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.
For a map of the rezoned Cape Haze properties,