Acres neighborhood off of Shell Point Boulevard in south Fort Myers. A developer has plans to build more homes in the area. He has applied to build on to this canal and rip out managoves which will have to be mitigated. Some residents oppose the development saying they are concerned about environmental and traffic impacts on the neighorhood.

Strict rules apply in zoning applications, such as commissioners can not speak with the public or developers about a pending proposal. 

County Attorney Richard Wesch told commissioners that the idea of preserving the land through 20/20 could be discussed with the builder "as long as the board was solid in its affirmation that one transaction had nothing to do with the other transaction, we're on solid ground in reaching out to the applicant/owner with an eye toward acquisition."

Wesch recommended that the board also would need to make clear that if it was not successful in getting an agreement for the purchase, it would not negatively impact the rezoning application.

A kingfisher flies over a canal in the Palm Acres neighborhood off of Shell Point Boulevard in south Fort Myers. A developer has plans to build more homes in the area. He has applied to build on to this canal and rip out managoves which will have to be mitigated. Some residents oppose the development saying they are concerned about environmental and traffic impacts on the neighorhood.

Hamman said the commission could consider the rezoning and the possible 20/20 purchase separately.

"We get a lot of talk about protecting wetlands, we get a lot of talk about sea level rising," Hamman said. "One of the best things that we can do to protect ourselves on flood control is to protect those fringe areas." 

The Conservation 20/20 fund has a balance of about $40 million and is in line for replenishment of $8 million in the new fiscal year.

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Commissioners will have to grapple with spending the money in the fund to buy the Shell Point property. The mangrove issue can also be handled through the board's legal power to regulate land use without spending 20/20 money, saving the cash now on hand for additional conservation purchases.

During the hearing examiner proceedings, attorney Robert Pritt of the Fort Myers firm Roetzel & Andress, who represents the developer of the proposed Shell Point project, said that development had been stalled by the Great Recession. 

"There were plans, and I might say dreams, to develop over 700 midrise units on the property, on the east side of Shell Point Boulevard," Pritt said. "It was contemplated at that time that about 71 units would be built on both sides of the roads in addition to the multi-family midrises."

Over time, the development was scaled back, first to 400 units, then to 300 in groups of 150 on each side of the road. A developer had wanted to create the Shell Point Yacht Club with a marina.

It was still unclear if the county will move forward with talks over buying the land. 

A manatee comes up for air in a canal in the Palm Acres neighborhood off of Shell Point Boulevard in south Fort Myers. A developer has plans to build more homes in the area. He has applied to build on to this canal and rip out managoves which will have to be mitigated. Some residents oppose the development saying they are concerned about environmental and traffic impacts on the neighorhood.

During the county commission meeting Tuesday, Commissioner Frank Mann warned colleagues that having both the zoning plan and the 20/20 purchase on the table at the same time, or even on different tables, will be delicate. 

"If the zoning hearing officer recommends against this, it is going to have a profound impact on the value of the property," Mann said. "Let's be very careful because there are trends or precedents that we may not want to set."