PDP Abandonments.
Cape Coral Land Development Code § 3.4.9
in effectSection 3.4.9. - PDP Abandonments.
A. PDP abandonments provide a process to eliminate a development order governing activities in the PDP project area and allowing future development to occur in accordance with the LDC. An abandonment eliminates all entitlements established in the PDP development order except for those identified in 3.4.9.B.2.b. of this section. Similarly, all conditions of approval established in the PDP will be eliminated upon approval of the abandonment.
B. General Requirements.
1. The owner or owners of 100% of the property governed by the PDP shall file an application requesting the PDP abandonment. In the case of residential PDPs, the Director may exempt the owners of single-family residential lots from this requirement. In the event 100% of the property owners cannot be obtained, the abandonment request may be approved by the City Council following a noticed public hearing.
2. A letter of intent outlining:
a. A request to abandon the PDP and the reasons for the request;
b. Acknowledgement that the petitioners agree to relinquish all entitlements granted by the PDP, except for any rezone, vacation, variance, or subdivision approval;
c. A current site plan or sketch showing all improvements to the project area; and
d. A legal description and accompanying sketch of the area proposed to be abandoned.
C. Review Criteria and Standards.
1. All conditions appearing in the development order shall meet at least one of the following criteria:
a. The condition has been satisfied by the developer;
b. An unsatisfied condition will not have an adverse effect on other property owners in the project; or
c. An unsatisfied condition will not have an adverse effect on the City.
D. Notice. For cases involving City Council approval noticing requirements shall follow those procedures as set forth in Section 3.1.10. except that mailed notices shall be sent to all property owners owning property within the PDP project as well as to all property owners owning property within 500 feet of the project area.
E. Decisions.
1. Applications that include the signatures from all property owners owning 100% of the land in the project may be administratively approved based on the review criteria and standards set forth in Section 3.4.9.C. at the sole discretion of the Director.
2. Applications that do not include 100% of the property owners owning 100% of the land area in the project may be approved based on the review criteria and standards set forth in Section 3.4.9.C. by the City Council following a public hearing.
F. Recording. A notice of abandonment shall be recorded with the Lee County Clerk of Circuit Court following approval of an abandonment. The applicant shall be responsible for reimbursing the City for all recording fees.
G. Appeals. Appeals to a decision by the Director under this subsection shall be in accordance with LDC, Section 3.1.14.
(Ord. 48-22, § 5, 8-3-2022)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=ART3DERE_CH4SPREPRUADIPEAP_S3.4.9PDABFetched: 11/4/2026