AGENDA FOR THE HEARING EXAMINER

Transcription

1 AGENDA FOR THE HEARING EXAMINER Tuesday, March 6, :00 AM Council Chambers 1. HEARINGS CALLED TO ORDER 2. HEARINGS A. Case # VP *; Address: 3514 Chiquita Boulevard South; Applicant: Newcom Real Properties, LLC B. Case # PDP *; Address: 1913 NE 10th Terrace; Applicant: Samile Investments, LLC 3. DATE AND TIME OF NEXT HEARINGS A. Tuesday, March 20, 2018, at 9:00 a.m., in Council Chambers 4. 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. PLEDGE OF CIVILITY We will be respectful of each other even when we disagree. We will direct all comments to the issues. We will avoid personal attacks.

2 The hearing shall, to the extent possible, be conducted as follows: 1. The Clerk shall read into the record the Ordinance or Resolution Title and Number, or the Applicant's name, file number, and the subject matter to be decided if there is no ordinance or resolution. 2. The Applicant, staff, and all Participants requesting to speak or present evidence or both the hearing shall be collectively sworn by an oath or affirmation by the Clerk. 3. Staff will testify regarding proper notice of the Hearing in accordance with City requirements. 4. The Applicant may waive the Applicant's right to an evidentiary hearing if Applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the application. The Hearing Examiner shall rule on the matter or make a recommendation, based upon the staff report and any other materials contained within the official file. Regardless of a waiver by the Applicant, a Public Hearing shall be held for all decisions requiring an ordinance or resolution. 5. If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the Hearing Examiner, determines to proceed in a different order, taking proper consideration of fairness and due process: The Applicant shall make the Applicant's presentation, including offering any documentary evidence, and introduce any witnesses as Applicant desires. The Applicant shall present the Applicant's entire case in thirty (30) minutes. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file that have not already been transmitted to the Hearing Examiner with the agenda materials, as staff desires; summarize issues; and make a recommendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. Staff shall present its entire case in thirty (30) minutes. Participants in opposition to or support of the application shall make their presentation in any order as determined by the Hearing Examiner. Each Participant shall present their argument in 5 minutes. The Applicant may cross-examine any witness and respond to any testimony presented. Staff may cross-examine any witness and respond to any testimony presented. The Hearing Examiner may choose to allow Participants to respond to any testimony if the Hearing Examiner deems the response to be necessary to ensure fairness and due process. The Hearing Examiner, may ask questions of the staff, Applicant, and Participants. Final argument may be made by the Applicant, related solely to the evidence in the record. Final argument may be made by the staff, related solely to the evidence in the record. For good cause shown, the Hearing Examiner may grant additional time to any of the hereinabove time limitations. The Hearing Examiner's, decisions must be based upon Competent Substantial Evidence in the record.

3 Item Number: 2.A. Meeting Date: 3/6/2018 Item Type: HEARINGS AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Case # VP *; Address: 3514 Chiquita Boulevard South; Applicant: Newcom Real Properties, LLC 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: Newcom Real Properties, LLC seeks a vacation of plat for all platted easements within Lots 1-34, Block 4722, Lots 1-47, Block 4723, Block 4724, and Lots 1-50, Block 4725, Unit 70 Cape Coral Subdivision, and a vacation of platted lot lines within Lots 1-34, Block 4722, Lots 1-47, Block 4723, Block 4724, and Lots 1-50, Block 4725, Unit 70 Cape Coral Subdivision; property located at 3514 Chiquita Boulevard South. LEGAL REVIEW: EXHIBITS: See attached "Backup Material" PREPARED BY: Kristin Kantarze Division- Planning Department- Community Development SOURCE OF ADDITIONAL INFORMATION: Mike Struve, AICP, LEED, Planning Team Coordinator, , mstruve@capecoral.net ATTACHMENTS:

4 Description CASE #VP Type Backup Material

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23 Planning Division Case Report VP Review Date: February 13, 2018 Property Owner: Newcom Real Properties, LLC Owner Address: 5707 South Cass Avenue, Suite 1070 Chicago, IL Authorized Rep. Request: Property Location: Prepared By: Approved By: Recommendation: Urban Service Joe Mazurkiewicz, BJM Consulting The applicant requests to vacate all platted easements and all lot lines in Blocks 4722, 4723, 4724, and 4725, Unit 70, Cape Coral Subdivision Chiquita Boulevard South Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Robert H. Pederson, AICP, Planning Manager Approval with conditions Transition Property Description: The site is 25.7 acres on the west side of Chiquita Boulevard, less than 500 feet north of Savona Parkway (Figure 1). The site is vacant except for a City lift station at the northwest corner. 1 Residential uses surround the site to the north, south, and west. Several commercial uses adjacent to the site are present along Chiquita Boulevard to the north and east. The site has a Commercial Activity Center (CAC) Future Land Use Classification and Marketplace- Residential (MR) Zoning. The site is surrounded by properties with a CAC (to the south), Commercial/Professional (to the north and east), and Multi Family Residential (to the north, south, and west) Future Land Use Classifications. Zoning is more varied and includes sites with residential zoning to the north, south, and west and commercial-zoned sites to the north and east. The site represents an assemblage of properties occupying four blocks. In 2009 this site was enlarged from the vacation of several streets that included SW 34 th Terrace, SW 35 th Street, SW 35 th Terrace, SW 16 th Place, and SW 36 th Street. Besides these rights-of-way, all underlying and adjoining easements were vacated by Resolution Purpose of the Request The letter of intent states the vacation requested to develop the property as a single tract of land. A purchase contract exists for the site and a financer of the prospective buyer has requested this action. 1 LS-531

