Wyatt Daltry, AICP, Comprehensive Planning Team Coordinator

Transcription

1 Planning Division Staff Report LU Review Date: February 17, 2016 Prepared By: Review Approval: Applicant Property Owner: Owner Address: Authorized Representative/ Applicant: Request: Recommendation: Location: Wyatt Daltry, AICP, Comprehensive Planning Team Coordinator Amy L. Yearsley, Acting Planning Manager RTS of Cape Coral, Inc Abington Cambs Drive Lake Forest, IL RTS of Cape Coral, Inc Abington Cambs Drive Lake Forest, IL Annette Barbaccia AMB Planning Consultants P.O. Box 3495 North Fort Myers, FL The applicant is requesting a small-scale future land use map amendment for two properties comprising 1.29 acres from Single Family Residential (SF) to the Multi- Family Residential (MF) future land use map classification. Approval Southwestern Cape Coral, south of Cape Coral Parkway Unit 69, Block 4631, Lots Cape Coral Subdivision *Only Lots are proposed to be amended to MF 5104 Chiquita Boulevard (a portion) Cape Coral, FL SW 16 th Place Cape Coral, FL 33914

2 February 17, 2016 LU Page 2 STRAP Numbers: Site Area: C A C ,318 square feet 2.81 acres, more or less *Only 56,295 square feet (1.29 acres) is proposed to be amended to MF Current Zoning: Residential Development (RD) (Lots 15-25) Multi-Family Residential (R-3) (Lots 26-38) Surrounding Zoning: North: Residential Development (RD) (across street) South: Residential Development (RD) and Multi-Family Residential (R-3) East: Single Family Residential (R-1B) (across street) West: Residential Development (RD) (across street) Current Future Land Use: Single Family Residential (SF) (Lots 15-25) Multi-Family Residential (MF) (Lots 26-38) Surrounding Land Use: Urban Service Area: City Water: City Sewer: Type of Access Road: North: Multi-Family Residential (MF) (across street) South: Single Family Residential (SF) and Multi-Family Residential (MF) East: Single Family Residential (SF) (across street) West: Single Family Residential (SF) (across street) Infill Yes Yes Chiquita Boulevard, a collector road Site Visit: April 10, 2015 Soil Type: Matlacha gravelly fine sand (Soil Type 69)

3 February 17, 2016 LU Page 3 Soil Limitations for Development: Soil Type 69 Dwellings without basements Limitations Small commercial buildings Matlacha gravelly fine sand Moderate (wetness) Moderate (wetness) The soil in the area presents moderate limitations for dwellings and small commercial buildings. These severe limitations are typically overcome by using various engineering solutions, such as importing fill. The soil type, therefore, may not present an obstacle to any proposed amendment. However, special feasibility studies may be required at the development stage of the property. Drainage: Natural Resources: Flora & Fauna Habitat: Must comply with South Florida Water Management District and the City of Cape Coral Engineering Design Standards. The site consists of undeveloped vacant land. The hydrology of the property due to soil types is considered non-hydric. Prior to any permit for development being issued, an environmental survey must be undertaken, and mitigation performed to minimize the impacts of development, if any, on the protected species habitat. Property Description: The site consists of two undeveloped contiguous parcels totaling 122,318 square feet of land area, or approximately 2.81 acres, which is located in Southwestern Cape Coral. The portion of the subject area with frontage on SW 16 th Place has a Single Family Residential (SF) future land use map classification, and is the area proposed to be amended to Multi-Family Residential (MF). The properties with frontage on Chiquita Boulevard have the MF future land use, and are not affected by the request. Background The subject properties are located on Chiquita Boulevard, south of the Camelot Isles Shopping Center. Both subject properties are vacant. One of the parcels is a standard, two-lot Cape Coral subdivision building parcel with frontage on SW 16 th Place and a SF future land use, while the other parcel is an assemblage of 22 lots, which consists of 2.58 acres. The assembled property has frontage on SW 16 th Place and Chiquita Boulevard and has two future land use map classifications; the lots with frontage on Chiquita Boulevard have a MF future land use map classification, while those with frontage on SW 16 th Place have a SF future land use map classification, and are the subject of the proposed amendment. Should the City Council approve the proposed amendment, all lots in the subject properties would have a MF designation. The current future land use map classifications have been present since 2000, when the subject properties were brought into the Urban Services Transition Area by Ordinance Multi-family residential developments are present north and south of the subject properties. Overall, 74% of the properties within 1,000 feet of the subject properties are improved, with a mixture of single family detached residences,

