Agenda Full Package (PDF)

Hearing Examiner · 2026-05-19 · agenda

[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.