Hearing Examiner
City of Cape Coral
Latest meetings
Agenda (PDF)
This document is an agenda for the Hearing Examiner hearings on Tuesday, June 23, 2026. It lists three re-zoning requests initiated by the City of Cape Coral. Project RZN26-000002 involves two undeveloped city-owned parcels totaling 23.14 acres, requesting a rezone from a Lee County designation and Single-Family Residential (R1) zoning. Project RZN26-000003 is a small-scale re-zoning of a 2.54-acre property, currently developed with parkland uses, from Mixed-Use Seven Islands (MX7) to Single-Family Residential (R1), with a companion future land use map amendment from Multi-Family (MX) to Parks and Recreation (PK). City Planning Staff recommended approval for this project. Project RZN26-000004 is a city-initiated small-scale re-zoning of a 13.38-acre (582,988 SF) city-owned parcel from Commercial (C) to Institutional (INST) zoning. City Planning Staff recommended approval for this project. The agenda also outlines the hearing procedures, including public comment opportunities and the role of the Hearing Examiner. The next hearing is scheduled for Tuesday, July 21, 2026.
- Board:
- Hearing Examiner
- Date:
- 2026-06-23
- Type:
- Agenda
- Decision:
- City Planning Staff Recommendation: Approval for RZN26-000003 and RZN26-000004. Decision for RZN26-000002 not stated.
- Address:
- 1015 Cultural Park Boulevard, Cape Coral, FL 33990 (Council Chambers); 1130 Chandler Gove Dr and 2327 Trafalgar Pkwy; Unit 79 Block 6408 Tract I Tropicana Park; 2501 SE 17th Ave
- Applicant:
- City of Cape Coral
Agenda Full Package (PDF)
[1130 Chandler Gove Dr and 2327 Trafalgar Pkwy; case RZN26-000002] The City of Cape Coral is requesting a rezone for two undeveloped, city-owned parcels totaling 23.14 acres. The rezoning is from Agricultural-2 (AG-2) and Single-Family Residential (R1) to Commercial (C). This action is intended to align with a proposed future land use amendment to Parks and Recreation (PK) and expand the Cape Coral Sports Complex. The staff recommendation is approval. [Unit 79 Block 6408 Tract I Tropicana Park; case RZN26-000003] The City of Cape Coral is requesting a city-initiated, small-scale rezoning of 2.54 acres at Tropicana Park from Mixed-Use Seven Islands (MX7) to Single-Family Residential (R1). This rezoning aims to align the zoning with existing parkland uses, including a playground and pavilion, and a companion future land use map amendment to Parks and Recreation (PK). Staff recommends approval. [2501 SE 17th Ave; case RZN26-000004] The City of Cape Coral is requesting a city-initiated, small-scale rezoning of one parcel totaling 13.38 acres (approximately 582,988 SF) from Commercial (C) to Institutional (INST). Staff recommends approval. [2501 SE 17th Ave (for RZN26-000004); Access undetermined, south side of Tropicana Parkway west of Old Burnt Store Road (for RZN26-000003); case RZN26-000004; RZN26-000003] Two distinct rezoning proposals are detailed. The first, RZN26-000003, involves a city-initiated rezoning of approximately 2.54 acres located south of Tropicana Parkway west of Old Burnt Store Road. The request is to change the zoning from Mixed-Use Seven Islands (MX7) to Single-Family Residential (R1). This rezoning is intended to align with a proposed future land use amendment to Parks and Recreation and support the site's current development as a public park. The second proposal, RZN26-000004, is also a city-initiated rezoning for a 13.38-acre parcel at 2501 SE 17th Ave. The rezoning is from Commercial (C) to Institutional (INST) to align existing city services with zoning, allow lot combination with adjacent city-owned property, and facilitate future city services expansion. This proposal is supported by a concurrent future land use amendment to Public Facility (PF). Both proposals have received staff recommendations for approval. [2501 SE 17th AVE; case RZN26-000004] The City of Cape Coral initiated a rezoning request for a parcel located at 2501 SE 17th Ave. The project involves changing the zoning from Commercial (C) to Institutional (INST) to align with existing city services and allow for future expansion and lot combination with adjacent city-owned property. The Planning Division staff recommends approval, finding the request consistent with the Land Development Code and the City's Comprehensive Plan. No correspondence was received prior to the hearing.
