AGENDA FOR THE REGULAR MEETING OF THE
CAPE CORAL CITY COUNCIL
Monday, April 23, 2007
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COUNCIL CHAMBERS |
5:30 PM |
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Pledge of Allegiance to the Flag of the United States of America |
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6. |
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PUBLIC COMMENT - CONSENT AGENDA - A maximum of 30 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual |
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a) |
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Design Services for Chantry Canal Park, Parks & Recreation, Dollar Value: N/A at this Time, AVALON ENGINEERING, INC.
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Purchase of Thermoplastic Pavement Marking Material, Public Works, Dollar Value: Estimated Cost of $40,000.00 Utiliting Volusia County Contract #PA 3407, FLINT TRADING, INC.
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MWH Americas Work Authorization (WA) WW-2C, Southwest WRF Minor Modifications Change Order, Public Works, Dollar Value: N/A, MWH AMERICAS
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MWH Americas Work Authorization (WA) WW-2C.1, Southwest WRF Expansion Major Modifications Change Order, Public Works, Dollar Value: N/A, MWH AMERICAS
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MWH Americas Work Authorization (WA) WW-1C.2, Everest WRF Expansion Minor Modifications Change Order, Public Works, Dollar Value: N/A, MWH AMERICAS
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MWH Americas Work Authorization (WA) W-8, Transmission Pipelines and Pumping Stations Change Order, Public Works, Dollar Value: Decrease of Guaranteed Maximum Pricing by $19,357.00, MWH AMERICAS
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C. |
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D. |
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PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES: |
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AX 06-01100002 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF PARCELS OF LAND LYING IN SECTION 4, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT PINE ISLAND ROAD AND ORCHID ROAD; PROVIDING FOR TRANSFER OF FIRE SERVICE RESPONSIBILITY; PROVIDING FOR REDEFINITION OF CITY BOUNDARIES; - COUNCILMEMBER BERARDI |
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ACTION REQUESTED |
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Final Public Hearing |
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ACTION REQUESTED |
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Final Public Hearing |
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WHAT THE ORDINANCE ACCOMPLISHES |
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Approves Annexation of Parcels of Land Lying in Section 4, Township 44 South, Range 24 East providing for Transfer of Fire Service Responsibility and Redefinition of City Boundaries. |
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WHAT THE ORDINANCE ACCOMPLISHES |
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Approves Annexation of Parcels of Land Lying in Section 4, Township 44 South, Range 24 East providing for Transfer of Fire Service Responsibility and Redefinition of City Boundaries. |
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ZA 06-00500003 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 ALL PROPERTIES WITHIN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA FROM PEDESTRIAN COMMERCIAL (C-1) AND MULTI-FAMILY RESIDENTIAL (R-3) ZONING TO DOWNTOWN CORE (DC) ZONING; REZONING FROM PEDESTRIAN COMMERCIAL (C-1), PROFESSIONAL OFFICE (P-1), SINGLE FAMILY RESIDENTIAL (R-1B), AND MULTI-FAMILY RESIDENTIAL (R-3) ZONING TO DOWNTOWN GATEWAY (DG) ZONING; AND REZONING FROM PEDESTRIAN COMMERCIAL (C-1), PROFESSIONAL OFFICE (P-1), AND MULTI-FAMILY RESIDENTIAL (R-3) ZONING TO DOWNTOWN EDGE (DE) ZONING; THE PROPERTIES CONSIST OF ALL PARCELS IN THE DOWNTOWN CRA AS MORE PARTICULARLY DESCRIBED HEREIN; - COUNCILMEMBER HAIR |
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ACTION REQUESTED: Final Public Hearing (Quasi-Judicial, All Persons Testifying Must be Sworn In) |
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WHAT THE ORDINANCE ACCOMPLISHES: Rezones all Properties within the Downtown Community Redevelopment Area from Pedestrian Commercial (C-1) and Multi-Family Residential (R-3) Zoning to Downtown Core (DC) Zoning; Rezoning from Pedestrian Commercial (C-1), Professional Office (P-1), Single Family Residential (R-1B), and Multi-Family Residential (R-3) Zoning to Downtown Gateway (DG) Zoning; and Rezoning from Pedestrian Commercial (C-1), Professional Office (P-1), and Multi-Family Residential (R-3) Zoning to Downtown Edge (DE) Zoning. |
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LU 06-01000027 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 LOTS 20 AND 21, BLOCK 163, UNIT 3, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE(S) 71 TO 80, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY IS LOCATED AT 124 CAPE CORAL PARKWAY WEST; - COUNCILMEMBER STEVENS |
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ACTION REQUESTED: Final Public Hearing |
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WHAT THE ORDINANCE ACCOMPLISHES: Amends Future Land Use Map from Multi-Family Residential (MF) to Commercial/Professional (CP); Property is Located at 124 Cape Coral Parkway West. |
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AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, BY AMENDING SECTION 2.1 ESTABLISHMENT OF ZONING DISTRICTS, SUBSECTION .8 INSTITUTIONAL DISTRICT, TO REDEFINE THE PURPOSE OF THE DISTRICT; BY AMENDING SECTION 2.7 DISTRICT REGULATIONS, SUBSECTION .14 INSTITUTIONAL DISTRICT (INST), TO REDEFINE THE PURPOSE AND INTENT, ESTABLISH ADDITIONAL PERMITTED USES AND SPECIAL EXCEPTION USES, AND AMEND THE DIMENSIONAL REGULATIONS TO INCREASE MAXIMUM STRUCTURE COVERAGE, DECREASE MINIMUM FRONT, SIDE AND REAR YARDS, AND INCREASE MAXIMUM HEIGHT ALLOWANCE; AMENDING ARTICLE III SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION 3.2 TEMPORARY USES, SUBSECTION .1 TEMPORARY SALES OFFICES, TO PROVIDE SIGN REGULATIONS FOR SIGNS AT TEMPORARY SALES OFFICES IN THE INSTITUTIONAL DISTRICT, AND SUBSECTION .2 CONSTRUCTION TRAILERS, TO PROVIDE THAT CONSTRUCTION TRAILERS ON PROPERTY ZONED INSTITUTIONAL BE SUBJECT TO THE REQUIREMENTS IN SUB-SUBSECTION C; BY AMENDING SECTION 3.4 OUTDOOR DISPLAY OF MERCHANDISE; TEMPORARY OFF-SITE VEHICLE SALES: SEASONAL FUNDRAISING EVENTS, SUBSECTION .1 TO PROVIDE REGULATIONS FOR OUTDOOR DISPLAY OF MERCHANDISE IN INSTITUTIONAL DISTRICTS, AND SUBSECTION .3 TO PROVIDE REGULATIONS FOR SEASONAL FUNDRAISING EVENTS IN INSTITUTIONAL DISTRICTS; BY AMENDING SECTION 3.14 PROTECTION OF EASEMENTS, SUBSECTION .3 TO INCLUDE INSTITUTIONAL DISTRICTS WHERE CERTAIN PARKING AREAS, DRIVEWAYS AND SIDEWALKS MAY BE LOCATED IN AN EASEMENT; BY AMENDING SECTION 3.24 CITY-OWNED RIGHT-OF-WAY, SUBSECTION .3 TO PROVIDE THAT PERMIT REQUIREMENTS FOR CURB, GUTTER, SIDEWALK, SOD AND PAVING IN ALLEYS APPLY IN INSTITUTIONAL DISTRICTS; BY AMENDING ARTICLE IV LAND DEVELOPMENT REGULATION, SECTION 4.1 IN GENERAL, TO PROVIDE FOR REGULATIONS IN THE INSTITUTIONAL DISTRICT THROUGH THE PLANNED DEVELOPMENT PROJECT PROCEDURE; BY AMENDING SECTION 4.2 PLANNED DEVELOPMENT PROJECT PROCEDURE, SUBSECTION .4.G. TO APPLY THE REGULATIONS FOR MINIMUM PARCEL SIZE TO THE INSTITUTIONAL DISTRICT; BY AMENDING 4.4 SITE PLAN REVIEW PROCEDURE, SUBSECTION .2 APPLICABILITY, TO APPLY THE REGULATIONS CONCERNING SITE PLAN APPROVAL IN INSTITUTIONAL DISTRICTS; AMENDING ARTICLE V SUPPLEMENTARY DEVELOPMENT REGULATION, SECTION 5.2 LANDSCAPING, SUBSECTION .9 LANDSCAPING REQUIREMENTS, TO DECREASE THE LANDSCAPE BUFFER YARD REQUIREMENT IN THE INSTITUTIONAL ZONING DISTRICT FROM 40 TO 15 FEET; AMENDING ARTICLE VI, FLOOD DAMAGE PREVENTION, SECTION 6.5 PROVISIONS FOR FLOOD HAZARD REDUCTION, SUBSECTION B SPECIFIC STANDARDS, TO APPLY THE NON-RESIDENTIAL CONSTRUCTION REGULATIONS TO INSTITUTIONAL DISTRICTS; AMENDING ARTICLE VII, SIGNS, SECTION 7.7, EXEMPT SIGNS, SUBSECTION .2, TO INCLUDE THE INSTITUTIONAL ZONING DISTRICT WHERE CERTAIN SIGNS ARE ALLOWED WITHOUT A PERMIT, AND TO PROVIDE THAT TEMPORARY POLITICAL SIGNS ARE ALLOWED IN THE INSTITUTIONAL ZONING DISTRICT PURSUANT TO ANY APPLICABLE REQUIREMENTS; BY AMENDING SECTION 7.13 MISCELLANEOUS SIGNS, TO APPLY CERTAIN REGULATIONS FOR FLAGPOLES AND FLAG STANDARDS TO THE INSTITUTIONAL DISTRICTS; - MAYOR FEICHTHALER |
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ACTION REQUESTED: Final Public Hearing |
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WHAT THE ORDINANCE ACCOMPLISHES: Amends Purpose and Intent, Permitted Uses and Special Exception Uses, and Regulations for the Institutional Zoning District. |
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A RESOLUTION OF THE CITY OF CAPE CORAL; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DEPARTMENT); PROVIDING FOR THE CITY TO MAINTAIN CERTAIN PORTIONS OF RIGHT OF WAY ALONG PINE ISLAND ROAD (S.R. 78); PROVIDING THAT THE DEPARTMENT WILL REIMBURSE THE CITY FOR SUCH MAINTENANCE; - COUNCILMEMBER DAY |
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ACTION REQUESTED: Final Public Input |
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WHAT THE RESOLUTION ACCOMPLISHES: Authorizes Execution of a Maintenance Agreement with the Florida Department of Transportation for Landscaping on SR 78 (between Santa Barbara Boulevard and NE 24th Avenue). |
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Unfilled Positions/Discussion of Hiring Freeze - Mayor Feichthaler |
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LU 06-01000041 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM COMMERCIAL/PROFESSIONAL (CP) TO SINGLE FAMILY RESIDENTIAL (SF) FOR PROPERTY DESCRIBED AS LOTS 21 THROUGH 28, BLOCK 3182, UNIT 66, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 22, PAGES 2 THROUGH 26, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY IS LOCATED AT 1507-1523 SW 25th STREET; - COUNCILMEMBER BOYD |
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ACTION REQUESTED: Set Public Hearing Date |
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WHAT THE ORDINANCE ACCOMPLISHES: Amends Future Land Use Map from Commercial/Professional (CP) to Single-Family Residential (SF). Property is Located at 1507-1523 SW 25th Street. |
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Time and Place of Next Meeting - The Next Regular City Council Meeting is Scheduled for 06/11/2007 at in Council Chambers |
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This agenda should not be viewed as containing definitive information on matters of law with respect to ordinance and resolution summaries.
NOTE: For a final hearing on a quasi-judicial matter involving land use (an agenda item identified with an asterisk*), any person who wishes to intervene as a party must obtain a form for that purpose from the City Clerk, complete it, and file it with the Clerk before the start of the public hearing.
GENERAL RULES AND PROCEDURES REGARDING THE
CAPE CORAL CITY COUNCIL AGENDA
This printed agenda will be followed in the conduct of the City’s business.
If a person decides to appeal any decision made by the City Council 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.
Any citizen may appear before the City Council at the scheduled PUBLIC HEARING/INPUT to comment on the specific agenda item being considered. No prior scheduling is necessary.
Time is set aside for any citizen to address the City Council on matters within Council jurisdiction during CITIZENS’ INPUT TIME. No prior scheduling is necessary, however, persons desiring to participate in CITIZENS’ INPUT TIME are requested to complete and submit a speaker’s form to the City Clerk. These forms may be obtained in the Council Chambers one hour prior to the meeting.
Members of the audience who address the City Council shall step up to the speaker’s lectern and give his or her full name, address, and whom he or she represents. Proper decorum shall be maintained at all times. 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.
Copies of the agenda are available in the main lobby of Cape Coral City Hall and in the City Council Office, 1015 Cultural Park Boulevard. Copies of all back-up documentation are also available for review in the lobby of Council Chambers. You are asked to refrain from removing any documentation. If you desire copies, please request they be made for you. Copies are 15˘ per page. Agendas and back-up documentation are also available on-line on the City website (capecoral.net) after 4:00 PM on the Thursday prior to the Council Meeting.
The meetings will be carried live on Cable Channel 14, Time Warner Cable of Cape Coral.
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.
*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, appeals concerning 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.
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 City Council 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 Mayor 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 Mayor may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. The Mayor may also call witnesses and introduce evidence on behalf of the City Council if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject.
5. After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement.
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