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Mayor/Council Members James Burch, Mayor Gloria Tate, District 1 Peter Brandt, District 2 William Deile, District 3 Dolores Bertolini, District 4 Eric Grill, District 5 Timothy Day, District 6 Derrick Donnell, Ed.D. District 7
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1015 Cultural Park Blvd. Cape Coral, FL |
City Manager Terrance Stewart City Attorney Dolores Menendez City Auditor Dona Newman City Clerk Bonnie Potter
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AGENDA FOR THE SPECIAL MEETING OF THE CAPE CORAL CITY COUNCIL
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Thursday, October 01, 2009 |
5:05 PM |
Council Chambers |
In accordance with the Americans with Disabilities Act and Section of 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of the meeting.
Persons wishing to address Council under Citizens Input are asked to fill out a Citizens Input Form. Persons wishing to speak regarding a Consent Item are asked to fill out a Consent Input Form. These forms are available on the internet at http://www.capecoral.net or on the dais in Council Chambers prior to the start of the Council meeting.
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Pledge of Allegiance to the Flag of the United States of America |
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ROLL CALL: Mayor Burch, Council Members Bertolini, Brandt,Day, Deile, Donnell, Grill and Tate. |
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A. |
PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES: |
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1) |
ORDINANCE 18-09 - APPROVED AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN; BY AMENDING THE FUTURE LAND USE ELEMENT INCLUDING AMENDING THE COMMERCIAL SITING GUIDELINES, AND THE COMMERCIAL/PROFESSIONAL AND MIXED USE PRESERVE LAND USE CLASSIFICATIONS, ESTABLISHING THE BURNT STORE NORTH SUBDISTRICT, AND ESTABLISHING THE OPEN SPACE LAND USE CLASSIFICATION AND THE DOWNTOWN TRANSPORTATION CONCURRENCY EXCEPTION AREA; BY AMENDING THE CAPITAL IMPROVEMENT ELEMENT, FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS; BY AMENDING THE CAPITAL IMPROVEMENT ELEMENT, INFRASTRUCTURE ELEMENT, AND PUBLIC SCHOOL FACILITIES ELEMENT TO BE CONSISTENT WITH THE AMENDMENT TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT WHICH PROVIDES LIMITATIONS ON ANY INCREASED DENSITY AND THE LOCATION OF PUBLIC FACILITIES IN THE COASTAL HIGH HAZARD AREA; BY AMENDING THE INFRASTRUCTURE ELEMENT TO ADOPT A REVISED WATER SUPPLY FACILITIES WORK PLAN; BY AMENDING THE CAPITAL IMPROVEMENT ELEMENT AND THE TRANSPORTATION ELEMENT TO PROVIDE PROVISIONS FOR THE NEW TRANSPORTATION CONCURRENCY EXCEPTION AREA; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. |
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SPONSOR: Councilmember Day |
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ACTION REQUESTED: Final Public Hearing |
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WHAT THE ORDINANCE ACCOMPLISHES: Amendment of the Comprehensive Plan Future Land Use Element, Capital Improvement Element, Conservation and Coastal Management Element, Infrastructure Element, Public School Facilities Element, and Transportation Element. The major changes include establishing an Open Space future land use classification, amendments to the Mixed Use Preserve and Commercial Professional classifications, establishing new Commercial Siting guidelines, establishing the Transportation Concurrency Exception Area in the Downtown CRA, and amendments concerning the Coastal High Hazard Area. |
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ORDINANCE 19-09 - APPROVED AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM OPEN LANDS/WETLANDS (A COUNTY DESIGNATION) TO MIXED USE PRESERVE, CLASS IV, TYPE D LAND USE AND MIXED USE PRESERVE CONSERVATION LAND USE FOR A PARCEL OF LAND BEING A PART OF SECTION 5, TOWNSHIP 43 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM OPEN LANDS/WETLANDS (A COUNTY DESIGNATION) TO MIXED USE PRESERVE, CLASS IV, TYPE D LAND USE FOR A PARCEL OF LAND BEING THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 43 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM OPEN LANDS/WETLANDS (A COUNTY DESIGNATION) TO MIXED USE PRESERVE, CLASS III, TYPE D LAND USE AND MIXED USE PRESERVE CONSERVATION LAND USE FOR A TRACT OR PARCEL OF LAND BEING SECTION 7, TOWNSHIP 43 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY IS PARTIALLY BOUNDED ON THE EAST BY N. TAMIAMI TRAIL, AND ON THE SOUTH BY DURDEN PARKWAY; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
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SPONSOR: Councilmember Day |
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ACTION REQUESTED: Final Public Hearing |
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WHAT THE ORDINANCE ACCOMPLISHES: The land use map amendment is a large scale amendment for property that is partially bounded by N. Tamiami Trail on the east and by Durden Parkway on the south. The land use amendment requested is to provide land use designations for property previously annexed into the City. The parcels currently have a county land use designation of Open Lands/Wetlands and will be amended to the City designations of Mixed Use Preserve, Class IV, Type D; Mixed Use Preserve Conservation; Mixed Use Preserve, Class III, Type D; and Mixed Use Preserve, Class II, Type D. |
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ORDINANCE 21-09 - APPROVED AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM OPEN LANDS/WETLANDS (A COUNTY DESIGNATION) TO NATURAL RESOURCES/PRESERVATION (PR), COMMERCIAL ACTIVITY CENTER (CAC), COMMERCIAL/PROFESSIONAL (CP), OPEN SPACE (OS), AND LOW DENSITY RESIDENTIAL I (LDR1) LAND USE DESIGNATIONS. AND DESIGNATING THE PARCELS AS IN THE URBAN SERVICES RESERVE AREA; FOR PROPERTY DESCRIBED AS PARCELS OF LAND LOCATED IN SECTION 20, TOWNSHIP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS A THROUGH M ATTACHED; ESTABLISHING THE BURNT STORE NORTH SUBDISTRICT ON THE PARCEL DESCRIBED IN EXHIBIT N ATTACHED; PROPERTY IS LOCATED AT 3501 BURNT STORE ROAD AND THE INTERIOR PARCEL TO THE EAST; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
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SPONSOR: Councilmember Day |
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ACTION REQUESTED: Final Public Hearing |
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WHAT THE ORDINANCE ACCOMPLISHES: The land use map amendment is a large scale amendment for property located on Burnt Store Road and an adjacent parcel to the east. The land use amendment requested is to provide land use designations for property previously annexed into the City. The parcels currently have a county land use designation and will be amended to the City designations of Natural Resources/Preservation, Commercial Activity Center, Commercial/Professional, Open Space, and Low Density Residential |
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ORDINANCE 22-09 - APPROVED AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP TO MAP THE DOWNTOWN TRANSPORTATION CONCURRENCY EXCEPTION AREA LAND USE DESIGNATION OVER THE EXISTING LAND USE CLASSIFICATIONS FOR PROPERTY DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE CITY OF CAPE CORAL, FLORIDA, AS FULLY DESCRIBED HEREIN; SAID PROPERTY IS WITHIN THE BOUNDARIES OF THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
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SPONSOR: Councilmember Tate |
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ACTION REQUESTED: Final Public Hearing |
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WHAT THE ORDINANCE ACCOMPLISHES: The land use map amendment is a large scale amendment that maps the Downtown Transportation Concurrency Exception Area over the existing land uses on all property within the boundaries of the Downtown Community Redevelopment Area. |
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Motion to Adjourn – MEETING WAS ADJOURNED AT 5:31 P.M. |
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Time and Place of Next Meeting:
The Next City Council Workshop Meeting is Scheduled for Monday, October 5, 2009 in Council Chambers at 4:30 PM. |
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.
Generated 10/02/2009 8:01 AM
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 98, Comcast 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.