2026-10-20 - Hearing Examiner

Summary

Based on human (CART) captions, typed in all capitals; speaker names and numbers may still be misspelled, and no speakers are labeled.

Time on topic (from transcript timestamps; approximate, includes side talk):

Topic	Minutes	Share
Southwest 32nd Place Vacation	43	29%
Bimini East Street Vacations	21	14%
Southwest 17th Place Hammerhead Vacation	14	10%
1308 Andalusia Boulevard Easement Vacation	14	10%
929 Dolphin Drive Canal Right-of-Way Vacation	12	8%
Kismet Parkway City Land Rezoning	11	8%
5350 Melaleuca Court Canal Right-of-Way Vacation	11	8%
825 Santa Barbara Boulevard Assisted Living Facility	10	7%
923 Dolphin Drive Canal Right-of-Way Vacation	9	6%
Other business	1	1%

Tuesday, October 20, 2026.
Hearing Examiner Mary Ann Lucas heard nine cases, all but one of them uncontested, and adjourned about 11:26 a.m. Eight matters were approved on the spot with staff conditions; the Southwest 32nd Place vacation drew five residents in opposition and the examiner took it under advisement.
The next hearing is November 17, 2026 (start time garbled in the captions).

Kismet Parkway City Land Rezoning

2:57-13:56

City-initiated large-scale rezoning (case RCN26-000006) of about 70 acres of city-owned vacant land along Kismet Parkway in northeast Cape Coral, next to the old Academic Village site.
Request: commercial to an industrial district for about 28.4 acres (extension of the existing industrial park to the west) and to Preservation for about 41.6 acres that already carry a conservation easement.
Anthony Santoro said it follows Ordinance 01-26, which changed the future land use to industrial and natural preserve; staff found it consistent with all six rezoning criteria and recommended approval.
Impacts: moderate for fire, minor for police; surrounding residential is distant and separated by Kismet Parkway.
No correspondence and no public comment. Examiner approved.

825 Santa Barbara Boulevard Assisted Living Facility

14:00-23:30

Special exception (SP26-000005) to reestablish an assisted living facility use in a 1987 building on 2.52 acres in the multifamily low-density district. The earlier exception lapsed after the use was discontinued; a new owner plans a mental health facility.
Chad Boyko recommended approval with four conditions: limited to the proposed facility with no expansion, visitor and delivery hours 8 a.m. to 5 p.m., no outdoor storage, and new lighting aimed away from neighbors.
Jeremy Snow (applicant's planner) accepted the conditions and waived a presentation as there was no public comment. Examiner granted the exception.

1308 Andalusia Boulevard Easement Vacation

23:32-37:03

Vacation (VAC26-000005) of a 25-foot platted easement (3,000 sq ft) along the west side of a vacant 0.41-acre lot, to allow a larger building for an approved five-unit multifamily project. A 6-foot perimeter easement stays.
Daniel Johnson (engineer) said nobody knows what the 1961 easement was for; utilities and the city sent no-objection letters.
Candace Ward read the conditions, including a one-time $4,057 tree fund payment (refunded if council denies). At the examiner's request a condition was added so an electric utility can re-review if the plans change substantially.
Two residents called with questions only. No public comment. Examiner approved.

5350 Melaleuca Court Canal Right-of-Way Vacation

37:09-47:45

Vacation (VAC26-000006) of 744 sq ft of unexcavated canal right-of-way plus platted easements (the captions give 588 and 558 sq ft) beside the Majestic Canal, for a future pool at a home under construction.
Brittany Harris represented the owners. Candace Ward said the strip is upland and not part of the working canal; the lot would stay at about 3.2 units per acre against a 4.4 limit; a 6-foot perimeter easement stays.
Six conditions read into the record; one resident called with a question. Examiner approved.

923 Dolphin Drive Canal Right-of-Way Vacation

47:50-56:27

Vacation (VAC26-000008) of 3,180 sq ft of upland canal right-of-way and about 450 sq ft of easements, so the owner can modify a dock.
Thomas Koenig said most neighbors on Dolphin Drive have already done this. Patrick Carlton White called it a standard canal right-of-way vacation, with five conditions.
No correspondence and no public comment. Examiner approved.

Bimini East Street Vacations

56:28-1:17:00

City-initiated vacation (VAC26-000010) in the downtown redevelopment area: all of Atlantic Court, the north half of Manor Court, the south end of Triton Court East, and most interior easements, about 2.4 acres, to assemble a roughly 20-acre site for a future mixed-use project.
Mike Struve stressed that this approves no development. Five private parcels (four homes and an auto repair shop) remain; easements are kept where they still serve them, and staff is requiring turnarounds at the two new dead ends.
Staff found consistency with the comprehensive plan and the South Cape downtown redevelopment plan. Four people asked staff for information; a letter from the Manor condominium supports the vacation but asks for certain commitments, which the examiner said she will consider in her order.
No public comment; the city accepted its own conditions. Examiner approved.

Southwest 32nd Place Vacation

1:17:17-2:00:41

Vacation (VAC26-000011) of 36,018 sq ft of Southwest 32nd Place and easements near Pine Island Road and Burnt Store Road, requested by the Island Pearl entities to assemble a commercial site. The owners offer a 20-foot perpetual public cross-access easement down the middle.
Jamie Rivera (engineer for the applicants) and Patrick White presented. Ten staff conditions include a $210,686.94 tree fund payment, access coordination with FDOT and Lee County, a perimeter easement, and positive drainage for a neighboring home. Stormwater would be held on site with a control structure and a discharge cut by about half; permits are pending with the state, the water management district and the city.
Five residents spoke against. Main points: the 500-foot notice radius is too small and signs were hard to see; the road is a bypass during crashes at Burnt Store and Pine Island and a hurricane evacuation route used by fire and ambulance crews; it drained water during Hurricane Ian; the project is larger than originally promised; and no police, fire or county comments were sought. Several asked for more time or a delay. Speakers: Sam Jaffe, Frank Loria, David Scott, Nicole Alber, and one more resident whose name is unclear in the captions.
Applicants said the road is not being closed; White added that commercial next to single-family triggers a 20-foot landscape strip or a 10-foot strip with a wall.
Hearing closed. Lucas will issue a written order, then the case goes to City Council with notice to parties. No decision was made at the hearing.

Southwest 17th Place Hammerhead Vacation

2:00:59-2:15:25

Vacation (VAC26-000014) of 2,992.9 sq ft of street right-of-way at a hammerhead between two lots in southwest Cape Coral, so the owners can build a seawall linking two existing seawalls and stop erosion and silting. Easements underneath stay.
Patrick Carlton White read the conditions: a subsurface utility survey of the wastewater and gas mains, seawall within 12 months (extensions by the public works director), structures at least 7 feet from the sewer main. A gas utility's no-objection letter arrived that morning.
Glenn Julius said silt washes under his boat and the area looks bad. The co-applicant neighbor agrees to the conditions. No public comment. Examiner approved.

929 Dolphin Drive Canal Right-of-Way Vacation

2:15:30-2:27:19

Vacation (VAC26-000015) of 2,677 sq ft of canal right-of-way and 408 sq ft of easements behind a home on Dolphin Drive, enlarging the lot to over 12,000 sq ft. The agenda misprinted the address as 129; staff noticed it correctly as 929.
Mike Struve found it consistent with the code and plan; the owner's attorney accepted all conditions. No correspondence and no public comment. Examiner approved, noting the standard condition that the owner pays to repair or relocate any damaged utility.

Other business

1:46-2:56, 2:27:20-2:27:42

Opening remarks, oath for witnesses, and announcement of the next hearing on November 17, 2026.

Sources

Video: https://youtube.com/watch?v=g81JY4hlhXg

Video

Transcript

These are human (CART) captions in all capitals; names and numbers may be misspelled.

Transcript

01:46GOOD MORNING EVERYONE.

01:47GOOD MORNING.

01:48GOOD MORNING.

01:55MY NAME AS YOU CAN SEE IS MARY

01:56ANN LUCAS.

01:57I'M THE HEARING EXAMINER TODAY

01:59THAT'S GOING TO HEAR YOUR YOUR

02:00CASES OKAY STAFF IS GOING TO

02:02PRESENT APPLICANTS ARE GOING TO

02:03PRESENT I'LL OPEN IT FOR PUBLIC

02:05HEARING AND HEAR FROM EVERYBODY

02:07WHO'S HERE.

02:08TO TALK ABOUT WHICHEVER CASE WE

02:10ARE SPEAKING OF AT THAT TIME.

02:12OKAY.

02:12WE CAN ASK EVERYBODY IF THEY

02:14COULD PLEASE TURN OFF THEIR

02:14CELL PHONES AND IF YOU NEED TO

02:17SPEAK ON YOUR CELL PHONE YOU

02:20MIGHT WANT TO DO IT OUT THERE

02:21BECAUSE REMEMBER THE RECORDING

02:22STAYS ON AND THIS IS ALL PART

02:24OF THE PUBLIC RECORD.

02:26SO I WANT TO MAKE SURE THAT YOU

02:30TAKE CARE OF THAT FOR YOURSELF

02:31OKAY.

02:32UM I THINK WE'RE READY TO GO,

02:35MADAM CLERK, IF YOU COULD SWEAR

02:36IN WHOEVER'S HERE ANYBODY WHO'S

02:37GOING TO SPEAK TO ME OR UM,

02:40GIVE TESTIMONY WHO COULD PLEASE

02:41STAND UP AND RAISE YOUR RIGHT

02:42HAND NO MATTER WHO WHAT WHAT

02:43YOU'RE HERE FOR.

02:44STAND UP AND RAISE YOUR RIGHT

02:45HANDS FOR ME I APPRECIATE IT.

02:47THANK YOU.

02:49DO YOU SOLEMNLY SWEAR OR AFFIRM

02:51TO TELL THE WHOLE TRUTH AND

02:52NOTHING BUT THE TRUTH?

02:55THANK YOU.

02:55ALL RIGHT.

02:56VERY GOOD.

02:56THANK YOU.

02:57SO THE FIRST CASE ON OUR AGENDA

02:59,MADAM CLERK.

03:01CASE NUMBER RCN 20 6-000006

03:07APPLICANT CITY OF CAPE CORAL

03:09ADDRESS MULTIPLE PROPERTIES DEL

03:11PRADO BOULEVARD AND KISMET

03:13PARKWAY ACREAGE 69.99 ACRES

03:18REQUEST THIS IS A CITY

03:20INITIATED LARGE-SCALE REQUEST

03:22FOR REZONING OF CITY OWNED

03:23PROPERTY.

03:24THE APPLICANT HAS REQUESTED

03:26REZONING FROM THE CURRENT

03:27COMMERCIAL C ZONING TO A

03:30PROPOSED INDUSTRIAL II ZONING

03:32FOR APPROXIMATELY 1,237,104FT2

03:3828.40 ACRES TO A PROPOSED

03:41PRESERVATION PV ZONING FOR

03:44APPROXIMATELY 1,811,831FT2,

03:4941.5 ACRE, 41.59 ACRES OF

03:53MULTIPLE CITY OWNED PARCELS FOR

03:55A TOTAL OF APPROXIMATELY

04:003,048,935FT2 OR 69.99 ACRES.

04:04RECOMMENDATIONS CITY PLANNING

04:06STAFF RECOMMENDS APPROVAL.

04:09MORNING.

04:10>> GOOD MORNING MADAM HEARING

04:12EXAMINER FOR THE RECORD ANTHONY

04:14SANTORO, SENIOR PLANNER

04:15DEVELOPMENT.

04:15SERVICES UH, WOULD.

04:18>> YOU LIKE TO HEAR ABOUT THE

04:19NOTICING OF THE CASES?

04:20ABSOLUTELY.

04:20>> SO IN REGARDS TO NOTICING

04:22FOR THIS CASE, STAFF MAILED

04:25NOTICE TO ALL SURROUNDING

04:26PROPERTY OWNERS WITHIN 500FT.

04:28WE ALSO PLACED AN AD IN THE

04:30LOCAL PAPER OF RECORD

04:32ADVERTISING DATE AND TIME AND

04:33LOCATION OF THE HEARING AND WE

04:35ALSO PLACED SIGNS ON THE

04:36SUBJECT PROPERTY ADVERTISING

04:38TIME, DATE AND PLACE OF THE

04:40PROPOSED HEARING.

04:41OKAY VERY GOOD.

04:42THANK YOU.

04:43UH, BEFORE BEGINNING I WOULD

04:44LIKE TO UM, HAVE MY STAFF

04:47REPORT BE INCORPORATED INTO THE

04:49RECORD AS THE RECOMMENDATION

04:51AND ANALYSIS CONTAINED WITHIN

04:53WILL BE SPOKEN TO DURING MY

04:55PRESENTATION.

04:56SO GREG.

04:57AND I WOULD ALSO LIKE TO BE

04:58RECOGNIZED AS AN EXPERT IN THE

04:59FIELDS OF CITY PLANNING AND

05:02URBAN DESIGN BASED ON MY

05:03CREDENTIALS WHICH ARE ON FILE

05:04WITH THE CITY CLERK'S OFFICE

05:05AND MY PREVIOUS TESTIMONY

05:07BEFORE THIS BODY IN PREVIOUS

05:09CASES UH, SUCH AS THAT ARE AKIN

05:11TO THIS ONE.

05:12I WILL FIND THAT YOU'RE AN

05:13EXPERT, MR. SANTORO.

05:14THANK YOU.

05:15SO BEGINNING WITH THIS THIS IS

05:16CASE RCN 20 6-000006.

05:20THIS IS A CITY INITIATED LARGE

05:23SCALE REZONING REQUEST FOR CITY

05:24OWNED PROPERTIES.

05:25THIS IS MULTIPLE PROPERTIES

05:26THAT ARE ALONG KISMET PARKWAY.

05:28UH THIS IS IN THE NORTHEAST

05:30CAPE CORAL RIGHT NEXT TO AND

05:32WAS PART OF THE OLD ACADEMIC

05:33VILLAGE SITE.

05:34THE REQUEST IS TO TAKE THE

05:36CURRENT COMMERCIAL ZONING OF

05:38THE ENTIRE PARCEL OF THE ENTIRE

05:40MULTIPLE PARCELS AND SPLIT IT

05:42INTO INDUSTRIAL AND

05:44PRESERVATION.

05:45THIS IS A FOLLOW UP TO A FUTURE

05:47LAND USE AMENDMENT THAT WAS

05:48APPROVED BY CITY COUNCIL

05:49ORDINANCE OH ONE DASH 26, WHICH

05:52HAD AMENDED THE FUTURE LAND USE

05:53UH TO INDUSTRIAL AND NATURAL

05:56PRESERVE.

05:57AND THIS IS JUST THE FOLLOW UP

05:58REZONING TO THAT TO ALIGN THESE

06:00ZONING DISTRICTS.

06:01SO HERE WE CAN SEE A LITTLE BIT

06:03OF BACKGROUND INFORMATION.

06:03THE SUBJECT AREAS THAT ARE IN

06:06QUESTION ARE ALL CITY OWNED.

06:08THEY ARE ALL CURRENTLY

06:10UNDEVELOPED AND VACANT.

06:11THERE IS AN EXISTING INDUSTRIAL

06:13PARK THAT IS CURRENTLY

06:15DEVELOPED TO THE WEST.

06:16TO THE EAST IS CURRENT

06:17COMMERCIAL LAND THAT IS VACANT

06:19AND TO THE SOUTH IS A LOT OF

06:21VACANT LAND UH THAT IS MULTI

06:23ZONED AND THEN TO THE NORTH IS

06:25UH MORE COMMERCIAL LAND WHICH

06:27HAS LIGHT DEVELOPMENT ON IT

06:28WHICH IS PRIMARILY VACANT.

06:30UH YOU CAN SEE A LITTLE BIT OF

06:31THE FUTURE LAND USE HISTORY IS

06:33A LITTLE BIT UH OF A JOURNEY.

06:36IT STARTED AS INDUSTRIAL AND

06:38MULTIFAMILY UH WAS MADE INTO

06:40COMMERCIAL PROFESSIONAL AND

06:41PUBLIC FACILITIES WHICH THEN

06:43WENT INTO ALL COMMERCIAL THEN

06:45MIXED USE AS PART OF THE

06:46ACADEMIC VILLAGE AND THEN JUST

06:48RECENTLY WAS REVERTED BACK TO

06:50THAT INDUSTRIAL AND PRESERVED

06:52THROUGH ORDINANCE OH ONE DASH

06:5426 AND LIKEWISE THE ZONING

06:55FOLLOWED A SIMILAR PATTERN WITH

06:57MULTIPLE RED ZONES UNTIL ITS

06:59CURRENT COMMERCIAL ZONING THAT

07:00OCCURRED UH AT THE TIME OF THE

07:02ACADEMIC MIXED USE UH FUTURE

07:05LAND USE.

07:05SO THIS PROPOSED REZONING IS

07:07LIKE I SAID, TO ALIGN THE

07:08ZONING DISTRICTS WITH THE

07:09CURRENT FUTURE LAND USE

07:11CLASSIFICATION AND ALLOW FOR

07:12ANY TYPES OF FUTURE DEVELOPMENT

07:14ON THE INDUSTRIAL PORTIONS TO

07:15OCCUR.

07:16THERE IS AN EXISTING

07:17CONSERVATION EASEMENT THAT

07:19EXISTS ON THE UH PRESERVE AREA

07:22AND THE UM PRESERVE ZONING

07:25CLASSIFICATION WILL ALSO ALLOW

07:28ADDITIONAL UM CITY MEASURES TO

07:30HELP PRESERVE THAT AREA AS WELL

07:32.

07:32SO HERE WE CAN SEE THE TWO

07:34AREAS OF THE SUBJECT REZONE

07:36HIGHLIGHTED IN BLUE AND RED.

07:37YOU CAN SEE THE SUBJECT PARCEL

07:39ONE HIGHLIGHTED IN BLUE HERE.

07:41THIS WILL BE THE INDUSTRIAL

07:42PORTION OF IT AND YOU CAN SEE

07:43TO THE EAST OR EXCUSE ME TO THE

07:46WEST HERE THE EXISTING

07:48INDUSTRIAL UH PARK THAT HAS

07:50BEEN DEVELOPED HERE AND YOU CAN

07:52SEE IN RED THIS IS THE ACTUAL

07:53PRESERVE WHERE THERE IS A MIX

07:55OF UPLANDS AND WETLANDS WITHIN

07:57UH THE AREA AND AGAIN THIS

07:59COINCIDES EXACTLY WITH THE

08:00BOUNDARIES OF THE EXISTING

08:02CONSERVATION EASEMENT THAT IS

08:03PLACED ALONG THESE MULTIPLE

08:04PROPERTIES.

08:05YOU CAN SEE TO THE SOUTH

08:06THERE'S A SMATTERING OF LIGHTLY

08:08DEVELOPED SINGLE FAMILY

08:10RESIDENTIAL HOMES OVER A

08:11COUPLE, UH, ZONING DISTRICTS

08:13AND THEN TO THE EAST VACANT

08:14LAND IN THE COMMERCIAL ALONG

08:15DEL PRADO AND THEN TO THE NORTH

08:17SOME LIGHT INDUSTRIAL UH BUT

08:19MAINLY VACANT AREAS.

08:21SO HERE YOU CAN SEE THE

08:22EXISTING FUTURE LAND USE MAP

08:24YOU CAN SEE TO AGAIN TO THE

08:25WEST BASICALLY BUT WE JUST

08:26SUMMARIZE THE INDUSTRIAL

08:28PORTIONS TO THE EAST THE MIXED

08:29USE LAND USE CLASSIFICATIONS

08:32AND THEN TO THE SOUTH

08:33COMMERCIAL AND PARKS AND REC

08:36DESIGNATIONS.

08:36AND HERE YOU CAN SEE THE

08:38EXISTING ZONING WITH THE AREAS

08:40TO THE WEST ALIGNING WITH THAT

08:42INDUSTRIAL TO THE SOUTH WITH

08:43THE COMMERCIAL AND SINGLE

08:45FAMILY RESIDENTIAL AND THEN

08:46THIS AREA ALL CURRENTLY AS THE

08:48COMMERCIAL.

08:49SO THE REQUEST IS TO TAKE THESE

08:50TWO PARCELS ONE TO INDUSTRIAL

08:52TO ALLOW FOR FUTURE EXPANSION

08:54OF THAT INDUSTRIAL PARK ON THE

08:55CITY OWNED PROPERTY AND THEN

08:57THE PRESERVATION AREA

08:59HIGHLIGHTED IN THE BLUE AREA

09:00HERE AGAIN JUST TO MAKE SURE

09:02THAT WE ARE PRESERVING AND

09:04ALIGNING THOSE UH, ZONING WITH

09:06THE CONSERVATION AREA AND LAND

09:08USE CLASSIFICATION.

09:09SO AS REQUIRED BY THE LDC, WE

09:11ANALYZED THIS THROUGH UH

09:13CRITERIA CONTAINED IN LDC

09:15SECTION 3.4.6 CRITERIA B1 AND

09:19THROUGH B6 AND WE FOUND THAT

09:21THE CRITERIA WAS CONSISTENT

09:22WITH ALL SIX OF THE CRITERIA.

09:25AND UH EXCUSE ME UH AND IF

09:28MADAME HEARING EXAMINER LIKES I

09:29CAN GO INTO MORE DETAIL.

09:31UM BUT FOR SAKE OF BREVITY I'M

09:33JUST GOING TO HIGHLIGHT THAT WE

09:35DID FIND IT TO BE CONSISTENT

09:35UH, AS ANALYZED IN THE STAFF

09:38REPORT, UH, LOOKING INTO

09:39CRITERIA NUMBER ONE A LITTLE

09:41BIT MORE THIS IS THE ANALYSIS

09:42IN REGARDS TO THE COMPREHENSIVE

09:44PLAN, STAFF FOUND THAT THE

09:45REQUEST WAS CONSISTENT WITH TWO

09:46ELEMENTS OF OUR COMPREHENSIVE

09:48PLAN THAT BEING POLICY 1.15 AND

09:50OBJECTIVE 11 OF OUR FUTURE LAND

09:52USE ELEMENT.

09:53WE ALSO HAD THIS REQUEST

09:55ANALYZED THROUGH OUR FIRE AND

09:57POLICE DEPARTMENT TO DETERMINE

09:58TYPES OF IMPACTS.

09:59UH FIRE HAD NOTED THAT THERE

10:01WOULD BE A MODERATE IMPACT TO

10:02FIRE SERVICES ANTICIPATED WHEN

10:04AND IF DEVELOPMENT WERE TO

10:05OCCUR AGAIN THIS WOULD BE

10:07PRIMARILY ON THE INDUSTRIAL

10:08PORTION OF IT SINCE THE

10:09PRESERVATION AREA WITH THE

10:11CONSERVATION EASEMENT IS

10:12BASICALLY UM DEVELOPABLE.

10:13UH LIKEWISE WITH POLICE THEY

10:16NOTED A MINOR IMPACT TO THE

10:17POLICE SERVICES ANTICIPATED.

10:19SO GIVEN THE ANALYSIS CONDUCTED

10:21IN REGARDS TO THIS CASE, STAFF

10:23IS RECOMMENDING APPROVAL OF THE

10:26APPLICATION TO REZONE THESE

10:28AREAS OF THESE PROPERTIES FROM

10:29THE COMMERCIAL TO THE REQUESTED

10:31INDUSTRIAL AND PRESERVATION

10:33LAND UH ZONING DISTRICTS FOR

10:35THESE AREAS UH PRIOR TO THE

10:38HEARING, STAFF HAS RECEIVED NO

10:39CORRESPONDENCE EITHER WRITTEN

10:40OR UH VOICE COMMUNICATION IN

10:42REGARDS TO THIS AND I WILL

10:44STAND BY WITH ANY QUESTIONS YOU

10:45MAY HAVE.

10:47BUT BUT FOR THE UM MINOR IMPACT

10:50OF POLICE AND FIRES ANY OTHER.

10:53UM ISSUES WITH NEIGHBORHOODS

10:55IMPACT OR.

10:56SO WE ATE WHEN WE ANALYZED THE

10:58FUTURE LAND USE UH ELEMENT UH

11:01FUTURE LAND USE AMENDMENT.

11:02EXCUSE ME WE DO DO UH EXTENSIVE

11:04IMPACT ANALYSIS IN REGARDS TO

11:07WATER SEWER, UM, PUBLIC UH,

11:10INFRASTRUCTURE PARKS AND REC.

11:12UH AND BASICALLY WHAT WE HAD

11:13DETERMINED IS THAT THE CURRENT

11:15CLASSIFICATION OF THE

11:17COMMERCIAL LAND USE THAT IS

11:19PERMISSIBLE OUR COMMERCIAL LAND

11:21USE AND ZONING THAT ARE

11:22PERMISSIBLE ON IT UNDER THE

11:25INDUSTRIAL USE.

11:27THE COMPREHENSIVE PLAN

11:30BASICALLY STATES AND POLICY

11:321.15 THAT INDUSTRIAL USES OR

11:34CITY UH OFFICE USES ARE

11:36ACTUALLY TO BE DEVELOPED AT THE

11:39A MAXIMUM CONSISTENCY WITH OUR

11:43COMMERCIAL DISTRICTS.

11:43SO THERE WOULD ACTUALLY BE A

11:45PARALLEL IMPACT AND THEREFORE

11:47NO ADDITIONAL IMPACT OKAY.

11:48NOW WE ALSO DID ANALYZES THAT

11:50REQUIRED AND UH BOTH THIS UH

11:53SECTION CRITERIA B TWO AND

11:55THREE AS WELL AS THE FUTURE

11:57LAND USE POTENTIAL IMPACTS ON

11:58SURROUNDING NEIGHBORHOODS.

11:59AND WHAT WE FOUND WAS WITH THE

12:01EXISTING NEIGHBORHOOD

12:03NEIGHBORHOOD TO THE WEST WHICH

12:04IS THE INDUSTRIAL PARK THAT

12:05WOULD SHARE THE SAME ZONING AND

12:07LAND USE CLASSIFICATION AND

12:09THEREFORE IT WOULD BE PRETTY

12:10MUCH IN ALIGNMENT WITH IT.

12:11TO THE EAST WOULD BE THE

12:13PRESERVE AND THE COMMERCIAL

12:15AREAS WELL, OBVIOUSLY THE

12:17PRESERVE WITH NOTHING BUILT ON

12:18IT YOU KNOW, IT'S VERY LOW

12:19IMPACT AND THE INDUSTRIAL HAS

12:22BASICALLY UH FOR OUR

12:24COMPREHENSIVE PLAN TO BE

12:25DEVELOPED AT SIMILAR STANDARDS

12:26TO A COMMERCIAL IN TERMS OF

12:28DENSITY AND INTENSITY.

12:29SO THOSE WOULD BE

12:30INTERCHANGEABLE TO THE SOUTH.

12:31WHAT WE ACTUALLY SEE IS WHILE

12:33THERE'S A SCATTERING OF

12:35EXISTING SINGLE FAMILY

12:36DWELLINGS, WHAT WE SAW IN THE

12:37PREVIOUS SLIDES WAS THAT IT'S

12:38ACTUALLY COMMERCIAL ALONG

12:40KISMET WITH A PARKS AND REC

12:42AREA THAT IS DEVELOPED DIRECTLY

12:43ACROSS FROM IT.

12:44SO BOTH OF THOSE ARE REALLY

12:46NONRESIDENTIAL AND WOULDN'T

12:47HAVE MUCH OF AN IMPACT.

12:49HOWEVER, BASED ON THE PHYSICAL

12:51SEPARATION THAT DOES EXIST

12:52BETWEEN KISMET IN THIS OR

12:53BETWEEN THOSE SITES AND THIS

12:54SITE PROVIDED BY KISMET ANY

12:56IMPACT WOULD BE VERY MINOR.

12:58UM, OUTSIDE OF THAT, ANY

13:00SURROUNDING RESIDENTIAL

13:01NEIGHBORHOODS ARE IN SUCH A

13:02DISTANCE AWAY THAT THERE SHOULD

13:04BE VERY MINIMAL IMPACT FROM ANY

13:05TYPES OF DEVELOPMENT ON THIS

13:07AND WHAT ONE OF THE THINGS I DO

13:09ALSO WANT TO STATE IS WHAT WE

13:10SEE IN THIS IS A EXPANSION OF

13:13THE CURRENT INDUSTRIAL PARK

13:14THAT SITS TO THE WEST WHICH UH

13:16IS PRETTY MID TO LOW INTENSITY

13:19INDUSTRIAL UNITS.

13:19IT'S NOT ANYTHING THAT'S HIGH

13:21INTENSITY UM AND YOU KNOW IT IS

13:25CITY CONTROLLED AND OWNED.

13:26SO WE WOULD HAVE YOU KNOW FIRST

13:27RATE OF SAYING WHAT IS NOT TO

13:29BE DEVELOPED ON THERE BUT DOES

13:31THAT HELP ANSWER YOUR QUESTION

13:32.

13:32YES IT DOES.

13:33THANK YOU.

13:33OKAY.

13:34UM UH ANYBODY HERE FROM THE

13:38PUBLIC WANT TO SPEAK TO THIS

13:40PARTICULAR ISSUE OR THIS

13:41PARTICULAR CASE?

13:43NO.

13:43>> OKAY.

13:44>> NO PUBLIC HEARING, NO PUBLIC

13:46UH, COMMENTS.

13:47UM, OKAY.

13:49BASED ON THE RECOMMENDATION I

13:52APPROVE I WILL APPROVE, RIGHT.

13:54THANK YOU VERY MUCH.

13:55THIS REZONING.

13:56THANK YOU.

13:59OKAY.

14:00>> MADAM CLERK, WE'RE READY FOR

14:02NUMBER TWO.

14:05CASE NUMBER SP 20 6-000005

14:12APPLICANT 825 SANTA BARBARA

14:14BOULEVARD LLC ADDRESS 825 SANTA

14:18BARBARA BOULEVARD ACREAGE 2.52

14:21ACRES REQUEST A SPECIAL

14:24EXEMPTION FOR AN ASSISTED

14:25LIVING FACILITY USE IN THE

14:27RESIDENTIAL MULTIFAMILY LOW R

14:29ML DISTRICT AT 825 SANTA

14:32BARBARA BOULEVARD

14:34RECOMMENDATION CITY PLANNING

14:35STAFF RECOMMENDS APPROVAL WITH

14:38CONDITIONS.

14:40OKAY GOOD MORNING MADAM HEARING

14:41EXAMINER FOR THE RECORD CHAD

14:42BOYKO PRINCIPAL PLANNER WITH

14:44THE CITY'S PLANNING DIVISION.

14:45UH, BEFORE THE APPLICANT GIVES

14:46A PRESENTATION I WILL STATE ON

14:47THE RECORD THAT THIS CASE WAS

14:48PROPERLY ADVERTISED.

14:49WE POSTED AN AD IN THE

14:51NEWSPAPER OF LOCAL CIRCULATION.

14:52WE'VE PLANTED A SIGN ON THE

14:54SITE AND WE ALSO, UH, EMAILED

14:56LETTERS TO RESIDENTS WITHIN

14:58500FT OF THE SUBJECT SITE AND

14:59ALL OF THIS WAS DONE TEN DAYS

15:00PRIOR TO THIS HEARING.

15:02I WILL FIND PROPER NOTICE.

15:03>> I'LL NOW TURN IT OVER TO THE

15:04APPLICANT.

15:09GOOD MORNING.

15:10MORNING HEARING EXAMINER MY

15:12NAME IS JEREMY SNOW, URBAN LAND

15:14PLANNER AT BAROCCO AND

15:16ASSOCIATES.

15:17UM I APOLOGIZE I FAILED TO TO

15:20SEND THE DIGITAL SLIDESHOW UH,

15:22BY FRIDAY BUT THIS IS A REALLY

15:24SIMPLE CASE.

15:25UM.

15:26THE WE REPRESENT THE APPLICANT,

15:29WE HAVE REVIEWED THE STAFF

15:30REPORT AND WE ARE IN AGREEMENT

15:32WITH THEIR APPROVAL WITH THE

15:34FOUR CONDITIONS.

15:35SO IN PURSUANT OF SECTION UM

15:393.1. 11 D3 IF UM THERE IS NO

15:44ONE HERE TO PUBLICLY SPEAK ON

15:46THIS CASE, THEN WE WAIVE THE UH

15:49RIGHTS TO.

15:51>> TO TO.

15:52UH HEAR UH ANYTHING.

15:56SO SORRY.

15:57THAT'S ALL RIGHT.

15:58UM BUT THE THE CASE IS TO THE

16:02825 SANTA BARBARA BOULEVARD AND

16:05IT IS A HISTORIC, UH, ASSISTED

16:07LIVING FACILITY.

16:08IT WAS ESTABLISHED AND BUILT IN

16:121987.

16:12IT HAD A SPECIAL EXCEPTION UM,

16:15THROUGHOUT THE ENTIRE TIME, BUT

16:17IT WAS ABANDONED DUE TO BEING

16:19DISCONTINUED OF THE USE.

16:20IT'S IN A PROPERTY TRANSACTION

16:22NOW AND, UH, THEY WOULD LIKE TO

16:25REDEVELOP THE SITE UM, AND HAVE

16:28UH AN ASSISTED LIVING FACILITY

16:30SO THE SITE MEETS ALL CURRENT

16:32SETBACKS.

16:33IT'S CONSISTENT WITH UM THE

16:35COMPREHENSIVE PLAN AND THE LDC

16:37.

16:37AS WELL.

16:38>> THANK YOU.

16:41>> OKAY.

16:41THANK YOU.

16:49OKAY.

16:50>> UH, ONCE AGAIN, UH, CHAD

16:54BOYD, YOUR PRINCIPAL PLANNER

16:55WITH THE CITY'S PLANNING

16:56DIVISION.

16:56UH, BEFORE I GIVE MY

16:57PRESENTATION, UH, I'D LIKE TO

16:58BE RECOGNIZED AS AN EXPERT

16:59WITNESS, UH, BASED UPON MY

17:01CREDENTIALS THAT ARE SUBMITTED

17:02WITH THE CITY CLERK'S OFFICE

17:04AND THEN, UH, MY EXPERIENCE AND

17:06WITH THE CITY AND PRESENTING IN

17:08FRONT OF, UH, THE HEARING

17:09EXAMINER PLANNING ZONING

17:10COMMISSION AND THEN CITY

17:11COUNCIL AS WELL.

17:12YOU ARE AN EXPERT WITNESS.

17:14THANK YOU VERY MUCH.

17:14UH, THIS IS SPECIAL EXCEPTION

17:1626 UH FIVE UH, THE APPLICANT IS

17:19LOOKING FOR A AN ASSISTED

17:20LIVING FACILITY.

17:22UH, THE ADDRESS IS 825 SANTA

17:24BARBARA BOULEVARD.

17:25UH, SITE IS RELATIVELY OLD.

17:26IT WAS DEVELOPED BACK IN 1987.

17:28UH, OVER THE COURSE OF TIME IT

17:29HAS OPERATED VARIOUS MEDICAL

17:31FACILITIES WITHIN THE BUILDING

17:33AND HAS HOSTED PREVIOUS

17:35ASSISTED LIVING FACILITIES.

17:36UH, THERE WAS AS MENTIONED BY

17:38THE APPLICANT THERE WAS A

17:39PREVIOUSLY ESTABLISHED

17:41EXCEPTION BUT THAT WAS

17:42ABANDONED DUE TO A DISCONTINUED

17:43USE AND NOW WITH A NEW OWNER

17:44LOOKING TO COME IN, THEY'D LIKE

17:45TO REESTABLISH THAT SPECIAL

17:47EXCEPTION FOR AN ALF.

17:49UH, THE BUILDING IS FOR SALE

17:50AND THEY'RE LOOKING TO

17:51ESTABLISH A NEW MENTAL HEALTH

17:52FACILITY AT THIS LOCATION.

17:54HERE'S AN AERIAL OF THE SITE.

17:56UH, YOU CAN SEE THAT IT'S

17:57ALREADY DEVELOPED.

17:58UH, THERE ARE THERE IS A, UH,

18:01CHURCH THAT IS LOCATED TO THE

18:02NORTH IS A NONRESIDENTIAL USE.

18:04THERE ARE TWO OTHER ASSISTED

18:06LIVING FACILITIES THAT ARE TO

18:07THE WEST AND TO THE SOUTH OF

18:08THIS SITE TO THE EAST YOU HAVE

18:11A RESIDENTIAL SUBDIVISION THAT

18:12IS ESTABLISHED WITH A

18:13RELATIVELY LARGE BUFFER AND

18:15THEN THE REMAINDER OF THE UH

18:17DEVELOPMENT TO THE NORTH AND TO

18:18THE EAST IS ALSO RESIDENTIAL

18:20DEVELOPMENT AS WELL.

18:21AND THE CURRENT ZONING OF THE

18:22SITE IS RESIDENTIAL MULTIFAMILY

18:25LOW AS INDICATED BY THE BROWN

18:27UH THE SITE HAS A LITTLE BIT OF

18:28A UNIQUE SHAPE AND THE FACT

18:29THAT THE ACCESS IS A UH,

18:31RELATIVELY SMALL ACCESS THAT IS

18:33OFF OF SANTA BARBARA BOULEVARD

18:34THEN YOU HAVE A LONG DRIVEWAY

18:35LEADING INTO THE SITE THAT, UH,

18:37FOR ABOUT 200FT UH, THE

18:39SURROUNDING ZONING TO THE SOUTH

18:40AND TO THE WEST IS COMMERCIAL

18:43ZONING, TO THE NORTH IS SINGLE

18:44FAMILY RESIDENTIAL AND ALSO

18:45WITH THAT RESIDENCE SUBDIVISION

18:46TO THE EAST YOU ALSO HAVE THE

18:48R1 ZONING.

18:49SO THE FIRST THING THAT WE

18:50LOOKED AT FOR THIS WAS LOOKING

18:52AT CONSISTENCY WITH THE

18:53CONFERENCE OF PLAN PLANNING

18:55STAFF FINDS THAT THE FUTURE

18:56LAND USE AND THE ZONING ARE

18:57CONSISTENT ON THE SITE.

18:59UH ASSISTED LIVING FACILITIES

19:00ARE ALLOWED AS A SPECIAL

19:01EXCEPTION IN THE DISTRICT.

19:03UH WE MENTIONED PREVIOUS THAT

19:04THE SITE HAS BEEN DEVELOPED FOR

19:05SEVERAL YEARS AND IT CURRENTLY

19:07HAS ADEQUATE PARKING LANDSCAPE

19:09AND STORMWATER RETENTION TO

19:10ACCOMMODATE THE EXISTING

19:12DEVELOPMENT IS ON THE SITE.

19:13UH, SO THEREFORE STAFF FINDS

19:14THAT THE SPECIAL EXCEPTION IS

19:16CONSISTENT WITH POLICY 8.3

19:18OTHER OF THE FUTURE LAND USE

19:19ELEMENT WITHIN THE

19:20COMPREHENSIVE PLAN.

19:21UH FOLLOWING THAT WITHIN THE

19:23LAND DEVELOPMENT CODE THERE ARE

19:24FOUR STANDARDS FOR APPROVAL FOR

19:27SPECIAL EXCEPTIONS THAT STAFF

19:28LOOKS AT ANALYZES THE FIRST OF

19:30WHICH IS THAT THE SITE MUST BE

19:32SUITABLE FOR THE TYPE OF

19:33SPECIAL EXCEPTION PROPOSED BY

19:34VIRTUE OF ITS LOCATION, SHAPE,

19:37TOPOGRAPHY AND THE NATURE OF

19:38SURROUNDING DEVELOPMENT.

19:39UH, IT'S IT'S A DECENT DECENT

19:41SIZED SITE OVER TWO ACRES IN

19:43SIZE.

19:43UH IS NORTH OF A MAJOR

19:45COMMERCIAL INTERSECTION LOCATED

19:46AT SANTA BARBARA BOULEVARD AND

19:48NICHOLAS PARKWAY.

19:49UH, YOU DO HAVE NONRESIDENTIAL

19:51USES WITH THE CHURCH AND THE

19:52TWO OTHER ALWS THAT ARE TO THE

19:54TO THE WEST AND TO THE SOUTH.

19:56UH, SO YOU DO HAVE ESTABLISHED

19:58NONRESIDENTIAL USES WITHIN THAT

19:59AREA AND THEN WHILE YOU DO HAVE

20:01RESIDENTIAL HOMES THAT ARE

20:02ABUTTING TO THE EAST THAT IS

20:03WITHIN A RESIDENCE SUBDIVISION

20:04THAT HAS A RELATIVELY LARGE

20:06BUFFER OF 25FT AND THEY HAVE

20:08COINCIDED THERE UH, FOR SEVERAL

20:10YEARS WITHOUT ANY COMPATIBILITY

20:12ISSUES.

20:12UH, TONIGHT TO NOTE THE SECOND

20:15STANDARD AS WE LOOK TO MAKE

20:16SURE THAT ALL THE BUILDINGS

20:17THAT ARE ON THE SITE EITHER

20:19WILL ARE PROPOSED TO MEET THE

20:21SETBACKS AS GOVERNED BY THE

20:23ZONING DISTRICT.

20:23UH STAFF FINDS THAT THE

20:25EXISTING BUILDING MEETS OR

20:26EXCEEDS THE SETBACKS FOR THE

20:28DISTRICT, WHICH ARE 25FT FROM

20:30THE FRONT SIDE SETBACKS OF

20:327.5FT AND THE REAR SETBACKS OF

20:3420FT AND IT WELL OVER THOSE

20:36SETBACKS.

20:36UH, THE THIRD STANDARD IS WHERE

20:38WE HAVE TO LOOK AT POTENTIAL

20:40ADVERSE IMPACTS TO THE

20:41SURROUNDING PROPERTIES.

20:42UH, REALLY YOU ALREADY HAVE

20:43THREE NONRESIDENTIAL USES THAT

20:44ARE IN THREE DIRECTIONS FROM

20:46THE SITE.

20:46SO WE DON'T WE DON'T FIND THAT

20:48THERE WOULD BE ANY ADVERSE

20:49IMPACTS BECAUSE IT'S REALLY

20:51RELATIVELY THE SAME AS WHAT WE

20:52HAVE TO THE WEST AND TO THE

20:53SOUTH AND THEN WITH THE WITH

20:54THE SINGLE-FAMILY HOMES REALLY

20:57WITH ALF'S YOU DON'T HAVE A LOT

20:58OF VISITORS THAT ARE COMING.

20:59IT'S NOT A TRADITIONAL, YOU

21:00KNOW, COMMERCIAL DEVELOPMENT UH

21:02HOURS OF OPERATION ARE 24 HOURS

21:04A DAY, SEVEN DAYS A WEEK.

21:05HOWEVER WE THE APPLICANT HAS

21:08INDICATED IN THE REPORT THAT

21:08THEY LOOKED AT, UH, REALLY

21:10LIMIT THE DELIVERIES BETWEEN 8

21:12TO 5, WHICH IS YOUR NORMAL

21:13WORKING HOURS?

21:14UH, USUALLY THE ONLY TRAFFIC

21:15GENERATION IS FROM EMPLOYEES

21:17COMING TO AND FROM THE SITE AND

21:18THE OCCASIONAL VISIT BY FAMILY

21:19OR SO YOU'RE NOT LOOKING AT A

21:21LARGE AMOUNT OF TRIP GENERATION

21:22THAT WOULD UH, BE, YOU KNOW,

21:25DELIVERED BY THIS SITE AND THEN

21:27AS OF AS OF RIGHT NOW THE

21:28APPLICANT IS NOT PROPOSING TO

21:29EXPAND TO THE BUILDING OR TO OR

21:31TO THE SITE.

21:32UH, SO OUR RECOMMENDATION IS

21:34THAT THROUGH ANALYSIS OF THE

21:36CAPITAL COMPREHENSIVE PLAN AND

21:37THE LAND DEVELOPMENT CODE STAFF

21:38FINDS THAT THE PROPOSED SPECIAL

21:39EXCEPTION IS CONSISTENT WITH

21:41BOTH OF THOSE DOCUMENTS AND THE

21:42SURROUNDING AREA AND THEREFORE

21:44STAFF RECOMMENDS APPROVAL OF

21:45THE SPECIAL EXCEPTION WITH THE

21:47CONDITIONS THAT ARE ON THE

21:48REPORT WHICH I HAVE AND A

21:49FURTHER SLIDE IF YOU WANT TO

21:49SEE THEM OR JUST BE READ IN THE

21:51RECORD AS PART OF THE REPORT.

21:52UM YOU CAN READ THEM OR I CAN

21:56OKAY.

21:56SO THE FOUR CONDITIONS THAT WE

21:57HAVE PROPOSED FOR THIS IS THAT

21:59THE UH, PROPOSED THE APPROVED

22:01SPECIAL EXCEPTION FOR THE ALF

22:02SHALL BE LIMITED TO THE

22:03PROPOSED MENTAL HEALTH FACILITY

22:04AND NO OTHER ADDITIONAL

22:06EXPANSION TO THE SITE.

22:07UH, THE DAILY OPERATING HOURS

22:08FOR VISITORS DELIVERIES AND

22:09OTHER SHALL BE LIMITED TO UH

22:11HOURS BETWEEN 8 A.M. AND 5 P.M.

22:15UH, WE SHALL NOT HAVE ANY

22:16SUPPLIES MATERIAL STORED ON THE

22:18OUTSIDE OF THE BUILDING OR THE

22:19SITE AND THEN UH, AS WE DO WITH

22:21ALL COMMERCIAL DEVELOPMENTS, WE

22:22WANT ANY NEWLY INSTALLED

22:24LIGHTING TO BE INSTALLED AND

22:25DIRECTED AWAY FROM ADJACENT

22:27PROPERTIES AND RIGHTS OF WAY TO

22:28LIMIT LIGHT INTRUSION ONTO THE

22:30SURROUNDING PARCELS.

22:31PERFECT.

22:32>> THANK YOU.

22:33UM.

22:35IS THERE ANYBODY FROM THE

22:36PUBLIC THAT WISHES TO SPEAK ON

22:38THIS?

22:40NO.

22:40>> SO NO PUBLIC HEARING?

22:42UM, THANK YOU SO MUCH, MR. SNOW

22:46.

22:46CAN YOU, UH, COME BACK UP FOR A

22:47SECOND?

22:50I JUST WANT TO MAKE SURE ON THE

22:52RECORD THAT.

22:53UM.

22:54>> YOU'RE THE APPLICANT.

22:56DO YOU ACCEPT THESE CONDITIONS

23:01AS STATED ON THE RECORD?

23:03YES.

23:03>> ABSOLUTELY NO QUESTION.

23:05YEAH ABSOLUTELY NO QUESTION.

23:06AND YOU'LL ABIDE BY THEM BY.

23:08>> THE WAY?

23:09YES.

23:09>> CORRECT MADAM.

23:10VERY GOOD.

23:11>> THANK YOU.

23:11ALL RIGHT.

23:12SO, UM, BASED ON THAT I WILL,

23:15UM, APPROVE THE RECOMMENDATION

23:17OF THE CITY COURT TO GRANT THE

23:20SPECIAL EXCEPTION AND BASED, OF

23:23COURSE, UH, ON MR. SNOW'S

23:25ACCEPTANCE OF THE CONDITIONS.

23:26ALL RIGHT.

23:27THANK YOU VERY MUCH.

23:30UM, MADAM CLERK, LET'S.

23:31TURN IT.

23:32>> CASE NUMBER BACK 20 6-000005

23:42APPLICANT 1308 ANDALUSIA LLC

23:47ADDRESS 1308 ANDALUSIA

23:50BOULEVARD ACREAGE 3000FT2.

23:54REQUEST THE APPLICANT REQUEST

23:56TO VACATE A 25 FOOT WIDE

23:59PLATTED EASEMENT TOTALING

24:013000FT2 ALONG THE WESTERN SIDE

24:02OF THE PARCEL.

24:03THE VACATION IS SOUGHT TO

24:05PROVIDE FOR A LARGER BUILDING

24:07FOOTPRINT FOR A FUTURE

24:09MULTIFAMILY DEVELOPMENT.

24:10THE SITE WAS RECENTLY APPROVED

24:13FOR A FIVE UNIT MULTIFAMILY

24:16DEVELOPMENT SDP 20 5-000057

24:21CITY PLANNING STAFF RECOMMENDS

24:23APPROVAL WITH CONDITIONS.

24:27GOOD MORNING MADAM HEARING

24:29EXAMINER FOR THE RECORD CANDACE

24:30WARD PLANNER WITH THE CITY

24:31PLANNING DIVISION I AM HERE TO

24:32CONFIRM THAT THIS WAS PROPERLY

24:34NOTICED.

24:34WE DID PLACE AN AD IN THE LOCAL

24:36NEWSPAPER UM MAILING LETTERS

24:38WERE SENT OUT TO ALL RESIDENTS

24:39WITHIN 500FT AND A SIGN WAS

24:41POSTED ON SITE BEFORE THE

24:42HEARING.

24:43PERFECT THANK YOU I WILL FIND

24:46PROPERTIES THE APPLICANT.

24:52BE CAREFUL.

24:59HERE.

25:00>> UH.

25:00GOOD MORNING.

25:01EXCUSE ME I DON'T I'M NOT SURE

25:03HE WAS SWORN IN.

25:04I THINK HE CAME AFTER THE

25:05SWEARING IN.

25:06TO MAKE SURE.

25:08OKAY.

25:08>> YOU SOLEMNLY SWEAR HERE I AM

25:10HERE.

25:11DO YOU SOLEMNLY SWEAR OR AFFIRM

25:12THE TESTIMONY?

25:12GIVE ME THE TRUTH, THE WHOLE

25:13TRUTH AND NOTHING BUT THE TRUTH

25:14.

25:15ABSOLUTELY YES.

25:16>> AND WHAT IS YOUR NAME, SIR.

25:17DANIEL JOHNSON.

25:19AND YOU ARE THE APPLICANT?

25:22I AM THE REPRESENTATIVE FOR THE

25:24APPLICANT.

25:24OKAY.

25:25>> ALL RIGHT.

25:28IT'S ALL YOU.

25:29UH.

25:30>> WELL, I WILL FOLLOW THAT UP

25:31.

25:31I AM DANIEL JOHNSON WITH MASTER

25:34ENGINEERING PROJECT MANAGER

25:35WITH MASTER ENGINEERING

25:37REPRESENTING THE PROPERTY OWNER

25:38.

25:39UH, ANDALUSIA LLC.

25:43UH FOR THIS REQUEST FOR A

25:46RESULT.

25:46AH.

25:46UH UM HE'S EASEMENT VACATION.

25:50THE PROPERTY IS LOCATED AT 1308

25:52ANDALUSIA BOULEVARD.

25:54IT'S KIND OF BETWEEN DIPLOMAT

25:57AND PINE RIDGE ROAD.

25:59UM, AND ROUGHLY SOUTH OF UH

26:05NORTHEAST 13TH TERRACE.

26:07THE PROPERTY IS VACANT.

26:10IT IS ROUGHLY 0.41 ACRES IN

26:12SIZE.

26:13IT'S A PLATTED LOT.

26:15IT HAS PLATTED EASEMENTS PUBLIC

26:18UTILITY EASEMENTS ON THE NORTH

26:20EAST AND SOUTH SIDE AND A SIX

26:23FOOT WIDTH AND ON THE WEST SIDE

26:2525 FOOT WITH I REALLY DON'T

26:28KNOW WHY THERE WAS A 25 FOOT

26:30EASEMENT ON THE REAR PARCELS ON

26:31THE REAR PORTION OF THIS PARCEL

26:33BECAUSE IT GOES ALONG THE WHOLE

26:35LENGTH OF ANDALUSIA BOULEVARD,

26:36I HAVE NO IDEA WHAT IT WAS

26:38INTENDED BACK IN 1961 WHEN THIS

26:40PLAT WAS RECORDED.

26:41NOBODY SEEMS TO KNOW WHAT IT IS

26:43FOR IT DOESN'T HAVE ANY

26:44PARTICULAR PURPOSE FOR ANYBODY

26:45.

26:46SO WE, UH, TAINED THE LETTERS

26:48OF NO OBJECTION FROM ALL OF THE

26:50VARIOUS UTILITY COMPANIES,

26:52INCLUDING THE CITY BECAUSE THEY

26:53MAY HAVE AN INTEREST IN

26:54DRAINAGE BUT THEY HAVE NO

26:55INTEREST IN IT.

26:56SO WE ARE REQUESTING THE VACATE

27:01THE 25 FOOT EASEMENT AND

27:02REPLACE IT WITH SIX FOOT

27:03PLEASE.

27:04AS IS TYPICALLY THE CASE FOR

27:05ALL THE LOTS PLATTED LOTS

27:06WITHIN CITY CAPE CORAL I'VE

27:09READ THE STAFF REPORT.

27:11WE'VE READ THE STAFF REPORT.

27:13UM, WE DON'T FIND ANY

27:16OBJECTIONS TO IT IN ANY WAY AND

27:19I WILL INCORPORATE THAT INTO

27:21THIS PRESENTATION FOR PURPOSES

27:22OF EXPEDITING THIS PROCESS.

27:26UM, AND READ THE SPECIAL

27:28CONDITIONS ON HERE UM,

27:30INCLUSIVE OF THE ONES WITH THE

27:32ADDITIONAL CONTRIBUTION TO THE

27:34GENERAL TREE FUND AND WE DON'T

27:36EVICT TO THEM.

27:36SO WITH THAT I'LL DEFER TO THE

27:39PRESENTATION BY STAFF AND STAND

27:41BY FOR ANY QUESTIONS.

27:43SO THERE'S SIX THERE'S SIX UM

27:46YES CONDITIONS AND WHAT YOU

27:48JUST SAID YOU AGREED ALL OF

27:49THEM.

27:50YES OKAY.

27:51MOST OF THEM ARE YEAH.

27:53>> THE BIG ONE OF COURSE IS THE

27:54CONTRIBUTION TO THE GENERAL

27:55TREE FUND.

27:56BUT THERE'S NOTHING WE CAN DO

27:57ABOUT THAT.

27:57WE EITHER GET THE PROPERTY WE

27:58DON'T.

27:59RIGHT OKAY.

28:00PERFECT.

28:00THANK YOU SO MUCH.

28:17GOOD MORNING ONCE AGAIN CANDICE

28:19WARD WITH THE PLANNING

28:21DEPARTMENT.

28:21UH, THIS IS GOING TO BE

28:22VACATION 20 6-00005.

28:26AS PREVIOUSLY NOTED THE

28:28PROPERTY OWNERS ARE 1308

28:29ANDALUSIA LLC.

28:31THE LOCATION IS GOING TO BE

28:321308 ANDALUSIA BOULEVARD AND

28:34THE APPLICANT IS REQUESTING TO

28:36VACATE 3000FT2 OF PUBLIC

28:38UTILITY AND DRAINAGE EASEMENT

28:39ADJACENT TO LOTS 20 THROUGH 22

28:42THROUGH 24 BLOCK 2099, UNIT 31

28:45AND A CAPE CORAL SUBDIVISION

28:48AND THE LOCATION IS HIGHLIGHTED

28:49THERE IN RED ON THE SCREEN

28:50ALONG WITH A MAP SHOWING THE

28:52GENERAL LOCATION LOCATED WITHIN

28:53THE CITY.

28:56THE SITE CURRENTLY HAS R.M. L

28:58WHICH IS RESIDENTIAL

28:59MULTIFAMILY LOW DENSITY ZONING

29:00ON SITE WHICH IS LOCATED OR

29:02SHOWCASED IN THE LEFT MAP AND

29:04ON THE RIGHT IT DOES SHOW THE

29:06FEATURE USE MAP WHICH DOES

29:07INDICATE IT DOES HAVE A

29:08MULTIFAMILY RESIDENTIAL FUTURE

29:10LAND USE CLASSIFICATION A

29:12LITTLE BIT OF BACKGROUND ABOUT

29:13THE SITE THE SITE IS CURRENTLY

29:14A THREE LOT PLOTTED BUT IT'S

29:17COMPROMISE OF ABOUT 18,000FT2.

29:18THE SITE IS LOCATED WITHIN A

29:20PREDOMINANTLY RESIDENTIAL AREA

29:22OF THE CITY.

29:22IT UM DOES HAVE SINGLE FAMILY

29:25HOMES, DUPLEXES AND VACANT

29:27RESIDENTIAL SITES MIXED AND

29:29ADJACENT.

29:29IT'S CURRENTLY ABOUT 2000FT

29:32SOUTH OF DIPLOMAT PARKWAY AND

29:33ANDALUSIA BOULEVARD

29:34INTERSECTION, AND THE SITE WAS

29:36RECENTLY APPROVED FOR THE FIVE

29:38UNIT MULTIFAMILY DEVELOPMENT.

29:41THE AREA HIGHLIGHTED IN GREEN

29:44ON THE SCREEN IS THE AREA

29:45PROPOSED TO BE VACATED, WHICH

29:46IS THE 3000FT2 AS A SNIPPET

29:49FROM EXHIBIT A PROVIDED BY THE

29:51APPLICANT.

29:53AND THEN IN OUR LAND

29:55DEVELOPMENT CODE SECTION 3.4.5

29:57WE DO HAVE SOME STANDARDS WHEN

29:58IT DOES COME TO VACATION OF

30:00EASEMENTS UM THE CRITERIA

30:02INDICATED ARE STANDARD.

30:03ONE IS WHETHER THE PLOT

30:05EASEMENT OR RIGHTS OF WAYS ARE

30:06REQUIRED BY THE CITY FOR ANY

30:07FUTURE TRANSPORTATION ACCESS,

30:08WATER MANAGEMENT OR PUBLIC

30:09UTILITY PURPOSES.

30:11EXCUSE ME STAFF FINDS THE

30:12PROPOSED AREA LIES IN THE REAR

30:14OF THE PROPERTY SO IT'S NOT

30:15GOING TO HAVE ANY VALUE FOR

30:17TRANSPORTATION AND THE CITY

30:17WILL RETAIN THE REQUIRED SIX

30:19FOOT PERIMETER EASEMENT.

30:21STANDARD TWO IS ASKING WHETHER

30:22ANY REQUIRED EASEMENTS ARE

30:24NECESSARY TO ACCOMMODATE THE

30:25VACATION OF ANY PLOT EASEMENT

30:26OR RIGHT OF WAY.

30:27STAFF FINDS THAT THE CITY WILL

30:29RETAIN THE SIX FOOT REQUIRED

30:30UTILITY EASEMENT, SO NO

30:31ADDITIONAL EASEMENTS WILL BE

30:32REQUIRED AT THAT TIME.

30:33STANDARD THREE IS ASKING IF

30:35ALTERNATIVE ROUTES ARE REQUIRED

30:36OR AVAILABLE THAT DO NOT CAUSE

30:37ADVERSE IMPACTS TO SURROUNDING

30:39AREAS.

30:40STAFF FINDS THAT NO PUBLIC

30:41RIGHT OF WAYS ARE REQUESTED TO

30:42BE VACATED AT THIS TIME.

30:45STANDARD FOR IS ASKING IF THE

30:47CLOSURE OF THE RIGHT OF WAY

30:48WILL NEGATIVELY AFFECT AREAS

30:49UTILIZED FOR VEHICLES TO TURN

30:50AROUND AND EXIT AN AREA SINCE.

30:53UM EXCUSE ME THE VACATION AREA

30:55IS LOCATED ALONG THE REAR OF

30:56THE PROPERTY OR THE WESTERN

30:57PROPERTY LINE WHICH DOES ABUT A

30:59SINGLE FAMILY HOME.

31:01THE VACATION AREA WILL NOT

31:02RESULT IN A CLOSURE OR

31:03ALTERATION OF ANY ROADWAY FOR

31:05TRANSPORTATION PURPOSES.

31:06STANDARD FIVE IS GOING TO ASK

31:08WHETHER ANY LOCAL UTILITY

31:09PROVIDERS HAVE GIVEN CONSENT TO

31:11THE VACATION OF THE PLOT

31:12EASEMENT OR RIGHT OF WAY UM AND

31:14IF THE LOCAL UTILITY PROVIDERS

31:16REQUIRE ANY ADDITIONAL

31:17EASEMENTS OR RELOCATION OF

31:18EXISTING UTILITY FACILITIES TO

31:19COMPLETE THE VACATION, UM ALL

31:21THREE LOCAL UTILITY BIDDERS

31:23PROVIDED NO OBJECTION LETTERS.

31:25UM MOST OF THEM DID REQUIRE A

31:27STIPULATION THAT IF ANY OF

31:28THEIR UTILITIES OR EQUIPMENT

31:31WAS FOUND IN THE AREA, THE

31:32APPLICANT WOULD BE RESPONSIBLE

31:33FOR RELOCATING THEM AND THAT IS

31:35A CONDITION OF APPROVAL

31:36RECOMMENDED BY PLANNING STAFF

31:37AS WELL.

31:40OKAY CONSISTENCY WITH THE

31:42COMPREHENSIVE PLAN THE STAFF OR

31:43THE CITY LACKS SPECIFIC

31:46POLICIES WHEN IT COMES TO A

31:47COMPREHENSIVE PLAN FOR

31:48VACATIONS THAT INCLUDE

31:49RESIDENTIALLY ZONED LOTS.

31:50UM, SO WE DO HAVE THE FUTURE

31:52LAND USE ELEMENT IN TABLE ONE

31:54POLICY 1.15 WHICH INDICATES

31:56THAT THE RESIDENTIAL

31:58MULTIFAMILY LOW DENSITY OR

31:59RENTAL ZONING DISTRICT IS

32:01CONSISTENT WITH THE MULTIFAMILY

32:02OR MF FUTURE LAND USE

32:04CLASSIFICATION.

32:08UM THE MULTIFAMILY RESIDENTIAL

32:11DOES ALLOW UP TO 16 DWELLING

32:13UNITS PER ACRE FOR RENTAL

32:15ZONING.

32:15THE STAFF FINDS THAT WITH THE

32:17EXPANSION OF THE SITE UM, IT

32:19WILL HAVE LESS THAN THE 16

32:20DWELLING UNITS PER ACRE SO IT

32:22IS CONSISTENT WITH THAT AS

32:23WELL.

32:25PLANNING STAFF RECOMMENDS

32:27APPROVAL WITH CONDITIONS OF THE

32:29VACATION AND THE CONDITIONS ARE

32:30AT THE END.

32:30I CAN READ THEM IN IF REQUIRED

32:32.

32:32UM PRIOR TO THIS MEETING I DID

32:36RECEIVE TWO UM RESIDENTS

32:39REACHING OUT.

