Attorney: Cape annexation’s illegal
A pair of properties that were voluntarily annexed by the city of Cape Coral last week were brought into the city limits illegally because the sites are not urban in character, an attorney who has represented Pine Island interest in the past contends.
Michael Hannon said there is no basis for the properties on either side of Veterans Parkway near Pine Island Road to be annexed into the city and contends it is to let the city apply its higher density zoning and change the zoning from Lee County’s purview to the city’s.
On May 18, the Cape Coral City Council unanimously approved the annexations despite protests from residents of Pine Island and Matlacha who said annexation would open that portion of the islands’ hurricane evacuation route to development.
The first annexation was for four parcels on 12.47 acres on the corner of Pine Island Road and the east side of Veterans Parkway.
The second annexation occurred nearby, with four parcels totaling 25 acres on the west side of Veterans Parkway, with the intent to make the properties in developed commercial or mixed-use development.
Hannon said the people of Pine Island and Matlacha rely on that land being zoned agricultural by Lee County, which the city would change to something that would allow for more density.
Hannon said the island’s water district has exclusive rights to provide the water to the area, and its fire district has provided service to those properties.
The fire service gets tax money from property owners in Matlacha and Pine Island. If that land is annexed by Cape Coral, it is in conflict with their fire district and its ability to collect tax money and provide fire service, he said.
“They have grave concerns about this and I’m seeing concerns from people in Cape Coral that this will create enormous traffic issues in the area because of the nature of rezoning that is planned,” Hannon said.
Ultimately, it comes down to the area lacking urban character, which Hannon said is a state requirement for annexation.
“That is not what annexation is intended to allow. The concept of annexation started in the early 19th Century when we developed city centers. Some wanted to annex rural land to expand their tax base and that was deemed improper,” Hannon said. “What we have here is a land owner who wants to take land he can’t use for apartments and hotels under the laws of Lee County and put it in Cape Coral so it can allow him to upzone.”
Hannon is no stranger to litigation against the city. In 2020, he was part of a successful lawsuit to keep the Chiquita Lock from being removed by the city. The city has reapplied to have the lock removed.
The city was looking into the matter.
The city of Cape Coral declined comment.
“We won’t be commenting on the ‘legalities of voluntary annexation,'” the city’s communications office said via email.
Editor’s note: This story has been updated to include the response from the city.
To reach CHUCK BALLARO, please email news@breezenewspapers.com