Re: D&D property
To the editor:
I have sent the following letter to the mayor of Cape Coral and City Council members:
I am writing to provide comment on your proposed use of the D&D parcels discussed at the Council Meeting on Jan. 27, 2020.
First, your advisors are unaware of restrictions on development of those parcels imposed by Lee County. Under the Lee County Comprehensive Plan (Lee Plan), the property is part of the Pine Island Planning Community. Goal 24 of the Lee Plan outlines the county’s Goals, Objectives and Policies for the Greater Pine Island Community, to manage future growth, to maintain the area’s unique natural resources, rural character and coastal environment, and to protect the health, safety and welfare of island residents.
The subject property is zoned C-1A and C-2, both commercial land uses. Lee Plan Policy 24.4.2 states that commercial developments within future urban land use categories are restricted to the following commercial uses: marinas, fish houses, and minor commercial uses to serve the day to day needs of local residents and island visitors. The current zoning classification designations were approved prior to Feb. 4, 1978.
Lee County Land Development Code Sec. 34-841(b) has eliminated those zoning districts and states that “in no case shall new development be permitted in any existing C-1A, C-1, or C-2 district which is not consistent with the Lee Plan”. The Lee Plan promotes maintaining Matlacha’s unique character, it’s coastal environment and aims to protect the health, safety, and welfare of island residents. For these reasons, commercial uses are restricted to marinas, fish houses, and minor commercial uses.
Your proposed expansive use of the D&D parcels, particularly for a restaurant or fuel dock, would violate the Lee Plan.
The Florida Constitution and the City Charter both provide further obstacles to development of the D&D parcels. Ownership and development of the D&D parcels by the City violates Article VIII 2(b) of the Florida Constitution and Article III 3.01 of the Cape Coral City Charter. These provisions limit the power of municipalities to the performance of municipal functions, the rendering of municipal services, and for municipal purposes. A municipality may not engage in a traditionally private, capitalist venture, particularly outside its boundaries. No matter how beneficial to Cape Coral residents, for example, the City government may not build recreational facilities outside its own boundaries.
Nor can a municipality own land outside its boundaries for any purpose. A municipality is a creature of the legislature. Under Florida Statutes Section 418.02, the legislature once authorized a municipality to buy land outside the district for recreation purposes only. This statute has been repealed, and in its place a municipal district governing board may be formed in either a municipality or unincorporated county. The recreational district must be in the confines of either the municipality or unincorporated county lands only.
In addition, under Florida Statutes Section 218.415, any investment activity by a unit of local government must be consistent with the city’s written investment plan. Investment in real estate is not permissible to a municipal body.
We urge you to have your City Attorney address these issues in writing, to be placed in the record of your deliberations.
At the Monday meeting the Mayor asked about the amount of attorneys’ fees claimed by MCA and its petitioners in the annexation matter. The fees claimed are $127,969.
Finally, we note Mayor Coviello’s invitation to the Matlacha Civic Association to meet in a collegial atmosphere to address issues common to our residents. On April 26, 2018, when the Council first considered renovating the parcels, our former president wrote to the Council proposing just such a meeting. Once again, we write to ask the Council to meet with our Board of Directors to discuss this and other issues we have in common.
Thank you for your courtesies.
Stephen M. Longest
President, Matlacha Civic Association