MINUTES OF THE REGULAR MEETING OF
THE CITY OF CAPE CORAL
BOARD OF ZONING ADJUSTMENT & APPEALS
WEDNESDAY, OCTOBER 1, 2008
COUNCIL CHAMBERS 9:00 A.M.
Chair Wolfe called the meeting to order at 9:00 a.m.
A moment of silence was observed.
Chair Wolfe led the Pledge of Allegiance to the Flag of the United States of America.
ROLL CALL: Fluegel, Martin, Ranfranz, Read, Triscari, and Wolfe were present. Alternate: Carlson was present. McCord arrived at 9:08 a.m.
Cristaldi was excused.
ALSO PRESENT: Brian Bartos, Assistant City Attorney Carl Schwing, Acting DCD Director
Glenn Heath, Planner IV
James Lettiere, Development Management Team Coordinator
John Patterson, Planner II
Mike Struve, Acting Planning and Growth Management Division Manager
Patrick White, Planner I
Rick Sosnowski, Comprehensive Planning Team Coordinator
Ronald Mey, Horticulturist
Shirley Burns, DCD Deputy Director
Wyatt Daltry, Planner III
APPROVAL OF MINUTES
The minutes from the Planning and Zoning Commission meeting of September 3, 2008, were presented for approval.
Commissioner Martin moved, seconded by Commissioner Read, to approve the minutes as presented.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and Carlson voted “aye.” All “ayes.” Motion carried.
SWEARING IN OF WITNESSES, STAFF, ETC.
BUSINESS
PLANNING & ZONING COMMISSION/LOCAL PLANNING AGENCY
A. RESOLUTION PDP 2 – 2008*
PDP 08-00800001* - Santa Barbara Animal Hospital
Legal: Tract "A" In Block 2371, Unit 35
Address: 395 Santa Barbara Boulevard North
Request: Site Plan Approval, Development Plan Approval
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE IV, LAND DEVELOPMENT REGULATIONS, SECTION 4.2, PLANNED DEVELOPMENT PROJECT PROCEDURE, APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "SANTA BARBARA ANIMAL HOSPITAL" FOR CERTAIN PROPERTY DESCRIBED AS A PORTION OF TRACT "A" IN BLOCK 2371, CAPE CORAL, UNIT 35, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROPERTY LOCATED AT 395 SANTA BARBARA BOULEVARD NORTH; GRANTING SITE PLAN APPROVAL FOR PURPOSES OF DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner Patterson stated the applicant, Dr. Terri Alexander, was requesting site and development plan approval. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He reminded the Commission they had the final approval authority since this was not required to go to City Council. He noted no threatened or endangered plants or animals existed on the subject property as per the environmental statement from the applicant. He reviewed staff’s analysis and staff recommended approval subject to the conditions of the Development Order (DO). He stated it was consistent with the comprehensive plan, and the site plan was consistent with zoning regulations for Corridor zoning and standards for PDP projects. He noted no letters were received.
Manuel Garcia, Southwest Engineering, authorized representative, stated they worked with staff for about ten months to get this project ready for construction. He stated he had no additional comments and was available for questions.
Public Hearing opened.
No speakers.
Public Hearing closed.
Discussion was held regarding no outdoor storage or kennels were proposed so nearby homes would not be disturbed with barking.
Discussion was held concerning building materials meeting the Corridor architectural standards.
Discussion was held concerning the extension of curb and gutter in front of the adjoining properties angling in with a taper not to be done as previously requested.
Discussion was held regarding if this project met the new design standards.
Commissioner Ranfranz moved, seconded by Commissioner Fluegel, to approve Resolution PDP 2-2008.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” All “ayes.” Motion carried.
B. ORDINANCE 115-08* (continued to November 5, 2008)
PDP 07-00800018* - Shops at Skyline
Legal: Lots 24-53 together with a portion of a 20 foot alley lying between said lots; All lying
in Block 4427, Unit 63
Address: 1618 Skyline Boulevard
Request: Rezoning from Residential Development (RD) to Pedestrian Commercial (C-1); Special Exception to allow a self-service fuel pump station; Vacation of Plat for a twenty foot wide alley and underlying and adjoining easements; Development Plan Approval; Site Plan Approval
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "SHOPS AT SKYLINE" FOR CERTAIN PROPERTY DESCRIBED AS LOTS 24 THROUGH 53, INCLUSIVE; TOGETHER WITH A PORTION OF A 20 FOOT ALLEY LYING BETWEEN SAID LOTS; ALL LYING IN BLOCK 4427, CAPE CORAL UNIT 63, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROPERTY LOCATED AT 1618 SKYLINE BOULEVARD; rezoning the subject property from Residential Development (RD) to Pedestrian Commercial (C-1); granting a special exception to allow a 3,536 square foot SELF-SERVICE FUEL PUMP STATION; granting A vacation of plat FOR A twenty (20) foot wide alley and underlying AND ADJOINING easements as described in Exhibits "B" and "C"; GRANTING DEVELOPMENT PLAN APPROVAL FOR PHASES I AND II; granting Site Plan approval for purposes of Development Plan approval FOR PHASE I pursuant to Section 4.2 of the City of Cape Coral Land Use and Development Regulations; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
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Planner Patterson stated the applicant requested to move this case forward to a date certain, November 5, 2008.
