Hearing examiner approves special exception for coffee roastery at Pine Island with odor-control condition

The hearing examiner granted a special exception Tuesday, Oct. 7, 2024, allowing a coffee-roasting operation (SPX25-000005) at the Pine Island Commercial Center, subject to six conditions including a requirement that all coffee roasters be equipped with afterburners or comparable odor-control equipment.

The decision affects a proposed building on Lot 2 of a four-parcel site between Pine Island Road and Cedis Parkway, within the Pine Island Road District. The applicant, represented by Linda Miller of Avalon Engineering, sought a special-exception approval to permit a light-industrial use (coffee roasting) in the city’s Commercial Corridor (CC) zoning district.

The hearing matter matters because the project places light-industrial operations near nonconforming residential parcels north of the site and raises odor, lighting, traffic and public-safety questions. Planning staff recommended approval with five conditions; after a brief recess the applicant and staff agreed to add a sixth condition requiring odor-control equipment, and the hearing examiner adopted that approach.

Candace Ford, a planner with the Cape Coral City planning division, told the hearing examiner that the city properly advertised the case: “the signs were placed on-site, mailers were sent out to all residents within 500 feet, and a newspaper ad was placed in the local newspaper.” Ford’s staff report said the combined property equals about 10.32 acres and that the special exception will apply to roughly 8.31 acres (Lot 2). Based on the conceptual plan provided to the city, the applicant described a first-floor area “of about 393,965 square feet” and an additional office area of about 6,104 square feet.

Ford summarized land-use consistency and code standards the city considered, citing the city’s comprehensive-plan policies (including Pine Island Road District guidance) and Land Development Code criteria for special exceptions. Staff found the site generally suitable for the proposed light-industrial use because it is flat, rectangular, has centralized water and sewer service, and exceeds typical setback requirements; staff reported a north setback of about 483.94 feet from the building to the north property line and noted the closest dumpster area is about 474 feet from that line.

The applicant’s representative, Linda Miller, and Travis Ruhl, founder and CEO of Bones Coffee, described the roasting process and mitigation measures. Ruhl said Bones Coffee operates roasters that exhaust through rooftop stacks and use afterburners to oxidize smoke: “they eliminate 98% of any smoke or odor coming from, from the roasting process.” He said the company donates chaff (a roasting byproduct) to a Fort Myers farm for composting and that its current roastery (operating since 2019 in Mid Cape Terrace) has produced “0 complaints” from neighbors year to date. Ruhl described proposed hours as Monday through Friday, roughly 7 a.m. to 5 p.m., with about three to five pickups per day.

Planning staff recommended five conditions of approval: (1) except for loading/unloading, coffee manufacturing activity must occur indoors; (2) all doors on manufacturing buildings must be closed except for loading/unloading; (3) no storage of products, supplies or materials outside the building; (4) a minimum 100-foot building setback from residential properties to the northeast; and (5) exterior light adjacent to residential parcels must not exceed 2 foot-candles at the closest point. After a recess for applicant-staff discussions, the parties agreed to add condition (6): “All coffee roasters shall be equipped with afterburners for reducing odors generated during the roasting process. Comparable equipment may be approved by the DSD director or designee upon finding that said equipment will also provide odor abatement similar to that of an afterburner. Cut sheets or similar documentation shall be provided to the city for verifying odor control.”

Ford told the examiner that the fire department anticipates minor impacts (the site is in Fire Zone 8, with an estimated about 30 calls per year) and the police department anticipated a minor increase in calls (2–4% in the Southwest District, less than 1% citywide) and more after-hours checks because of large parking/warehouse areas and commercial vehicle movements. Ford characterized most public-safety concerns as generalized for development along the corridor rather than unique to this applicant; she noted delivery trucks could raise particular security concerns.

No members of the public offered testimony during the hearing. The hearing examiner, Madam Hearing Examiner Harrington, said she would grant the special exception with the added odor-control condition and aim to issue the written order promptly. The examiner closed the hearing at 10:03 a.m., and announced the next hearing date as Nov. 4, 2025, at 9 a.m. in Council Chambers.

Votes at a glance: There was no formal roll-call vote recorded; the Hearing Examiner issued an administrative approval (special exception granted) with conditions and will issue a written order.

Implementation notes: Condition 6 requires the applicant to submit technical documentation (cut sheets or equivalent) demonstrating that installed equipment will achieve odor abatement comparable to an afterburner; the DSD director or designee may approve alternative technologies if they provide equivalent odor control. The applicant and staff expressed agreement with the condition during the hearing and the examiner adopted it as part of the order.