24 February 13, 2018 VP Page 2 Cape Coral allows construction across property lines and lot lines provided all affected parcels and lots are under common ownership. Construction can also occur over platted easements that are internal to a site when the easements lack utility facilities. In both instances, the lot lines and easements remain, unless a vacation request is approved by the City Council. Allowing construction across lot lines and over easements is a practice that is not universally allowed by local governments and some jurisdictions may require easement vacations, lot line adjustments, or similar actions before authorizing construction. City staff has received inquiries in the past from banks and title companies seeking clarification and confirmation of these practices in Cape Coral. Chiquita Boulevard Figure 1. Location of the 25.7-acre site (outlined in blue). Platted lot lines requested to be vacated are outlined in black. Savona Parkway Zoning History The site had a Commercial/Professional Future Land Use Classification that was changed to CAC by Ordinance The zoning history of the subject blocks is more varied and is summarized in Table 1.

25 February 13, 2018 VP Page 3 Table 1. Zoning History of Blocks 4722, 4723, 4724, and 4725, Unit 70. Block Lots Future Land Use Zoning CP to CAC ORD 6-08 R-3 to RD ORD RD to MR ORD CP to CAC ORD 6-08 R-3 to RD ORD RD to C-1 ORD C-1 to MR ORD Tract CP to CAC ORD 6-08 C-1 to MR ORD CP to CAC ORD 6-08 R-3 to RD ORD RD to MR ORD Analysis: Staff has analyzed this request for compliance with LUDR, Section 8.11, Vacation of plats, rights-of-way and other property, and consistency with the City Comprehensive Plan. Request to Vacate Public Utility and Drainage Easements The applicant seeks to vacate all platted easements in Blocks 4722, 4723, 4724, and All easements are on property owned by the applicant. The utility providers (CenturyLink, Comcast, and LCEC) lack facilities in the subject easements do not object to the requested vacations. The City also lacks facilities in the easements. Staff recommends a six-foot wide easement be provided by the applicant around the perimeter of the site for future utility installation and maintenance. Request to Vacate Internal Lot Lines The applicant requests that all internal lot lines be vacated. This action will create a single parcel for new development. While the site can be developed lawfully consistent with City regulations with the lot lines intact, Planning staff has no objection to this request. Approval of this request may eliminate ambiguity on the part of developers, lenders, and insurers as to the immediate suitability of the site for development. Consistency with the Comprehensive Plan Future Land Use Element Policy 1.15n. Commercial Activity Center (CAC): The purpose of this future land use classification is to promote non-residential and mixed-use development at key locations, within close proximity to major corridors throughout the City of Cape Coral in areas where a mix of uses may be developed. The Commercial Activity Center classification is a mixed-use classification designed to minimize the need for vehicle trips through the development of both residential and non-residential uses in a single project. Furthermore, the purpose of the Commercial Activity Center is to integrate all uses through landscape, site, and architectural design standards. In addition, the Commercial Activity Center land use classification is intended to provide locations that offer employment opportunities and daily goods and services to the local community and, in some instances, attract patrons from the region. Commercial Activity Centers are intended to be pedestrian friendly and interconnected with adjacent projects whether residential or non-residential. Staff comment: The site has MR Zoning that is consistent with the CAC Future Land

26 February 13, 2018 VP Page 4 Use Classification. The site is along Chiquita Boulevard, a major City street. This policy is supportive of this request. Policy 5.5. The City may consider the vacation of rights-of-way to facilitate land assembly and the development of a unified, contiguous commercial project. Staff comment: The vacation of easements and lot lines will provide a clean, consolidated building site and may eliminate uncertainty on the part of the development community as to the suitability of the site for new construction. This policy is supportive of this request. Economic Development Element Policy 6.3. The City shall foster land assembly efforts in targeted areas having fragmented land ownership patterns. Such land assembly efforts shall include, but not necessarily be limited to: and, assisting land owners in establishing real estate trusts; holding meetings or workshops concerning the benefits of a unified development plan. Staff comment: Land assembly efforts in this instance involve vacating interior easements and lot lines to provide an unencumbered, single consolidated site. This policy is supportive of this request. Recommendation: Staff recommends approval of both vacations with the following conditions. Conditions of Approval 1. Within 60 days from the date of adoption of this vacation, the owner shall provide to the City an easement deed that provides a six-foot wide public utility and drainage easement around the perimeter of the site. The deed shall be approved by the City Property Broker prior to execution. 2. This resolution shall be recorded with the Office of the Lee County Clerk of Court by the City of Cape Coral. This resolution shall not be effectuated until the applicant provides the City with an easement deed as described in Condition #1 above, and reimburses the Department of Community Development for all recording fees associated with this resolution and the easement deed.

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30 to write or appear at tne puouc near ~~~. t~~~~en y~~~~~h~i~j:d o:vi~~p{h; Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P.O. Box , Cape Coral, FL The hearings may be continued from time to time as necessary. ADA PROVISIONS: In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearinp, impaired, telephone the Flori- ~~7~e CTbD~';;';c~-~~9~~-~1~0~ 9 ~~; assistance. by order of is/rebecca van Deutekom, MMC City Clerk REF# VP LEGAL AD - DCD AD# Feb.24, 201B

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32 CITY OF CAPE CORAL Department of Community Development Planning Division Case No. VP CJ Subject Parcel ~~ ~ Yoi17t Litt tht Attitudt In rm~lfst JANAUARY 19TH, 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 occur. Please contact the Department of Commun ity Development with any questions regarding this map product.

33 CITY OF CAPE CORAL Department of Community Development Planning Division CURRENT ZONING MAP 500' Proximity Boundary Case No. VP LEGEND c::j 500' Proximity Boundary c::j Subject Parcel Zoning - C-1 MR P-1 R-1A R-1 B - R-3 RD - RX... I - = ~ f~, ~ ~ You11 LiU tht Amhlllt ;,, Parodist I> JAN UARY 19TH, Feet ' PROXIMITY BOUNDARY MEMORY LAKE Th is map is not a survey and sh ould 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 i nciden~s that may occur. Please contact the Department of Community Development with any questions regarding this map product.

34 Item Number: 2.B. Meeting Date: 3/6/2018 Item Type: HEARINGS AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Case # PDP *; Address: 1913 NE 10th Terrace; Applicant: Samile Investments, LLC 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: The developer requests PDP approval at 1913 NE 10 th Terrace to construct a building for manufacturing and business office uses. Adequate landscaping will be provided in the 25-foot rear setback to buffer this use from residential uses on the north side of the Banjo Canal. LEGAL REVIEW: EXHIBITS: See attached "Backup Materials" PREPARED BY: Kristin Kantarze Division- Planning Department- Community Development SOURCE OF ADDITIONAL INFORMATION: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, , mstruve@capecoral.net ATTACHMENTS: Description Backup Materials Type Backup Material

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62 CASE NUMBER: PDP NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The developer requests PDP approval at 1913 NE 10 th Terrace to construct a building for manufacturing and business office uses. Adequate landscaping will be provided in the 25-foot rear setback to buffer this use from residential uses on the north side of the Banjo Canal. LOCATION: 1913 NE 10 th Terrace CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, , mstruve@capecoral.net PROPERTY OWNER(S): Samile Investments, LLC AUTHORIZED REPRESENTATIVE: Andres Boral, PE UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 A.M. on Tuesday, March 6, 2018 on the above mentioned case. The public hearing will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, FL. All interested parties are invited to appear and be heard. All materials presented before the Hearing Examiner will become a permanent part of the record. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. Copies of the staff report will be available 5 days prior to the hearing. The file can be reviewed at the Cape Coral Community Development Department, Planning Division, 1015 Cultural Park Blvd., Cape Coral, FL. DETAILED INFORMATION: The case report and colored maps for this application are available at the City of Cape Coral website, (Click on Public Hearing Information, use the case number referenced above to access the information); or, at the Planning Division counter at City Hall, between the hours of 7:30 AM and 4:30 PM. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. HOW TO CONTACT: Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P.O. Box , Cape Coral, FL The hearings may be continued from time to time as necessary. ADA PROVISIONS: In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources 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. APPEALS: If a person decides to appeal any decision made by the Hearing Examiner with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she 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 to be based. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida planningquestions@capecoral.net

63 Please contact us with changes or cancellations as soon as possible, otherwise no further action needed. TOLL-FREE Local # FNPLegals@gannett.com Customer: CITY OF CAPE CORAL_DEPT OF COM Ad No.: Address: 1015 CULTURAL PARK BLVD CAPE CORAL FL USA Net Amt: $ Run Times: 1 No. of Affidavits: 1 Run Dates: 02/24/18 Text of Ad:

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68 Item Number: Meeting Date: Item Type: 3.A. 3/6/2018 DATE AND TIME OF NEXT MEETING AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Tuesday, March 20, 2018, at 9:00 a.m., in Council Chambers 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: