Fort Myers City Council approved permission to advertise for an ordinance amending its future land use map to change a 42-acre property from the Lee County Tradeport category to the city’s traditional community land use designation. The property consists of 10 parcels on the northeast corner of Treeline Avenue and Daniels Parkway. 

The applicant, Waltco Commercial Holding LLC, is seeking a land use its representatives say will be a reasonable use for the property. Under the site’s current land use, intensive industrial and commercial uses with no residential uses are allowed. Changing the land use to the traditional community category allows for a mix of commercial and residential multifamily uses. 

Permission to advertise came after a motion to table the item was denied with a 4-3 vote. A handful of residents spoke in opposition of moving the item forward for reasons pertaining to traffic and water services.  

Pelican Preserve community resident Ron Rickard said the Treeline Avenue area has reached a point of saturation, contributing to traffic congestion and water supply issues for residents.  

Carol Brokke, a Pelican Preserve resident, laid out water concerns residents in the community have been experiencing. 

“I applaud the city for using 85% of its budget for improving water infrastructure, but not limiting multifamily units which consume a huge amount of water presents an impossible situation,” she said. “There needs to be a moratorium on the permitting and building of multifamily units until the city can provide quality water service to all of its citizens. It’s just not adequate pressure [and] it’s the quality of the water. There are units along McGregor [Boulevard] that have rust. We have discoloration and sediment in the water.”

Additionally, residents spoke of a lack of adequate water pressure in their communities.  

Other residents, including Doug Seaver, expressed concerns about traffic. Seaver said the congested roadways constitute a threat to the health and safety of residents in the area, pointing out the possibility of health emergencies and traffic congestion being potentially disastrous for residents’ health.  

Despite residents’ concerns, attorney Neale Montgomery, who represents Waltco Commercial Holding, said the applicant is asking for fairness and due process.  

RVi Planning Vice President Alexis Crespo echoed Montgomery’s statements.   

“We are here just asking for the advertisement to be placed, so that we can come before you at a future date [and] we can discuss the merits of our application,” she said. “We have no use of the property as agriculture is not permitted under the city’s comprehensive plan. We’re in zoning limbo and we are just seeking the ability to move this conversation forward to the next step, understanding we have lots of hurdles in front of us.” 

The property’s zoning is predominately agricultural under the county’s land use and zoning designation. Since the property was annexed, the city is obligated to give a zoning category to the property.  

“The city code provides that all land within the city have to comply with the city code,” city attorney Grant Alley said. “To the extent that the county’s traditional community zoning conflicts with the city code, we have conflict. It has to get a zoning at some point in time.” 

Alley clarified that approving permission to advertise does not mean council is in support or opposition of the project. 

“What you’re saying is it gets advertised to a public hearing where there will be public input. The public will provide evidence and testimony. The developer will provide evidence and testimony.” he said. “I believe that you should give a hearing, so what you decide at the hearing is in the best possible position to be legally defended.” 

The city’s planning board previously denied the request by a 7-2 vote with one abstention. A public hearing will be held in the council chambers on May 15 after a 4-3 vote Monday approved the permission to advertise.