Cliff Repperger, Avalon Engineering, authorized representative, requested a continuance until November 5, 2008. He noted there were a few improvements which would benefit the City and the applicants that they wanted to address before presenting this request to the Commission.
Assistant City Attorney Bartos asked if anyone from the public wished to address this issue, and there were no speakers.
Commissioner Read moved, seconded by Commissioner Martin, to continue Ordinance 115-08 to November 5, 2008.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” All “ayes.” Motion carried.
C. RESOLUTION 52 – 08*
PDP 07-00800015*- Nicholas Commons
Legal: Lots 1-15 and Lots 18-29, Block 1942, and all of Block 1943, Unit 29
Address: 110-212 Pine Island Road SW
Request: Deviation, Vacation of Right-of-Way, Site Plan Approval, Development Plan Approval
A RESOLUTION APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "NICHOLAS COMMONS" FOR CERTAIN PROPERTY DESCRIBED AS LOTS 1 THROUGH 15 AND LOTS 18 THROUGH 29, BLOCK 1942, AND ALL OF BLOCK 1943, CAPE CORAL UNIT 29, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROPERTY LOCATED AT 110 THROUGH 212 PINE ISLAND ROAD SW; GRANTING A DEVIATION FROM SHEET G-17 OF THE ENGINEERING DESIGN STANDARDS TO ELIMINATE THE THREE(3) FOOT SODDED AREA REQUIRED BETWEEN THE SIDEWALK AND CURB; GRANTING A DEVIATION OF THREE (3) FEET FROM THE REQUIRED COVERED PEDESTRIAN CIRCULATION LINK EIGHT (8) FEET IN WIDTH TO ALLOW THE SOUTH SIDE OF BUILDING TWO TO HAVE A COVERED PEDESTRIAN CIRCULATION LINK OF FIVE (5) FEET IN WIDTH; GRANTING VACATION OF RIGHT-OF-WAY OF SW 2ND STREET AND SW 7TH AVENUE AND UNDERLYING AND ADJOINING UTILITY AND DRAINAGE EASEMENTS AS DESCRIBED HEREIN AND SHOWN ON EXHIBITS "B" THROUGH "E"; GRANTING SITE PLAN APPROVAL FOR PURPOSES OF DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner Patterson stated the request was from the applicant, William R. Spence, Jr. as Trustee for William R. Spence, Jr. Declaration of Trust u/t/d/ January 3, 2000 and Nicholas Commons, LLC. He advised that the request was for approval of site plan, development plan, deviations, vacation of platted road right-of-ways, and underlying and adjoining easements. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He reviewed staff’s analysis and stated staff recommended approval subject to the conditions contained within the Development Order. He noted no letters were received.
Josh Fruth, Davidson Engineering, Inc., authorized representative, stated he had no additional information to provide and was available for questions.
Public Hearing opened.
No speakers.
Public Hearing closed.
Commissioner Fluegel stated he was concerned about the possible drive-through on retail Building One on the southwest corner.
Discussion was held regarding the drive-through no longer included with the site plan for traffic purposes since that building was originally designed for a CVS.
Commissioner Fluegel stated if Building One did not have a drive-through, the southwest corner should have a continuation of landscaping. He questioned if this would go through with the new non-residential design standards and if those standards would override the Pine Island Road design standards.
Commissioner McCord stated some type of buffering treatment needed to be addressed on the southwest side of the building.
Discussion was held pertaining to the main entrance on Building Two.
Discussion was held regarding the compliance of the new non-residential design standards.
Discussion was held concerning the more stringent of the two being applied as far as using the Corridor or non-residential design standards.
Acting Planning and Growth Management Division Manager Struve addressed the question of when the corridor architectural requirements and non-residential design standards come into play. He noted that regulations stated when there was a conflict between the two, the more specific shall apply; and if the standards were equally specific, then the more restrictive shall apply.
Commissioner Fluegel moved, seconded by Commissioner Read, to recommend approval of Resolution 52-08 with the following conditions.
1) subject to Buildings #1 and #2 meeting the new non-residential design standards and 2) eliminating any potential drive-through access for retail Building #1.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” All “ayes.” Motion carried.
D. RESOLUTION 56 – 08 – La Brise
Legal: Tract 3, Block 352, Cape Coral Subdivision, Unit 7, Part 1
Address: 1811 Cape Coral Parkway East
Request: Enhanced Density, Pursuant to the Downtown CRA Redevelopment Incentive Program, for a Proposed Project Entitled "La Brise" Located in the Downtown Gateway (DG) Zoning District
A RESOLUTION OF THE CAPE CORAL CITY COUNCIL PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; APPROVING AN APPLICATION FOR ENHANCED DENSITY, PURSUANT TO THE DOWNTOWN CRA REDEVELOPMENT INCENTIVE PROGRAM, FOR A PROPOSED PROJECT ENTITLED "LA BRISE" LOCATED IN THE DOWNTOWN GATEWAY (DG) ZONING DISTRICT ON PROPERTY DESCRIBED AS All OF TRACT 3, BLOCK 352, CAPE CORAL SUBDIVISION, UNIT 7, PART 1, ACCORDING TO PLAT BOOK 24, PAGES 63 AND 64, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 1811 CAPE CORAL PARKWAY EAST; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Acting Planning and Growth Management Division Manager Struve stated staff recommended this case be pulled and at this point not be continued to a date certain. He explained that one of the condominium buildings of the Clipper Bay Condominium Association was not notified of the meeting. He stated that it may be due to a software error.
