DEVELOPMENT REVIEW COMMITTEE Northwest Cape Coral Neighborhood Association, Inc. (NWNA) Timeline: 2004-2013 Feb. 2004 1. Burnt Store Centre, #1- W/S Burnt Store Road @ Tropicana Parkway. Owner requested a zoning change to allow a gas station, convenience store, U-Haul, and truck rental and mini warehouses at the site. NWNA lobbied against U-Haul and truck rental and asked for the Planning and Zoning Commission (P&Z) to not permit these Special Exceptions. P&Z agreed and did not allow the U-Haul and truck rental special exceptions. *This requested zoning change was made prior to the establishment of the Development Review Committee in January 2006. However, decisions were then made by an NWNA group effort. May 2004 2. Burnt Store Centre #2 - W/S Burnt Store Road @ Tropicana Parkway Applicant was appealing P&Z s decision to not permit the U-Haul and truck rental Special Exceptions. As it did during February, the Northwest Neighborhood Association lobbied against these components and requested City Council not permit them at this site. The Council decided to allow the U-Haul and truck rental Special Exceptions but it required them to be housed within a building. Sept. 2004 3. NWNA met with the City Planning Department Staff to assist in designing a new Land Use (LU) to be designated as a Commercial Activity Center (CAC) and new Zoning District to be designated Marketplace Residential (MR) A CAC Land Use was designated as a mixed-use location containing a combination of commercial and residential components. The purpose of the CAC was to create a more neighbor-friendly commercial land use category with fewer undesirable allowed uses but flexible enough to provide creative development concepts. The CAC Land Use, with NWNA s input, eventually became law in late 2004. Immediately after this success, the NWNA began working with the City in designing a companion zoning district to be designated Marketplace Residential (MR). 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 1
Sept. 2004 4. NWNA representatives appointed to the newly formed Burnt Store Road Right-of-Way Committee (See page 8 for more details.) The Committee s focus was to engage the Lee County Dept. of Transportation and Lee County Commissioners in discussions concerning the acquisition, design and construction of the Burnt Store Road widening project. DRC s participation in this committee has been ongoing since 2004 and continues today. **Jan. 2006 5. NWNA s Development Review Committee established. Our first project was assisting the City of Cape Coral in establishing an effective Non-Residential Design Standards Ordinance (what new commercial developments should look like). The Committee spent months of time compiling information and evaluating other community standards culminating in a proposed Ordinance for the city s consideration that greatly improved Architectural Standards for the City while maintaining flexibility for project design. The second project assumed by the Development Review Committee was to officially take over from the NWNA the designing of a companion zoning district to the CAC Land Use (Commercial Activity Center) to be designated Marketplace Residential Zoning District (MR). Aug. 2006 July 2006 6. Sans Souci Bay, #1 4160 Old Burnt Store Road The Applicant met with the Development Review Committee and informed the Committee that they would be requesting a zoning change to allow six, 20-story buildings and six, 5-story buildings. If permitted, this zoning change would allow for a 1028% increase in population on the site from a population of 600 to 1,800. The Development Review Committee had serious concerns regarding this unplanned for growth and potential for serious ecological impacts. this Zoning change at the Planning and Zoning Commission and City Council. City Council denied this application. 7. San Antonio Plaza-E/SS Burnt Store Road @ Embers Parkway The Owner proposed two, 18-story Condo-Hotel combinations. this application at P&Z and City Council. The Applicant withdrew their proposal. March 2007 8. Applicant requested Land Use amendment-w/s Burnt Store Road @ Embers Parkway Applicant requested a change in LU from single family/multi-family to Commercial Professional. The Development Review Committee had reservations concerning the types of commercial businesses that would be permitted at this location. 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 2
this application Planning and Zoning Commission and City Council. City Council denied this application. March 2007 9. Sand Road Partners-Sand Road West of Burnt Store Road The Applicant met with the Development Review Committee and advised the committee that he would be requesting a zoning change from Agricultural (A) to Pedestrian Commercial (C-1). The Development Review Committee had concerns about the types of commercial businesses that would be permitted at this location. The Development Review Committee recommended the more compatible, CAC/MR zoning. the application for C-1 zoning at the Planning and Zoning Commission and City Council. Application was denied by City Council. June, 2007 10. Calla di Luna, LLC- WS of Burnt Store Road at NW 20 th Lane The Applicant requested to vacate a city right-of-way (alley). Present Land Use is Single Family/Multifamily. The Development Review Committee was concerned that applicant may later request Commercial/Professional Land Use in order to construct a multi-level boat storage/marina on the site. The Development Review Committee had reservations concerning the types of commercial businesses that would be permitted at this location. Request to vacate adopted by City Council. The Applicant, after being apprised of the Development Review Committee s opposition, has not moved forward on any Zoning or Land Use changes as of this date. Aug. 2007 Feb. 2008 11. Ordinance 82-07, Marketplace Residential Zoning District, passed by City Council This Ordinance encompassed most, if not all, of the recommendations made by the Development Review Committee. 12. Ordinance 84-07, Non-Residential Design Standards, passed by City Council This Ordinance encompassed most of the recommendations made by the Development Review Committee. Feb, 2008 13. SM Capital Holdings #1-WS of Burnt Store Road at Boat Ramp The Applicant met with the Development Review Committee and requested a change in Land Use from Single Family/Multi Family to Commercial Activity Center (CAC). 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 3
The Development Review Committee recommended that the NWNA speak in favor of this LU change at the Planning and Zoning Commission and City Council. The Applicant withdrew his application due to complications in the present CAC Land Use ordinance. May, 2008 14. SM Capital Holdings #2-WS of Burnt Store Road at Boat Ramp The Applicant again met with the Development Review Committee and requested changes in Land Use from Single Family/Multi Family to Commercial/Professional (CP). The Development Review Committee had reservations concerning the types of commercial businesses that would be permitted at this location. The Development Review Committee recommended the more compatible, CAC/MR zoning. this request for CP Land Use at the Planning and Zoning Commission and City Council. The Applicant withdrew the request, will revise, and resubmit at later date. June, 2008 15. Burnt Store Ltd. #1- Burnt Store Road at Jacaranda Parkway The Applicant met with the Development Review Committee and requested a Land Use change from Open Lands and Wet Lands (Lee County classification) to a combination of Natural Resources/Preservation (PRES), Single Family Residential (SF), and Mixed Use (MX). The Development Review Committee expressed concerns regarding the exact types of Mixed Use that would be located on site, specifically light industrial zoning. The Development Review Committee suggested a Commercial Activity Center (CAC) be located along Burnt Store Road. The Applicant will revise his application and resubmit at a later date. Nov, 2008 16. SM Capital Holdings #3-WS of Burnt Store Road at Boat Ramp Applicant re-requested change in Land Use from Single Family/Multi-Family to Commercial Activity Center (CAC). As in the February 2008 (#1) case, the Development Review Committee recommended that the NWNA speak in favor of this LU change at the Planning and Zoning Commission and City Council. City Council approved the LU request. Nov. 2008 17. Burnt Store Preserve #1- WS of Burnt Store Road south of Charlee Road The Applicant met with the Development Review Committee and requested a rezoning of site from Single Family Residential (R-1A) to Residential Development (RD). The Applicant requested a Right of Way Access from Burnt Store Road to site. 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 4
The Applicant proposed three, 18-story buildings and unknown number of 4-story buildings. A later application listed two nine-story mid-rise buildings with multiple four-story buildings. this project at both the Planning and Zoning Commission and City Council, primarily for environmental and unplanned for increased density, City Council denied the applicant s request. March 2009 18. Burnt Store Preserve #2- WS of Burnt Store Road south of Charlee Road The Applicant met with the Development Review Committee and reported that he will, again request a zoning change from Single Family-Residential (R-1A) to Residential Development Zone (RD). The applicant claimed that he will limit the height of the one high-rise building to one building with two nine-story towers. Furthermore, he would limit the density at the site. The Development Review Committee explained to the applicant that there was presently NO legal way to transfer any agreements that he might make regarding height and density limitations to any future owners of this site. this project at both the Planning and Zoning Commission and City Council primarily for environmental and unplanned for increased density. City Council denied the applicant s request. March 2009 19 Burnt Store Ltd. #2- Burnt Store Road at Jacaranda Parkway The Applicant, after meetings with the Development Review Committee, amended the previous application (#1) from Open Lands and Wet Lands (Lee County classification) to Commercial Activity Center (CAC), Open Space (OS), Commercial/Professional (CP), Low Density Residential I (LRD I) a combination of Natural Resources/Preservation (PRES), Single Family Residential (SF), The Development Review Committee recommended that the NWNA speak in favor of this new application at the Planning and Zoning Commission and City Council with the caveat that when additional information is available with regards to the exact make-up of the CP LU component, the request for a zoning change may be opposed by the NWNA. Sept. 2009 20. Sans Souci Bay #2 4160 Old Burnt Store Road The applicant met with the Development Review Committee and advised the committee that they will request a zoning change to allow three, 14-story buildings and six, 5-story buildings. The Development Review Committee, again, had serious concerns regarding unplanned for and uncontrolled growth as well as serious ecological concerns. 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 5
this Zoning change at the Planning and Zoning Commission and City Council. City Council denied this application. Nov, 2009 May 2010 21. Curcio - Sand Road and Old Burnt Store Road @ SE corner The Applicant requested a Land Use change from Low Density Residential to Mixed Use (MX). The Development Review Committee, absent a pre-existing community plan, believed that the commercial component in Mixed Use is not proper for Old Burnt Store Road at this time. this request at the Planning and Zoning Commission and City Council City Council allowed less than the full acreage than was originally requested be changed to Mixed Use. 22. Large-scale Land Use (LU) changes proposed by city staff, most are in the NW Cape. The Development Review Committee analyzed each of the 13 proposed changes that were located within NWNA s boundaries. The Development Review Committee decided that only one of the LU changes needed to be altered and made recommendations on how this LU change should be altered. The Development Review Committee recommended that the NWNA speak in favor of all but one of the proposed LU changes at the Planning and Zoning Commission and City Council, and explain how the one site the NWNA had issues with, could be changed. City Council approved the LU changes affecting the Northwest and agreed with the NWNA s suggested change on the one site where we had concerns. Dec. 2011 23. City requested to increase density in Coastal High Hazard Areas (CHHA). The Development Review Committee researched the applicable State, County and City Policies, Codes and Ordinances. After deliberation the Development Review Committee made the following recommendation to the Northwest Neighborhood Association s Board of Directors, for the listed reasons: o The City of Cape Coral 2030 Comprehensive Plan, states; The City shall not permit an increase in the density of intensity of development within the Coastal High Hazard Zone. o Cape Coral Ordinance 18-09 states Amending the Public School Facilities Element by establishing a policy that provides for evaluation of sites for new schools, and avoiding placement of new schools within the Coastal High Hazard Area. If we don t want our children located in Coastal High Hazard Areas, shouldn t we want to limit, not increase, the amount of Cape Coral residents living in harm s way? o City Council voted to approve the increase in density within the CHHA. 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 6
May 2012 24. Large-Scale Land Use and Development Regulation Change - West Side of Burnt Store Road and Durden Parkway to accommodate an upscale RV Resort. The Developer requested the proposed use of Recreational Vehicle parking sites, clubhouse, restaurant, and personal services. As of this date, no firm information has been received by the Northwest Neighborhood Association or the Development Review Committee as to the details of this new Future Land Use (FLU). June 2012 25. Burnt Store Centre #3- W/S Burnt Store Road @ Tropicana Parkway. The Owner requested a Special Exception for a U-Haul and rental trucks. The Owner requested a deviation to provide for an 8 masonry wall along the western and northern portions of the parking lot to screen trucks and trailers. The Owner requested the approval of an Essential Services Use, Group 1 to permit the installation and operation of a cellular communications tower. The Development Review Committee continued to have serious reservations as to the ability of the applicant to adequately screen his intense Special Exception since U-Haul trucks could be larger than 10 in height. The Development Review Committee had no objection to the Communications Tower. The Development Review Committee recommended that the Northwest Neighborhood Association continue to speak against the U-Haul and rental truck Special Exceptions with no objection to the communications tower. The Planning and Zoning Commission s decision was to NOT permit the U-Haul and truck rental components. Oct. 2012 26. Burnt Store Centre #3 - W/S Burnt Store Road @ Tropicana Parkway. Owner/Applicant requested City Council to overturn a decision made by the 2004 City Council in Resolution 25-04, requiring The storage, parking and maintenance of all rental trucks and trailers shall be, within a building. The Development Review Committee had numerous contacts with the developer s representative, City staff, and elected officials. The Development Review Committee recommended the Northwest Neighborhood Association offer a reasonable compromise to the Applicant, in the form of placing the U-Haul element inside a linear building that would be substantially less expensive than housing it in a larger building. The Applicant did not accept this offer. Due to reservations regarding the Applicant s willingness to properly buffer this site either by a vegetative buffer or by other means, the Development Review Committee recommended that the Northwest Neighborhood Association speak against this request at City Council. City Council voted to approve the applicant s request to overturn Resolution 25-04. The applicant is required to erect an 8 wall with a two foot architectural extension along the western side of the site as a buffer. 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 7
Burnt Store Right-Of-Way Committee Since 2005, the Development Review Committee has focused on making sure that Burnt Store Road would not resemble the strip malls and hodgepodge of Cape Coral Parkway or Del Prado Blvd. During 2005 the NWNA began actively working with the City of Cape Coral and Lee County Department of Transportation on the proposed widening of Burnt Store Road. The NWNA currently has three representatives on the Burnt Store Right-of-Way Committee. Because Burnt Store Road is a major gateway to the Cape, we firmly believe that it should be designed in a manner that enhances a visitor s first impression of the Cape. The NWNA and the Development Review Committee have not only consistently reviewed Lee County s latest versions of this road widening project but we also continue to make applicable design improvement recommendations. Ongoing input from the Development Review Committee, the NWNA, and the northwest Community as a whole will have an impact on the final version of this major arterial thoroughfare. Development Review Committee Mission Statement The purpose of the Development Review Committee (DRC) is to review new land use and zoning requests and determine their potential effect on the Northwest Cape. The DRC also proposes and/or assists with new ordinances when it seems prudent to do so. The DRC works in partnership with Cape Coral City Officials to establish development standards that either maintain or increase property values and the quality of life in the Northwest Cape. Feedback may be sent to: nwna@nwcape.com 2/16/14 Released by the Northwest Cape Coral Neighborhood Association, Inc. e-mail: nwna@nwcape.com Page 8