Planning commission approves code changes allowing limited easement encroachments, clarifying fill limits and permitting front-yard HVAC screening

Deputy Development Services Director Matthew Grambo presented ordinance 25-25 to the Planning & Zoning Commission on June 4, proposing three amendments to the City of Cape Coral’s land development code aimed at increasing flexibility for residential development.

The ordinance contains three changes: (1) it would create an administrative deviation process enabling limited encroachment into six-foot public utility easements adjacent to single-family lots when certain conditions are met; (2) it clarifies maximum allowed fill in special flood hazard areas by distinguishing foundation fill (maximum 12 inches) from on-site fill outside structures (maximum 30 inches); and (3) it allows placement of heating, ventilation and air-conditioning (HVAC) equipment in front yards under the same screening requirements currently required for generators.

Grambo said the PUE deviation would be administrative, with the development services director making final decisions if conditions are met: the encroachment may not contain mechanical, electrical or plumbing equipment or pads; at least 18 inches of the PUE must be preserved from the property line; letters of no objection from each utility provider with an interest in the PUE must be submitted; and an executed, recorded hold-harmless and indemnification agreement is required.

On fill limits, Grambo said the proposal formalizes long-standing administrative interpretations developed through conversations with local builders and industry groups. Under the change, foundation fill remains capped at 12 inches, while grading and site-shaping outside foundations may allow up to 30 inches; the building official retains the ability to grant deviations if they do not adversely affect drainage, floodplain management or neighboring properties.

On front-yard HVAC, the ordinance treats HVAC similarly to generators: front placement is permissible if an enclosure meets the city’s screening, material and height requirements and is architecturally compatible with the house’s facade.

Commissioners asked about practical implications. Commissioner Schwartz asked why mechanical equipment was excluded from the PUE deviation; Grambo and staff described emergency access and utility-provider concerns about removing and servicing equipment in a utility corridor. Commissioner Botana asked whether the broader mobility and road capacity needs could be harmed by expanding the scope of fee-funded projects (from an earlier mobility discussion); staff replied that capacity projects remain eligible under the mobility plan and the LDC change does not exclude roadway projects.

A motion to approve ordinance 25-25 was made by Commissioner Appkin and seconded by Commissioner Martin. The roll call showed all ayes and the motion carried.

Ending: The commission approved the text amendment and advanced the ordinance toward City Council consideration; staff said these changes were reviewed with the Cape Coral Construction Industry Association and the Lee Building Industry Association.