Council rejects magistrate’s finding, again denies rezoning request
Cape Coral City Council rejected a special magistrate finding and upheld its denial of rezoning property on Country Club Boulevard Wednesday.
The action leaves the zoning as professional, instead of the requested residential multi-family low, a zoning similar to when the properties were purchased.
The rezoning request was to allow for the construction of four duplexes homes on Country Club Boulevard, two vacant parcels on 0.92 acres. According to city documents, the property was purchased in 2002 and the property was rezoned by the city in 2007 from multifamily residential to professional office.
City Attorney Aleksandr Boksner said the rezoning request was originally brought before the council for property 1224 Country Club Blvd. and 1306 Country Club Blvd. on May 21, 2025, to rezone from professional office/commercial to residential multi-family low. The rezoning had a unanimous denial from council. In response to the denial, the applicant evoked Florida Land Use Environmental Dispute Resolution Act, a nonbinding dispute resolution where the matter is brought before a special magistrate, he said.
The written recommendation determined the zoning to be unreasonable and unfairly burdens the use of the property.
The special magistrate’s findings and recommendation, “although the property fronts a collector roadway, its shallow depth and adjacency to existing duplexes significantly limit its potential for viable commercial development. The property’s configuration, parking requirements, and buffering standards make professional use impractical. Conversely, duplex development would be consistent with the neighborhood’s existing pattern and the Comprehensive Plan’s direction for small infill parcels under one acre.”
“We are required to have it brought before City Council within a 30-day period of time,” Boksner said, adding that the staff recommendation is to “reject the recommendation of the special magistrate.”
Attorney Patrick Stevens, with Wolfe Stevens PLLC, who was retained, said the applicant filled out the application to rezone and went through the hearing examiner hearing, and that they met the rezoning requirements.
The special magistrate determined the denial was unreasonable and an unfair burden, he said.
“The denial did unfairly burden the property,” Stevens said. “We were asking the council to change their decision and follow the magistrate’s recommendation.”
The property on Country Club Boulevard is vacant, he said, and is surrounded by duplexes.
“The size of the property is not viable for a commercial property,” Stevens said.
Council voted to reject the magistrate’s ruling.
Councilmember Bill Steinke was excused from the meeting, and Councilmember Dr. Derrick Donnell voted against the motion.
“We are very concerned to make sure we have enough professional commercial space. This fits the opportunity to continue on that path,” said Councilmember Joe Kilraine, who voted with the majority.
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