4 February 17, 2016 LU Page 4 duplexes, a multi-family residential condominium and apartment complexes. The applicant s letter of intent states a desire to facilitate a superior site design by eliminating the property s split of future land use map classifications, and the intent to develop the site with full block depth. Analysis Staff reviewed the Comprehensive Plan for policy guidance, particularly the Future Land Use Element, and identified the following policies: Policy 8.4: The City shall encourage transitions from commercial uses to less intensive land uses and site design that considers the following preferred characteristics to attain compatibility with adjacent residential uses: a. Site Orientation i. Vehicular access should be from a collector, arterial, access street, or an alley if the subject uses are located within the Downtown Community Redevelopment Area. ii. Pedestrian access should be designed to provide internal and external circulation from adjacent neighborhoods. iii. Streets should be designed with elements to provide visual or physical buffering may serve as boundaries between different intensities of land uses. iv. Site improvements within commercial areas such as lighting, signage and landscaping should be designed and coordinated in order to create a positive identity and visual image throughout the development area. b. Site design should promote the preservation and integration of mature trees, natural vegetation, natural and environmentally sensitive areas whenever feasible. c. Screening and landscaping i. Creative and extensive use of landscaping and berming techniques for natural transitions between differing intensities of land uses is encouraged. ii. Fences should not be used as a sole method of providing screening and buffering between differing intensities of land uses. iii. The City shall review and revise landscaping and signage standards for commercial development to enhance the visual and physical environment to foster its integration of other land uses. d. Lighting used to illuminate parking areas, signs or structures should be placed and designed to deflect light away from adjoining property or public streets through fixture type, height, orientation and location. This policy is supportive of the request to amend the subject properties to Multi-Family Residential. Policy 8.5: The City encourages the use of multi-family residential, compound buildings, professional offices, and parks as transitional uses between commercial development and low-density residential neighborhood. Such development should include: a. Design elements such as: height and scale compatible with the surrounding residential uses;

5 February 17, 2016 LU Page 5 b. Site design that is compatible with surrounding residential neighborhoods with consideration given to extensive screening, architectural features, building and parking orientation, and preservation of natural features; and c. Primary site access provided from arterials, collectors or access streets in order to discourage traffic from directly entering residential areas. This policy supports the request to amend the subject properties to Multi-Family Residential. Best planning practices include the close proximity of multi-family residential uses to commercial centers to reduce vehicular traffic, and to buffer less-intensive uses between commercial and single family residential development. The goal of the Housing Element also states the need to provide a broad choice of housing types and styles for the community. GOAL: To provide good quality housing in safe, clean neighborhoods, offering a broad choice of options in both type (single family and multi-family) and tenure (owner and renter occupied) to meet the needs of present and future residents of the City, regardless of age or income status. The goal supports the request as the request would provide additional multi-family housing opportunities for Cape Coral. The subject properties location south of Cape Coral Parkway indicates that it is located in the Coastal High Hazard Area (CHHA). Per Florida Statute Chapter , the coastal high-hazard area,...is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Development in the CHHA is limited by state statute, due to the potential impacts upon the health, safety, and public welfare caused by increased density in this vulnerable area. Mitigation may be achieved by one of the three actions discussed below, per Florida Statutes s (8)(a): (8)(a) A proposed comprehensive plan amendment shall be found in compliance with state coastal high-hazard provisions if: 1. The adopted level of service for out-of-county hurricane evacuation is maintained for a category 5 storm event as measured on the Saffir-Simpson scale; or 2. A 12-hour evacuation time to shelter is maintained for a category 5 storm event as measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by a proposed comprehensive plan amendment is available; or 3. Appropriate mitigation is provided that will satisfy subparagraph 1. or subparagraph 2. Appropriate mitigation shall include, without limitation, payment of money, contribution of land, and construction of hurricane shelters