- Board:
- Hearing Examiner
- Date:
- 2026-06-23
- Type:
- Agenda
- Decision:
- Staff recommendation: Approval
- Address:
- 1130 Chandler Gove Dr and 2327 Trafalgar Pkwy
- Applicant:
- City of Cape Coral
Minutes
The City of Cape Coral applied for a zoning change for Unit 79 Block 6408 Tract 1 Tropicana Park. The Planning and Zoning Commission unanimously recommended approval, and the Staff recommendation was Approval. The Hearing Examiner recognized the Planning Team Coordinator as an expert and incorporated the Staff Report into the record. The case involves a future land use amendment, and the transfer dates back to the late seventies. It is not believed to be part of a development order.
- Board:
- Hearing Examiner
- Date:
- 2026-06-23
- Type:
- Minutes
- Decision:
- Recommended Approval (by Planning and Zoning Commission), Staff Recommendation is Approval
- Address:
- Unit 79 Block 6408 Tract 1 Tropicana Park
- Applicant:
- City of Cape Coral
Agenda (PDF)
[Chantrey Canal; 2106 SE 15th Ter; 214 NW 20th Ave; 6026 Tarpon Estates Ct, Lots 5 and 8, Village "C", Tarpon Point development; 842 Whispering Pines Rd; case DEV26-000001; DEV26-000002; PDP26-000002; RZN26-000001] DEV26-000001: Sherry Gaston Waterway Boat Canopies requests a 10-foot deviation in length for a boat canopy to a maximum of 50 feet on Chantrey Canal. DEV26-000002: Scott Reichenbacher, representing the Lee County School Board, requests four landscaping deviations for a site: 1. Less than one canopy tree per 1,000 sq. ft. of gross land area. 2. No required foundation landscaping. 3. No landscaping associated with off-street parking and vehicle use areas. 4. 115 of 237 required canopy trees and no accent trees or shrubs. PDP26-000002: Avalon Engineering, representing two property owners, requests an amendment to the Tarpon Point development to eliminate the minimum lot width of 100 feet at the building line for Lots 5 and 8 in Village "C". City Planning Staff Recommendation: Approval. RZN26-000001: Benito Dimayo requests to rezone 0.76 acres from Agricultural to Single-Family Residential.
- Board:
- Hearing Examiner
- Date:
- 2026-05-19
- Type:
- Agenda
- Decision:
- Not stated for DEV26-000001, DEV26-000002. Recommended Approval for PDP26-000002. Not stated for RZN26-000001.
- Address:
- Chantrey Canal; 2106 SE 15th Ter; 214 NW 20th Ave; 6026 Tarpon Estates Ct, Lots 5 and 8, Village "C", Tarpon Point development; 842 Whispering Pines Rd
- Applicant:
- Sherry Gaston Waterway Boat Canopies; Scott Reichenbacher (for Lee County District School Board); Avalon Engineering; Benito Dimayo
Agenda Full Package (PDF)
[2106 SE 15th Ter; case DEV26-000001] Sherry Gaston Waterway Boat Canopies requests a 10-foot deviation to the boat canopy length standard, allowing a maximum length of 50 feet on Chantrey Canal. The property is 15,000 sq. ft. with a single-family home and dock. The request is to accommodate a 50-foot vessel. The City Planning Staff recommends approval with conditions. [214 NW 20th Ave; case DEV26-000002] Scott Reichenbacher, representing the Lee County District School Board, requests four deviations to the Land Development Code's landscaping requirements for the Hector Cafferata K-8 School. The deviations include less than the required canopy trees per gross land area, no foundation landscaping, no landscaping in off-street parking areas, and reduced buffer plantings (115 of 237 canopy trees, no accent trees or shrubs). The City Planning Staff recommends denial. [214 NW 20th Avenue, Cape Coral, FL 33993; case DEV26-000002] The City Planning Division is reviewing a request for four deviations from the City's landscape code for the Hector A. Cafferata School. The developer, Lee County District School Board, is requesting deviations related to tree planting requirements, foundation landscaping, off-street parking landscaping, and buffers. The Planning staff recommends denial of all four deviations, citing that the requested deviations would result in a substantial reduction of required trees and shrubs, negatively impacting community appearance and failing to provide adequate buffering between the school and surrounding residential areas. The developer's arguments for deviations based on safety, security, and site functionality were not deemed sufficient by staff, and the claim of state pre-emption was refuted. The project is currently under construction. This document is a guide to Florida Safe School Design Guidelines, focusing on crime prevention through environmental design. It details strategies for site design (perimeters, vehicular routes, pedestrian routes, recreational areas, bike racks, dumpster enclosures, signage, landscaping, stormwater, site utilities) and building design (organization, covered walkways, points of