Minutes

Hearing Examiner · 2026-05-19 · 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.