Planning and Zoning Commission – Regular Meeting

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MINUTES OF THE REGULAR MEETING OF THE CITY OF CAPE CORAL PLANNING & ZONING COMMISSION

WEDNESDAY, MARCH 4, 2026

Chair Apking called the meeting to order at 9:00 a.m.

A moment of silence was observed.

Pledge of Allegiance.

ROLL CALL: Apking, Botana, Estes, Senatore, Severson, and Alternates Lemieux and Schwartz were present. Commissioners Martin and Moore were excused.

ALSO PRESENT: Keith Long, Council Liaison Cody Vaughan-Birch, Assistant City Attorney John Naclerio, Senior Assistant City Attorney Michael Massoglia, Deputy Director - Parks & Recreation Mike Struve, Planning Team Coordinator Crystal Feast, Financial Services Director

CHANGES TO AGENDA / ADOPTION OF AGENDA

Chair Apking inquired if there were any changes to the agenda. There were none.

MOTION: Adopt the agenda as presented. OUTCOME: passed VOTE: unanimous AYES: Apking, Botana, Estes, Senatore, Severson, Lemieux, Schwartz

APPROVAL OF MINUTES Regular Meeting Minutes – February 4, 2026

MOTION: Approve the Regular Meeting Minutes from February 4, 2026, as presented. OUTCOME: passed VOTE: unanimous AYES: Apking, Botana, Estes, Senatore, Severson, Lemieux, Schwartz

BUSINESS None.

PLANNING AND ZONING COMMISSION PUBLIC HEARING

Ordinance 8-26 An Ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the City of Cape Coral, Florida, Land Development Code, by repealing Section 3.3.10,

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Special Events, which is set forth within Article 3, Development Review, Chapter 3, Specific Review Procedures-Administrative Permits and Approvals; amending the City of Cape Coral, Florida, Code of Ordinances, Chapter 12 ½, Parks and Recreation, by creating a new Article II, Special Events, Section 12 ½ - 10, Special Events, pertaining to the regulation of special events in the City; providing for severability and an effective date.

Parks and Recreation Deputy Director Massoglia displayed the following slides: * Ord 8-26 Special Events Ordinance Changes (Planning and Zoning Commission Hearing March 4, 2026) * Summary of Ordinance * Special Events Permit Department Requirements (3 slides)

Public hearing opened. No speakers. Public hearing closed.

Discussion held regarding: * Violations fall under three categories: events held without permission, information falsification on application, or because the rules of the permit were violated * Confirmation that this would address all situations * Possible tiered system for repeat offenders should Code Enforcement have the ability to address violations * Violations currently fall under the Land Development Code (LDC) * This is an administrative clean up item as the LDC doesn’t apply * Should additional changes be required, City Council would review

MOTION: Recommend approval of Ordinance 8-26, as presented. OUTCOME: passed VOTE: Ayes 7 / Nays 0 AYES: Apking, Botana, Estes, Senatore, Severson, Lemieux, Schwartz NAYS: None

Ordinance 10-26 (TXT26-000002) An Ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the Land Development Code of the City of Cape Coral, Florida, Section 1.15. Measurements, as set forth within Article 1, General Provisions; and Section 3.3.6. Administrative Deviations, as set forth within Article 3, Development Review, Chapter 3, Specific Review Procedures-Administrative permits and approvals; and Section 5.1.12. as set forth within Article 5, Development Standards; Chapter 1, General requirements for all development, regarding height restrictions for both buildings and structures; providing for severability and an effective date. City Planning Staff Recommendation: Approval

Planning Team Coordinator Struve displayed the following slides:

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* Ordinance 10-26: Proposed Amendments to Height Regulations * Purpose * LDC, Section 1.15. – Measurements * LDC, Section 3.3.6. – Administrative Deviations * LDC, Section 5.1.12. – General regulations for lots, yards, setbacks, and height * Benefits * Recommendation: Recommend Approval * Correspondence: None

Public hearing opened. No speakers. Public hearing closed.

