Cape Council to discuss requiring West Cape Estates to connect to city utilities
City says municipal water & sewer hookup is mandatory; development officials say it is not
Cape Coral City Council will discuss requiring a small gated community in the northwest Cape with private utilities to hook up to city’s water and sewer system.
Among the items on Wednesday’s workshop agenda is discussion on West Cape Estates, which “utilizes private water and wastewater systems and contends that connection to the city’s system is not legally required or mandated.”
The city’s position is that connection is mandatory.
“If the mayor and council elect to enforce the existing legal framework, the city should anticipate that costly litigation may be necessary to compel the Community’s compliance with those mandatory connection requirements,” agenda documents state.
The documents further state that if the council wants to authorize West Cape Estates Community to continue using private water and wastewater systems, amendments to the Planned Development Ordinance, and mandatory connection policy would have to be made.
A letter was sent to the homeowner’s association stating that the “next steps for West Cape Estates would be to submit a written plan of action and proposed timeline for completion of the required connections no later than June 6, 2026,” the Feb. 19, 2026, letter from Utilities Director Jeff Pearson said.
A letter sent from Ernest W Sturges, Jr. of Goldman Tiseo Sturges Attorney at Law on March 24, 2026, said “In conjunction with our review of the letter, we have reviewed the City of Cape Coral, Florida (the “City”) initial assessment resolution for the North 2 Potable Water Improvement Area, Resolution No. 104-17, dated June 14, 2017 (the “Resolution”). Section 3.08(A)(II) specifically addresses West Cape Estates and provides that the tax parcels comprising West Cape Estates should not be subject to assessments contemplated under the Resolution. This section further provides that if the owners of parcels in West Cape Estates should apply to the City for the provision of central utility services, then such owners will be responsible for any applicable Contribution in Aid of Construction fees, Utility Expansion Fees, and/or any other expenses necessary for the provision of potable water service by the City, in accordance with the City Code and any resolutions adopted thereunder.”
West Cape Estates is a small gated community of high-end single-family homes in the northwest Cape. It is promoted as a waterfront boating community with most homesites having direct Gulf access.
Other items to be discussed during the workshop include a special events presentation, LeeBIA Builders Care Property donation, surplus property discussion, and “feather” banners.
The meeting will take place at 9 a.m. Wednesday, Aug. 12, in City Council Chambers, 1015 Cultural Park Blvd.
The meeting is open to the public.