32:39I DID HAVE ONE VIA PHONE, ONE

32:40VIA EMAIL.

32:41THEY WERE NEITHER FOR NOR

32:42AGAINST THE PROPOSED VACATION.

32:43THEY SIMPLY HAD QUESTIONS AND

32:44REQUIRED MORE INFORMATION

32:46REGARDING WHAT THE REQUEST WAS

32:47FOR.

32:48OKAY, PERFECT.

32:49UM UM.

32:53I DO HAVE A QUESTION UM, ABOUT

32:55THE UTILITIES I WAS LOOKING AT

32:56THE UM THE.

32:58UH LETTER FROM LCC.

33:02MHM.

33:02>> AND WHAT ONE THING THAT THEY

33:04DID ASK IS IF THERE UM ANY

33:08SUBSTANTIAL CHANGES TO THE

33:09PLANS AS SUBMITTED THAT THEY

33:11REVIEWED UM UM THEY THEY WANT

33:13THEIR RIGHTS RESERVED TO

33:15FURTHER REVIEW THAT.

33:17CORRECT.

33:17>> SHOULD THAT BE IN THE.

33:20UM CONDITIONS?

33:23WE CAN CERTAINLY ADD IT AS A

33:24CONDITION OF APPROVAL.

33:25YES.

33:26OKAY.

33:26>> THAT WOULD BE MY THOUGHT

33:28OKAY.

33:29ABSOLUTELY.

33:29>> OKAY.

33:31>> UM UM YOU.

33:34>> CAN YOU CAN GO AHEAD AND

33:36READ THEM JUST SO THAT WE'RE ON

33:37THE RECORD.

33:37UH, OKAY.

33:39WHEN IT COMES TO THE CONDITIONS

33:40OF APPROVAL, UH, STANDARD ONE

33:42IS GOING TO BE THAT THE OWNER

33:43SHALL BE RESPONSIBLE FOR ANY

33:44COSTS ASSOCIATED WITH

33:46RELOCATING AND UTILITY ANY

33:48UTILITY PROVIDER FACILITIES

33:49THAT MAY BE AFFECTED BY THE

33:50VACATION IN THE EVENT ANY

33:52UTILITIES ARE DAMAGED DURING

33:53CONSTRUCTION ACTIVITIES, THE

33:54DEVELOPER SHALL BEAR THE COST

33:55OF RELOCATING THE FACILITIES TO

33:57A NEW EASEMENT AND REPAIRING

33:58SAID FACILITIES.

33:59UH LUMEN DOES HAVE AERIAL

34:01COPPER CABLING ON THE POLES

34:02THAT ARE LOCATED CURRENTLY IN

34:04THE SIX FOOT PUBLIC UTILITY

34:06EASEMENTS ALONG THE WESTERN

34:07BORDER OF THE PROPERTY STANDARD

34:09TO IS THAT THE VACATION OF THE

34:113000FT2 OF PLOTTED EASEMENTS

34:12ALONG THE WEST PROPERTY LINE

34:13SHALL BE CONSISTENT WITH THAT

34:15SHOWN IN THE SKETCH AND

34:16ACCOMPANYING LEGAL DESCRIPTION

34:17PREPARED BY HARRIS JORGENSEN

34:19TITLE OR LLC ENTITLED EASEMENT

34:22VACATION LYING IN LOTS 22, 23

34:24AND 24 BLOCK 2099 CAPE CORAL

34:27UNIT 31 AS IDENTIFIED AS

34:29EXHIBIT A CONDITION THREE IS

34:32THE CITY SHALL RETAIN 948FT2 OF

34:36EASEMENTS ALONG THE WEST

34:36PROPERTY LINE SUFFICIENT FOR

34:38MAINTAINING A SIX FOOT WIDE

34:39PERIMETER EASEMENT AROUND THE

34:41SITE AS DEPICTED IN THE

34:42ACCOMPANYING SKETCH AND LEGAL

34:43DESCRIPTIONS PREPARED BY HARRIS

34:44JORGENSEN ENTITLED SIX FOOT

34:46PUBLIC UTILITY EASEMENT AND

34:48DRAINAGE EASEMENT LYING IN LOTS

34:5022, 23 AND 24 BLOCK 2099 CAPE

34:53CORAL UNIT 31 ALSO LABELED

34:55EXHIBIT B STANDARD FOR IS GOING

34:58TO TALK ABOUT THE TREE

35:00CONTRIBUTION AND THAT'S GOING

35:00TO STATE THAT IN ORDER TO

35:02ENSURE THAT THIS VACATION

35:03REQUEST COMPLIES WITH THE

35:03CITY'S DUTY TO HOLD CERTAIN

35:05PLOT, IT LANDS IN TRUST FOR THE

35:06PUBLIC INTEREST.

35:07THE OWNER SHALL MAKE A ONE TIME

35:09NONREFUNDABLE CONTRIBUTION

35:10TOTALING $4,057 INTO THE

35:13GENERAL TREE FUND.

35:13THE CITY MAY USE THESE FUNDS TO

35:15ACQUIRE AND PLANT TREES ON

35:16PRIVATE PROPERTY OWNED BY THE

35:19CITY OF CAPE CORAL OR ANY OTHER

35:20APPROPRIATE PURPOSES IN

35:21ACCORDANCE WITH THE CITY'S CITY

35:23OF CAPE CORAL'S LAND

35:24DEVELOPMENT CODE.

35:25THE GENERAL TREE FUND

35:26CONTRIBUTION SHALL BE PAID BY

35:27THE OWNERS PRIOR TO HOLDING THE

35:29FINAL PUBLIC HEARING ON THIS

35:30VACATION BEFORE THE CITY

35:32COUNCIL IN THE EVENT THIS

35:33VACATION CASE IS NOT APPROVED

35:35BY THE CITY COUNCIL, THIS

35:36CONTRIBUTION SHALL BE REFUNDED

35:38TO THE OWNERS.

35:39STANDARD FIVE IS GOING TO BE

35:40THAT THE PETITIONER SHALL PAY

35:42TO THE CITY OF CAPE CORAL THE

35:43COST OF RECORDING THIS

35:45RESOLUTION WITH THE OFFICE OF

35:46THE LEE COUNTY CLERK OF COURT

35:47AND STANDARD SIX IS GOING TO

35:49SAY THAT ANY THAT THE CITY

35:50SHALL RECORD THIS RESOLUTION

35:51WITH THE OFFICE OF THE LEE

35:53COUNTY CLERK OF COURT FOLLOWING

35:54THE RECEIPT OF THE RECORDING

35:55FEES FROM THE PETITIONERS AND

35:57THOSE ARE THE STANDARDS AS

35:58LISTED BEFORE ADDING THE ONE

36:00THAT YOU REQUESTED.

36:01OKAY.

36:02>> UM I WOULD LIKE THAT ADDED

36:04AS A CONDITION AS WELL.

36:05MR. JOHNSON, DO YOU UM, HAVE

36:10ANY OBJECTION TO THAT?

36:13WHAT WHAT I'M GOING TO ADD.

36:18NO, I DO NOT OKAY.

36:20>> IN CASE THE THE THE PLANS

36:21ARE CHANGED LLC EC WANTS TO

36:24REVIEW IT AGAIN TO MAKE SURE

36:25THAT WELL.

36:26THEY APPARENTLY HAVE AGREED TO

36:28HAVE THE FACILITIES LOCATED

36:29WITHIN THE SIX FOOT POOL BY

36:32VIRTUE OF WHAT WE'RE DOING ON

36:33THE SITE.

36:33WE WON'T BE IMPACTING THAT AT

36:34ALL BECAUSE WE'RE GOING TO

36:35BUILD BERM AND RETENTION AREA

36:37NEXT TO US.

36:37SO I WANT TO PICK THAT SO I

36:38AGREE TO IT.

36:39YES OKAY PERFECT.

36:40THANK YOU SO MUCH.

36:42UH ANYBODY FROM THE PUBLIC WISH

36:44TO SPEAK ON THIS CASE?

36:48NO NOBODY HERE FROM THE PUBLIC.

36:50SO NO PUBLIC HEARING OKAY

36:52PERFECT.

36:53I'M GOING TO APPROVE OBVIOUSLY

36:55WITH THE CONDITION I CAN ADD IT

36:57TO MY ORDER INSTEAD OF IN THE

36:59CONDITIONS.

37:00I CAN ADD IT AS A RESTRICTION.

37:01OKAY.

37:02PERFECT.

37:02THANK YOU SO MUCH.

37:03THANK YOU EVERYBODY.

37:08OKAY.

37:09UH, MADAM CLERK.

37:12CASE NUMBER VASI 20 6-000006

37:19APPLICANT BRITTANY HARRIS

37:21HARRIS JURGENSEN LLC ADDRESS

37:255350 MELALEUCA COURT ACREAGE

37:30744FT2 OF AN EXCAVATED CANAL

37:32RIGHT OF WAY AND 588FT2 OF

37:35PLATTED EASEMENTS FOR A TOTAL

37:37OF 1332FT2.

37:40REQUEST THE APPLICANT REQUEST

37:42TO VACATE AN EXCAVATOR CANAL

37:44RIGHT OF WAY R O W AND PLANTED

37:47EASEMENTS ADJACENT TO THE

37:48MAJESTIC CANAL.

37:50THE VACATION IS SOUGHT TO

37:51PROVIDE ADDITIONAL ROOM FOR A

37:53FUTURE POOL.

37:54THE APPLICANT IS SEEKING TO

37:55VACATE 744FT2 OF AN EXCAVATOR

37:59CANAL RIGHT ROAD AND 588FT2 OF

38:03PLATTED EASEMENTS TO EXTEND THE

38:05NEW REAR PROPERTY LINE OF THE

38:08SITE WESTWARD TO THE SEAWALL.

38:09A SIX FOOT WIDE EASEMENT ALONG

38:12THE WEST PROPERTY LINE WILL BE

38:13RETAINED BY THE CITY TO PROVIDE

38:14A CONTINUOUS PERIMETER EASEMENT

38:17AROUND THE EXPANDED SITE

38:19RECOMMENDATION, CITY STAFF

38:21RECOMMENDS APPROVAL WITH

38:22CONDITIONS.

38:25THANK YOU.

38:28GOOD MORNING MADAM HEARING

38:30EXAMINER ONCE AGAIN CANDACE

38:31WARD, PLANNER WITH THE CITY

38:32PLANNING DIVISION I AM HERE TO

38:33CONFIRM THAT THIS WAS PROPERLY

38:34NOTICED.

38:34WE DID ADD A AD IN THE

38:36NEWSPAPER.