6 February 17, 2016 LU Page 6 and transportation facilities. Required mitigation may not exceed the amount required for a developer to accommodate impacts reasonably attributable to development. A local government and a developer shall enter into a binding agreement to memorialize the mitigation plan. This statute is reflected by Policy of the Conservation and Coastal Management Element, which states the following: Policy 4.3.3: The City shall not approve any future land use map amendment that would increase the maximum residential density within the coastal high-hazard area, unless one of the following criteria is met, in accordance with Section (9), F.S.: 1. The proposed amendment would not exceed a 16-hour out-of-county hurricane evacuation time for a category 5 storm event, as measured on the Saffir-Simpson scale; or 2. A 12-hour evacuation time to shelter is maintained for a category 5 storm event as measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by a proposed comprehensive plan amendment is available; or 3. Appropriate mitigation is provided that will satisfy the provisions of either of the previous two paragraphs. Appropriate mitigation shall include, without limitation, payment of money, contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation may not exceed the amount required for a developer to accommodate impacts reasonably attributable to development. For future land use map amendments initiated by a developer, the City and the developer shall enter into a binding agreement to memorialize the mitigation plan prior to adoption of the amendment. Cape Coral s location makes it unlikely that mitigation efforts 1 and 2 would be practicable, as the city does not have a direct route to highways leading out of the region, and evacuation traffic could be negatively affected by congestion caused by evacuees from other parts of the state, namely other parts of Lee County, Collier County, and the Miami/Fort Lauderdale metropolitan area. The applicant is offering to pay money consistent with Lee County s mitigation fund, consistent with effort #3. While no policies in the Comprehensive Plan expressly prohibit the increase of residential density in the CHHA, the impacts of increased densities on the health, safety, and public welfare of the community are paramount in determining the appropriateness of this amendment. The applicant s anticipated contribution to the Lee County Mitigation Funds meets the criteria within Policy of the Conservation and Coastal Management Element.

7 February 17, 2016 LU Page 7 Impact Assessment Summary The following calculations summarize approximate conditions for each municipal service analyzed. A more complete analysis of each service is included in the text that follows the calculations. To determine the impact assessment, staff utilized the adopted future land use and zoning designations to determine the existing impacts. Therefore, the impacts discussed in this assessment do not necessarily reflect the actual amount of dwelling units, population, etc. The land use classification for these parcels is Single Family Residential. The zoning designation governing the subject parcels is Residential Development (RD). The maximum density permitted under the Single Family Residential future land use classification is 4.4 dwelling units per acre, for the 1.29 acre-component of the subject area that is SF. For purposes of the land use amendment, the impact assessment summary of the proposed use, a density of 16 dwelling units per acre for the entire site. Both subject properties are undeveloped. Dwelling Units Existing: 30 (16 du/acre x 1.52 acres (MF); 4.4 du/acre x 1.29 acres (SF)) Proposed: 45 (16 du/acre x 2.81 acres) Net Change: +15 Population* Existing: 76 Proposed: 114 Net Change: +38 * 2.54 persons/household = avg. household size; 2010 Census Water Use Existing: Proposed: Net Change: Facility Capacity: Permitted Usage: Avg. Daily Usage: Sewage Existing: Proposed: Net Change: Facility Capacity: Avg. Daily Usage: Solid Waste Existing Generation: Proposed: Net Change: 6,000 gal/day at 200 gal/dwelling unit/day 9,000 gal/day at 200 gal/dwelling unit/day +3,000 gal/day 30.1 MGD 16.9 MGD 9.4 MGD 6,000 gal/day at 200 gal/dwelling unit/day 9,000 gal/day at 200 gal/dwelling unit/day +3,000 gal/day 28.4 MGD 12.8 MGD lbs./day at 4.74 lbs/person/day lbs./day at 4.74 lbs/person/day lbs./day