entry, courtyards, relocatable buildings, doors). It emphasizes natural access control, natural surveillance, and territorial integrity. The document is based on research, surveys conducted between May 15 and August 14, 2002, site visits, and input from various stakeholders including principals, facility managers, school resource officers, and design professionals. It does not detail specific projects, but provides principles and recommendations for designing safer educational facilities. This document provides detailed guidelines and recommendations for safe school design, focusing on principles of Natural Access Control, Natural Surveillance, Territorial Integrity, and Management. It covers various interior and exterior spaces within educational facilities, including classrooms, corridors, cafeterias, gymnasiums, and administrative areas, as well as systems like HVAC and lighting. The document emphasizes practical design strategies to deter crime, enhance security, and improve the overall safety of school environments. It also includes findings from research and surveys on crime trends, perceptions of safety, and the effectiveness of design principles. This document details the research and development process for the 2002 Florida Safe School Design Guidelines, an update to the 1993 guidelines. It outlines the methodology, including surveys, interviews, and site visits conducted with various stakeholders such as principals, facility managers, school resource officers, and design professionals across Florida. The research aimed to evaluate the impact of existing guidelines, incorporate recent developments in safety technology and crime prevention, and recommend improvements. Key findings include respondent familiarity with safe school design principles versus the specific guidelines, the perceived effectiveness of these principles in enhancing safety, and the identification of critical areas for design focus like corridor surveillance and perimeter enclosures. The document also analyzes crime locations and types within school and community college campuses, and discusses public sentiment regarding after-hours access and the use of access control signage. The project concluded in September 2002. This document is a report on school safety and security, detailing perceived crime locations, times, and types, as well as design and policy suggestions from various school personnel (Principals, School District Risk/Facility Managers, Community College Risk/Facility Managers, and School Resource Officers). It does not contain specific project proposals for contractors. The report identifies school parking lots, recreation areas, locker rooms, restrooms, and corridors as frequent locations for various crimes. It also notes that many crimes are perceived to occur outside of normal school hours (before school, after school, evenings, and weekends). Key design suggestions include increased surveillance (especially CCTV), improved access control, and territoriality enhancements. Public comment is not applicable as this is a research report, not a public hearing record. This document is a survey of school district risk/facility managers regarding Safe School Design principles. It does not contain specific project information for contractors. The survey collected data on familiarity with design principles, perceived incorporation into school designs, effectiveness, and opinions on crime locations and times within schools. Key areas identified for school safety design include surveillance, access control, and perimeter enclosure. Public comment sentiment is not applicable as this is a survey of professionals. This document is a compilation of survey data from School Resource Officers (SROs) and design professionals regarding school safety and security. It details perceived crime locations, times, and types, as well as design and policy suggestions for crime prevention. Key areas of concern include fighting, vandalism, drug use, and theft, frequently occurring in off-grounds areas, parking lots, locker rooms, restrooms, and classrooms, particularly during school hours and after school. Recommendations for improvement focus on enhanced surveillance (CCTV), access control, perimeter enclosure (fencing), and improved lighting. Design professionals expressed a preference for single-story, centrally organized building groupings for safety. Public sentiment regarding after-hours access to facilities is divided, with some believing it increases crime potential and others suggesting it deters crime. This document is a bibliography of academic and professional resources related to school safety, design, and crime prevention. It lists books, articles, dissertations, and reports that discuss various aspects of creating secure and