Cape Coral Planning & Zoning Commission/Local Planning. Agency AGENDA. Wednesday, October 5, :00 AM Council Chambers

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1 Cape Coral Planning & Zoning Commission/Local Planning Agency 1. CALL TO ORDER A. Chair Read 2. MOMENT OF SILENCE AGENDA Wednesday, October 5, :00 AM Council Chambers 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ROLL CALL A. Hewitt, Kitiblewski, Morris, Peterson, Ranfranz, Read, Schneider, Alternates Marmo and Koskinas 5. APPROVAL OF MINUTES A. September 7, 2016 regular meeting minutes 6. BUSINESS 7. PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY PUBLIC HEARING A. Ordinance 50-16/LU WHAT THE ORDINANCE ACCOMPLISHES: An ordinance amending the Future Land Use Map from Commercial/Professional (CP) to Multi-Family Residential (MF) Land Use for property located at 3817 Del Prado Boulevard South. 8. STAFF UPDATES

2 9. OTHER BUSINESS 10. LPA MEMBER COMMENTS 11. DATE AND TIME OF NEXT HEARING A. Regular Meeting: Wednesday, November 2, 2016, 9:00 a.m. in Council Chambers 12. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statutes , persons needing a special accommodation to participate in this proceeding should contact the City Clerk's Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance, if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. If a person decides to appeal any decision made by the Board/Commission/Committee with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.

3 Item Number: 1.A. Meeting Date: 10/5/2016 Item Type: CALL TO ORDER AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Chair Read REQUESTED ACTION: STRATEGIC PLAN INFO: 1. Will this action result in a Budget Amendment? 2. Is this a Strategic Decision? If Yes, Priority Goals Supported are listed below. If No, will it harm the intent or success of the Strategic Plan? Planning & Zoning Recommendations: SUMMARY EXPLANATION AND BACKGROUND: LEGAL REVIEW: EXHIBITS: PREPARED BY: Division- Department- SOURCE OF ADDITIONAL INFORMATION:

4 Item Number: 4.A. Meeting Date: 10/5/2016 Item Type: ROLL CALL AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Hewitt, Kitiblewski, Morris, Peterson, Ranfranz, Read, Schneider, Alternates Marmo and Koskinas REQUESTED ACTION: STRATEGIC PLAN INFO: 1. Will this action result in a Budget Amendment? 2. Is this a Strategic Decision? If Yes, Priority Goals Supported are listed below. If No, will it harm the intent or success of the Strategic Plan? Planning & Zoning Recommendations: SUMMARY EXPLANATION AND BACKGROUND: LEGAL REVIEW: EXHIBITS: PREPARED BY: Division- Department- SOURCE OF ADDITIONAL INFORMATION:

5 VOLUME XXXVII PAGE: 345 SEPTEMBER 7, 2016 MINUTES OF THE REGULAR MEETING OF THE CITY OF CAPE CORAL PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY WEDNESDAY, SEPTEMBER 7, 2016 COUNCIL CHAMBERS 9:00 A.M. Vice Chair Ranfranz called the meeting to order at 9:00 a.m. A moment of silence was observed. Vice Chair Ranfranz led the Pledge of Allegiance. ROLL CALL: Hewitt, Kibitlewski, Peterson, Ranfranz, and Alternates Koskinas and Marmo were present. Morris, Read, and Schneider were excused. ALSO PRESENT: Amy Yearsley, Housing Coordinator Chad Boyko, Principal Planner Bob Pederson, Planning Manager Brian Bartos, Assistant City Attorney John Naclerio, Assistant City Attorney Rana Erbrick, Council Liaison APPROVAL OF MINUTES August 3, 2016 Regular Meeting Minutes Commissioner Hewitt moved, seconded by Commissioner Peterson to approve the minutes of the regular meeting held on August 3, 2016 as presented. Commission polled as follows: Hewitt, Kibitlewski, Peterson, Ranfranz, Koskinas and Marmo voted aye. All ayes. Motion carried 6-0. Ordinance BUSINESS PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING WHAT THE ORDINANCE ACCOMPLISHES: An ordinance amending the Land Use and Development Regulations, Article II,