8 February 17, 2016 LU Page 8 Facility Capacity: Existing Demand: Capacity Available: Traffic/Daily Trips Existing Generation: Proposed: Net Change: Facility Capacity: Capacity Available: 1,836 tons/day 1,384 tons/day Yes 11 AM peak trips/hour and 14 PM peak trips/hour 11 AM peak trips/hour and 14 PM peak trips/hour 0 AM peak hour trips and 0 PM peak hour trips Chiquita Boulevard, a collector roadway and SW 16 th Place, a local road, currently access the subject properties. Yes Development Impact Analysis Potable Water The site is currently served by City water. With the proposed future land use designation Multi-Family, the amount of potable water use at maximum density would be approximately 9,000 gallons per day, an increase of 3,000 gallons per day from the current future land use map classification of Single Family Residential. The City has a facility capacity of 30.1 million gallons per day (MGD), with an average daily flow as of FY 2014 of 9.4 MGD. The City is permitted water withdrawals by the South Florida Water Management District (SFWMD) not to exceed MGD. The potable water consumed would be evaluated as part of those later reviews and concurrency requirements are required at the time of those respective reviews. Wastewater City sewer is currently available to these sites. With the proposed future land use designation, the amount of daily wastewater generation at maximum density would be approximately 9,000 gallons per day, an increase of 3,000 gallons per day from the current future land use map classification. The city has two treatment facilities with a combined total capacity of 28.4 MGD. The annual average daily flow as of FY 2014 is 12.8 MGD. The wastewater generated by development permitted by future land use map amendments in the future would be evaluated as part of those later reviews and concurrency requirements would be required to be met at the time of those respective reviews. Solid Waste At maximum allowed density, the current Commercial/Professional land use designation would create 360 lbs. of solid waste. With the proposed Multi-Family Residential future land use map classification, the amount of solid waste produced by anticipated development on the site would be increased by 50%, to 540 lbs./day. Currently, most household waste, other than recyclable or horticultural waste, is processed by a Lee County waste-to-energy facility. It has a capacity of 1,836 tons per day and is currently receiving approximately 1,384 tons per day. Hurricane Evacuation The subject properties are located in the Storm Surge A/Evacuation Zone A. The subject property is located in the Coastal High Hazard Area (CHHA). If the proposed amendment is adopted, the applicant would need to provide mitigation for the increase of density in the CHHA. Mitigation may be achieved by one of the three actions discussed in the Analysis section. The proposed Future Land Use Map

9 February 17, 2016 LU Page 9 classification of Multi-Family could increase residential dwelling units in this area by 15 dwelling units; while according to the traffic analysis there is no increase in peak hour trips, there may be an impact on hurricane evacuation times. Park Lands The levels of service standard (LOS) for parkland and facilities are based on permanent population. Based on the existing permitted densities, there could be a maximum increase in park demand by 0.15 acres. Protected Species The City requires an environmental survey prior to the issuance of any land clearing/site clearing or development permits. Any future land alteration activities will be preceded by the completion of an environmental survey identifying the presence of protected flora and fauna. Based on the results of the environmental survey, City, State or Federal protective or mitigation may needed by the developer. School Impacts There will be an increase in the number of dwelling units because of the proposed future land use map amendment request. However, the increase in dwelling units will result in no effect upon the demand on school facilities, due to the change in potential housing type, from Single Family to Multi-Family Residential. As multi-family residences have smaller household sizes, and a higher proportion of seasonal occupancy, the average number of student per dwelling unit is much less than the average number of students per single family dwelling unit. Existing dwelling units: Existing students: Proposed dwelling units: Proposed students: Change: 30 dwelling units (6 SF, 24 MF) 4 (6 x.292 students per single family dwelling unit; 24 x.091 students per multi-family dwelling unit) 45 dwelling units 4 (45 x.091 students per multi-family dwelling unit) +0 students Traffic Analysis The maximum allowed density for these properties would create a peak volume of 11 trips during the AM peak hour, and 14 trips during PM peak hour, which is no increase compared to the existing future land use map classification. The traffic generated by development allowed by future land use amendments would be evaluated as part of that review and concurrency requirements would be met. Recommendation: The proposed amendment to Multi-Family Residential is appropriate due to its location on Chiquita Boulevard, in a residential area that contains a mix of single family and multi-family residential development. The proposed amendment would result in the provision of a single future land use map classification for the subject area, removing a split of land use classifications currently present. The provision of a multi-family residential future land use map classification for the entire site improves the potential development of the site, as the site would have full-block depth, which is uncommon in Cape Coral. The property s location in the Coastal High Hazard Area is a cause for concern. As stated previously, while there are no Comprehensive Plan policies that prohibit increased densities in the CHHA, it is the

10 February 17, 2016 LU Page 10 responsibility of the community to ensure that any density increases would not negatively affect evacuation times, and that appropriate mitigation efforts are undertaken. The proposed amendment s change of land use, from Single Family Residential to Multi-Family Residential, has no effect on school impacts and traffic generation, due to the characteristics of multi-family residential property; smaller household sizes and a higher-than-average seasonal occupancy rate. In addition, the applicant is working with staff to provide monies consist with the Lee County mitigation fund, consistent with Policy of the Conservation and Coastal Management Element. As the proposed amendment to Multi-Family Residential is consistent with Policies 8.4 and 8.5 of the Future Land Use Element of the Comprehensive Plan, Planning Division staff recommends approval of the proposed small-scale future land use map amendment request.

11 AMB Planning Consultants Inc. February 24, 2015 Mr. Vincent A. Cautero, Director Department of Community Development 1015 Cultural Pak Blvd City of Cape Coral, FL Re: Requested Land Use Amendment From Single Family to Multi-Family Portion of 51f»4 Chiquita Blvd S (Strap# ) and All of5121 SW 16th Place (Strap# A) Dear Mr. Cautero: On behalf of my client, Tom Cirrincione, Managing Member of Bellagio Harbour LLC., I am requesting a land use amendment for a portion of vacant land that has been assembled to effectuate a quality multi-family development in southwest Cape Coral. The properties that are the subject of the proposed land use amendment from Single Family to Multi-Family include a portion (46,250 s.f.) of 5114 Chiquita Blvd. Sand all of 5121 SW 16th Place (10,000 s.f.): a total proposed land use amendment area of approximately 56,250 s.f. or 1.29 acres. The portion of the property that is fronting Chiquita Blvd is already within a Multi-Family future land use district and is within an R-3 zoning district. The adjacent split block along SW 16th Place within 5114 Chiquita Blvd S. and 5121 SW 16th Place is within a Single Family future land use district and an R-D zoning district, see below. Aerial of Assemblage

12 Existing Future Land Use 5121 SW 16th Place

13 Existing Zoning I ~.. VOLUNTEER CANAL,. ",. R-3 Zoning ' '' R-D Zoning The total land assemblage including the existing area already within a Multi-Family future land use district and the area proposed for this amendment is approximately 2.81 Acres. The assemblage is surrounded by Cape Coral Pkwy to the east, a multi-family development, known as Parkway Village to the north along SW 51st Street, vacant land to the west along SW 16th Place and single family and multi-family to the south. The existing Single Family future land use district for the 1.29 acres would permit 5 units. The amendment would permit up to 16 du/acre or 20 units. The net effect would be a maximum increase of up to 15 units. Planning Rationale The proposed Future Land Use amendment would facilitate a superior site design by eliminating the split block and creating a full block depth. This would enable better circulation, parking and open space. Many of the split block development in Cape Coral produces inferior design, limited open space, and drivers forced to back up directly from their home onto busy boulevards. Parkway Village, a multi-family development just north of the site covers a full block depth and its common areas, such as community pool are internally located. In considering future development, it is important to look at building type and density as it relates to the streetscape. The north-south boulevards in Cape Coral are wide streets that are most suitable for adjacent multi-family development. Multi-family provides a transitional building type to single family development, insulating it from traffic and higher activity patterns associated with the boulevards. While commercial development is desirable, it is not suitable in

14 all locations along the boulevards, particularly further south of Cape Coral Parkway in the southwest section of the Cape. These locations are largely residential and terminate at the river. Market Developers tend to build housing products that are consistent with the market at that location. The southwest section of Cape Coral has some of the highest household incomes in the City. By providing class A buildings supportable by higher income levels, they can command higher purchase prices. Multi-Family Development My client is interested in developing the property and has prepared some conceptual elevations of the type of development he is interested in constructing, (See Attachment 1 ). The development would be low rise townhomes and would be comprised of the following: 2,400+ s.f. of living area 2 Bedrooms plus den 2.5 Bathrooms 2 Car Garages Tile Roofs Fireplace 1 0' Ceiling Heights Upstairs Laundry Balconies & Lanais Community Club House & Pool & Gym Please let me know if you have any questions or if I can provide additional information. Sincerely, 04{_15~ Annette M. Barbaccia, AMB Planning Consultants, Inc. P.O. Box 3495 N. Fort Myers, FL Tel abarbaccia@ambpl.com cc: Tom Cirrincione

15 NOTICE OF CHANGE OF LAND USE The City of Cape Coralproposes to adopt ORDINANCE 9-16, AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY RESIDENTIAL (SF) TO MULTI-FAMILY RESIDENTIAL (MF) LAND USE FOR PROPERTY DESCRIBED AS LOTS 15-25, BLOCK 4631, UNIT 69, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 5104 CHIQUITA BOULEVARD AND 5121 SW 16TH PLACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held Wednesday, March 2, 2016 at 9:00 a.m. at the City of Cape Coral, City Hall Chambers, 1015 Cultural Park Blvd., Cape Coral, Florida At this public hearing, the Planning and Zoning Commission will consider recommendation of the future land use map amendment request. Accordingly, members of the general public and real property owners in the community are invited to appear and speak at the public hearing. Written comments filed with the Director will also be entered into the record. A copy of the map and the proposed amendment under consideration will be available for inspection and will be provided to the public at cost at the City Clerk s office between 7:30 a.m. and 4:30 p.m., Monday through Friday excluding holidays. Any person who decides to appeal any decision made by the City Council at that meeting will need a record of proceedings, and that subject person 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. In accordance with Section , Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk no later than 4:00 p.m. on the day prior to the meeting. Rebecca van Deutekom, CMC City Clerk PROOF O.K. BY: O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY SUBMIT CORRECTIONS ONLINE ADVERTISER: CITY OF CAPE CORAL_DEPT PROOF CREATED AT: 2/17/ :16 PM SALES PERSON: Legal Display PROOF DUE: - NEXT RUN DATE: 02/21/16 PUBLICATION: NP-CAPE SUN PRESS SIZE: 3 col X 10 in NP INDD

