Planning Division Case Report VP 17-0008

Review Date: October 31, 2017 Owner/Applicant: Lifes A Vacation, LLC. Requests: The applicant requests to vacate:

1. 3,515.3 sq. ft. of platted alley right-of-way on Mikado Court. 2. 535.8 sq. ft. of public utility and drainage easements associated with Block 31, Lots 29, 30, and 31. 3. 535.8 sq. ft. of public utility and drainage easements associated with Block 31, Lot 32.

Location: 5352 Mikado Court Prepared By: Justin Heller, Planner Reviewed By: Mike Struve, AICP, Planning Team Coordinator Approved By: Robert Pederson, AICP, Planning Manager

Recommendation: Approval Urban Service Infill Property Description: The 19,828 sq. ft. waterfront site is in southeastern Cape Coral at the western end of Mikado Court. The property is on a dead-end street which gives the site an irregular shape. The property has a Single-Family Future Land Use Classification and Single-Family Residential (R-1B) Zoning. All sites within 500 feet of this property have the same future land use and zoning designations. Project Description: The applicant seeks to vacate a portion of a platted street right-of-way. The intent of the vacation is to provide a larger and more uniform site upon which a new single-family dwelling can be constructed. Analysis: Staff analyzed this request with the standards in LUDR, Section 8.11, “Vacation of plats, rights-of-way and other property.”

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The applicant and neighboring property to the north (5346 Mikado Court) will expand their respective sites by similar areas if this vacation is granted. The land gained by the applicant from this vacation, along with a more uniform site configuration, should provide greater flexibility in redeveloping this site. The vacation will marginally increase the tax base by adding about 3,515 sq. ft. of residential property between the two sites to the tax roll. Century Link, Comcast, and LCEC lack facilities in the ROW and easements and provided letters of no objection. LCEC does require a continuous perimeter easement around each site that will be provided by each property owner. A 15-foot wide easement centered on the property line that separates 5346 and 5352 Mikado Court will be required by the City. This easement is necessary to protect a new stormwater pipe and inlet that will be installed along this property line. This easement will also serve to provide a continuous easement around each site. The vacated right-of-way is not required to meet or fulfill any current or forseeable public use. As such, approval of this request will not be harmful to the community. This request is consistent with the public interest by providing greater flexibility in redeveloping this site and adding a small amount of property to the ad valorem tax rolls. Comprehensive Plan: The City lacks specific policies in the Comprehensive Plan for vacations involving residential-zoned lands. This request is consistent with Policy 1.15 of the Future Land Use Element.

Policy 1.15: Land development regulations adopted to implement this comprehensive plan will be based on, and will be consistent with, the standards for uses and densities/intensities as described in the following future land use classifications. In no case shall maximum densities allowable by the following classifications conflict with Policy 4.3.3 of the Conservation and Coastal Management Element regulating density of development within the Coastal High Hazard Area.

a. Single Family Residential: Sites of 10,000 square feet and greater, with densities not to exceed 4.4 units per acre.

Staff comment: This request is consistent with Policy 1.15.a as the site is 19,828 sq. ft. and the property will be redeveloped with one single-family home. Recommendation:

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Based on the above analysis, staff recommends approval with the following conditions. Conditions of Approval

1. The right-of-way and easements to be vacated shall be consistent with the sketch and

legal descriptions provided by Davis Surveying, Inc., as shown in Exhibits “A“ & “B,” respectively.

2. Within 60 days from the date of adoption of this vacation, the applicant shall deed to the City, the new 7.5-foot wide public utility and drainage easements around the expanded perimeter of the sites as shown in Exhibit “C”. This easement deed shall be approved by the City prior to execution.

3. This resolution shall be recorded with the Office of the Lee County Clerk of Court by the City of Cape Coral. This resolution shall not be effectuated until the applicant provides the City with an easement deed as described in Condition #2, and reimburses the Department of Community Development for all recording fees associated with this resolution.

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Exhibit A

Vacation of ROW

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Exhibit B Vacation of PUE’s

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Exhibit C New PUE’s

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Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: planningquestions@capecoral.net

NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: VP17-0008

REQUEST: The applicant is requesting the following: 1. 3,515.3 sq. ft. of platted alley right-of-way on Mikado Court.

2. 535.8 sq. ft. of public utility and drainage easements associated with Block 31, Lots 29, 30, and 31. 3. 535.8 sq. ft. of public utility and drainage easements associated with Block 31, Lot 32.

LOCATION: 5352 Mikado Court

CAPE CORAL STAFF CONTACT: Justin Heller, Planner, 239-574-0587, jheller@capecoral.net PROPERTY OWNER(S): Lifes A Vacation, LLC

AUTHORIZED REPRESENTATIVE: Brian Haag

UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 A.M. on Tuesday, December 5th, 2017 on the above mentioned case. The public hearing will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, FL.

All interested parties are invited to appear and be heard. All materials presented before the Hearing Examiner will become a permanent part of the record. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. Copies of the staff report will be available 5 days prior to the hearing. The file can be reviewed at the Cape Coral Community Development Department, Planning Division, 1015 Cultural Park Blvd., Cape Coral, FL.

After Hearing Examiner has made a written recommendation, the case will be scheduled for a public hearing before the City Council who will review the recommendation and make a final decision. You will receive another public hearing notice when this case is scheduled for a City Council hearing.

DETAILED INFORMATION: The case report and colored maps for this application are available at the City of Cape Coral website, www.capecoral.net/publichearing (Click on ‘Public Hearing Information’, use the case number referenced above to access the information); or, at the Planning Division counter at City Hall, between the hours of 7:30 AM and 4:30 PM. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice.

HOW TO CONTACT: Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P.O. Box 150027, Cape Coral, FL 33915-0027. The hearings may be continued from time to time as necessary.

ADA PROVISIONS: 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.

Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: planningquestions@capecoral.net

APPEALS: If a person decides to appeal any decision made by the Hearing Examiner 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.

LAFAYETTE CANAL

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CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

Case No. VP17-0008

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This map is not a survey and should not be used in placeof a survey. While every effort is made to accurately

depict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liable

for incidents that may occur. Please contact the Departmentof Community Development with any questions regarding this

map product.

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SUBJECT PARCEL

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CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

CURRENT ZONING MAP500' Proximity BufferCase No. VP17-0008

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This map is not a survey and should not be used in placeof a survey. While every effort is made to accurately

depict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liable

for incidents that may occur. Please contact the Departmentof Community Development with any questions regarding this

map product.

SEPTEMBER 15TH, 2017

SUBJECT PARCEL

LEGEND500' Proximity BoundarySubject Parcel

ZoningR-1B

500' PROXIMITY BOUNDARY

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