Acting DCD Director Schwing assured the Commission that staff was aware of the problem and the IT Department was investigating the cause so that it could be avoided in the future.
Discussion was held regarding the approval process of the RIP (Redevelopment Incentive Program) before the PDP (Planned Development Project).
Cliff Repperger, Avalon Engineering, authorized representative, commented on the interrelationships of both applications.
E. ORDINANCE 111-08
LU 08-01000011 - Sandoval Place LLC
Legal: Lots 47-50 and Tract A, Block 5900, and All of Block 5910, Unit 92
Address: 2431, 2441, and 2445 Surfside Boulevard and 2322 SW 25th Street
Request: Land Use Map Amendment from Single-family (SF) Land Use and Multi-family (MF) Land Use 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) AND FROM multi-family residential (mf) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR LOTS 47-50 AND TRACT A, BLOCK 5900, AND ALL OF BLOCK 5910, UNIT 92, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 2431, 2441, and 2445 surfside boulevard and 2322 sw 25th street; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Ordinance.
Planner Heath stated the request was from the applicant, Sandoval Place LLC. He advised this was a privately-initiated small scale future land use map amendment request from single family (SF) residential and multi-family residential to commercial/professional (CP). He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He advised the subject property was located near the intersection of Surfside Boulevard and Veterans Parkway and may have adverse traffic impacts during the afternoon peak hour. He indicated the applicant would have to prepare a traffic impact statement as part of the development review process. He reviewed staff’s analysis and stated staff recommended adoption. He noted no correspondence was received; however a phone call was received in opposition.
Joan Henry, Lusk, Drasites & Tolisano, authorized representative, agreed with the staff recommendation and was available for questions.
Public Hearing opened.
James Smith, Surfside Boulevard property owner, expressed concerns regarding the safety of the intersection at Surfside Boulevard and Veterans Parkway. He questioned if a traffic light was planned. He referred to the length of time it took to get a light down the road. He opposed more development since Sandoval was not full.
Donald Lucas, member of Sandoval Place LLC, clarified that he was not connected with the Sandoval Development and appreciated the concerns raised by the resident. He explained his project was upscale professional commercial, and felt it would benefit neighborhood. He mentioned it would not be retail commercial like a convenience store. He stated the permitting process would take another year.
Public Hearing closed.
Commissioner Fluegel requested information from the applicant’s traffic engineer concerning left turns in and out of the project site.
Michael Prince, Vice President, Neese Associates, stated they had not been designed yet and would coordinate it with the City.
Commissioner Fluegel stated he there should not be access out of the site to SW 25th Street on the east side of the project due to the residential neighborhood, and suggested the development be limited to access from Surfside Boulevard.
Mr. Prince stated the current concept was the egress/ingress on Surfside Boulevard and they were not proposing any egress/ingress on the opposite side of the property.
Discussion was held regarding the left in/left out and no access from the neighborhood to the east from SW 25th Street.
Planner Patterson noted a traffic impact study would be included at the time the PDP is submitted. He advised that staff recommended possibly closing off the median.
Discussion was held regarding the proposed roadway for this project not becoming a cut through to the neighborhood.
Mr. Prince stated they did not want access through the residential area. He noted they wanted to do a berm type wall and landscaping on the east and south sides. He mentioned it was not economically sound at this time to present a detailed plan to the neighborhood.
Commissioner Martin moved, seconded by Commissioner Fluegel, to recommend approval of Ordinance 111-08.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” All “ayes.” Motion carried.
F. ORDINANCE 114 - 08
LU 08-01000004 - Wolfe, Taylor, Hasselbach
Legal: Lots 15-23, Block 3230, Unit 66
Address: 1417-1425 and 1501-1507 Gleason Parkway
Request: Land Use Map Amendment from Multi-Family (MF) Land Use 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 LOTS 15-23, BLOCK 3230, UNIT 66, CAPE CORAL SUBDIVISION, AS FULLY DESCRIBED HEREIN; PROPERTY LOCATED AT 1417-1425 AND 1501-1507 GLEASON PARKWAY; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Ordinance.
Planner Daltry stated this was a privately initiated request for a small scale future land use map amendment from multi-family residential (MF) to commercial/professional (CP) land use. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He mentioned if the amendment was adopted, staff suggested an office or low intensity usage appropriate for the subject property. He reviewed staff’s analysis and stated staff recommended approval. He noted one letter of opposition was received.
William Nolan, WPN & Associates, authorized representative, provided history on the background of this property. He stated he would request a return to P1 zoning and no request for C1.
Public Hearing opened.
No speakers.
Public Hearing closed.
Commissioner Ranfranz questioned the basis of the objection letter.
Planner Daltry stated the letter came from a property owner on Gleason Parkway concerned about intrusion of commercial development into the area.
Discussion was held regarding enhanced buffering especially to the waterfront if and when the property developed to the PDP process.
Commissioner Fluegel moved, seconded by Commissioner Read, to recommend approval of Ordinance 114-08.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, and McCord voted “aye.” Wolfe “abstained.” Six “ayes.” One “abstention.” Motion carried.
G. ORDINANCE 113-08*
ZA 08-00500017* - City of Cape Coral
Legal: All of Section 12, Township 43 South, Range 22 East extending to the Shore of Charlotte Harbor; and, the West ½ of Section 12, Township 43 South, Range 22 East extending to the shore of Charlotte Harbor; and, the West ½ of the NW ¼ of the NE ¼ of Section13, Township 43 South, Range 22 East; and the NE ¼ of the NW ¼ of the NE ¼ of Section 13, Township 43 South, Range 22 East; and, the S 830 feet of Section 1, Township 43 South, Range 22 East
Request: Rezoning from Residential Multi-family (R3) zoning and Residential Single-family (R1B) zoning to Preservation (PRES) 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 PARTS OF SECTIONS 1, 12 AND 13, TOWNSHIP 43 SOUTH, RANGE 22 EAST, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM MULTI-FAMILY RESIDENTIAL (R-3) TO PRESERVATION (PRES) ZONE; Property is located between charlotte harbor to the west, BURNT STORE MARINA to the north, old burnt store road and nw 44th place to the east and durden parkway west and caloosa parkway to the south; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Ordinance.
Planner Daltry stated this was a City-initiated rezoning request from multi-family residential (R-3) to preservation (PRES) consisting of five parcels, for a total of 784.77 acres. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He reviewed staff’s analysis and stated staff recommended approval. He noted one letter in opposition was received.
Public Hearing opened.
No speakers.
Public Hearing closed.
Discussion was held regarding possible development of passive recreation on this property,
Commissioner Fluegel left Council Chambers at 10:19 a.m. returning at 10:27 a.m.
Commissioner Martin moved, seconded by Commissioner Ranfranz, to recommend approval of Ordinance 113-08.
Commission polled as follows: Martin, Ranfranz, Read, Triscari, Wolfe, McCord, and Carlson voted “aye.” All “ayes.” Motion carried.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
ADJOURNS AND RECONVENES AS THE
BOARD OF ZONING ADJUSTMENT AND APPEALS
PUBLIC HEARING
A. RESOLUTION SE 7 - 2008* (continued from September 3, 2008)
SE 08-00400007* - Empic Corporation
Legal: Lots 1-5, Block 80, Unit 5
Address: 605 Cape Coral Parkway East
Request: Special Exception to Operate a Bar or Cocktail Lounge in the Downtown Edge (DE) zoning district
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.8, SPECIAL EXCEPTIONS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION TO OPERATE A BAR OR COCKTAIL LOUNGE USE ON REAL PROPERTY DESCRIBED AS LOTS 1 THROUGH 5, BLOCK 80, CAPE CORAL SUBDIVISION, UNIT 5, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGES 80 THROUGH 90, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; Property located AT 605 CAPE CORAL PARKWAY EAST; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner White stated the request was from the applicant, Cape Towers, Inc., formerly known as the Empic case. He advised the request was for a special exception to operate a bar/cocktail lounge in the Downtown Edge (DE) Zoning District. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He reviewed staff’s analysis and stated staff recommended approval with the condition that the special exception shall terminate after three years. He mentioned that on September 23, 2008 the Community Redevelopment Agency Board voted unanimously to recommend approval with the condition that the special exception shall terminate three years from the date of the certificate of occupancy. He noted no letters of correspondence were received.
Scott Hertz, Powell Construction, authorized representative, noted when staff presented this to the CRA, they commented they would change the recommendation from three years to four years with the understanding that a PDP would be required so that there would be three years of operating after obtaining the permit. He detailed some background on the previous tenant. He mentioned this would be coming back to the Commission as a PDP because of the number of issues involved.
Discussion was held regarding the Special Exception terminating three years after issuance of the Certificate of Occupancy.
Discussion was held concerning this open air type of establishment with a possible noise issue.
Discussion was held regarding encouragement to bring in more entertainment type businesses into the City.
CRA Director Jacobsen advised work was being done on a bar noise ordinance. He stated the CRA was looking into complaints about noises from the bars in the area. He noted the CRA supported this special exception request.
Public Hearing opened.
No speakers.
Public Hearing closed.
Discussion was held regarding the City’s conditions for Bike Night.
Discussion was held concerning the three year limit to see how this worked out.
Commissioner Martin stated the location was on the edge zoning district of the CRA closest to residential properties and this use type would be more appropriate in the core. She was concerned about the noise. She also noted the parking aspect of this application would serve to accommodate motorcycles and even though there have not been any problems with Bike Night which have been a success, she questioned if this was the image the City wanted to promote.
