Public Participation in the Growth and Development Process

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Public Participation in the Growth and
Development Process

• Lee County Land Use, change, and ways that you
  can help determine how it affects your
  neighborhood

Alissa Bierma Development Chair, RGMC 2006
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Land Use Basics

• Each property in Lee County is zoned in one way
  or the other. This places restrictions on the
  property as to its use, including density, lot
  size, setback requirements, and more.

• When land use planning was implemented in Lee
  County, areas already developed in a certain
  manner were granted appropriate zoning (such as
  residential or commercial) and the entire
  remaining acreage was zoned as agricultural.
• Almost all new developments (as opposed to
  redevelopment or urban infill) require a rezoning
  to acquire the legal framework which will allow
  them to implement their development plans

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Alphabet Soup Sample Types of Zoning

• Ag 1 or 2 Agricultural, with intensity of 1 or
  2 determining crop types allowed
• RS Residential (additional numbers indicate
  different density types or regulations)
• PUD Planned Unit Development
• RPD Residential Planned Development
• IPD Industrial Planned Development
• CPD Commercial Planned Development
• C Commercial (see note above)

Planned Developments have special additional
requirements and are mixed use, which means
that they may have a combination of commercial,
industrial, and residential within the same
development
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So You Want To Change Your Zoning

• Conventional rezoning must be consistent with the
  Lee County Comprehensive Plan. This is done by
  comparing the request to the adopted Future Land
  Use Map (FLUM, pronounced flume.)
• Each future land use category has a number of
  approved or permitted uses, including all of
  those attributed to less intense land use
  categories

POLICY 1.1.3 The Central Urban areas can best be
characterized as the "urban core" of the
county... This is the part of the county that is
already most heavily settled and which has or
will have the greatest range and highest levels
of urban service--water, sewer, roads, schools,
etc. Residential, commercial, public and
quasi-public, and limited light industrial land
uses (see Policy 7.1.6) will continue to
predominate in the Central Urban area. This
category has a standard density range from four
dwelling units per acre (4 du/acre) to ten
dwelling units per acre (10 du/acre) and a
maximum density of fifteen dwelling units per
acre (15 du/acre).
For example only
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What if the request is NOT consistent with the
current FLUM?

• There are two types of land use amendments that
  can be made to the adopted Comprehensive Plan so
  future rezone requests will be consistent
• Text amendments change something about the law
  that governs the regulations associated with each
  type of use, and
• Map amendments reclassify an area of the map to a
  different type of use

Requested Land Use Change
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Caveats and Case Studies

• Caveats
• Rezoning cases require public notification in a
  number of ways, allowing the community to get
  involved, but FLUM amendments require very little
  notification.
• However, once the FLUM map has been changed to
  reflect the desires of the applicant it is much
  simpler to get a rezone since the applicant would
  now be requesting zoning consistent with the
  FLUM, incorporated into the Lee Plan.

Desire for Rezone
Is it consistent with adopted Future Land Use Map
(FLUM)?
No
Yes
Application for Land Use Change
Application for Rezone
First Public Hearing
Hearing Examiner
Second Public Hearing
Public Hearing before County Commission, Zoning
Agenda

• Case Studies
• Green Meadow IPD, Lehigh Acres

Final Decision
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Green Meadow IPD Rezone without a prior FLUM
Amendment
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Is this rezone consistent? What are the issues?

• Mining IS a permitted use in the DRGR land use
  designation (Lee Plan text regarding intent of
  DRGR)
• Will the adjacent urban community want to live
  next to a 24 hour a day mining operation for the
  next 25 years?
• Will SR-82 be able to handle the increased
  presence of large, weight-bearing trucks?
• How will the wildlife and natural resources of
  the surrounding area and bordering Conservation
  2020 property be affected?

See sample letter of concern
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Guidelines for Successful Public Participation

• Do your research - Is it beneficial or
  detrimental to the community? What are the
  possible alternatives?
• Stick to the facts and have information to back
  it up
• Suggest alternatives collaboration is favorable
  compared to simple opposition
• Make use of County staff it is their job to
  understand the intricacies of the process and
  law, dont hesitate to ask for clarification or
  further information (please be patient and
  polite, they have a lot on their plates)
• When in question, consult the Guide to Public
  Participation http//www.lee-county.com/attyguidet
  ipublicpart.pdf

The Hearing Examiner, their staff and the BOCC
cannot discuss zoning outside of the public
hearings. However, this does not preclude you
from asking general staff for details on the
project proposed for the property after it has
been rezoned
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Make sure to include the case number, as project
names change frequently.
To justify your request, there must be legal
support for your position. What do the laws and
policies say about the issue? How do you think
this project relates to those laws?
What concerns does not following that law or
policy create? What are the possible outcomes?
What do you suggest as a better alternative?
Would you provide options that have not been
explored or suggest that a certain option be
looked at further?
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Opportunities for Public Participation
Each of the steps below allow public comment or
input as part of the process

• Zoning Changes
• Lee County Hearing Examiner (HEX)
• Public Hearing before County Commission, Zoning
  Agenda

• Comprehensive Plan Amendments
• Local Planning Agency
• First Public Hearing
• Second Public Hearing

• For zoning cases, if you do not appear in front
  of the hearing examiner regarding the case you
  may not speak at the following public hearings

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How do I find out when to be where?
Notification of Hearing Examiner dates is
published at the back of the classified section,
as are other important notices of public
hearings, etc. For information on a specific
project check the status on the Lee County
website at http//lee-county.com/econnect/ Rezo
ning cases are required to post signs on the
property in question that notify residents of
their intent and of important dates You can also
find all of the upcoming agendas and schedules at
lee-county.com
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Important Resources

• The Lee County Comprehensive Plan (Lee Plan,) the
  countys planning document which guides growth,
  is available online at http//www.lee-county.com/d
  cd1/Leeplan/Leeplan.pdf
• The Land Development Code for Lee County is
  available online at http//www.municode.com
• The Florida Department of Community Affairs
  oversees all of the Countys comprehensive plans
  and changes to those plans. http//www.dca.state.f
  l.us/
• Transportation plans and information can be
  obtained from the Lee County Metropolitan
  Planning Organization at http//www.swfrpc.org/mpo
  .htm