Discussion held regarding: * Regulations regarding a private party erecting a flagpole on private property * A permit is required for a flagpole and maximum height is already established * Flagpole height in commercial corridors is higher than private property * Flagpoles go through a review to confirm they are structurally sound and will withstand high winds, such as a catastrophic storm event * The City is exempt from height ordinances presuming all other zoning requirements are met * Not all zoning districts have the same height requirements; for districts without a height restriction, Floor Area Ratio (FAR) is used to determine maximum heights * Height measurement factors * Some requirements are influenced by human occupancy; church steeples currently have no restrictions * Unlimited building height considered vague * Height restrictions are based upon the zoning district * Trying to avoid essential service buildings and parks from needing a variance

MOTION: Recommend approval of Ordinance 10-26 (TXT26-000002), as presented. OUTCOME: passed VOTE: Ayes 4 / Nays 3 AYES: Apking, Botana, Estes, Severson NAYS: Senatore, Lemieux, Schwartz

Ordinance 11-26 An Ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the City of Cape Coral, Florida, Code of Ordinances, Chapter 2, Administration, Article II, Fees, Division 4, Recreational Facilities Impact Fee, Section 2-24.14, Findings and purpose; Section 2-24.15, Definitions; Section 2-24.16, Fees imposed; time of payment; fees adjusted by City Council based upon evidence presented by applicant; Section 2-24.18, Use of proceeds; Section 2-24.19 Trust fund established; disbursement of funds

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and investments; and Section 2-24.20, Annual review of recreational facilities impact fee; relating to the imposition of recreational facilities impact fees; providing for codification and resolution of conflicting laws; providing for severability and an effective date.

Financial Services Director Feast displayed the following slides: * Public Safety and Parks Impact Fees * Impact Fee Basics – What are they? * Development Impact Fees to be Implemented: Police, Fire, Advanced Life Support (ALS), and Parks * Nexus Study Methodology – Proposed Fee Methodology * Nexus Study Methodology – Proposed Basis of Allocation * Proposed Development Impact Fee Schedule (Maximum Calculated Allowable Fees) * Single Family Residence Example (Residence <30,000 SQ. Ft. Gross Area) * Commercial Construction Example (Facility >30,000 SQ. Ft. Gross Area) * Nexus Study Findings and Updates

Public hearing opened. No speakers. Public hearing closed.

Discussion held regarding: * Implementing the requested increases as scheduled, the DTA Justification Study believes the true cost will be represented * City has implemented other new fees; however, this is an existing fee that hasn’t been updated in 20 years * Fees to be implemented as per Florida State Statute; moving to the maximum amount over the next two to four years * Balance between fee increases and the strain on infrastructure will impact affordable housing in the City * Can’t afford to let infrastructure degrade to the point it affects public safety * Fee updates are needed; at a tipping point since dealing with 50-year-old infrastructure in addition to growth needs * Underground electrical development is not considered in this study; power companies have jurisdiction over underground lines

MOTION: Recommend approval of Ordinance 11-26, as presented. OUTCOME: passed VOTE: Ayes 5 / Nays 2 AYES: Apking, Botana, Estes, Severson, Lemieux NAYS: Senatore, Schwartz

Ordinance 12-26 An Ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending

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the City of Cape Coral, Florida, Code of Ordinances, Chapter 2, Administration, Article II, Fees, Division 3, Public Safety Impact Fee, Section 2-24.8, Definitions; Section 2-24.9, Fees imposed; time of payment; fees adjusted by City Council based upon evidence presented by applicant; fire and rescue impact fee credits; Section 2-24.10, Refunds and fee for special fire safety needs; Section 2-24.12, Use of proceeds; and Section 2-24.13, Annual review and adjustment of public safety impact fee; relating to the imposition of public safety impact fees; providing for codification and resolution of conflicting laws; providing for severability and an effective date.

Financial Services Director Feast announced that the prior presentation addresses this ordinance as well.