Council rejects special‑magistrate recommendation in Blue Water Trust rezoning dispute

Cape Coral’s City Council voted 6–1 on Nov. 5 to reject a special magistrate’s recommendation that would have overturned the council’s earlier denial of a rezoning application by Blue Water Trust LLC.

The rezoning request, RZN24‑00005, sought to change properties at 1224 and 1306 Country Club Boulevard from professional‑office commercial zoning to multifamily residential. The city attorney briefed council that the applicant pursued a non‑binding dispute resolution under the Florida Land Use and Environmental Dispute Resolution Act (FLUJA), identified in the transcript as a provision of section 70.51 of the Florida Statutes. The special magistrate recommended the council’s earlier denial was unreasonable and unfairly burdensome to the property owner.

Patrick Stevens, counsel for Blue Water Trust LLC, told council the parcel sits among duplexes and is a vacant lot with limited commercial access; he asked the council to accept the magistrate’s finding and reverse the denial. “We were hoping to have the council… follow the magistrate’s recommendation,” Stevens said during his three‑minute presentation.

City staff, the manager and the city attorney recommended the council reject the magistrate’s recommendation and preserve the prior denial. Council members debated the balance between preserving commercial professional space and granting residential entitlements; the motion on the floor—to reject the magistrate’s finding—carried 6–1, with Council Member Donnell recorded as the lone nay.

The council document and roll call reflect the formal rejection; staff will notify the applicant in writing and proceed consistent with the council’s action. The council’s rejection leaves the prior zoning designation intact pending any future applications by the property owner.