effective learning environments. Topics covered include Crime Prevention Through Environmental Design (CPTED), security technologies, school architecture, facility planning, violence prevention strategies, and the impact of school environment on student behavior and achievement. It does not contain specific project details for contractors. [214 NW 20th Avenue; case DEV26-000002] The Lee County School Board, represented by Exceptional Engineering, requested four landscape deviations for a new school on 30.7 acres. The deviations sought were for reduced tree planting, no foundation landscaping, no off-street parking landscaping, and significantly reduced buffer trees. The staff recommended denial of all four deviations, citing that site constraints were absent, state regulations did not preempt local rules, and the requested deviations would negatively impact community appearance and public welfare. The case was heard by the Cape Coral Hearing Examiner on May 19, 2026. [6025 and 6026 Tarpon Estates Court; case PDP26-000002] Two property owners in the Tarpon Point development, Lots 5 and 8 in Village C, requested an amendment to Ordinance 14-01 to eliminate the requirement for a minimum lot width of 100 feet at the building line. The lots are irregular and narrower at the front, exacerbated by private Tarpon Estates Design Review Guidelines requiring minimum living areas, specific garage designs, and swimming pools. An earlier amendment exempted other lots in Village C. The City Planning Staff recommended approval, stating the amendment would not adversely affect other properties and could facilitate infill development. The case was heard by the Cape Coral Hearing Examiner on May 19, 2026. [6025 and 6026 Tarpon Estates Court; case PDP26-000002] This document details the Design Review Guidelines for Tarpon Estates, outlining specific requirements for site improvements, exterior finishes, landscaping, and construction. It specifies minimum lot sizes, setbacks, construction materials (stucco exterior with stone, marble, granite, tile, or keystone as a secondary element), roof materials (concrete or clay tile), and driveway construction (paver blocks or stamped concrete). Landscaping requires a minimum expenditure of $20,000, with specific tree and palm requirements. Construction requires DRB approval of plans, adherence to site conduct rules, and proper waste management. A specific case, PDP26-000002, involves a PDP amendment for Lots 5 and 8, Block 7025, Unit 77, located at 6025 and 6026 Tarpon Estates Court, to eliminate the minimum lot width requirement of 100 feet at the building line. The staff recommended approval of this amendment, noting it provides relief for irregularly shaped lots and aligns with previous approvals for similar lots. The amendment was approved. [Located between Rose Garden Road and the Caloosahatchee River/Glover Bight; case PDP #00-80800015 (also referenced as PDP 00-00800021)] This document is an ordinance approving a Planned Development Project (PDP) for "Tarpon Point" in Cape Coral, Florida. The project involves a mixed-use subdivision encompassing approximately 148.07 acres located between Rose Garden Road and the Caloosahatchee River/Glover Bight. The approval includes rezoning portions of the property for multi-family residential, residential development, and pedestrian commercial uses. It also grants special exceptions for various uses like gate houses, essential service facilities, clubs, business offices, recreation, rental establishments, and self-service fuel pumps. Numerous deviations from land use, development, and engineering design standards are approved, including modifications to setbacks, building heights, distance between buildings, cul-de-sac lengths, and sidewalk requirements. The development plan outlines specific unit counts for multi-family and single-family units, a marina use, resort hotel units, restaurants, and retail space. The project is to be built out within ten years. The City Council approved the PDP on February 26, 2001, with an effective date upon recording and 30 days after state agency receipt. [Tracts 1, 2, 3, 4, 5, 6, 8, 9, and 10, Cape Coral Unit 77; case PDP 02-00800010 (amending PDP 00-00800015)] Ordinance 131-02 amends Ordinance 14-01 for the Tarpon Point Planned Development Project. This includes an amended replat and subdivision, rezonings, special exceptions, and deviations to development regulations. Specifically, approximately 0.72 acres in Tract 4 are rezoned from R-3 to C-1, approximately 0.30 acres in Tract 2 are rezoned from R-3 to C-1, and approximately 2.84 acres in Tract 9 are rezoned from R-3 to RD. Special exceptions allow self-service fuel pumps in C-1 districts within Village 'E'. Deviations include reduced tree planting requirements, reduced front and rear yard setbacks in Village 'C', increased building heights in various villages (up to 320 feet in Villages 'E' and 'F'), and elimination of minimum lot width and side yard requirements in Village 'C'. The total project area is approximately 148.07 acres. [Between Rose Garden Road and the Caloosahatchee River/Glover Bight, Cape Coral, Florida; case Ordinance 14-01 (original), Ordinance 131-02 (amendment), Ordinance 1-07 (amendment), Ordinance 77-11 (amendment)] This document details amendments to the Tarpon Point Planned Development Project (PDP). Key changes include relocating a hotel from Marina Village 2 to Marina Village 1, increasing hotel units from 230 to 268, allowing restaurants to be located in either Marina Village 1 or 2 with a total of 500 seats (one restaurant at least 150 seats), and permitting retail and office space in Marina Village 1 and office space in Marina Village 2, with a maximum of 45,000 sq ft for retail/office space across both, at least 50% in Marina Village 1. It also approves the expansion of the project onto submerged lands and grants special exceptions for landscaping services, business offices, commercial recreation, and rental establishments in the C-1 zone. Parking deviations were approved for multi-family units. The project encompasses approximately 161.57 acres, including 13.5 acres of submerged lands. The developer is Tarpon Land, LP and Freeman & Hasselwander Resort Properties, L.L.C. The buildout date is extended to ten years from the adoption of the ordinance (2011). [6025 and 6026 Tarpon Estates Court; case PDP26-000002] Two residential lots in Village "C" of Tarpon Point are seeking to eliminate a minimum lot width requirement at the building line, as established by Ordinance 14-01. This relief was previously granted to other lots in the same village. The owners state this is necessary to meet HOA provisions that exceed city standards. Staff recommends approval, noting it will not increase density or affect setbacks and may facilitate infill development. [831 and 842 Whispering Pines Road; case RZN26-000001] Benito Dimayo is requesting to rezone two parcels from Agricultural (A) to Single-Family Residential (R-1) to allow for the development of new single-family dwellings. The properties are currently vacant and do not have access to city water and sewer. The area is predominantly developed with single-family residences, and the proposed zoning is consistent with the surrounding character and the city's Comprehensive Plan. Staff recommends approval.
- Board:
- Hearing Examiner
- Date:
- 2026-05-19
- Type:
- Agenda
- Decision:
- Approval with conditions (recommended)
- Address:
- 2106 SE 15th Ter
- Applicant:
- Sherry Gaston Waterway Boat Canopies
Minutes
[2106 SE 15th Ter, 6026 Tarpon Estates Ct., 214 NW 20th Ave, 842 Whispering Pines Rd; case DEV26-000001*, PDP26-000002*, DEV26-000002*, RZN26-000001*] Case DEV26-000001* involved a request for a Waterway Boat Canopy deviation at 2106 SE 15th Ter. The applicant, Sherry Gaston, presented information regarding canopy styles, dimensions, and requested deviation approval. Ms. Gaston addressed concerns about the canopy running parallel to the property, the boat's size (61 feet), and setbacks. Senior Planner Justin Heller was recognized as an expert. The public hearing had no speakers. The Hearing Examiner stated she would include two emails in the record. Ms. Gaston and Senior Planner Heller had no further testimony. The Hearing Examiner stated she would take the matter under advisement. Case PDP26-000002* involved Avalon Engineering at 6026 Tarpon Estates Ct. Principal Planner Patrick White and Vice President Linda Miller of Avalon Engineering were recognized as experts. Ms. Miller presented slides on the Tarpon Point PDP Amendment, site aerial map, zoning districts, land use designation, and Land Development Code sections. Principal Planner White presented slides on owners, applicant, location, site aerial map, future land use map, zoning map, background, request, and analysis of LDC and Comprehensive Plan. Principal Planner White requested his presentation and Staff Report be integrated. The Hearing Examiner asked about the timeline for City Council review, and Principal Planner White responded it should move quickly, but Council hiatus might slow it. The public hearing had no speakers. Ms. Miller and Mr. White had no further testimony. The Hearing Examiner recommended the PDP Amendment go forward as requested. Case DEV26-000002* involved Scott Reichenbacker at 214 NW 20th Ave. Principal Planner White was recognized as an expert. Jason White, President of Exceptional Engineering, Inc., presented slides on landscape plans, City Required Landscape Plan, Florida Safe School Design Guidelines, and State Requirements for Educational Facilities. Hearing Examiner Dalton asked about a date on a letter from the Lee County Sheriff's Office, and Mr. White believed it was from when the school was built. Hearing Examiner Dalton stated she could not accept anything after the hearing. Mr. White presented a slide on Gateway High School Landscape Plan. Hearing Examiner Dalton asked if the project went before the Lee County Hearing Examiner. Mr. White responded Lee County had an interlocal agreement with the school district that reduced landscape requirements and it went before the Gateway Board. He presented slides on Lehigh Acres Middle School, Amanecer Elementary School, Lehigh Elementary School, and Alva High School landscape plans. Mr. White stated school board members were present. David Martinez, Zone Security Manager for Lee County School District, provided information on natural surveillance, landscape maintenance, and City of Cape Coral Landscape Plans, stating less landscaping is better for school safety. He responded that cameras are mounted on schools, not typically in parking lots. Robert Dodig, School Board Attorney, was reluctant to advise staff on security camera discussions. Mr. Martinez provided a definition of natural surveillance. Mr. Dodig asked if they would have a chance to respond. Hearing Examiner Dalton stated he would have an opportunity after public comment. Principal Planner White presented slides on DEV26-000002, owner, applicant, location, requests, background, site aerial map, and current zoning map. Principal Planner White presented slides on site plan, elevations, landscape deviations, summary of landscape deviations requested by Lee Co. School Board, proposed landscape plan, analysis of site constraints, other regulations, locational factors, Standard #3, effect on community appearance, and applicable Comprehensive Plan Policies. Recommendations were denial, with two telephone inquiries provided via email. Principal Planner White requested his PowerPoint and Staff report be included. Marshall Fisikelli, resident, spoke in opposition to the deviation and agreed with Staff's recommendation for denial. Robert Dodig, School Board Attorney, provided information on school appearance, cost of trees and shrubs, budget issues, safety and security, ILA with City of Cape Coral, and institution versus developer. He requested the deviation be granted. Mr. Dodig stated the budget for construction was $110 million, covering the entire development less furnishings, fixtures, furniture, and equipment. Scott Reichenbacher, Director of Construction for Lee County Schools, confirmed the budget did not include the landscaping cost of approximately $230,000. Hearing Examiner Dalton stated all submittals prior to today were included in the record. Mr. White had no further testimony. Hearing Examiner Dalton stated she would take testimony and documents under review. Case RZN26-000001* involved Benito Dimayo at 842 Whispering Pines Rd. Marilyn Dimayo, applicant's representative, agreed with Staff's recommendation and findings and mentioned existing single-family homes. Ms. Dimayo explained the lots are zoned agricultural and they wish to have single-family homes in the future. She reviewed Staff's report and agreed to incorporate it into her testimony. Senior Planner Anthony Santora was recognized as an expert. Senior Planner Santora requested Staff's report be incorporated into the record. Senior Planner Santora presented slides on RZN26-000001, applicant/PO, address, location, size, amendment request, background information, 2026 aerial map, future land use map, and official zoning map. Senior Planner Santora responded the roads were gravel and dirt. He presented slides on proposed zoning map, analysis of Land Development Code, Comprehensive Plan, and City Impact: Fire and Police. Recommendations were approval, with one email requesting information. Senior Planner Santora responded that they specified they would be here and provided information regarding their attendance at a City-initiated rezone, clarifying it was not a City-initiated rezone for the entire block and only affected two properties, and that there may have been a misunderstanding. Ms. Dimayo had no further testimony. Senior Planner Santora requested to incorporate his presentation into the record. Hearing Examiner Dalton recommended the rezoning go forward as requested, stating it would probably not be heard until after hiatus. Senior Planner Santora responded affirmatively. Hearing Examiner Dalton stated she would attempt to get it out as quickly as possible. The next Hearing Examiner Hearings were scheduled for Tuesday, June 23, 2026, at 9:00 a.m. in Council Chambers. The hearing adjourned at 10:42 a.m.
