Cape Coral City Council denied a rezoning request made by Duplexes Resort Park LLC that would’ve changed the density, height and allowable uses on a 25-acre property in the northeast part of the city.
The applicant requested a rezoning from residential multifamily low to residential multifamily medium, which would’ve increased the maximum density from 16 units per acre to 25 units per acre and increased the maximum height from 50 feet to 60 feet at 1322 NE 12th Ave.
The property takes up an entire block and is currently vacant. Surrounded by one-story, single-family homes, Council said the changes weren’t a proper fit for the area.
The motion to deny the rezoning of the site was approved in a 7-1 vote, with council member Dan Sheppard as the nay vote.
City planning staff recommended denial of the proposed rezoning, finding it met just four out of six land development code criteria.
Staff cited several reasons why the area is unsuitable for rezoning, including that the streets serving the subject property provide access to multiple single-family residences. There are no utilities on-site and the location isn’t along a major roadway, which would make all estimated additional trips to access the property through local streets within the neighborhood.
“Having been there, I don’t think it fits in this area,” council member Jennifer Cosden said. “I don’t think it makes sense and I don’t think traffic-wise, it’ll work out. I know that developers have to make improvements when they develop new properties, but I can’t see any possible improvement that would make this traffic situation better.”
Mayor John Gunter agreed with Cosden in terms of traffic and access. “You basically have one road to the north and one road to the south,” he said. “You already have at least 160 homes, which appear [to be] about half built out, so there’s still a lot of vacant property there. If you look into 24 acres at 16 units per acre, that’s 384 units and 600 units at the 25 units per acre. That’s a lot of density in that small area with only two roads for access.”
Staff also concluded the proposed rezoning would allow a building height that will be out of character with the one-story, single-family homes nearby.
Generally, staff determined the existing zoning of residential multifamily low would have lesser impact than the proposed zoning.
The rezoning was heard by the city’s hearing examiner in September, who recommended approval. At that time, five people spoke against the rezoning and a petition of opposition signed by more than 50 neighbors of the site was submitted.
Former mayor Joe Mazurkiewicz spoke on behalf of the applicant, stating the proposed rezoning would allow for a high-end multifamily project. “At the hearing examiner, [neighboring residents] talked about and letters that were sent in talked about decreasing the value of their properties,” he said. “Multifamily residential with good amenities and beautifully landscaped, designed and maintained property enhances the value of the properties around it.”
With the current residential multifamily low zoning, the developer can still build a multifamily project with up to 16 units per acre at 50 feet high.
