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11 Planning Division Case Report VP Review Date: October 31, 2017 Owner/Applicant: Requests: Location: Prepared By: Reviewed By: Approved By: Recommendation: Urban Service Lifes A Vacation, LLC. The applicant requests to vacate: 1. 3,515.3 sq. ft. of platted alley right-of-way on Mikado Court sq. ft. of public utility and drainage easements associated with Block 31, Lots 29, 30, and sq. ft. of public utility and drainage easements associated with Block 31, Lot Mikado Court Justin Heller, Planner Mike Struve, AICP, Planning Team Coordinator Robert Pederson, AICP, Planning Manager Approval 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, rightsof-way and other property.

12 October 31, 2017 VP Page 2 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 residentialzoned 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 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:

13 Based on the above analysis, staff recommends approval with the following conditions. October 31, 2017 VP Page 3 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.

14 October 31, 2017 VP Page 4 Exhibit A Vacation of ROW

15 October 31, 2017 VP Page 5

16 Exhibit B Vacation of PUE s October 31, 2017 VP Page 6

17 October 31, 2017 VP Page 7

18 October 31, 2017 VP Page 8

19 October 31, 2017 VP Page 9

20 Exhibit C New PUE s October 31, 2017 VP Page 10

21 October 31, 2017 VP Page 11

22 October 31, 2017 VP Page 12

23 October 31, 2017 VP Page 13

CASE NUMBER: VP17-0008 NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The applicant is requesting the following: 1. 3,515.3 sq. ft.

LOCATION: 5352 Mikado Court CAPE CORAL STAFF CONTACT: Justin Heller, Planner, 239-574-0587, jheller@capecoral.

24 CASE NUMBER: VP NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The applicant is requesting the following: 1. 3,515.3 sq. ft. of platted alley right-of-way on Mikado Court sq. ft. of public utility and drainage easements associated with Block 31, Lots 29, 30, and 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, , 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 5 th, 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, (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 , Cape Coral, FL 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 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 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

25 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. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida planningquestions@capecoral.net

28 MIKADO C ANA L MIKADO CT MALIBU CANAL MALIBU CT CITY OF CAPE CORAL Department of Community Development Planning Division Case No. VP Subject Parcel SUBJECT PARCEL LAFAYETTE CANAL µ SEPTEMBER 15TH, 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 occur. Please contact the Department of Community Development with any questions regarding this map product.

29 500' PROXIMITY BOUNDARY MALIBU CANAL MIKADO CT CITY OF CAPE CORAL Department of Community Development Planning Division MAYFAIR CANAL MALIBU CT MIKADO CANAL NAUTILUS DR CURRENT ZONING MAP 500' Proximity Buffer Case No. VP LEGEND 500' Proximity Boundary Subject Parcel Zoning R-1B LAFAYETTE CANAL SUBJECT PARCEL µ SEPTEMBER 15TH, 2017 LUCERNE AVE LORRAINE CANAL LUCERNE CANAL RIVERSIDE DR 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 occur. Please contact the Department of Community Development with any questions regarding this map product.