- Board:
- Hearing Examiner
- Date:
- 2026-05-19
- Type:
- Minutes
- Decision:
- DEV26-000001*: Under advisement. PDP26-000002*: Recommended to go forward. DEV26-000002*: Recommendations: denial. RZN26-000001*: Recommended to go forward.
- Address:
- 2106 SE 15th Ter, 6026 Tarpon Estates Ct., 214 NW 20th Ave, 842 Whispering Pines Rd
- Applicant:
- Sherry Gaston (Waterway Boat Canopies), Avalon Engineering, Scott Reichenbacker, Benito Dimayo
Agenda (PDF)
[5 Diplomat Pkwy E and 6 NE 16th Ter; Intersection of Santa Barbara Blvd and Kismet Pkwy; case VAC26-000003; RZN25-000008] Hearing Examiner agenda for April 21, 2026. Two hearings are scheduled: a vacation of easements and a rezoning request. A subsequent hearing is scheduled for May 19, 2026.
- Board:
- Hearing Examiner
- Date:
- 2026-04-21
- Type:
- Agenda
- Address:
- 5 Diplomat Pkwy E and 6 NE 16th Ter; Intersection of Santa Barbara Blvd and Kismet Pkwy
- Applicant:
- Donald G. Anderson and R. Dawn Anderson; City of Cape Coral
Agenda Full Package (PDF)
[5 Diplomat Pkwy E and 6 NE 16th Ter (for VAC26-000003); Intersection of Santa Barbara Blvd and Kismet Pkwy, all of Block 2297B (for RZN25-000008); case VAC26-000003; RZN25-000008] This record details two separate agenda items for the Hearing Examiner on April 21, 2026. The first item (VAC26-000003) involves the vacation of alley right-of-way and easements by Donald G. Anderson and R. Dawn Anderson to consolidate two parcels for commercial development. The second item (RZN25-000008) is a request by the City of Cape Coral to rezone an undeveloped parcel at an intersection from Single-Family Residential to Commercial to align with its Commercial/Professional future land use designation.
- Board:
- Hearing Examiner
- Date:
- 2026-04-21
- Type:
- Agenda
- Decision:
- Staff Recommendation: Approval with Conditions (for VAC26-000003); Staff Recommendation: Approval (for RZN25-000008)
- Address:
- 5 Diplomat Pkwy E and 6 NE 16th Ter (for VAC26-000003); Intersection of Santa Barbara Blvd and Kismet Pkwy, all of Block 2297B (for RZN25-000008)
- Applicant:
- Donald G. Anderson and R. Dawn Anderson (for VAC26-000003); City of Cape Coral (for RZN25-000008)
Minutes
Case VAC26-000003 involved the vacation of plat at 5 Diplomat Pkwy E and 6 NE 16th Ter, owned by Donald G. Anderson and R. Dawn Anderson. The site is zoned P (Professional) with a Land Use designation of CP (Commercial Professional). The applicant requested approval with 9 conditions, including a cross-access easement for alley access. The Hearing Examiner recommended approval. Case RZN25-000008 involved a rezoning at the intersection of Santa Barbara Blvd and Kismet Pkwy, all of Block 2297B, with the City of Cape Coral as the applicant. The rezoning was recommended to go forward as requested. The next Hearing Examiner Hearings are scheduled for Tuesday, May 19, 2026, at 9:00 a.m.
- Board:
- Hearing Examiner
- Date:
- 2026-04-21
- Type:
- Minutes
- Decision:
- Recommended for approval
- Address:
- 5 Diplomat Pkwy E and 6 NE 16th Ter; Intersection of Santa Barbara Blvd and Kismet Pkwy
- Applicant:
- Donald G. Anderson and R. Dawn Anderson; City of Cape Coral
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