16 LU ORDINANCE 9-16 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY RESIDENTIAL (SF) TO MULTI-FAMILY RESIDENTIAL (MF) LAND USE FOR PROPERTY DESCRIBED AS LOTS 15-25, BLOCK 4631, UNIT 69, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 5104 CHIQUITA BOULEVARD AND 5121 SW 16 PLACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Coral on February 13, 1989, adopted a Comprehensive Plan pursuant to the Comprehensive Planning Act; and WHEREAS, as part of the Comprehensive Plan the City of Cape Coral adopted therewith a future land use map designating land uses and proposed land uses throughout the City of Cape Coral consistent with the Comprehensive Plan and Comprehensive Planning Act; and WHEREAS, the City of Cape Coral City Council has considered the testimony, evidence, and documentation for the Land Use Amendment initiated by RTS OF CAPE CORAL, INC., regarding the below described property, and considered the recommendation of the Planning & Zoning Commission/Local PlanningAgency and City staff. NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS PURSUANT TO THE LAWS OF FLORIDA, AND OTHER APPLICABLE LAWS, THIS ORDINANCE: SECTION 1. That the below described real property located within the City of Cape Coral, Florida, is hereby amended consistent with the City of Cape Coral Comprehensive Plan as follows: FROM SINGLE FAMILY RESIDENTIAL (SF^ TO MULTI-FAMILY RESIDENTIAL fmf) LOTS 15 THROUGH 25, BLOCK 4631, AS SHOWN ON THE PLAT OF CAPE CORAL UNIT 69, RECORDED IN PLAT BOOK 22 AT PAGE 43 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA. PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS, AND RESTRICTIONS OF RECORD. PROPERTY LOCATED AT: 5104 CHIQUITA BOULEVARD AND 5121 SW 16 PLACE SECTION 2. Severability. In the event that any portion or section of this ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this ordinance which shall remain in full force and effect. SECTION 3. Effective Date. The effective date of this small scale development amendment to the Comprehensive Plan shall be thirty-one (31) days after the adoption of this ordinance. Alternatively, if the small scale development amendment adopted by this ordinance is challenged by an "affected person" within thirty (30) days after adoption, then the effective date of this amendment shall be the date upon which either the state land planning agency or the Administration Commission issues a "final order" determining that this small scale development amendment is "in compliance" as provided in Section (5), Florida Statutes. ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR SESSION THIS DAY OF, MARNI L. SAWICKI, MAYOR

17 VOTE OF MAYOR AND COUNCILMEMBERS: SAWICKI BURCH CARIOSCIA STOUT LEON ERBRICK WILLIAMS COSDEN ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM CITY CLERK APPROVED AS TO FORM: BRIAN R. BARTOS ASSISTANT CITY A'lTORNEY ord/lu

18 City of Cape Coral Department of Community Development February 12, 2016 RE: ORD 9-16 CASE # LU Dear Property Owner: This notice is sent to you, as required by the City of Cape Coral Land Use and Development Regulations, to notify all property owners within 500 feet of a request for Future Land Use Map Amendment submitted by RTS OF CAPE CORAL, INC. The applicant is requesting a Future Land Use Map Amendment from Single Family Residential (SF) to Multi-Family Residential (MF) Land Use for property described as Lots 15-25, Block 4631, Unit 69, Cape Coral Subdivision. The property is located at 5104 Chiquita Boulevard and 5121 SW 16 th Place. The Board of Zoning of Adjustment and Appeals will hear Ordinance 9-16 at a Public Hearing on Wednesday, March 2 nd, 2016 at 9:00 a.m. The City Council will hear Ordinance 9-16 on Monday, March 28 th, 2016 at 4:30 P.M. in the Council Chambers at City Hall. Public hearings will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, Florida, 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 , Cape Coral, FL ; or to Wyatt Daltry at or at wdaltry@capecoral.net. The hearings may be continued from time to time as necessary. 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 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. 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 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

19 Department of Community Development PLANNING DIVISION For further information, please contact Wyatt Daltry at or at Colored maps for this application are available at the City of Cape Coral website, (Scroll down to Public Hearing Cases and click on the case number referenced above to access the information) Sincerely, Amy L. Yearsley, AICP Acting Planning Manager Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida

20 Department of Community Development PLANNING DIVISION FUTURE LAND USE MAP AMENDMENT APPLICATION CRITERIA APPLICABLE TO AMENDMENTS Cape Coral Land Use & Development Regulations Section 8.7 A. Definition: An amendment shall include any text amendment to this ordinance, or the Comprehensive Plan, and/or map amendment to the Official Zoning District Map, or the Future Land Use Map made by official action by the City Council in accordance with the provisions of this ordinance and all other applicable law. B. Consistency with Comprehensive Plan and general standards. 1. No amendment shall be approved or effective unless it is determined by City Council to be consistent with the Comprehensive Plan. 2. Planning and Zoning Commission/ Local Planning Agency and the City Council shall apply the following general standards in their consideration of amendments of this ordinance, the Comprehensive Plan, the Future Land Use Map, and the Official Zoning MapThe extent to which the value of the property is diminished by the proposed land use restriction or zoning of the property; a) The extent to which the removal of a proposed land use restriction or change in zoning depreciates the value of other property in the area; b) The suitability of the property for the zoning purpose or land use restriction imposed on the property as zoned; c) The character of the neighborhood, existing uses, zoning of nearby and surrounding properties, and compatibility of the proposed land use restriction or zoning; d) The relative gain to the community as compared to the hardship, if any imposed, by the proposed land use restrictions or from rezoning said property; e) The community need for the use proposed by the zoning or land use restriction; f) Length of time the property proposed to be rezoned has been vacant, as zoned, when considered in the context of the City of Cape Coral Comprehensive Land Use Plan for the development of the proposed property and surrounding property; g) The extent to which the proposed land use restriction or zoning promotes the health, safety, morals, or general welfare of this community; h) The extent to which the proposed land use, land use restriction, or zoning will impact the level of service standards for public facilities as specified in the Comprehensive Plan; and, i) Whether the proposed land use restriction, removal of a restriction, or zoning is consistent with the City of Cape Coral Comprehensive Land Use Plan. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