6 VOLUME XXXVII PAGE: 346 SEPTEMBER 7, 2016 District Regulations, Section 2.7, District Regulations, Subsection.12, Village District (VILL), to add Veterinary and Animal Clinics as a Permitted Use in the Village (VILL) Zoning District. Assistant City Attorney Bartos read the title of the Ordinance. Housing Coordinator Yearsley presented a power point titled Ord , with the following slides: Background Village District Zoning Map Recommendation Vice Chair Ranfranz opened the floor to questions from the Commission, and there were none. Public hearing opened. No speakers. Public hearing closed. Commissioner Kibitlewski moved, seconded by Commissioner Peterson, to recommend approval of Ordinance Commission polled as follows: Hewitt, Kibitlewski, Peterson, Ranfranz, Koskinas, and Marmo voted aye. All ayes. Motion carried 6-0. Ordinance 42-16/LU WHAT THE ORDINANCE ACCOMPLISHES: An ordinance amending the Future Land Use Map from Parks and Recreation (PK) to Public Facilities (PF) for property located in the area of Sun Splash Water Park, east of SW 2nd Avenue and its intersection with SW 3rd Terrace and SW 4th Street. Assistant City Attorney Bartos read the title of the Ordinance. Principal Planner Boyko presented a power point titled Ordinance LU with the following slides: Ord , Aerial Map Future Land Use Map

7 VOLUME XXXVII PAGE: 347 SEPTEMBER 7, 2016 Existing Zoning Proposed FLU Background Justification Recommendation Vice Chair Ranfranz opened the floor to questions from the Commission, and there were none. Public hearing opened. No speakers. Public hearing closed. Commissioner Kibitlewski moved, seconded by Commissioner Hewitt, to recommend approval of Ordinance Commission polled as follows: Hewitt, Kibitlewski, Peterson, Ranfranz, Koskinas, and Marmo voted aye. All ayes. Motion carried 6-0. Ordinance 43-16/LU WHAT THE ORDINANCE ACCOMPLISHES: An ordinance amending the Future Land Use Map from Commercial/Professional (CP) to Single-Family Residential (SF) for property described as all of Blocks 4801 & 4802, Cape Coral Unit 71; property is located between Chiquita Boulevard to the east, SW 25th Terrace to the north, SW 17th Avenue to the west, and SW 26th Street to the south. Assistant City Attorney Bartos read the title of the Ordinance. Principal Planner Boyko presented Ordinance LU with the following slides: Ord Future Land Use Existing Zoning Background Justification Recommendation Vice Chair Ranfranz opened the floor to questions from the Commission.

8 VOLUME XXXVII PAGE: 348 SEPTEMBER 7, 2016 Commissioner Peterson asked why not add sections north of SW 25 th to the proposal. Principal Planner Boyko stated they had not received any applications from owners in that block. Commissioner Koskinas asked why are the property owners looking to change the zoning versus just putting up residential properties, since residential properties already exist there. Principal Planner Boyko stated the Future Land Use is currently Commercial/Professional, which is incompatible with the Single-Family Residential zoning, and construction of new homes on those two blocks is not possible. The only way to build a single-family home in Blocks 4801 or 4802 is for the Future Land Use to be amended back to Single-Family Residential. Public hearing opened. No speakers. Public hearing closed. Commissioner Kibitlewski moved, seconded by Commissioner Hewitt, to recommend approval of Ordinance Commission polled as follows: Hewitt, Kibitlewski, Peterson, Ranfranz, Koskinas, and Marmo voted aye. All ayes. Motion carried 6-0. STAFF UPDATES Planning Manager Pederson gave the following updates: 1. The City has contracted with Strategic Planning Group for an affordable housing needs assessment and a market study. The goal is to provide recommendations on the policy updates for the Comprehensive Plan in the housing element. 2. The Bimini Basin RFP is going out today. 3. The updates to the Land Use and Development Regulations should be ready for a first review by Staff in October. 4. The Hearing Examiner process seems to be working well so far; there have been positive comments, and decisions being rendered promptly. Commissioner Marmo asked what types of companies the Bimini Basin RFP would be going out to. Planning Manager Pederson stated they were looking for consulting firms with Project Management experience with background in bringing together development partners

9 to work with the City, but there were no particular firms in mind yet. VOLUME XXXVII PAGE: 349 SEPTEMBER 7, 2016 None. None. OTHER BUSINESS LPA MEMBER COMMENTS DATE AND TIME OF NEXT MEETING The next regular meeting was scheduled for Wednesday, October 5, 2016, at 9:00 a.m. in Council Chambers. ADJOURNMENT There being no further business, the meeting adjourned at 9:28 a.m. Submitted by, Elisabeth Delgado Recording Secretary

10 Item Number: 7.A. Meeting Date: Item Type: 10/5/2016 PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Ordinance 50-16/LU REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO: 1. Will this action result in a Budget Amendment? No 2. Is this a Strategic Decision? No If Yes, Priority Goals Supported are listed below. If No, will it harm the intent or success of No the Strategic Plan? Planning & Zoning Recommendations: SUMMARY EXPLANATION AND BACKGROUND: WHAT THE ORDINANCE ACCOMPLISHES: An ordinance amending the Future Land Use Map from Commercial/Professional (CP) to Multi- Family Residential (MF) Land Use for property located at 3817 Del Prado Boulevard South. LEGAL REVIEW: Brian R. Bartos, Assistant City Attorney EXHIBITS: Ordinance PREPARED BY: Division- Department- City Attorney SOURCE OF ADDITIONAL INFORMATION: Chad Boyko, Principal Planner

11 ATTACHMENTS: Description Ordinance Backup Material Type Ordinance Backup Material

12 LU ORDINANCE AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM COMMERCIAL/PROFESSIONAL (CP) TO MULTI-FAMILY RESIDENTIAL (MF) LAND USE FOR PROPERTY DESCRIBED AS ALL OF LOTS 21-24, BLOCK 542, UNIT 11, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 3817 DEL PRADO BOULEVARD SOUTH; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Coral on February 13, 1989, adopted a Comprehensive Plan pursuant to the Comprehensive Planning Act; and WHEREAS, as part of the Comprehensive Plan the City ofcape Coral adopted therewith a future land use map designating land uses and proposed land uses throughout the City of Cape Coral consistent with the Comprehensive Plan and Comprehensive Planning Act; and WHEREAS, the City of Cape Coral City Council has considered the testimony, evidence, and documentation for the Land Use Amendment initiated by PARKER HOUSE WATERFRONT, LLC, regarding the below described property, and considered the recommendation of the Planning & Zoning Commission/Local Planning Agency and City staff. NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS PURSUANT TO THE LAWS OF FLORIDA, AND OTHER APPLICABLE LAWS, THIS ORDINANCE: SECTION 1. That the below described real property located within the City ofcape Coral, Florida, is hereby amended consistent with the City of Cape Coral Comprehensive Plan as follows: FROM COMMERCIAL/PROFESSIONAL (CP) TO MULTI-FAMILY RESIDENTIAL (MF) LOTS 21, 22, 23, AND 24, BLOCK 542, UNIT 11, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 42 THROUGH 48, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. PROPERTY LOCATED AT: 3817 DEL PRADO BOULEVARD SOUTH SECTION 2. Severability. In the event that any portion or section ofthis ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this ordinance which shall remain in full force and effect. SECTION 3. Effective Date. The effective date of this small scale development amendment to the Comprehensive Plan shall be thirty-one (31) days after the adoption of this ordinance. Alternatively, if the small scale development amendment adopted by this ordinance is challenged by an "affected person" within thirty (30) days after adoption, then the effective date of this amendment shallbe the date upon which either the state land planning agency or the Administration Commission issues a "final order" determining that this small scale development amendment is "in compliance" as provided in Section (5), Florida Statutes. ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR SESSION THIS DAY OF, MARNI L. RETZER, MAYOR

13 VOTE OF MAYOR AND COUNCILMEMBERS: RETZER BURCH CARIOSCIA STOUT LEON ERBRICK WILLIAMS COSDEN ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM CITY CLERK APPROVED AS TO FORM: BRIANTrlSARTOS ASSISTANT CUT ATTORNEY ord/lu

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19 Planning Division Case Report Case No: Applicant: Request: Staff Recommendation: LU Parker House Waterfront, LLC Approval of a Future Land Use Amendment Commercial/Professional (CP) to Multi-Family Residential (MF). Approval Location Information: The property is a 20,050 sq. ft. parcel along Del Prado Boulevard that is developed with a multi-family residence. The surrounding area is undeveloped land to the north and to the south is multi-family residences, single-family residences to the east, and small commercial buildings to the west 1. Subject Future Land Use Zoning Property: Current: Commercial/Professional (CP) Multi-Family Residential (R-3) Proposed: Multi-Family Residential (MF) N/A Surrounding Future Land Use Surrounding Zoning North: CP R-3 South: CP R-3 East: Single-Family Residential (SF) Single-Family Residential (R-1B) West: CP Pedestrian Commercial (C-1) Summary: The site is has a Commercial/Professional (CP) Future Land Use designation and is zoned Multi-Family Residential (R-3). The site has retained the CP future land use designation since the adoption of the City s Comprehensive Plan in 1989 while the zoning of the property was changed to R-3 in The site is two lots within Block 542 and is located along the 100-foot wide Rainbow Canal. Block 542 is 125 feet wide and is located north of SE 40 th Street and south of Savona Parkway. Existing development in Block 542 consists of multi-family and single-family residences and small office buildings. The site is developed with a multi-family residence that has was built in The request is to amend the Future Land Use to Multi- Family Residential (MF) in order to remove the non-conformity between the future land use designation and the zoning. The applicant states in their Letter of Intent that insurance has been difficult to obtain because the building could not be rebuilt if the building is damaged or destroyed. 1 Across Del Prado Boulevard

20 The property has access from Del Prado Boulevard and is surrounded by properties with similar future land use and zoning to the north and south. The proposed Future Land Use amendment would change a single property to MF future land use designation while the all remaining properties in Block 542 would retain their CP future land use designation. The proposed amendment would render the property conforming and allow for repairs and expansion to the existing building. The request is consistent with Comprehensive Plan Policies 8.4 and 8.5 of the Future Land Use Element that state multi-family is encourage as a buffer between commercial and single-family residential uses. Further review indicates that the property is not consistent with Comprehensive Policy 1.15 of the Future Land Use Element regarding commercial siting guidelines and is appropriate for multi-family development. Staff recommends approval of the requested amendment. Positive Aspects of Application: Negative Aspects of Application: Brings a site into compliance with the land use. Allow for repair or refurbishing of a 43-year old building. Maintains buffer for single-family residences to the east. Site would be lone property with MF future land use in Block 542.

21 NOTICE OF CHANGE OF LAND USE The City of Cape Coral proposes to adopt ORDINANCE 50-16, AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM COMMERCIAL/PROFESSIONAL (CP) TO MULTI-FAMILY RESIDENTIAL (MF) LAND USE FOR PROPERTY DESCRIBED AS ALL OF LOTS 21-24, BLOCK 542, UNIT 11, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 3817 DEL PRADO BOULEVARD SOUTH; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held Wednesday, October 5, 2016 at 9:00 a.m. at the City of Cape Coral, City Hall Chambers, 1015 Cultural Park Blvd., Cape Coral, Florida At this public hearing, the Planning and Zoning Commission will consider a recommendation to change the City s future land use map amendment request. Accordingly, members of the general public and real property owners in the community are invited to appear and speak at the public hearing. Written comments fi led with the Director will also be entered into the record. A copy of the map and the proposed amendment under consideration will be available for inspection and will be provided to the public at cost at the City Clerk s office between 7:30 a.m. and 4:30 p.m., Monday through Friday excluding holidays. Any person who decides to appeal any decision made by the City Council at that meeting will need a record of proceedings, and that subject person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with Section , Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk no later than 4:00 p.m. on the day prior to the meeting. Rebecca Van Deutekom, CMC City Clerk Ordinance LU COMMERCIAL/PROFESSIONAL (CP) TO MULTI-FAMILY RESIDENTIAL (MF) FOR PROPERTY LOTS IN BLOCK 542, UNIT 11 NP PROOF O.K. BY: O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY SUBMIT CORRECTIONS ONLINE ADVERTISER: CITY OF CAPE CORAL CLERK PROOF CREATED AT: 9/21/2016 2:45 PM SALES PERSON: Legal Display PROOF DUE: - PUBLICATION: NP-DAILY NEXT RUN DATE: 09/24/16 SIZE: 3 col X 9.25 in NP INDD

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24 MANGO GLEN COVE RAINBOW SOUTH CITY OF CAPE CORAL Department of Community Development Planning Division ZONING MAP 500 Proximity Boundary CEBA SAVONA PKWY Case No. LU Lot: Subject Parcels Legend SE 15TH PL DEL PRADO BLVD S SE 16TH PL SE 39TH ST SAVONA Subject Parcels 500' Boundary C-1 P-1 R-1B R-3 RAINBOW PEARL µ SE 39TH TER SEPTEMBER 15, Feet 500' Proximity Boundary GRANADA This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

25 MANGO GLEN COVE RAINBOW SOUTH CITY OF CAPE CORAL Department of Community Development Planning Division CURRENT FUTURE LAND USE MAP 500 Proximity Boundary CEBA SAVONA PKWY Case No. LU Lot: Subject Parcels Legend SAVONA Subject Parcels SE 15TH PL DEL PRADO BLVD S SE 16TH PL SE 39TH ST 500' Boundary Future Land Use SF CP RAINBOW PEARL µ SE 39TH TER SEPTEMBER 15, Feet 500' Proximity Boundary GRANADA This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

26 MANGO GLEN COVE RAINBOW SOUTH CITY OF CAPE CORAL Department of Community Development Planning Division PROPOSED FUTURE LAND USE MAP 500 Proximity Boundary CEBA SAVONA PKWY Case No. LU Lot: Subject Parcels Legend SAVONA Subject Parcels SE 15TH PL DEL PRADO BLVD S SE 16TH PL SE 39TH ST 500' Boundary Future Land Use SF CP RAINBOW PEARL µ SE 39TH TER SEPTEMBER 15, Feet 500' Proximity Boundary GRANADA This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

27 Subject Parcel DEL PRADO BLVD S RAINBOW CITY OF CAPE CORAL Department of Community Development Case # LU Subject Parcel µ Map Date: September 20, 2016 Aerial Date: Feet This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product.