Special to the East Lee County News
In a bold stand for rural preservation, residents of Alva have taken legal action to challenge a rezoning decision that threatens to forever alter the character of their historic community.
On March 5, 2025, the Lee County Commission voted to approve a massive rezoning request by Neal Communities to build 1,100 clustered housing units on nearly 800 acres of land along North River Road (CR 78). The approval allows for high-density development with 35- and 40-foot-wide lots—a striking departure from the rural standards Alva residents have fought to protect for generations.
In response, on Friday, April 4, 2025, attorney Ralf Brookes filed a Writ of Certiorari, a legal motion seeking to overturn the County Commission’s decision. This critical legal challenge, brought forth by concerned Alva residents, is rooted in one goal: to stop irresponsible overdevelopment before it irreversibly changes the soul of Alva.
A Development Out of Place
The alarming deviations approved within the rezoning allow for:
- 4,300 sq. ft. lots, less than half the size of those in Lehigh Acres or Cape Coral
- Setbacks of just 5 feet, with equipment pads leaving only 6 inches from property lines
- Encroachments near Trout Creek, reducing required setbacks from 20 feet to 10 feet
These deviations from Lee County’s own development code are not just technicalities—they are dangerous departures from sound planning principles.
The People Spoke. The County Didn’t Listen.
Throughout the rezoning process, hundreds of Alva residents attended hearings, submitted testimony, and provided significant insights on water management, infrastructure limits, traffic safety, and wildlife protection.
Despite this overwhelming public opposition, county staff and legal advisors sided with the developer. Then, in a move that many saw as a betrayal, the District 5 Commissioner—who represents Alva—made the motion to approve the rezoning, with Commissioner Hamman “happily” seconding the motion.
A Broken Process?
Many are now questioning whether this process was ever fair:
- The same departments recommending approval answer to the commission itself
- The developer’s lobbyist is the campaign manager for four out of five commissioners
- One commissioner’s private company had recently completed work for the developer near the rezoned site
- Campaign donations from the developer flowed to the very commissioners who voted to approve the project
- Neighbors reported being told by the developer’s reps that the decision was already made and they “shouldn’t bother showing up”
- One Commissioner appointed the developer’s planning representative to the Lee County Development Code Advisory Committee, a board that exists to guide zoning changes
The Real Costs
If allowed to stand, this rezoning will:
- Triple Alva’s population north of the river
- Add thousands of vehicles to a fragile two-lane road with a history of serious accidents
- Strain aging infrastructure, including a 65-year-old bridge and overburdened sewer systems
- Increase water withdrawals during a time of growing scarcity
- Endanger critical wildlife habitats and increase flood risks
This is not about preventing growth. It’s about ensuring sensible, sustainable development that protects lives, property, and the environment.
The Legal Fight for Alva’s Future
The Writ of Certiorari seeks to restore accountability. It argues that the County Commission violated their obligation to protect public health, safety, and welfare by approving a project that does the opposite.
As of now, this legal challenge represents the most significant step Alva residents have taken to stand up against unchecked development.
Community Over Campaign Cash
Recently, other commissioners from neighboring counties have shown the courage to say no to developers when projects are incompatible with responsible growth:
- Sarasota County rejected rezoning near the Celery Fields with a 5–0 vote
- Fort Denaud residents defeated a mining rezoning proposal
Lee County residents deserve the same level of integrity from their elected officials.
From the Front Lines
“This isn’t just about Alva. It’s about the integrity of the entire development process in Lee County,” said one longtime resident. “When campaign cash outweighs community input, democracy is in danger.”
Help Us Protect Alva
The community of Alva maintains that they are not anti-growth. They are pro-community. And they believe that Alva’s rural charm, heritage, and safety are worth protecting.
If you’d like to support the legal fight, consider donating to the Protect Alva Fund through the green link at AlvaFL.org. Questions? Email AlvaInc.FL@gmail.com.
Let’s hold our leaders accountable. Let’s protect what makes Alva special.
To learn more about how you can protect Alva and support fair district representation in the next Lee County Commissioner election, see the article on page 6 for details and next steps.
In the latest example, Amanda Cochran, Board Member of Alva Inc., one of many committed to preserving the rural heart ofSouthwest Florida, was a recent candidate for Lee County Commission. She won District 5 with 65% of the vote but lost the election due to the county’s at-large voting system—a consequence of not having Single MemberVoting Districts at the time.