30 Owner_Name Mailing_Ad Mailing_Ci MailinMailing_Zi LAWRIE ROBERT T + LUCILLE E 3189 MADERNA RD BURLINGTON ON L7M 2W3 CA KOBER STEFAN ICHENHAUSER STRASSE 14 KOETZ GERMANY NAGL THOMAS + NAGL-NILL NADINE HAMSELWEG 15 GRAFENAU GERMANY NESER ULRICH TR NESER FAMILLY TRU AM GRUENBORN KIRCHHEIM GERMANY REUBENS MICHEL + PIETERS BENEDICT 56 RUE DE LA VICTOIRE 8047 STRASSEN LUXEMBOU 5325 MALIBU COURT LLC 5331 MALIBU CT CAPE CORAL FL AHLSTROM KURT V + DENISE A 5346 MIKADO CT CAPE CORAL FL BERTHOLDT CORNELIUS PO BOX CAPE CORAL FL BIG WOODS PROPERTIES LLC 415 MAIN ST NERSTRAND MN BULLOCK CURTIS D + CAROLYN H 1144 LUCERNE AV CAPE CORAL FL BULLOCK HOLLY RUTH 1138 LUCERNE AVE CAPE CORAL FL CANSFIELD GENE ANN Z 5333 MALIBU CT CAPE CORAL FL CASPERS ELAINE M ALLWINE TR ELAIN 5345 MIKADO CT CAPE CORAL FL CAVALLO VICTOR J + LOIS CEA 186 ROWAYTON WOODS DR NORWALK CT FIJMAN ALISON H TR FOR ALISON H FIJ1134 LUCERNE AV CAPE CORAL FL GOETZ JENS 6116 TARPON ESTATES BLVD CAPE CORAL FL GREEN KENNETH & MARIANNE 5945 TARPON GARDENS CIR APT 201 CAPE CORAL FL HAAG BRIAN & KRISTIN A 5715 FLAMINGO DR CAPE CORAL FL HEIMES MICHELLE MILL RD MURDOCK NE HENDRY MARK 5344 MALIBU CT CAPE CORAL FL HOLT JACK W + SUSAN M 1152 LUCERNE AVE CAPE CORAL FL HOWELL CARROLL S II + JUDITH + PFAE5607 RIVERSIDE DR CAPE CORAL FL HUCUL FRANK + HUCUL BETTY ANN 9 LUDLOW CT BRANFORD CT IRWIN TOM 1802 WILLOW DR HUDSON WI KERN THOMAS HERMANN GEORGE 5358 MALIBU CT CAPE CORAL FL KOCH TORSTEN 3319 SW 11TH CT CAPE CORAL FL KOHNE LORALYN L TR FOR LORALYN L 1148 LUCERNE AVE CAPE CORAL FL KREUTZ CHUCK TR FOR CHARLES L KRE 4226 COREY RD TOLEDO OH LIFES A VACATION LLC SMITH CREEK RD WARRENTON MO LUIS DE LA PUENTE & VIVIAN M. BARA 5333 MIKADO CT CAPE CORAL FL MALO GILLES 5334 MIKADO CT CAPE CORAL FL MCMILLEN CAROL J 5328 MALIBU CT CAPE CORAL FL METZ VIVIAN M 5343 MAYFAIR CT CAPE CORAL FL MITCH MICHAEL + CAROLYN 5362 MALIBU CT CAPE CORAL FL NGUYEN TRUNG HUU & TIENBICH 6015 LAKESIDE MANOR AVE INDIANAPOLIS IN NORDQUIST BARBARA N TR FOR BARB 5363 NAUTILUS DR CAPE CORAL FL PARENT RONALD E + NICOLE 5343 MALIBU CT CAPE CORAL FL PISULA THOMAS + LESLIE 1030 LEGEND WAY SCOTTDALE PA PLONSKY RICHARD DANIEL TR FOR PLO917 POWDER HORN RD SUN PRAIRIE WI PLOTKA JEAN E + RONALD T 5622 RIVERSIDE DR CAPE CORAL FL PROMOS BARRY + MARIANNE 5338 NAUTILUS DR CAPE CORAL FL RAWSON TIMOTHY J + REBECCA S 5347 MALIBU CT CAPE CORAL FL REYNOLDS ROGER G TR FOR ROGER G 5329 MIKADO CT CAPE CORAL FL SALENIUS SHARON A + SMITH WALTER5326 MIKADO CT CAPE CORAL FL SEIBERT MICHAEL 1127 LUCERNE AVE CAPE CORAL FL SH PELED LLC PO BOX SAN DIEGO CA SLOAN JAMES F + PATRICIA C 5331 MALIBU CT CAPE CORAL FL 33904

31 SLOWIK LAWRENCE 1130 LUCERNE AVE CAPE CORAL FL SOUZA RICHARD + MARY 5330 MIKADO CT CAPE CORAL FL STEDELBAUER WILLIAM + E JEANNE 5360 MIKADO CT CAPE CORAL FL SUBIC JOSEPH JR & AMANDA C 5336 MALIBU CT CAPE CORAL FL THOMAS JUSTIN G 1131 LUCERNE AVE CAPE CORAL FL TITMUSS MICHAEL J 5348 MALIBU CT CAPE CORAL FL TRESSLER JIM + BARBARA 5355 NAUTILUS DR CAPE CORAL FL VITELLO MARK S + MARTHA E 4 LAUREN CT MANALAPAN NJ 07726

Planning Division Case Report DE Review Date: April 14, Authorized

Planning Division Case Report DE16-0056 Review Date: April 14, 2017 Owner/Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Samir Salman Terry