AGENDA FOR THE HEARING EXAMINERTuesday, March 6, 2018

9:00 AMCouncil Chambers

1. HEARINGS CALLED TO ORDER

2. HEARINGS

A. Case # VP17-0019*; Address: 3514 Chiquita Boulevard South;Applicant: Newcom Real Properties, LLC

B. Case # PDP17-0003*; 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 286.26,persons needing a special accommodation to participate in this proceeding shouldcontact the City Clerk's Department whose office is located at Cape Coral City Hall,1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1-239-574-0411 forassistance, 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/Committeewith respect to any matter considered at such meeting or hearing, he will need a recordof the proceedings, and for such purpose, he may need to ensure that a verbatim recordof the proceedings is made, which record includes the testimony and evidence uponwhich the appeal is based.

PLEDGE OF CIVILITYWe will be respectful of each other even when we disagree.

We will direct all comments to the issues. We will avoid personal attacks.

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 thereis no ordinance or resolution.

2. The Applicant, staff, and all Participants requesting to speak or present evidenceor both the hearing shall be collectively sworn by an oath or affirmation by theClerk.

3. Staff will testify regarding proper notice of the Hearing in accordance with Cityrequirements.

4. The Applicant may waive the Applicant's right to an evidentiary hearing if Applicantagrees with the staff recommendation and no one from the audience wishes tospeak for or against the application. The Hearing Examiner shall rule on thematter or make a recommendation, based upon the staff report and any othermaterials contained within the official file. Regardless of a waiver by the Applicant,a Public Hearing shall be held for all decisions requiring an ordinance orresolution.

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, takingproper consideration of fairness and due process:

The Applicant shall make the Applicant's presentation, including offering anydocumentary 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 anyappropriate additional exhibits from the official file that have not alreadybeen transmitted to the Hearing Examiner with the agenda materials, as staffdesires; summarize issues; and make a recommendation on theapplication. Staff shall also introduce any witnesses that it wishes to providetestimony at the hearing. Staff shall present its entire case in thirty (30)minutes.Participants in opposition to or support of the application shall make theirpresentation in any order as determined by the Hearing Examiner. EachParticipant shall present their argument in 5 minutes.The Applicant may cross-examine any witness and respond to anytestimony presented.Staff may cross-examine any witness and respond to any testimonypresented.The Hearing Examiner may choose to allow Participants to respond to anytestimony if the Hearing Examiner deems the response to be necessary toensure fairness and due process.The Hearing Examiner, may ask questions of the staff, Applicant, andParticipants.Final argument may be made by the Applicant, related solely to theevidence in the record.Final argument may be made by the staff, related solely to the evidence inthe record.For good cause shown, the Hearing Examiner may grant additional time toany of the hereinabove time limitations.The Hearing Examiner's, decisions must be based upon CompetentSubstantial Evidence in the record.

Item Number: 2.A.Meeting Date: 3/6/2018Item Type: HEARINGS

AGENDA REQUEST FORMCITY OF CAPE CORAL

TITLE:Case # VP17-0019*; Address: 3514 Chiquita Boulevard South; Applicant: Newcom RealProperties, 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 arelisted below.

If No, will it harm the intent or success ofthe Strategic Plan? No

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 CoralSubdivision, and a vacation of platted lot lines within Lots 1-34, Block 4722, Lots 1-47, Block4723, Block 4724, and Lots 1-50, Block 4725, Unit 70 Cape Coral Subdivision; property located at3514 Chiquita Boulevard South.

LEGAL REVIEW:

EXHIBITS:See attached "Backup Material"

PREPARED BY:KristinKantarze Division- Planning Department- Community

Development

SOURCE OF ADDITIONAL INFORMATION:Mike Struve, AICP, LEED, Planning Team Coordinator, 239-242-3255, mstruve@capecoral.net

ATTACHMENTS:

Description TypeCASE #VP17-0019 Backup Material

Planning Division Case Report VP 17-0019

Review Date: February 13, 2018 Property Owner: Newcom Real Properties, LLC Owner Address: 5707 South Cass Avenue, Suite 1070 Chicago, IL 60606 Authorized Rep. Joe Mazurkiewicz, BJM Consulting Request: The applicant requests to vacate all platted easements and all lot lines in Blocks

4722, 4723, 4724, and 4725, Unit 70, Cape Coral Subdivision.

Property Location: 3514 Chiquita Boulevard South Prepared By: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Approved By: Robert H. Pederson, AICP, Planning Manager

Recommendation: Approval with conditions Urban Service 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 34th Terrace, SW 35th Street, SW 35th Terrace, SW 16th Place, and SW 36th Street. Besides these rights-of-way, all underlying and adjoining easements were vacated by Resolution 3-09. 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

February 13, 2018 VP 17-0019

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. Figure 1. Location of the 25.7-acre site (outlined in blue). Platted lot lines requested to be vacated are outlined in black.

Zoning History The site had a Commercial/Professional Future Land Use Classification that was changed to CAC by Ordinance 6-08. The zoning history of the subject blocks is more varied and is summarized in Table 1.

Chiq

uita

Bou

leva

rd

Savona Parkway

February 13, 2018 VP 17-0019

Page 3

Table 1. Zoning History of Blocks 4722, 4723, 4724, and 4725, Unit 70.

Block Lots Future Land Use Zoning 4722 1-34 CP to CAC – ORD 6-08 R-3 to RD – ORD 61-90

RD to MR – ORD 17-11 4723 1-47 CP to CAC – ORD 6-08 R-3 to RD – ORD 61-90

RD to C-1 – ORD 67-99 C-1 to MR – ORD 17-11

4724 Tract CP to CAC – ORD 6-08 C-1 to MR – ORD 17-11 4725 1-50 CP to CAC – ORD 6-08 R-3 to RD – ORD 61-90

RD to MR – ORD 17-11 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 4725. 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

February 13, 2018 VP 17-0019

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.

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 150027, Cape Coral, FL 33915-0027. 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 1-239-574-0530 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# VP17-0019 LEGAL AD - DCD AD#2753168 Feb.24, 201B

CITY OF CAPE CORAL Department of

Community Development Planning Division

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Case No. VP17-0019

CJ Subject Parcel

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Yoi17t Litt tht Attitudt In rm~lfst

JANAUARY 19TH, 2018

Feet 260 520

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.

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MEMORY LAKE

500' PROXIMITY BOUNDARY

CITY OF CAPE CORAL Department of

Community Development Planning Division

CURRENT ZONING MAP 500' Proximity Boundary

Case No. VP17-0019

LEGEND

c::J 500' Proximity Boundary

c::J Subject Parcel

Zoning

- C-1

MR

P-1

R-1A

R-1 B

- R-3 RD

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JAN UARY 19TH, 2018

Feet 420

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

840

for i nciden~s that may occur. Please contact the Department of Community Development with any questions regarding this

map product.

Item Number: 2.B.Meeting Date: 3/6/2018Item Type: HEARINGS

AGENDA REQUEST FORMCITY OF CAPE CORAL

TITLE:Case # PDP17-0003*; 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 arelisted below.

If No, will it harm the intent or success ofthe Strategic Plan? No

Planning & Zoning Recommendations:

SUMMARY EXPLANATION AND BACKGROUND:The developer requests PDP approval at “1913 NE 10th Terrace” to construct a building formanufacturing and business office uses. Adequate landscaping will be provided in the 25-foot rearsetback to buffer this use from residential uses on the north side of the Banjo Canal.

LEGAL REVIEW:

EXHIBITS:See attached "Backup Materials"

PREPARED BY:KristinKantarze Division- Planning Department- Community

Development

SOURCE OF ADDITIONAL INFORMATION:Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, 239-242-3255,mstruve@capecoral.net

ATTACHMENTS:Description TypeBackup Materials Backup Material

Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: planningquestions@capecoral.net

NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: PDP17-0003

REQUEST: The developer requests PDP approval at “1913 NE 10th 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 10th Terrace

CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, 239-242-3255, 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, www.capecoral.net/publichearing (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 150027, Cape Coral, FL 33915-0027. 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 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (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.

Please contact us with changes or cancellations as soon as possible, otherwise no further action needed.

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888-516-9220 239-335-0258 FNPLegals@gannett.com

Customer:

CAPE CORAL FL 33990

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1015 CULTURAL PARK BLVDAddress:

0002743485Ad No.: CITY OF CAPE CORAL_DEPT OF COM

$363.62Net Amt:

02/24/18Run Dates:

Run Times: 1 No. of Affidavits: 1

Text of Ad:

ItemNumber: 3.A.

MeetingDate: 3/6/2018

Item Type: DATE AND TIME OF NEXTMEETING

AGENDA REQUESTFORM

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 arelisted below.

If No, will it harm the intent or success ofthe Strategic Plan?

Planning & Zoning Recommendations:

SUMMARY EXPLANATION AND BACKGROUND:

LEGAL REVIEW:

EXHIBITS:

PREPARED BY: Division- Department-

SOURCE OF ADDITIONAL INFORMATION: