Guest opinion: River Hall's landowner uses influence to get approvals for expansion
As Yogi Berra once said, “It’s like deja vu all over again”. That is definitely the case with River Hall as the landowner, GreenPointe, is again attempting to increase dwelling units in an already overcrowded subdivision.
River Hall was originally approved for 1,999 units in 2005. However, the developer, Hawk’s Haven, almost immediately began requesting additional units. GreenPointe continued the attempt after it purchased the River Hall assets in 2010.
The requests for additional units failed at least three times. Undeterred, GreenPointe persisted until it got the Lee County commissioners it needed to approve the increase. In 2015, GreenPointe’s request for additional units was granted, bringing the total to 2,695.
A Zoning Division Staff Report dated January 14, 2015 related to that density increase stated the following: “The total residential dwelling units within River Hall may not exceed 2,695 dwelling units”. Nevertheless, in late 2021, GreenPointe asked for an additional 489 units, which would bring the total to 3,184. That is nearly a 60 percent increase over the originally approved density that many residents believed would be the limit.
One important question is why the “may not exceed” language is inserted into the county documents if it can be changed whenever a landowner insists on increasing density?
As a member of the River Hall Community Development District (CDD) Board of Supervisors, I asked a GreenPointe official at a recent Board meeting about whether GreenPointe considered the fact that some people bought into River Hall expecting a certain density, only to find out it was to be increased. His response was that state and local laws allow landowners to increase density by following a specific process and “…if you’re not happy with that, you can speak with your local officials”.
His response speaks volumes. It is as if he knows that those “local officials” to whom he refers already have their marching orders, i.e., you know what we want, so just approve it. That confidence could be because those local officials have received thousands of dollars in campaign contributions from GreenPointe and its allies.
That same GreenPointe official stated, in a November 2, 2014 News-Press guest opinion in support of the increase in density from 1,999 to 2,695, that “The water and sewer infrastructure installed as part of the original land development, was sized for up to 2,999 units”. If that is the case, how then can 185 units above that 2,999 number be justified?
The CDD is responsible for installing water and sewer infrastructure. I have been a member of the CDD Board since 2012 and do not recall the CDD installing additional infrastructure that would support the increase in units above 2,999.
The Lee County Planning Department issued its report, which was favorable to GreenPointe’s request. The next step of the process is a hearing before the Local Planning Agency (LPA) on September 26.
Bear in mind that the members of the LPA were appointed by the county commissioners who, as previously stated, received campaign contributions from GreenPointe. The LPA will make a recommendation to the county commissioners to either adopt or reject the density increase. Does anybody want to guess what that recommendation will be?
The overarching questions that must be asked are: (1) do the residents matter, (2) when is enough enough, and (3) what does the language, “may not exceed” mean?
When individual taxpayers make campaign contributions, they simply want good representation. When businesses make campaign contributions, they expect a return on their investments.
It looks like GreenPointe is, once again, going to realize substantial returns on its investments.
Paul D. Asfour is the Supervisor, Seat 1 for the River Hall Community Development District. He is also a retired Assistant Professor of Legal Studies at FGCU.