Discussion was held regarding the location for this use.
Discussion was held pertaining to a PDP coming back before the Board.
Commissioner Martin moved for denial of Resolution SE 7-2008. Motion died for lack of second.
Commissioner Fluegel moved, seconded by Commissioner Triscari, to approve Resolution SE 7-2008 subject to staff conditions to terminate this at three years from Certificate of Occupancy or four years from the adoption of this resolution whichever is less.
Commission polled as follows: Fluegel, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” Martin voted “nay.” Six “ayes.” One “nay.” Motion carried.
Recess at 11:00 a.m. – Reconvened at 11:12 a.m.
B. RESOLUTION SE 11-2008*
SE 08-00400012* - RaceTrac Store Support Center
Legal: Lots 9-25, Block 1498, Unit 17
Address: 314 Del Prado Boulevard North
Request: Special Exception in order to operate a self-service fuel pump station use in a Pedestrian Commercial (C1) 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 8.8, SPECIAL EXCEPTIONS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION TO OPERATE A SELF SERVICE FUEL PUMP STATION USE IN A PEDESTRIAN COMMERCIAL (C-1) ZONE ON REAL PROPERTY DESCRIBED AS CAPE CORAL UNIT 17, BLOCK 1498, LOTS 19-25 AND 9-18; Property located AT 314 DEL PRADO BOULEVARD NORTH; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner White stated the applicant was the RaceTrac Store Support Center. He advised that the request was for a special exception to operate a self service fuel pump station in the pedestrian commercial (C-1) zoning district. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He noted no correspondence was received. He reviewed staff’s analysis and stated staff recommended approval with the following conditions:
1. The applicant to provide a copy of the recorded cross access easement in order to provide access to Del Prado via the applicant’s proposed driveway prior to issuance of site plan approval. This to be submitted at the time of site plan review to the Planning and Growth Management, Engineering, Transportation, and Real Estate Divisions.
2. The applicant shall design the structures in accordance with the recently passed non-residential design standards (Ordinance 84-07).
3. The applicant is limited to the proposed 12 fueling stations shown on the provided plans.
Joe Mazurkiewicz, BJM Consulting, Inc., authorized representative, stated most of the applicant’s income was from the inside of the store and not the gas pumps. He mentioned it was an attractive building, meeting the new non-residential design standards. He advised they agreed with staff’s recommendations and conditions. He noted they were in the process with Lee County DOT for the limited development order and right of way permit.
Public Hearing opened.
No speakers.
Public Hearing closed.
Commissioner Fluegel questioned if the split face stone would be continued on the columns for the canopy over the gas pumps.
Consuelo Reagan, RaceTrac Petroleum representative, stated that they do a stack stone on the columns that was also on the bottom of the store.
Commissioner Fluegel suggested a cluster of about six sabal palms to accentuate the landscape on the corner of NE 3rd Street and Del Prado Boulevard.
Mr. Mazurkiewicz stated that was a sight triangle.
Discussion was held concerning getting some type of landscaping in the sight triangle.
Commissioner Fluegel suggested a cluster of maybe four trees at the main entrance off Del Prado Boulevard on the north side of the main entrance outside of the sight triangle.
Ms. Reagan stated they try to keep those corners open for visibility, and safety. She noted sometimes they would put smaller plants around the front to give it a more decorative corner versus blocking it with a tree. She stated they could look at different variety of plants in the front.
Mr. Mazurkiewicz stated they could plant in the sight triangle with items approved in the Code.
Commissioner McCord suggested the use of Alexander palms that have very large clear trunks and do not block the view. He stated not to use fire bush along the building which would grow to six feet tall and would have to be pruned. He noted it would also hide the great architectural detail on the building and suggested using a lower plant material, but did not oppose to using fire bush on the backside. He suggested a green buttonwood to be used for the plant material not abutting the building. He stated it would buffer the residential and give visualization of the continuation of the nearby ball park. He suggested using a little larger shrub along the dumpster enclosure.
Mr. Mazurkiewicz stated they would work with the applicant on the suggestions made. He noted the only issue would be those plants conflicting with the pole sign on the corner.
Commissioner Triscari asked what kind of business would be inside the building.
Ms. Reagan stated they cater to the morning and evening traffic offering convenience items such as coffee, sandwiches, etc.
Discussion was held regarding having tables outside.
Discussion was held regarding conforming to the colors shown in the rendering.
Discussion was held regarding following Commissioner McCord’s suggestions.
Commissioner Martin moved, seconded by Commissioner Read, to approve Resolution SE 11-2008 subject to staff conditions.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” All “ayes.” Motion carried.
C. RESOLUTION SE 12-2008*
SE 08-00400008* - T-Mobile
Legal: NE ¼ of Section 7, Township 44 South, Range 24 East
Address: 652 Del Prado Boulevard North
Request: Special Exception to operate a Tower, Communication Use in a Corridor (CORR) 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 8.8, SPECIAL EXCEPTIONS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION TO OPERATE A TOWER, COMMUNICATION USE IN A CORRIDOR (CORR) ZONE ON REAL PROPERTY DESCRIBED AS A PARCEL OF LAND LYING AND BEING IN THE NE ¼ OF SECTION 7, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED HEREIN; Property located AT 652 DEL PRADO BOULEVARD NORTH; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner Patterson stated the request was from the applicant, T-Mobile. He advised the request was for a special exception to allow a one hundred and twenty foot tall mono-pole communication tower with room for three transmission antennas in the Corridor (Corr) zoning district. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He noted no letters were received. He reviewed staff’s analysis and stated staff recommended approval subject to the following conditions:
Chris Lee, T-Mobile, authorized representative, stated there was a lack of wireless phone coverage available in the City, specifically along Pine Island Road. He noted the uses wireless phones provided in emergencies. He mentioned that limited wireless coverage, dropped calls, and busy signals were related to the lack of communication facilities, and that public demand and increased need for wireless phones had left existing communication facilities at or near capacity. He stated without additional wireless facilities, the lack of coverage and dropped calls would continue to occur. He summarized the proposed communication facility would have minimal aesthetic impact to the area through reduced tower height, an eight foot high masonry wall, landscaping, large existing trees at the rear of the property and existing buildings located to the north, east, and south of the proposed area. He stated the facility was compatible with the surrounding commercial uses and generated no additional traffic to the area.
Public Hearing opened.
No speakers.
Public Hearing closed.
Discussion was held concerning the distance from the tower site to the residential area.
Discussion was held regarding the radius for the service area around the tower.
Discussion was held pertaining to the search area being about ¼ to ½ mile wide.
Commissioner Martin commented on an article entitled “Cell Phone Trees” reporting on disguising communication towers into a variety of shapes of trees. She suggested that staff start thinking along these lines since it could become cost effective.
Mr. Lee stated the only drawback was they only allow you to install a special type of antenna inside the pole and did not provide a two mile radius that a normal communication would. He noted it added the need for more communication facilities. He mentioned the branches reduced the signal transmitted from the antennas.
Commissioner Read moved, seconded by Commissioner Fluegel, to approve Resolution SE 12-2008 with staff conditions.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” All “ayes.” Motion carried.
D. RESOLUTION VA 22 – 2008*
VA 08-00300017* - Dolgas
Legal: Lots 68-70, Block 602, Unit 21
Address: 1142 SE 32nd Street
Request: A 168 square foot variance from the maximum coverage under roof of 150 square feet to allow a 318 square foot sun shelter in a Residential Single-Family (R1B) 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 ONE HUNDRED SIXTY-EIGHT (168) SQUARE FEET FROM THE MAXIMUM COVERAGE UNDER ROOF OF ONE HUNDRED FIFTY (150) SQUARE FEET TO ALLOW A SUN SHELTER OF THREE HUNDRED EIGHTEEN (318) SQUARE FEET IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 68, 69 AND 70, BLOCK 602, CAPE CORAL, UNIT 21; Property is located at 1142 SE 32ND STREET; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner Patterson stated the applicants were Richard and Sandra Dolgas. He advised the request was for a variance of 168 square feet to allow a sun shelter with an area of 381 square feet where the limit was 150 square feet. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He stated staff received an anonymous complaint on May 29, 2008 that a sun shelter had been built at the subject property without a building permit and that the property was cited. He stated a letter was received from a Seminole Indian that they had constructed the sun shelter, and research with Building Department staff revealed that sun shelters (chickees) built by Seminole Indians did not require a Building Permit, however, they were required to meet all zoning codes. He reviewed staff’s analysis and stated staff recommended denial. He noted that 17 surrounding property owners and residents signed a petition in favor of granting this deviation.
Sandra Dolgas, applicant, stated her husband was also available for questions. She stated when they were told the shelter was too big; the builder commented he never had a problem before. She displayed pictures of the sun shelter and detailed the property measurements. She explained that she and her husband enjoyed being outdoors in the sun shelter.
Public Hearing opened.
No speakers.
Public Hearing closed.
Discussion was held regarding the total area of the dock warranted a larger structure.
Discussion was held pertaining to site visits from the City on structures of this type.
Discussion was held concerning how these structures were evaluated for soundness before a building permit was obtained.
Commissioner Ranfranz moved, seconded by Commissioner Martin, to approve Resolution VA 22-2008.
Commission polled as follows: Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe, and McCord voted “aye.” All “ayes.” Motion carried.
Commissioner Fluegel left the meeting at 12:20 p.m.
E. RESOLUTION DE 2 – 2008*
DE 08-01200001* - DeStefano
Legal: Lots 11-12, Block 72, Unit 6, Part 3
Address: 1441 Viking Court
Request: 5’ deviation from the maximum 15’ projection allowance to permit a dock projecting 20’ from the water-frontage line into a 60’ wide canal; and a deviation of 15’3” from the 40’ minimum navigable center width requirement to allow a navigable area in the center of the canal of 24’9” in width in a Residential Single-Family (R1B) zone
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE III, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATION OF FIVE (5) FEET FROM THE MAXIMUM PROJECTION ALLOWANCE OF FIFTEEN (15) FEET TO PERMIT A DOCK PROJECTING TWENTY (20) FEET FROM THE WATERFRONTAGE LINE INTO A SIXTY (60) FOOT WIDE CANAL; AND A DEVIATION OF FIFTEEN (15) FEET THREE (3) INCHES FROM THE MINIMUM NAVIGABLE CENTER WIDTH REQUIREMENT OF FORTY (40) FEET TO ALLOW A NAVIGABLE AREA IN THE CENTER OF THE CANAL TWENTY-FOUR (24) FEET NINE (9) INCHES IN WIDTH IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 11 AND 12, BLOCK 72, UNIT 6 PART 3, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 1441 VIKING COURT; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner Patterson stated this deviation request was from the applicants, Mark and Lisa DeStefano. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He stated although the deviation occupied a large area of the navigable center area of the waterway, staff found that due to the dock’s location near the terminus of a dead end canal and minimal boat traffic, the deviation would not have a significant impact on the utility or safety of the waterway. He reviewed staff’s analysis and stated staff recommended approval of the request. He noted three letters of support regarding this petition had been received from the property owners directly to the west, east, and north, and one letter was received questioning the calculations of the deviation request and maneuverability of their boat.
Richard Alan Moreau, authorized representative, stated that the canal was made for small boats since it was shallow and a dead end. He noted docks were small and the propellers of the boats were pushed close to the shallow side of the canal near the concrete seawalls. He advised that his client needed the extra room.
Public Hearing opened.
No speakers.
Public Hearing closed.
Discussion was held regarding the width of the canal.
Commissioner Read moved, seconded by Commissioner Triscari, to approve Resolution DE 2-2008.
Commission polled as follows: Martin, Ranfranz, Read, Triscari, Wolfe, McCord and Carlson voted “aye.” All “ayes.” Motion carried.
F. RESOLUTION DE 3 – 2008*
DE 08-01200002* - Klockow
Legal: Lots 50-51, Block 71, Unit 6, Part 3
Address: 1452 Venetian Court
Request: 4’6” deviation from the maximum 15’6” projection allowance to permit a dock projecting 20’ from the water-frontage line into a 62’ wide canal; and a deviation of 3’ from the 40’ minimum navigable center width requirement of 40’ to allow a navigable area in the center of the canal 37’ in width in a Residential Single-Family (R1B) zone
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE III, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATION OF FOUR (4) FEET SIX (6) INCHES FROM THE MAXIMUM PROJECTION ALLOWANCE OF FIFTEEN (15) FEET SIX (6) INCHES TO PERMIT A DOCK PROJECTING TWENTY (20) FEET FROM THE WATERFRONTAGE LINE INTO A SIXTY-TWO (62) FOOT WIDE CANAL; AND A DEVIATION OF THREE (3) FEET FROM THE MINIMUM NAVIGABLE CENTER WIDTH REQUIREMENT OF FORTY (40) FEET TO ALLOW A NAVIGABLE AREA IN THE CENTER OF THE CANAL THIRTY-SEVEN (37) FEET IN WIDTH IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 50 AND 51, BLOCK 71, UNIT 6 PART 3, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 1452 VENETIAN COURT; PROVIDING AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Resolution.
Planner Patterson stated this deviation request was from the applicants, John and Deanna Klockow, Trustees under the Klockow living trust dated August 23, 1999. He stated per the applicants’ letter, the proposed dock and boatlift was needed to better serve the applicants’ boat and without this deviation, utilization of the proposed dock and boatlift would be difficult due to the shallow nature of the canal and lack of dredging potential due to seawall penetration. He described the subject property, surrounding area on the proximity map and displayed aerial photographs. He reviewed staff’s analysis and stated staff recommended approval. He noted three letters of support had been received from the property owners to the east, west, and directly across the subject property.
Richard Alan Moreau, Aquamarine Construction, authorized representative, stated his client was in a similar situation as the previous one heard today.
Public Hearing opened.
No speakers.
Public Hearing closed.
Commissioner Read moved, seconded by Commissioner Ranfranz, to approve Resolution DE 3-2008.
Commission polled as follows: Martin, Ranfranz, Read, Triscari, Wolfe, Carlson, and McCord voted “aye.” All “ayes.” Motion carried.