21 Department of Community Development PLANNING DIVISION C. Origination of amendment proposal: A proposal for an amendment to this ordinance, or the Comprehensive Plan, either the text or Official Zoning District Map, or Future Land Use Map, may originate with the Planning and Zoning Commission/Local Planning Agency, the governing body, or by petition of the owners of 51% or more of the land area involved in the proposed change. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

22 CITY OF CAPE CORAL ORION CANAL SW 17TH AVE Subject Parcels SW 51ST ST CHIQUITA BLVD S SW 15TH PL SW COURTYARDS PL Department of Community Development Planning Division CURRENT ZONING MAP 500 Proximity Boundary Case No. LU Lot: Legend 500' Buffer Subject parcels Parcel Lines Lot Lines Zoning SW 51ST TER CHIQUITA BLVD S SW 51ST LN R1B R3 RD VOLUNTEER CANAL SW 52ND ST µ SW 52ND TER SW 16TH PL SW 52ND TER 500' Proximity Boundary JANUARY 6TH, Feet This map is not a survey and should not be used in place of 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 result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

23 CITY OF CAPE CORAL ORION CANAL SW 17TH AVE Subject Parcels SW 51ST ST CHIQUITA BLVD S SW 15TH PL SW COURTYARDS PL Department of Community Development Planning Division CURRENT FUTURE LAND USE MAP 500 Proximity Boundary Case No. LU Lot: Legend 500' Buffer Subject parcels Parcel Lines Lot Lines Future Land Use SW 51ST TER CHIQUITA BLVD S SW 51ST LN SF MF PK VOLUNTEER CANAL SW 52ND ST µ SW 52ND TER SW 16TH PL SW 52ND TER 500' Proximity Boundary JANUARY 6TH, Feet This map is not a survey and should not be used in place of 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 result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

24 CITY OF CAPE CORAL ORION CANAL SW 17TH AVE Subject Parcels SW 51ST ST CHIQUITA BLVD S SW 15TH PL SW COURTYARDS PL Department of Community Development Planning Division PROPOSED FUTURE LAND USE MAP 500 Proximity Boundary Case No. LU Lot: Legend 500' Buffer Lot Lines Subject parcels Parcel Lines Future Land Use SW 51ST TER CHIQUITA BLVD S SW 51ST LN SF MF PK VOLUNTEER CANAL SW 52ND ST µ SW 52ND TER SW 16TH PL SW 52ND TER 500' Proximity Boundary JANUARY 6TH, Feet This map is not a survey and should not be used in place of 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 result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

25 SW COURTYARDS PL CHIQUITA BLVD S SW 51ST TER Subject Parcels SW 15TH PL SW 51ST ST SW 16TH PL ORION CANAL SW 17TH AVE SKYLINE CANAL SW 51ST LN CITY OF CAPE CORAL Department of Community Development VOLUNTEER CANAL Case # LU SW 52ND ST Subject Parcel µ Map Date: January 11, 2016 Aerial Date: May SW 52ND TER Feet This map is not a survey and should not be used in place of 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 result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product.

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