developer hard hat.jpgThe News-Press recently reported that the City of Cape Coral and Lee County are proposing changes to their land use and development regulations in order to be more flexible in how property is developed and redeveloped.

In the City of Cape Coral, new land use and development regulations concerning South Cape Coral were unanimously passed

open till late.jpgA recent decision from the Florida 4th District Court of Appeal illustrates some special land use concerns that come into play when the affected party holds a leasehold interest rather than fee simple ownership.

Changing Regulations Can Affect Leaseholders

In Village of N. Palm Bch. v. S&H Foster’s, Inc., 80 So. 3d. 433 (Fla.

During the latest law-making session, Florida’s legislators authorized a means for landowners to seek extensions for certain state-regulated development permits, citing the struggling real estate market and likelihood that many permits may expire before market conditions improve. The Lee County Board of County Commissioners has taken note, and has a similar authorization for four-year local

In recent years, procedures for hearings before Lee County Hearing Examiners have evolved formally and informally, sometimes resulting in confusion and frustration for the parties, the public, and the hearing examiners themselves. A recent amendment to Lee County Administrative Code Section 2-6, aims to eliminate uncertainty in special exceptions, variances, zoning cases, and other matters like administrative appeals. Some are simple changes (for example, the “24-hour pre-hearing memo” is now the “48-hour pre-hearing memo”), while others are more complex and require a greater understanding of legal procedure than ever before.

The following is an attempt to highlight some of the more significant changes found in Lee County Administrative Code Section 2-6, however it is not intended to provide a comprehensive summary or analysis of all changes. 


Continue Reading New Lee County Code Re-Writes Hearing Examiner Rules

The Florida Legislature recently adopted House Bill 7207 which drastically changes the landscape of Florida’s Growth Management procedures. The bill itself comprises 349 pages (the majority of which deals with matters unrelated to growth management) and the drastic changes it proposes are too numerous to cover in a blog entry. A sampling of some of

caterpillar_front_loader_283346_l.jpgIn light of the significant reduction in property values and construction costs across Lee County, a recent study conducted by Duncan Associates (a consulting firm based out of Texas) concluded that the Board of County Commissioners should consider similarly significant reductions in its road impact fees.

Road impact fees are generally assessed on new construction

Spring is in the air, which means our elected state officials are in Tallahassee diligently considering, debating, and hopefully, actually reading thousands of proposed bills. The 60-day regular session began on Tuesday, March 8, and there are several draft bills that may have an effect on developers, property owners, and professionals involved in real estate and land development. Jay Brady, who covers state and local government issues for Gulf Coast Business Review, recently wrote an informative article regarding some of these bills, entitled “Business Bills to Watch.” It’s an excellent collection of proposed bills that deserve attention from the business community.


Continue Reading Top 10 Growth Management, Land Use & Property Bills Proposed for the 2011 Florida State Legislative Session