BOARD OF ZONING ADJUSTMENT AND APPEALS
ADJOURNS AND RECONVENES AS THE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
PUBLIC HEARING
A. ORDINANCE 119-08
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE V, SUPPLEMENTARY DEVELOPMENT REGULATIONS, SECTION 5.2, LANDSCAPING, BY AMENDING SUBSECTION .3B(2) TO PROVIDE FOR REGULATIONS IN OTHER AREAS OF THE CODE OF ORDINANCES; TO AMEND SUBSECTION .8A, TO ALLOW TREES TO BE PLANTED WITHIN CITY RIGHTS-OF-WAY GIVING CONSIDERATION TO POWER LINE LOCATION, FEET OF EXISTING OVERHEAD POWER LINES AND TO ESTABLISH SUB-SUBSECTION G TO PROHIBIT ANY PLANTINGS THAT ARE USED TO SATISFY THE REQUIRED MINIMUM LANDSCAPE REQUIREMENTS FROM BEING PLANTED IN ANY PUBLIC UTILITY OR DRAINAGE EASEMENT ON THE SITE; AMENDING SECTION 5.3, PLANTING IN MEDIANS, CUL-DE-SAC ISLANDS ON CITY OWNED PROPERTY, AND LATERAL RIGHT-OF-WAY PLANTING, BY AMENDING SUBSECTION C(2) TO REMOVE THE PROHIBITION OF TYPES OF TREES ALLOWED OTHER THAN THOSE NAMED; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
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Assistant City Attorney Bartos read the title of the Ordinance.
Development Management Team Coordinator Lettiere stated the amendment language came from the City Attorney’s Office. He referred to the Ordinance dated 9/25/08, as well as the amended version given to the Commission this morning dated 9/29/08. He stated the change in both was in Section 5.2.8, page two, of the original Ordinance, Section G, stating that no shrubs, palm trees, or other trees being used to satisfy the minimum landscaping requirements shall be planted in any public utility or drainage easement. He noted that was deleted from the version currently proposed. He commented on the lateral right of way swale planting from the edge of the pavement to the property line and that the proposal was to have sod only and no ground cover, trees, or shrubs in lieu of sod except as otherwise provided by the Ordinance. He mentioned there was a list of recommended trees and shrubs in the City owned lateral right of way on the side of the street with electric poles and/or lines, as well as the stricken part referring to the trees or shrubs prohibited. He stated another major point was the overhead power line planting language contained on page two. He noted the additional language stated that trees should be planted with due consideration to avoid overhead power lines whether planted within the property lines or in the right of way adjacent to the property. He stated trees considered by the local power company to be interfering with power lines may be trimmed by them or the City of Cape Coral, but it was ultimately the financial responsibility of the property owner to maintain their trees so as to not cause damage to public infrastructure including but not limited to power lines, poles, sidewalks, water, sewer, irrigation lines, and roads. No correspondence was received.
Public Hearing opened.
Diana Gilman, Supervisor of Vegetation Management, Lee County Electric Cooperative (LCEC), displayed a power point presentation on the “Right Tree, Right Place” program. She asked the Commission to consider this when looking at the changes suggested in the Ordinance. She stated that LCEC was committed to providing safe and reliable electric service, and their belief was that the right tree in the right place would eliminate potential safety hazards and ensure reliability for their customers.
Discussion was held regarding the time cycle on pruning trees.
Public Hearing closed.
Commissioner McCord was not in favor of removing Section G. He stated he had a problem having the required plant material removed which would take away the buffering capacities. He could not support this since it would not be beneficial to the City’s appearance to have older trees ripped out for work being done and replaced with younger smaller trees.
Commissioner Triscari moved, seconded by Commissioner Read, to recommend approval of Ordinance 119-08.
Commission polled as follows: Martin, Ranfranz, Read, Triscari, and Wolfe voted “aye.” McCord voted “nay.” Five “ayes.” One “nay.” Motion carried.
RETENTION POND ORDINANCE REVIEW
Planner Daltry detailed the draft of the Retention Pond Ordinance and wanted feedback from the Commission as to what direction to take. He presented the conceptual format and advised staff was a couple of months away from asking for the Commission’s recommendation. He reported on the purpose and intent of the stormwater management enhancement, and water management. He addressed the mandatory regulations.
Commissioner Carlson questioned options for a wet area, of an acre or more, where there could be a walkway around it, a pavilion, or a shaded patio. He stated this would create a public space on private property and questioned the liability of the property owner. He commented on the restrictions on hours of operation. He stated he supported this.
Assistant City Attorney Bartos stated he did not know if there was any more liability than already, but would depend on what the exact requirements were.
Discussion was held regarding adding this enhancement to shopping areas to make them more desirable.
Commissioner McCord commented on putting in an aerator. He stated no water quality issues were addressed. He addressed dry retention and if planting was done every 400 square feet, tree requirements were reduced.
Commissioner Martin stated she would like to see the following included in the next draft of the Ordinance: non-deciduous shade trees, and no fences. She recommended eliminating the hours of visitation because of enforcement issues. She urged staff to get it passed before the end of the year.
DCD Deputy Director Burns requested permission from the Board to allow staff to coordinate with the Recording Secretary and the Chair to schedule a Special Workshop before the end of the month to prioritize current initiatives totaling about 60 items outside the normal caseload. Chair Wolfe asked each member if anyone had an objection, and all were in favor of having a special meeting.
PLANNING & ZONING UPDATE
OTHER BUSINESS
None.
DATE AND TIME OF NEXT MEETING
The next regular meeting was scheduled for Wednesday, November 5, 2008, in Council Chambers at 9:00 a.m.
ADJOURNMENT
There being no further business, the meeting adjourned at 1:10 p.m.
Sincerely yours,
Bonnie J. Potter, MMC
City Clerk