Planning and Zoning Commission backs rezoning of 1526 NE 13th Ave to allow multifamily units

The Planning and Zoning Commission voted July 1 to recommend approval of Ordinance 3926, a privately initiated future land-use amendment to reclassify 1526 Northeast 13th Avenue from single-family to multifamily residential.

Wyatt Daltry, planning team coordinator in the City Planning Division, told commissioners the 6,250-square-foot lot sits adjacent to existing multifamily parcels and that staff reviewed the proposal under Section 3.5.2 C of the land development code. "Staff recommends approval," Daltry said, adding that the proposed amendment meets five of six review criteria and is consistent with the comprehensive plan. Staff also reported receiving one letter of public objection prior to the hearing.

During public comment, nearby resident Jerry Murphy of 1513 NE 15th Lane said he was "vehemently opposed" to the change, raised concerns about school-bus and pedestrian activity at the proposed site and warned that a four-unit building would be "insane" and would harm neighborhood character. "You're just going to make it look like a ghetto," Murphy said. The owner, Stephanie Atar Guider, said she owns both parcels and urged approval, noting utilities and two water meters already exist on the lots.

Staff told the commission a formal traffic study is required only when a proposal would generate roughly 200 peak-hour trips; because the site is small, Daltry said the change would likely result in "one additional PM peak hour trip," which staff characterized as de minimis. Commissioners asked whether a duplex or a tightly fitted fourplex could be built after assembling the lots; staff and property owners said the original intent is duplex construction, though code calculations showed a theoretical possibility of up to four units on the assembled parcel depending on exact lot area, setbacks and parking.

After questioning about utilities, historical lot splits and buildability, the commission debated a motion to deny and then voted on a motion to recommend approval. The motion to recommend approval carried on roll call and will be forwarded to city council for final action.

The commission recorded that the application was privately initiated and that staff gave a recommendation of approval; it did not adopt site-specific conditions at the hearing. Next steps are review and final disposition by the Cape Coral City Council.