FINAL ACTION AGENDA

 

REGULAR MEETING

CITY OF CAPE CORAL

PLANNING & ZONING COMMISSION/ LOCAL PLANNING AGENCY

BOARD OF ZONING ADJUSTMENT & APPEALS

 

WEDNESDAY, JUNE 3, 2009

 

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

                                      Alternate:  Carlson and McCord

 

5.         APPROVAL OF MINUTES – April 22, 2009, and May 6, 2009 – APPROVED

 

6.         SWEARING IN OF WITNESSES, STAFF, ETC.

 

7.          BUSINESS

 

8.         PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY

PUBLIC HEARING

 

A.  ORDINANCE 33-09* - RECOMMENDED APPROVAL

ZA 09-00500003* - City of Cape Coral

Legal: Lots 93-108 and 113-122, Block 1027, Unit 24

Address: 518-546, 602 and 612-630 Nicholas Parkway East

Request:  Rezoning from Single-Family Residential (R1B) to Professional Office (P1) Zoning

 

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 93-108 AND 113-122, BLOCK 1027, UNIT 24, CAPE CORAL SUBDIVISION, FROM single FAMILY RESIDENTIAL (R-1b) TO PROFESSIONAL OFFICE (P-1) ZONE; Property is located AT 518-546, 602 AND 612-630 NICHOLAS PARKWAY EAST; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

 

B.  ORDINANCE 34-09* - RECOMMENDED APPROVAL

ZA 09-00500004* - City of Cape Coral

Legal: Lots 1-40, Block 1073, Unit 23; Lots 1-16, Block 774, Unit 24; Lots 1-4, 9-19, and 24-42, Block 1060, Unit 24; Lots 1-17, Block 1064, Unit 24; Lots 1-40, Block 1068, Unit 24; Lots 1-40, Block 1154, Unit 24

Address: Property is bounded by SE 7th Street to the north, SE 10th Street to the south, Cultural Park Boulevard to the east, and SE 6th Court to the west

Request: Rezoning from Multi-Family Residential (R3) to Professional Office (P1) Zoning

 

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 1-40, BLOCK 1073, UNIT 23; LOTS 1-16, BLOCK 774, UNIT 24; LOTS 1-4, 9-19, AND 24-42, BLOCK 1060, UNIT 24; LOTS 1-17, BLOCK 1064, UNIT 24; LOTS 1-40, BLOCK 1068, UNIT 24; LOTS 1-40, BLOCK 1154, UNIT 24; ALL IN CAPE CORAL SUBDIVISION FROM MULTI-FAMILY RESIDENTIAL (R-3) TO PROFESSIONAL OFFICE (P-1) ZONE; Property is BOUNDED BY SE 7TH STREET TO THE NORTH, SE 10TH STREET TO THE SOUTH, CULTURAL PARK BOULEVARD TO THE EAST, AND SE 6TH COURT TO THE WEST; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

 

9.         PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY

ADJOURNS AND RECONVENES AS THE

BOARD OF ZONING ADJUSTMENT AND APPEALS

PUBLIC HEARING

 

A. RESOLUTION VA 6 – 2009* - APPROVED WITH CONDITIONS

VA 09-00300006* - Amorosi

Legal:  Lots 27-28, Block 4384, Unit 63    

Address:  2105 SW 8th Place

Request: 10’ rear setback variance to the minimum 10’ rear setback requirement of 10’ to permit the construction of a fence on the rear property line adjacent to a 20’ wide platted alleyway in a Residential Development (RD) 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 TEN (10) FEET FROM THE MINIMUM REAR SETBACK REQUIREMENT OF TEN (10) FEET TO PERMIT THE CONSTRUCTION OF A FENCE ON THE REAR PROPERTY LINE ADJACENT TO A TWENTY (20) FOOT WIDE PLATTED ALLEYWAY IN A RESIDENTIAL DEVELOPMENT (RD) ZONE ON PROPERTY DESCRIBED AS LOTS 27 AND 28, BLOCK 4384, UNIT 63, CAPE CORAL SUBDIVISION; Property is located at 2105 SW 8TH PLACE; PROVIDING AN EFFECTIVE DATE.

 

10.                               BOARD OF ZONING ADJUSTMENT AND APPEALS

ADJOURNS AND RECONVENES AS THE

            PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY

PUBLIC HEARING

                                                                       

A. ORDINANCE 28 – 09 -  RECOMMENDED APPROVAL

 

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE XII, SECTION 12.1, TO INCORPORATE THE FLORIDA BUILDING CODE 2007, EXCEPT FOR THOSE PARTS OF CHAPTER 1, ADMINISTRATION, DELETED, MODIFIED OR AMENDED AS INDICATED IN SECTION 12.2; TO INCORPORATE THE NATIONAL ELECTRICAL CODE, 2005 EDITION, TO DELETE THE REFERENCE TO THE STANDARD UNSAFE BUILDING ABATEMENT CODE--1985 EDITION; TO INCORPORATE THE FLORIDA BUILDING CODE 2007-FUEL GAS; TO AMEND SECTION 12.2 TO INCORPORATE THE FLORIDA BUILDING CODE 2007; AND TO AMEND SECTION 12.4 TO INCORPORATE THE FLORIDA BUILDING CODE 2007; TO INCORPORATE THE NATIONAL ELECTRICAL CODE, 2005 EDITION, TO DELETE THE REFERENCE TO THE STANDARD UNSAFE BUILDING ABATEMENT CODE--1985 EDITION; AND TO INCORPORATE THE FLORIDA BUILDING CODE 2007-FUEL GAS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

 

B. ORDINANCE 35 – 09 -  RECOMMENDED APPROVAL

 

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, SUBSECTION .1, DEFINITIONS; SUBSECTION .2, STANDARDS; AND SUBSECTION 8, CONSTRUCTION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

 

C. ORDINANCE 36 – 09  -  RECOMMENDED APPROVAL

 

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, SECTION 2.6, NON-CONFORMITIES, TO ALLOW AND TO REGULATE NON-CONFORMING STRUCTURE EXCEPTIONS IN THE DOWNTOWN ZONING DISTRICTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

 

D. ORDINANCE 37 - 09 - RECOMMENDED APPROVAL WITH CHANGES

 

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.7, AMENDMENTS, AND SECTION 8.11, VACATION OF PLATS, RIGHTS-OF-WAY AND OTHER PROPERTY, BY AMENDING THE PETITION REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

 

11.       ACTION REGISTER REVIEW

 

12.       PLANNING & ZONING UPDATE

           

13.       OTHER BUSINESS           

 

14.       DATE AND TIME OF NEXT MEETING – The next regular meeting is scheduled for Wednesday, July 1, 2009, in Council Chambers at 9:00 a.m. 

 

15.       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.

 

  1. 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.
  5. 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.  The Chair may also call witnesses and introduce evidence on behalf of the Planning & Zoning Commission/Local Planning Agency if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject.

 

  1. After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement.