| AGENDA
REGULAR MEETING CITY OF CAPE CORAL PLANNING & ZONING COMMISSION/ LOCAL PLANNING AGENCY BOARD OF ZONING ADJUSTMENT & APPEALS
WEDNESDAY, JUNE 4, 2008
COUNCIL CHAMBERS 9:00 A.M.
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. ROLL CALL: Cristaldi, Fluegel, Martin, Ranfranz, Read, Triscari and Wolfe Alternates: Carlson and McCord
5. APPROVAL OF MINUTES – None
6. SWEARING IN OF WITNESSES, STAFF, ETC.
BUSINESS
7. PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING
A. ORDINANCE 58-08 LU 07-01000035 - Windsor Thomas Group, Inc. Legal: Lots 1-62, Block 3071, Unit 62 Address: 2105-2145 and 2205-2223 Skyline Boulevard and 2104-2144 and 2204-2222 SW 7th Place Request: Future Land Use Map Amendment from Single-Family/Multi-Family by PDP (SM) to Commercial-Professional (CP) Land Use
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL BY PDP (SM) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR LOTS 1-62, BLOCK 3071, CAPE CORAL, UNIT 62, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 21 THROUGH 38, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 2105-2145 AND 2205-2223 SKYLINE BOULEVARD AND 2104-2144 AND 2204-2222 SW 7TH PLACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
B. ORDINANCE 61-08 LU 08-01000005 - SM Capital Holdings, LLC Legal: Tract A, Block 5346, Unit 58 Address: 218 Burnt Store Road South Request: Future Land Use Map Amendment from Single-Family/Multi-Family by PDP (SM) to Commercial-Professional (CP) Land Use
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL BY PDP (SM) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR TRACT 5346A, OF CAPE CORAL, UNIT 58, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE(S) 128-147, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 218 BURNT STORE ROAD SOUTH; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
C. ORDINANCE 62-08 LU 08-01000002 - Evangelical Presbyterian Church of Cape Coral, Florida, Inc. Legal: Lots 1-6, 49-50 and 65-72, Block 1750, Unit 45 Address: 701 Mohawk Parkway Request: Future Land Use Map Amendment from Single-Family (SF) and Commercial-Professional (CP) to Public Facilities-Worship (PF-W) Land Use
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY RESIDENTIAL (SF) AND COMMERCIAL/PROFESSIONAL (CP) TO PUBLIC FACILITIES-WORSHIP (PF-W) LAND USE FOR LOTS 1-6, 49-50, AND 65-72, BLOCK 1750, UNIT 45, CAPE CORAL SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 122 THROUGH 134, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 701 MOHAWK PARKWAY; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
D. ORDINANCE 63-08 LU 08-01000003 - Santa Barbara Development, LLC Legal: Lots 1-5, Block 890; Lots 1-7, Lots 90-102, Block 980, Unit 26 Address: 1621-1629 and 1701-1725 Santa Barbara Boulevard and 1700-1712 SE Santa Barbara Place Request: Future Land Use Map Amendment from Multi-Family (MF) to Commercial-Professional (CP) Land Use
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM MULTI-FAMILY RESIDENTIAL (MF) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR ALL OF LOTS 1 THROUGH 5, BLOCK 890; ALL OF LOTS 1 THROUGH 7, AND ALL OF LOTS 90 THROUGH 102, BLOCK 980, ALL WITHIN CAPE CORAL SUBDIVISION, UNIT 26, ACCORDING TO PLAT BOOK 14, AT PAGES 117 THROUGH 148 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; TOGETHER WITH A PORTION OF THE VACATED 15 FOOT-WIDE ALLEY RIGHT OF WAY SITUATED IN SAID BLOCK 980, ACCORDING TO CITY OF CAPE CORAL RESOLUTION 42-96, DATED DECEMBER 23, 1996, AS RECORDED IN OFFICIAL RECORD BOOK 2776 AT PAGE 125, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 1621-1629 & 1701-1725 SANTA BARBARA BOULEVARD AND 1700-1712 SE SANTA BARBARA PLACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
E. ORDINANCE 64-08 LU 07-01000033 - City of Cape Coral Legal: Lots 22-30, Block 319, Unit 9 Address: 722-724 SE 46th Street, 4610 Coronado Parkway and 719 SE 46th Terrace Request: Future Land Use Map Amendment from Multi-Family (MF) to Public Facilities (PF) Land Use
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM MULTI-FAMILY RESIDENTIAL (MF) TO PUBLIC FACILITIES (PF) LAND USE FOR LOTS 22 THROUGH 30, BLOCK 319, UNIT 9, CAPE CORAL SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGES 7 THROUGH 18, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY FLORIDA; PROPERTY LOCATED AT 722-724 SE 46TH STREET, 4610 CORONADO PARKWAY, AND 719 SE 46TH TERRACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
F. ORDINANCE 65-08 LU 08-01000001 - Opsahl Legal: Lots 1-19 and 24-42, Block 2154, Unit 32 Address: 1418-1428 and 1502-1524 Kismet Parkway and 1419-1429 and 1501-1525 NE 23rd Terrace Request: Future Land Use Map Amendment from Single-Family (SF) to Commercial-Professional (CP) Land Use
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY RESIDENTIAL (SF) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR LOTS 1-19 AND 24-42, BLOCK 2154, CAPE CORAL SUBDIVISION, UNIT 32, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE(S) 1 THROUGH 13, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 1418-1428 AND 1502-1524 KISMET PARKWAY AND 1419-1429 AND 1501-1525 NE 23RD TERRACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
G. ORDINANCE 59-08* ZA 08-00500014* - W.S. Badcock Corporation Legal: Lots 36-37, Block 1091, Unit 23 Address: 112 SE 1st Place Request: Rezoning from Single-Family Residential (R-1B) to Pedestrian-Commercial (C-1)
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL OFFICIAL ZONING DISTRICT MAP OF ALL PROPERTY WITHIN THE LIMITS OF THE CITY OF CAPE CORAL BY REZONING PROPERTY DESCRIBED AS LOTS 36 AND 37, BLOCK 1091, UNIT 23, CAPE CORAL SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 39 THROUGH 52, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, FROM SINGLE-FAMILY RESIDENTIAL (R-1B) TO PEDESTRIAN COMMERCIAL (C-1) ZONE; PROPERTY IS LOCATED AT 112 SE 1ST PLACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
H. ORDINANCE 60-08* ZA 08-00500015* - Craftsman Homes, Inc. Legal: Lots 11-18 and 49-54, Block 3265, Unit 66 Address: 3317-3321, 3401-3409 Chiquita Boulevard South and 3316-3326 SW15th Place Request: Rezoning from Residential Receiving (RX) to Professional Office (P-1)
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL OFFICIAL ZONING DISTRICT MAP OF ALL PROPERTY WITHIN THE LIMITS OF THE CITY OF CAPE CORAL BY REZONING PROPERTY DESCRIBED AS LOTS 11-18 AND 49-54, BLOCK 3265, UNIT 66, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 2 THROUGH 26, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, FROM RESIDENTIAL RECEIVING (RX) TO PROFESSIONAL OFFICE (P-1) ZONE; PROPERTY IS LOCATED AT 3317-3321, 3401-3409 CHIQUITA BOULEVARD SOUTH AND 3316-3326 SW 15TH PLACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
8. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ADJOURNS AND RECONVENES AS THE BOARD OF ZONING ADJUSTMENT AND APPEALS PUBLIC HEARING
I. RESOLUTION VA 12 – 2008* (continued from May 7, 2008) VA 08-00300006* - Snow Legal: Lots 26-27, Block 172, Unit 3 Address: 4948 SW 3rd Avenue Request: 10’8” Front Setback Variance for a Garage Addition in Single-Family Residential (R-1B) Zoning
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.10, VARIANCES, GRANTING A DIMENSIONAL VARIANCE OF TEN (10) FEET EIGHT (8) INCHES FROM THE MINIMUM FRONT SETBACK REQUIREMENT OF TWENTY-FIVE (25) FEET TO PERMIT THE CONSTRUCTION OF A GARAGE ADDITION FOURTEEN (14) FEET FOUR (4) INCHES FROM THE FRONT PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 26 AND 27, BLOCK 172, CAPE CORAL, UNIT 3, AS RECORDED IN PLAT BOOK 12, PAGES 70 TO 80, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY IS LOCATED AT 4948 SW 3RD AVENUE; PROVIDING AN EFFECTIVE DATE.
J. RESOLUTION VA 13-2008* VA 08-00300007* - Wier Legal: Lot 25-27, Block 23, Unit 1, Part 2 Address: 857 Montclaire Court Request: 25’ Front Setback Variance to the 25’ Minimum Front Setback Requirement to Permit an Existing Fence to Remain within the Front Yard on the South Side of the Parcel in a Single-Family Residential (R-1B) Zone
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.10, VARIANCES, GRANTING A DIMENSIONAL VARIANCE OF TWENTY-FIVE (25) FEET FROM THE MINIMUM FRONT SETBACK REQUIREMENT OF TWENTY-FIVE (25) FEET TO PERMIT AN EXISTING FENCE TO REMAIN WITHIN THE FRONT YARD ON THE SOUTH SIDE OF THE PARCEL IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOT 25, 26 AND 27, BLOCK 23, UNIT 1, PART 2, CAPE CORAL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGES 29 TO 36, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY IS LOCATED AT 857 MONTCLAIRE COURT; PROVIDING AN EFFECTIVE DATE.
K. RESOLUTION VA 14-2008* VA 08-00300008* - Yuvienco Legal: Lots 65-70, Block 3794, Unit 52 Address: 1900 NW 8th Lane Request: A Variance from the Requirement that Sheds Be Located in the Rear Yard, Shall Not Extend Beyond the Side of the Structure and Shall Not Be Visible from the Front of the Primary Structure in Order to Allow Placement of a Shed in the Side Yard of a Structure, 30’ from the Side Property Line, in a Single-Family Residential (R-1B) Zone
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.10, VARIANCES, GRANTING A VARIANCE FROM THE REQUIREMENT THAT SHEDS BE LOCATED IN THE REAR YARD, SHALL NOT EXTEND BEYOND THE SIDE OF THE STRUCTURE AND SHALL NOT BE VISIBLE FROM THE FRONT OF THE PRIMARY STRUCTURE PURSUANT TO SECTION 3.1.2.A.5.a OF THE LAND USE AND DEVELOPMENT REGULATIONS TO ALLOW PLACEMENT OF A SHED IN THE SIDE YARD OF A STRUCTURE WHILE MAINTAINING A SIDE SETBACK OF THIRTY (30) FEET FROM THE SIDE PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 65-70, BLOCK 3794 OF CAPE CORAL, UNIT 52, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGES 48-53, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.; PROPERTY IS LOCATED AT 1900 NW 8th LANE; PROVIDING AN EFFECTIVE DATE.
L. RESOLUTION VA 15-2008* VA 08-00300009* - Firnhaber Legal: Lots 2, 3 and Parcel A, Block 364, Unit 7 Address: 1759 SE 46th Street Request: 13’11” Front Setback Variance to the 25’ Minimum Front Setback Requirement in Order to Permit the Construction of a Garage 11’1” from the Front Property Line in a Single-Family Residential (R-1B) Zone
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.10, VARIANCES, GRANTING A DIMENSIONAL VARIANCE OF THIRTEEN (13) FEET ELEVEN (11) INCHES FROM THE MINIMUM FRONT SETBACK REQUIREMENT OF TWENTY-FIVE (25) FEET TO PERMIT THE CONSTRUCTION OF A GARAGE ELEVEN (11) FEET ONE (1) INCH FROM THE FRONT PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 2 , 3 AND PARCEL A, BLOCK 364, CAPE CORAL, UNIT 7 AS RECORDED IN PLAT BOOK 12, PAGES 101-128 LYING IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 24 EAST, CITY OF CAPE CORAL, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY IS LOCATED AT 1759 SE 46TH STREET; PROVIDING AN EFFECTIVE DATE.
9. BOARD OF ZONING ADJUSTMENT AND APPEALS ADJOURNS AND RECONVENES AS THE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING
M. ORDINANCE 66 - 08
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, SECTION 2.7, DISTRICT REGULATIONS, SUBSECTION .14, INSTITUTIONAL DISTRICT (INST), BY DELETING AS A PERMITTED USE AND ESTABLISHING AS A SPECIAL EXCEPTION USE TOWERS, COMMUNICATION; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
N. ORDINANCE 70 - 08
AN ORDINANCE AMENDING ARTICLE II, DISTRICT REGULATIONS, SECTION 2.7.1 TABLE R-1(b), SECTION 2.7.2 TABLE R-3(e), SECTION 2.7.3 TABLE RD(k), SECTION 2.7.4 TABLE RE(b), AND SECTION 2.7.5 TABLE RX(g) OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS TO AMEND THE MINIMUM GROUND FLOOR LIVING AREA OF A DWELLING; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
10. PLANNING & ZONING UPDATE
11. OTHER BUSINESS - a) Action Register b) Public Workshop on CAC (Commercial Activity Centers) and MR (Marketplace Residential)
12. DATE AND TIME OF NEXT MEETING – The next special meeting was scheduled for Wednesday, June 18, 2008, at La Brise, 1811 Cape Coral Parkway East (next to the Chamber of Commerce) at 9:00 a.m. The next regular meeting was scheduled for Wednesday, July 2, 2008, in Council Chambers at 9:00 a.m.
13. ADJOURNMENT
Members of the audience who address the Board/Commission/Committee shall step up to the speaker’s lectern and give his/her full name, address and whom he/she represents. Proper decorum shall be maintained at all time. Any audience member who is boisterous or disruptive in any manner to the conduct of this meeting shall be asked to leave or be escorted from the meeting room.
In accordance with the Americans with Disabilities Act and § 2.86.26, Florida Statues, 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 1-239-574-0530 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8700 (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. This agenda should not be viewed as containing definitive information on matters of law with respect to ordinance and resolution summaries. *PUBLIC HEARINGS DEPARTMENT OF COMMUNITY DEVELOPMENT CASES In all public hearings for which an applicant or applicants exist and which would affect a relatively limited land area, including but not limited to PDPs, variances or special exceptions, and small-scale rezonings, the following procedures shall be utilized in order to afford all parties or their representatives a full opportunity to be heard on matters relevant to the application: 1. The applicant, as well as witnesses offering testimony or presenting evidence, will be required to swear or affirm that the testimony they provide is the truth. Officers of the Court are exempt.
2. The order of presentation will begin with the City staff report, the presentation by the applicant and/or the applicant’s representative; witnesses called by the applicant, and then members of the public. 3. Members of the Planning & Zoning Commission/Local Planning Agency Board of Adjustment & Appeals may question any witness on relevant issues, by the applicant and/or the applicant’s representative, City staff, or by any member of the public. 4. The Chair may impose reasonable limitations on the offer of testimony or evidence and refuse to hear testimony or evidence that is not relevant to the issue being heard. The Chair may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. 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