Agenda Full Package (PDF)
City Council – Regular Meeting · 2026-07-22 · agenda
[2400 Diplomat Parkway East; 831 Whispering Pines Road; 842 Whispering Pines Road; 1526 NE 13th Avenue; 6025 and 6026 Tarpon Estates Court; Silver King Boulevard, Black Marlin Lane, Tarpon Estates Boulevard, Tarpon Gardens Circle, Tarpon Estates Court; Lots 96 through 99, Block 930, Cape Coral Unit 26; Lot 12, Block 930, Unit 26, Cape Coral Subdivision; case CDD26-000001 (Ordinance 34-26); CDD26-000002 (Ordinance 35-26); RZN26-000001 (Ordinance 38-26); FLUM26-000005 (Ordinance 39-26); PDP26-000002 (Ordinance 43-26); Resolution 156-26; Resolution 168-26; Resolution 173-26; Resolution 182-26; Resolution 184-26; Resolution 187-26; Resolution 189-26; Resolution 194-26; Resolution 174-26; Resolution 175-26; Resolution 176-26; Resolution 177-26; Resolution 178-26; Ordinance 44-26] The document is a City Council agenda with multiple items. For contractors, the actionable items are: Resolution 168-26 authorizes purchase of property at 2400 Diplomat Parkway East for a future roundabout and roadway improvements at NE 24th Avenue and Diplomat Parkway East, with a total dollar value of $503,600.00. Ordinance 34-26 establishes the 7 Islands Community Development District (47.18 acres). Ordinance 35-26 establishes the Star Farms at Cape Coral Community Development District (1,279.549 acres). Ordinance 38-26 rezones 0.76 acres at 831 and 842 Whispering Pines Road from Agricultural (A) to Single Family Residential (R-1). Ordinance 39-26 changes future land use at 1526 NE 13th Avenue from Single Family Residential (SF) to Multi-Family Residential (MF). Ordinance 43-26 amends the Tarpon Point Planned Development Project to exempt Lots 5 and 8 in Village C from a minimum lot width requirement. Ordinance 44-26 authorizes purchase of Lots 96-99, Block 930, Cape Coral Unit 26 and conveyance of Lot 12, Block 930, Unit 26 as surplus. Other items are administrative (software purchase, staffing, agreements, fees, assessments). No public comment sentiment is stated in the document. [2400 Diplomat Parkway East, Cape Coral, Florida 33909; case File #: 26-009 (Rev. 1) (appraisal file); Permit ROW24-000104 (utilities)] The document is a real estate appraisal report for a land and easement acquisition at 2400 Diplomat Parkway East, Cape Coral, Florida 33909, for the NE 24th Avenue Widening Project. The subject property is 364,189 square feet (8.36 acres), owned by Kirby Family Limited Partnership #3. The appraisal estimates the as is market value of the fee simple interest in the parent tract at $3,277,700, the proposed right-of-way acquisition parcel at $262,800, the remainder parcel at $3,014,900, and the proposed easement parcels at $231,800 total ($191,900 for Perpetual Utility Easement A and $39,900 for Perpetual Utility & Drainage Easement B). The appraisal is for the City of Cape Coral, with an effective date of value of February 11, 2026, and a report date of May 15, 2026. The document also includes a perpetual easement for a 10.00 foot wide Public Utility and Drainage Easement in Section 33, Township 43 South, Range 24 East, Lee County, Florida, granted by Kirby Family Limited Partnership #3 to the City of Cape Coral. The property is zoned as Commercial, Vacant (Use Code 1000). The document does not state a decision (approved/denied/deferred/recommended) or a case number for a development application, but it references File #: 26-009 (Rev. 1) for the appraisal and a permit ROW24-000104 for utilities dated 05/22/2024. No public comment or stakeholder sentiment is stated in the document. [2400 Diplomat Parkway East, Cape Coral, Florida] The document is an appraisal report for a property located at 2400 Diplomat Parkway East, Cape Coral, Florida, identified by STRAP Number 04-44-24-C1-00001.0000. The subject property is 8.36 acres (364,189 square feet) and is zoned CC (Commercial Corridor) under the City of Cape Coral zoning ordinances and designated 'Pine Island Road District' under the City of Cape Coral Future Land Use Plan. The City of Cape Coral is attempting to acquire a 30-foot wide portion of the property along the western boundary to facilitate the widening of NE 24th Avenue to four lanes, a 30-foot perpetual utility easement along the eastern boundary of the acquisition parcel, and an additional 10-foot perpetual utility and drainage easement along the northern boundary along Diplomat Parkway East. The acquisition parcel is 29,200 square feet (0.67 acres), the remainder site is 334,989 square feet (7.69 acres), Easement A (NE 24th Ave) is 21,325 square feet (0.49 acres), and Easement B (Diplomat Pkwy) is 4,428 square feet (0.10 acres). The appraised as is market value of the fee simple interest in the subject property as of February 11, 2026, is $3,277,700. The appraised value of the acquisition parcel is $262,800, the remainder parcel is $3,014,900, Easement A is $191,900, and Easement B is $39,900. The appraisal was prepared by Calusa Appraisal, LLC, with appraisers Nathan R. Chouinard (RZ0003278) and William W. Cole (RZ0002298). The highest and best use of the vacant property is for commercial or mixed-use development. The document does not state a decision, case number, or applicant/developer/owner name. It does not state any public comment or stakeholder sentiment. [Not stated for most items. The settlement item references the intersection of Chiquita Boulevard South and Mohawk Parkway. The natural gas line item references Yacht Club Community Park. The community development district is generally located adjacent to the North Spreader Waterway, south of Tropicana Parkway W., west of Burnt Store Road, north of SW Pine Island Road, and east of the Matlacha Pass Aquatic Preserve.; case Resolution 173-26, Resolution 182-26, Resolution 184-26, Resolution 187-26, Resolution 189-26, Ordinance 34-26 CDD26-000001, Contract No. PPD2190SB.] This document is a multi-item City Council agenda for Cape Coral, Florida, dated July 22, 2026. It includes several distinct items: a resolution to extend a school crossing guard services contract, a resolution for a memorandum of understanding with a nonprofit, a resolution for a settlement payment, a resolution for a natural gas line extension, a resolution for special magistrate services, and an ordinance to establish a community development district. No public comment or stakeholder sentiment is stated in the document. [Generally located east of Burnt Store Road, south of Yucca Pens Preserve, north of Wilmington Parkway, and west of Andalusia Boulevard, Cape Coral, Florida; case CDD26-000002; Ordinance 35-26] The document is a petition and supporting materials to establish the Star Farms at Cape Coral Community Development District (CDD) within the City of Cape Coral, Florida. The proposed District covers approximately 1,279.549 acres, generally located east of Burnt Store Road, south of Yucca Pens Preserve, north of Wilmington Parkway, and west of Andalusia Boulevard. The project is anticipated to contain approximately 2,500 residential dwelling units. The petitioner is Forestar (USA) Real Estate Group, Inc. The case number is CDD26-000002, and the ordinance is Ordinance 35-26. The requested action is to approve or deny the establishment of the CDD, with a recommendation of approval. The estimated cost of constructing capital facilities is approximately $220,985,639.90. The petition was submitted on May 5, 2026, and the City Council meeting is scheduled for July 22, 2026. The document does not state a final decision. The document does not contain any public comment or stakeholder sentiment. [831 and 842 Whispering Pines Road, Cape Coral, FL 33993; 1526 NE 13th Avenue, Cape Coral, FL 33909; case RZN26-000001 (Ordinance 38-26); FLUM26-000005 (Ordinance 39-26)] A rezoning request (Case No. RZN26-000001, Ordinance 38-26) for two parcels at 831 and 842 Whispering Pines Road, Cape Coral, FL 33993, totaling 33,161 square feet (0.76 acres). The applicant, Benito Dimayo, requests a change from Agricultural (A) to Single-Family Residential (R-1) zoning to allow for the construction of a single-family home on each property. City Planning Staff and the Hearing Examiner recommend approval. The City Council meeting is scheduled for August 5, 2026. A separate Future Land Use Map Amendment (FLUM26-000005, Ordinance 39-26) for 1526 NE 13th Avenue, Cape Coral, FL 33909, a 6,250 square foot parcel, requests a change from Single-Family Residential (SF) to Multi-Family Residential (MF) land use. The applicant is Thunder Properties 2, LLC, and City Planning Staff and Planning and Zoning recommend approval. The public hearing is set for August 5, 2026. [1526 NE 13th AVE (FLUM26-000005); 6025 and 6026 Tarpon Estates Court (PDP26-000002); case FLUM26-000005; PDP26-000002] This document is a multi-item agenda from the City of Cape Coral. It includes two distinct projects: 1) A future land use map amendment (FLUM26-000005) for a 6,250 square foot property at 1526 NE 13th AVE, changing from Single Family Residential (SF) to Multi-Family Residential (MF), applicant Thunder Properties 2, LLC, with a staff recommendation of approval and a P&Z Commission vote of 4-2 to recommend approval, scheduled for a City Council meeting on August 5, 2026. 2) A Planned Development Project (PDP) amendment (PDP26-000002) for Tarpon Point, specifically Lots 5 and 8 in Village C, located at 6025 and 6026 Tarpon Estates Court, to exempt these lots from the 100-foot minimum lot width requirement, applicant Avalon Engineering, with staff and Hearing Examiner recommendations of approval, scheduled for a public hearing on August 5, 2026. The document also includes a letter of intent and a letter of support from the Tarpon Point Property Owners for the PDP amendment. One letter of correspondence objecting to the FLUM amendment was received. [Between Rose Garden Road and the Caloosahatchee River/Glover Bight] The document is a City of Cape Coral ordinance approving the Tarpon Point Planned Development Project (PDP), a mixed-use development on approximately 148.07 acres located between Rose Garden Road and the Caloosahatchee River/Glover Bight. The project includes five multi-family village tracts (Villages A, B, D, E, F), 44 single-family residential building sites (Village C), two commercial tracts (Marina Villages 1 and 2), and three preservation area tracts. The approval includes rezonings from R-3 (Multi-Family) to RD (Residential Development), from C-1 (Pedestrian Commercial) to R-3 (Multi-Family), and from R-3 to C-1 within Marina Villages 1 and 2. The applicant/owner is Marina Resources, Inc. The ordinance was adopted by the Cape Coral City Council on February 26, 2001. The document includes numerous conditions regarding drainage, energy, hurricane evacuation, wetlands, fire protection, water conservation, solid waste, wastewater, water service, irrigation, air quality, historical/archaeological, transportation, subdivision, and general considerations. The document does not state any public comment or stakeholder sentiment. [6025 and 6026 Tarpon Estates Court; property located between Rose Garden Road and the Caloosahatchee River/Glover Bight; property located at Silverking Boulevard, Black Marlin Lane, and Tarpon Estates Boulevard; case PDP 06-00800006 (Ordinance 1-07); PDP 11-0005 (Ordinance 77-11); PDP26-000002] The document is a compilation of records for the Tarpon Point Planned Development Project in Cape Coral, Florida. It includes a 2003 survey of a 2.84-acre parcel in Tract 9, Cape Coral Unit 77, with a zone change to RD, for Tarpon Point Associates, LLC. It also includes a 2003 mortgagee consent to the Tarpon Point Plat. A 2007 ordinance (Ordinance 1-07) amended the PDP to repeal marina use in Marina Village 1, approve marina use in Marina Village 2, relocate the hotel from Marina Village 2 to Marina Village 1, increase hotel units from 230 to 268, allow restaurants in either village with a total of 500 seats, and allow retail/office space with a maximum of 45,000 square feet. A 2011 ordinance (Ordinance 77-11) amended the PDP to expand the project onto 13.5 acres of submerged lands, grant special exceptions for landscaping services, business office, recreation, and rental establishments in a C-1 zone, allow 1.5 parking spaces per unit for certain units, and allow multi-family dwelling units in the hotel building. A 2026 city council meeting item (PDP26-000002) requests eliminating a minimum lot width requirement for two residential lots at 6025 and 6026 Tarpon Estates Court. [6025 and 6026 Tarpon Estates Court; 2107 and 2119 Santa Barbara Boulevard; 2125 Santa Barbara Boulevard; SE Santa Barbara Place, Cape Coral, Florida 33991; case Ordinance #43-26; Ordinance 44-26; File #: 25-089] The document is a multi-item agenda from the City of Cape Coral. Item 1: Ordinance #43-26 amends Ordinance 14-01 for the Tarpon Point Planned Development Project, exempting Lots 5 and 8 in Village C from the 100-foot minimum lot width at the building line requirement. The subject properties are located at 6025 and 6026 Tarpon Estates Court. The amendment was recommended for approval by staff and the Hearing Examiner, with no speakers at the public input on May 19. The amendment is supported by the Tarpon Point Property Owners Association. Item 2: Ordinance 44-26 authorizes the City Manager to enter into a Contract for Sale and Purchase with Peter J. Look, Trustee, for the purchase of Lots 96 through 99, Block 930, Cape Coral Unit 26, plus one-half of the vacated alley right-of-way, for $250,000 plus closing costs not to exceed $7,000, for a future parking area along the southeastern boundary of 2107 Santa Barbara Boulevard. The City will convey Lot 12, Block 930, Cape Coral Unit 26, plus one-half of the vacated alley right-of-way, to the Seller, and accept a Permanent Drainage Easement on the easterly 53.5 feet of Lot 12. The requested action is introduction, with a public hearing set for August 5, 2026. The document also includes a real estate appraisal report for the property at SE Santa Barbara Place, Cape Coral, Florida 33991, estimating a plottage value of $240,000 as of November 5, 2025.
Agenda items
- A Committee of the Whole is Scheduled for Wednesday, July 29, 2026, beginning at 9:30 a.m. in Council Chambers.
- A Community Redevelopment Agency Meeting is Scheduled for Wednesday, July 29, 2026, beginning at 9:00 a.m. in Council Chambers.
- CITIZENS INPUT TIME
- Councilmember Lastra
- Follow Up Items for Council
- Follow Up Items from City Management
- LAST CALL FOR COMMENT CARDS
- MEETING CALLED TO ORDER
- Mayor Gunter
- Mayor Gunter, Council Members Donnell, Kaduk, Kilraine, Lastra, Lehmann, Long, Steinke
- Ordinance 34-26 CDD26-000001 Public Hearing
- Ordinance 35-26 CDD26-000002 Public Hearing
- Ordinance 38-26 (RZN26-000001*) Set Public Hearing for August 5, 2026
- Ordinance 39-26 FLUM26-000005 Set Public Hearing for August 5, 2026
- Ordinance 43-26 (PDP26-000002*) Set Public Hearing for August 5, 2026
- Ordinance 44-26 Set Public Hearing for August 5, 2026
- Public Hearings - Legislative Hearings
- RECOGNITIONS/ACHIEVEMENTS - None
- Resolution 156-26
- Resolution 168-26
- Resolution 173-26
- Resolution 174-26 Public Hearing
- Resolution 175-26 Public Hearing
- Resolution 176-26 Public Hearing
- Resolution 177-26 Public Hearing
- Resolution 178-26 Public Hearing
- Resolution 182-26
- Resolution 184-26
- Resolution 187-26
- Resolution 189-26
- Resolution 194-26 Public Hearing
- TIME AND PLACE OF FUTURE MEETINGS
Follow this across meetings
Applicants and firms
- Benito Dimayo (Ordinance 38-26); Stephanie Ottar-Gieder (Ordinance 39-26); Avalon Engineering (Ordinance 43-26); Gulf Gateway Resort and Marina, LLC (Ordinance 34-26); Forestar (USA) Real Estate Group, Inc. (Ordinance 35-26); Kirby Family Limited Partnership #3 (Resolution 168-26); Peter J. Look, Trustee (Ordinance 44-26)
- Kirby Family Limited Partnership #3 (owner); The City of Cape Coral (client/intended user)
- Gulf Gateway Resort and Marina, LLC for the 7 Islands Community Development District. Waterfield Florida Staffing, LLC d/b/a Action Labor of Florida for the school crossing guard contract. Peoples Gas System, Inc. for the natural gas line. Operation Light Shine for the MOU. MaryAnne Lukacs for special magistrate services. The settlement item does not name the responsible parties.
- Forestar (USA) Real Estate Group, Inc.
- Benito Dimayo for the Whispering Pines parcels; Thunder Properties 2, LLC for the NE 13th Avenue parcel
- Thunder Properties 2, LLC (FLUM26-000005); Avalon Engineering (PDP26-000002)
- Marina Resources, Inc.
- Tarpon Point Associates, LLC; Tarpon Land, LP and Freeman & Hasselwander Resort Properties, L.L.C.; James Rizzo and Suzanne Rubinetti, Michael and Whitney Kirby (owners for PDP26-000002); Linda Miller, Avalon Engineering (applicant for PDP26-000002)
- Owners of Lots 5 and 8 in Village C of Tarpon Point; Peter J. Look, Trustee; City of Cape Coral
Locations
- 2400 Diplomat Parkway East; 831 Whispering Pines Road; 842 Whispering Pines Road; 1526 NE 13th Avenue; 6025 and 6026 Tarpon Estates Court; Silver King Boulevard, Black Marlin Lane, Tarpon Estates Boulevard, Tarpon Gardens Circle, Tarpon Estates Court; Lots 96 through 99, Block 930, Cape Coral Unit 26; Lot 12, Block 930, Unit 26, Cape Coral Subdivision
- 2400 Diplomat Parkway East, Cape Coral, Florida 33909
- 2400 Diplomat Parkway East, Cape Coral, Florida
- Not stated for most items. The settlement item references the intersection of Chiquita Boulevard South and Mohawk Parkway. The natural gas line item references Yacht Club Community Park. The community development district is generally located adjacent to the North Spreader Waterway, south of Tropicana Parkway W., west of Burnt Store Road, north of SW Pine Island Road, and east of the Matlacha Pass Aquatic Preserve.
- Generally located east of Burnt Store Road, south of Yucca Pens Preserve, north of Wilmington Parkway, and west of Andalusia Boulevard, Cape Coral, Florida
- 831 and 842 Whispering Pines Road, Cape Coral, FL 33993; 1526 NE 13th Avenue, Cape Coral, FL 33909
- 1526 NE 13th AVE (FLUM26-000005); 6025 and 6026 Tarpon Estates Court (PDP26-000002)
- Between Rose Garden Road and the Caloosahatchee River/Glover Bight
- 6025 and 6026 Tarpon Estates Court; property located between Rose Garden Road and the Caloosahatchee River/Glover Bight; property located at Silverking Boulevard, Black Marlin Lane, and Tarpon Estates Boulevard
- 6025 and 6026 Tarpon Estates Court; 2107 and 2119 Santa Barbara Boulevard; 2125 Santa Barbara Boulevard; SE Santa Barbara Place, Cape Coral, Florida 33991
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