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 Chairperson Martin Vice Chairman Triscari Commissioner Carlson Commissioner Forgey Commissioner Ranfranz Commissioner Read Commissioner Roman Alternate Commissioner Tee Alternate Commissioner Streder City Manager John Szerlag City Attorney Dolores Menendez Assistant City Attorney Brian Bartos City Auditor Margaret Krym City Clerk Rebecca vandeutekom AGENDA Wednesday, June 06, 2012 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: Carlson, Forgey, Martin, Ranfranz, Read, Roman, and Triscari. Alternates: Streder and Tee. 5. APPROVAL OF MINUTES - May 2, 2012 6. SWEARING IN OF WITNESSES, STAFF, ETC. 7. BUSINESS 8. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING
A Resolution PDP 3-2012 - CONTINUED FROM MAY 2, 2012 MEETING PDP 08-00800008 Sponsor: Councilmember McGrail REQUESTED ACTION: Approve or Deny DEVELOPMENT REGULATIONS, ARTICLE IV, LAND DEVELOPMENT REGULATIONS, SECTION 4.2, PLANNED DEVELOPMENT PROJECT PROCEDURE, APPROVING AN AMENDMENT TO A PLANNED DEVELOPMENT PROJECT ENTITLED "BURNT STORE CENTRE" FOR CERTAIN PROPERTY DESCRIBED AS ALL OF BLOCK 4192A, CAPE CORAL UNIT 59, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 714 BURNT STORE ROAD NORTH; GRANTING EXPANSION OF A SPECIAL EXCEPTION OF AN AUTOMOTIVE SERVICE ESTABLISHMENT (CAR WASH), GRANTING A SPECIAL EXCEPTION FOR A RENTAL ESTABLISHMENT, GROUP III; GRANTING A DEVIATION OF TWO FEET IN HEIGHT TO ALLOW A WALL EIGHT FEET IN HEIGHT; 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. 9. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ADJOURNS AND RECONVENES AS THE BOARD OF ZONING ADJUSTMENT AND APPEALS PUBLIC HEARING A Resolution DE 4-2012 DE 12-0003 Sponsor: Councilmember McClain REQUESTED ACTION: Approve or Deny DEVELOPMENT REGULATIONS, ARTICLE III, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATION OF TWO AND SIX-TENTHS (2.6) FEET FROM THE MINIMUM SIDE SETBACK REQUIREMENT OF FIVE (5) FEET FOR DAVIT INSTALLATION TO ALLOW A DAVIT TO REMAIN TWO AND
FOUR-TENTHS (2.4) FEET FROM THE SIDE PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 130, UNIT 5, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 5238 SARASOTA COURT; PROVIDING AN EFFECTIVE DATE. B Resolution DE 5-2012 DE 12-0004 Sponsor: Councilmember McGrail REQUESTED ACTION: Approve or Deny DEVELOPMENT REGULATIONS, ARTICLE III, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATION FROM THE LIMITATION THAT NO MORE THAN ONE (1) BOAT CANOPY SHALL BE LOCATED ON A MARINE IMPROVEMENT THAT PROJECTS FROM A SINGLE-FAMILY RESIDENTIAL USE TO PERMIT TWO (2) BOAT CANOPIES IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 32 AND 33, BLOCK 5163, UNIT 83, CAPE CORAL SUBDIVISION; PROPERTY IS LOCATED AT 4312 NW 27TH STREET; 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 15-12 SPONSOR: Councilmember McClain REQUESTED ACTION: Approve or Deny WHAT THE ORDINANCE ACCOMPLISHES: AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS AS THEY RELATE TO DEVELOPMENT IN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA, INCLUDING AMENDING ARTICLE II, DISTRICT REGULATIONS, TO REPEAL THE THREE DOWNTOWN ZONING DISTRICTS AND REPLACE WITH THE SOUTH CAPE DOWNTOWN ZONING DISTRICT; AMENDING REFERENCES TO THE DOWNTOWN ZONING DISTRICT IN CHAPTER 9 OF THE CODE OF ORDINANCES, AND ARTICLE II, DISTRICT REGULATIONS, ARTICLE III, SUPPLEMENTARY DISTRICT REGULATIONS, ARTICLE IV, PLANNED DEVELOPMENT PROJECT PROCEDURE, ARTICLE V, OFF-STREET PARKING AND CIRCULATION
FACILITIES, ARTICLE VII, SIGNS, AND ARTICLE XI, DEFINITIONS OF THE LAND USE AND DEVELOPMENT REGULATIONS TO PROVIDE CONSISTENCY IN THE REGULATIONS WITH THE NEW SOUTH CAPE DOWNTOWN ZONING DISTRICT; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. 11. PLANNING AND ZONING UPDATE 12. OTHER BUSINESS A Discussion on the Evaluation and Appraisal Report (EAR) of the City of Cape Coral Comprehensive Plan 13. DATE AND TIME OF NEXT MEETING: The next regular meeting is scheduled for Wednesday, July 11, 2012, at 9:00 a.m. in Council Chambers. 14. 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, 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. 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. 4. 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. 6. 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. 4. After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement. Generated 05/24/2012 4:31 PM