Rezoning of Cape Haze West, 2004
In the spring of 2003, the membership of CHPOA authorized the expenditure of funds to pursue a rezoning of Cape Haze West from its former RSF3.5 designation to lower density RSF2 zoning. That new RSF2 zoning supports our existing housing density of two single-family homes per acre. It also more closely supports the side yard setbacks defined in our historical deed restrictions. In a survey conducted in 2003 to determine community support for rezoning, we received an overwhelmingly positive response when more than 80% of the property owners voted in favor of the idea.
Based on that initial response, CHPOA engaged an attorney to pursue the effort. When our attorney presented the idea to the county’s Planning and Zoning Board, their response was extremely positive. They even volunteered that if at least 80% of the property owners would formally support the effort, the Planning and Zoning Board would consider recommending that 100% of the properties be rezoned to RSF2 on their own initiative.
The spring of 2004 was spent gathering the individual authorization forms from each and every property owner who supported the rezoning. We succeeded in collecting formal approvals from 82% of the property owners in Cape Haze West. In June our attorney began the bureaucratic process leading to official rezoning. However, when it came time for the Planning and Zoning Board to recommend approval, they balked at endorsing rezoning of 100% of the properties. Instead, they recommended to the Charlotte County Board of Commissioners that only those properties that had explicitly granted permission be rezoned. At their August 2004 meeting, the Commissioners unanimously approved that recommendation.
The result is that, as of August, 2004, 243 properties (82% of the total) in Cape Haze West are now zoned RSF2. The zoning for the other 55 properties (18%) remains unchanged (RSF3.5). There are two comforting elements here. One is that more than 75% of the vacant lots were included in the new zoning. The other is that the lots that weren’t rezoned are not clustered in any particular area but are sprinkled here and there throughout Cape Haze. These two facts effectively remove any threat of lot subdivision and greater housing density, and they work together to preserve our historic side yard setbacks in most cases.