Cape Coral Regular Planning & Zoning Commission/Local Planning

 Agency Board of Zoning Adjustment & Appeals

1015 Cultural Park Boulevard

Cape Coral, FL  33990

www.capecoral.net

 

Members

Chairman Wolfe

Vice Chairman Triscari

Commissioner Cristaldi

Commissioner Fluegel

Commissioner Martin

Commissioner Ranfranz

Commissioner Read

Alternate Commissioner Carlson

Alternate Commissioner McCord

 

City Manager

Terrance Stewart

City Attorney

Dolores Menendez

Assistant City Attorney

Brian Bartos

City Clerk

Bonnie Potter

 

 

AGENDA

Wednesday, October 01, 2008

9:00 AM

Council Chambers

 

 

1.

CALL TO ORDER

 

2.

MOMENT OF SILENCE

 

3.

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

 

4.

ROLL CALL

 

A.

Cristaldi, Fluegel, Martin, Ranfranz, Read, Triscari, Wolfe
Alternates: Carlson and McCord

 

5.

APPROVAL OF MINUTES

 

.

September 3, 2008

 

6.

SWEARING IN OF WITNESSES, STAFF, ETC.

 

7.

BUSINESS

 

8.

PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING

 

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.

 

B.

ORDINANCE 115-08*

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

9.

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

10.

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.

 

11.

RETENTION POND ORDINANCE REVIEW

 

12.

ACTION REGISTER REVIEW

 

13.

PLANNING AND ZONING UPDATE

 

14.

OTHER BUSINESS

 

15.

DATE AND TIME OF NEXT MEETING

 

A.

The next regular meeting was scheduled for Wednesday, November 5, 2008, in Council Chambers at 9:00 a.m. 

 

16.

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 Statutes, 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 1-941-574-0530 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.
  2. 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.
  3. 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.

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

 

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