38:37UM MAILERS WERE SENT OUT TO ALL

38:39RESIDENTS WITHIN 500FT OF THE

38:40SITE AND THEN A SIGN WAS POSTED

38:42ON SITE AS WELL.

38:43ALL RIGHT.

38:44>> PERFECT.

38:44THANK YOU.

38:45I'LL FIND PROPER NOTICE.

38:49GOOD MORNING.

38:51>> GOOD MORNING, MADAM

38:51SECRETARY.

38:52MY NAME IS BRITTANY.

38:52HARRIS WITH HAIR ASSURANCE AND

38:54REPRESENTING ROBERT AND

38:55PATRICIA TOLLEY REQUESTING TO

38:58VACATE A PORTION OF THE CANAL

38:59RIGHT AWAY AND PLATTED

39:01EASEMENTS ADJACENT TO THE

39:02MAJESTIC CANAL.

39:02AND THE VACATION IS TO PROVIDE

39:05THE ADDITIONAL ROOM FOR A

39:06FUTURE POOL.

39:07THE HOME IS CURRENTLY IN NEW

39:09CONSTRUCTION.

39:10UM.

39:12THEY I'M SORRY TO PROVIDE

39:15ADDITIONAL ROOM FOR A FUTURE

39:16POOL.

39:16THE TOTAL IS SEEKING TO VACATE

39:20744FT2 OF THE EXCAVATED CANAL

39:22RIGHT AWAY AND 588FT2 OF THE

39:26PLATTED EASEMENTS TO EXTEND TO

39:27THE NEW REAR PROPERTY LINE OF

39:29THIS SITE WESTWARD TO THE

39:31SEAWALL.

39:31A SIX FOOT WIDE EASEMENT ALONG

39:35THE WEST PROPERTY LINE WILL BE

39:36RETAINED BY THE CITY TO PROVIDE

39:38A CONTINUOUS SIX FOOT PUBLIC

39:40UTILITY AND DRAINAGE EASEMENT

39:41AROUND THE EXTENDED SITE.

39:43I'VE READ THE STAFF REPORT AND

39:44THE CONDITIONS AND I HAVE NO

39:46OBJECTIONS.

39:47OKAY VERY GOOD THANK YOU.

39:58GOOD MORNING ONCE AGAIN CANDICE

40:00WARD, PLANNER WITH THE CITY

40:01PLANNING DIVISION I AM HERE TO

40:02DISCUSS THE VACATION 20

40:066-000006 AS PREVIOUSLY NOTED

40:08THE PROPERTY OWNERS ARE ROBERT

40:09AND PATRICIA TULLY.

40:11THE LOCATION IS 5350 MELALEUCA

40:13COURT AND THE APPLICANTS ARE

40:15CURRENTLY REQUESTING TO VACATE

40:17744FT2 OF AN UN EXCAVATED CANAL

40:19RIGHT OF WAY AND UNDERLYING

40:21EASEMENTS ADJACENT TO LOTS 34

40:22AND 35 LOCATED IN BLOCK 27 UNIT

40:25ONE PART TWO OF A CAPE CORAL

40:27SUBDIVISION AND THE SECOND

40:29REQUEST IS FOR 558FT2 OF

40:31PLATTED DRAINAGE AND UTILITY

40:33EASEMENTS OCCUPYING LOTS 34 AND

40:3535 BLOCK 27 UNIT ONE, PART TWO

40:37OF THE CAPE CORAL SUBDIVISION.

40:40THE AREA IS HIGHLIGHTED IN RED

40:44FOR THIS SITE AND THEN THE

40:45GENERAL LOCATION IS SHOWN IN

40:47THE CITY ON THE LEFT IN THE

40:49SOUTHEAST QUADRANT OF THE CITY

40:51.

40:53THE FUTURE LAND USE MAP IS

40:55LOCATED ON THE LEFT OF THE

40:56SCREEN, SHOWING THAT IT DOES

40:57HAVE SINGLE FAMILY RESIDENTIAL

40:59FUTURE LAND USE CLASSIFICATION

41:01AND THEN THE ZONING MAP IS

41:02GOING TO BE LOCATED ON THE

41:03RIGHT SHOWING THAT IT DOES HAVE

41:04R-1 WHICH IS SINGLE FAMILY

41:06RESIDENTIAL ZONING CURRENTLY AS

41:08DO ALL PROPERTIES WITHIN 500FT

41:09.

41:11A LITTLE BIT OF BACKGROUND

41:13ABOUT THE SITE THE SITE IS

41:14CURRENTLY 12,988FT2 AND IT'S

41:18LOCATED WITHIN A PREDOMINANTLY

41:19RESIDENTIAL AREA OF THE CITY AS

41:20PREVIOUSLY SHOWN ON THE SCREEN.

41:21THE PARCEL IS LOCATED IN THE

41:23SOUTHEAST OF THE CITY, ABOUT

41:26965FT SOUTH OF EL DORADO EL

41:28DORADO PARKWAY EAST.

41:29THE PARCEL IS ALSO LOCATED

41:30ALONG THE MAJESTIC CANAL, WHICH

41:32IS CURRENTLY A SALTWATER CANAL

41:33WITH A PLOTTED WIDTH OF AROUND

41:3517FT.

41:36ACCORDING TO THE LEE COUNTY

41:37PROPERTY APPRAISER'S OFFICE,

41:39THERE WAS A SINGLE FAMILY HOME

41:40THAT WAS CONSTRUCTED ON THE

41:41SITE IN 1980.

41:41THERE WAS LATER A DEMOLISHED UH

41:44PERMIT PULLED IN FEBRUARY OF

41:462026 AND THE PERMIT DID ISSUE A

41:49PERMIT FOR A SINGLE FAMILY HOME

41:50IN MARCH OF 2026.

41:53ON THE SCREEN YOU'RE GOING TO

41:55SEE THE PROPOSED AREA TO BE

41:56VACATED ON THE LEFT OF THE

41:58SCREEN IT'S GOING TO BE A

41:58SNIPPET FROM EXHIBIT ONE, WHICH

41:59DOES SHOW THE 744FT2 OF CANAL

42:02RIGHT OF WAY THAT THE APPLICANT

42:04IS PROPOSING TO VACATE ON THE

42:06RIGHT OF THE SCREEN IS GOING TO

42:07BE A SNIPPET FROM EXHIBIT B

42:09SHOWING THE 558FT2 OF PLOTTED

42:11EASEMENTS THAT THEY ARE

42:13REQUESTING TO VACATE.

42:16THE LAND DEVELOPMENT CODE HAS

42:18CRITERIA LISTED IN SECTION

42:203.4.5 UH AND THE FIRST ONE IS

42:23GOING TO BE WHETHER THE PLOT

42:25EASEMENTS OR RIGHT OF WAYS ARE

42:26REQUIRED BY THE CITY FOR ANY

42:27FUTURE TRANSPORTATION ACCESS,

42:29WATER MANAGEMENT OR PUBLIC

42:30UTILITY PURPOSES.

42:31STAFF FINDS THAT THE PROPOSED

42:32VACATION LIES BETWEEN THE

42:34WESTERN PROPERTY LINE AND THE

42:35MAJESTIC CANAL.

42:36IT'S CURRENTLY NOT FUNCTIONING

42:37AS PART OF THE CANAL SYSTEM

42:38SINCE IT'S IN THE UPLAND AREA,

42:40SO IT'S NOT NEEDED FOR

42:41NAVIGABLE OR TRANSPORTATION

42:43BENEFITS FOR THAT AREA.

42:45STANDARD TWO IS ASKING WHETHER

42:46ANY REQUIRED EASEMENTS ARE

42:47NECESSARY TO ACCOMMODATE THE

42:48VACATION OF ANY PLOT EASEMENT

42:50OR RIGHT OF WAY.

42:51THE CITY WILL RETAIN A SIX FOOT

42:52WIDE PERIMETER EASEMENT SO NO

42:54ADDITIONAL EASEMENTS WILL BE

42:55NECESSARY AT THIS TIME.

42:57STANDARD THREE IS GOING TO ASK

42:58IF ALTERNATIVE ROUTES ARE

43:00REQUIRED OR AVAILABLE THAT DO

43:01NOT CAUSE ADVERSE IMPACTS TO

43:03SURROUNDING AREA.

43:04STAFF FINDS THAT THE CANAL

43:05RIGHT OF WAY PROPOSED TO BE

43:06VACATED IS NOT FUNCTIONING AS

43:08PART OF THE WATERWAY SYSTEM SO

43:10NAVIGABLE AND VISIBILITY WOULD

43:11NOT BE AFFECTED AND IT'S NOT

43:13GOING TO CAUSE ADVERSE IMPACTS

43:14TO SURROUNDING PROPERTIES.

43:17STANDARD FOR IS ASKING IF THE

43:19CLOSURE OF THE RIGHT OF WAY

43:20NEGATIVELY AFFECTS AREAS

43:21UTILIZED FOR UH VEHICLES TO

43:23TURN AROUND AND OR EXIT AN AREA

43:25BASED ON THE LOCATION, STAFF

43:26FINDS THAT THE VACATION WILL

43:27NOT RESULT IN THE CLOSURE OR

43:29ALTERATION OF A CANAL AND WILL

43:30HAVE NO EFFECT ON THE MOVEMENT

43:32OF BOATS TRAVELING WITHIN THE

43:33MAJESTIC CANAL.

43:35STANDARD FIVE IS ASKING WHETHER

43:36LOCAL UTILITY PROVIDERS HAVE

43:38GIVEN CONSENT TO THE VACATION

43:40OF PLOT AND IF THEY REQUIRE ANY

43:42ADDITIONAL EASEMENTS OR

43:42RELOCATION OF EXISTING

43:44UTILITIES IN THAT AREA.

43:46STAFF FINDS.

43:47>> THAT ALL.

43:47>> THREE UTILITY PROVIDERS

43:49ISSUED LAST LETTERS OF NO

43:50OBJECTION.

43:50THEY DID HAVE A STIPULATION OR

43:53CONDITION THAT IF THEIR

43:54FACILITIES ARE FOUND AND OR

43:55DAMAGED WITHIN THE AREA, THE

43:57APPLICANT WILL BEAR THE COST OF

43:58REPAIRS AND RELOCATION OF THOSE

43:59FACILITIES.

44:02WHEN IT COMES TO THE

44:03COMPREHENSIVE PLAN, THE CITY

44:04DOES LACK SPECIFIC POLICIES

44:06WHEN IT COMES TO VACATIONS

44:07INVOLVING RESIDENTIALLY ZONED

44:08PROPERTIES.

44:09HOWEVER, STAFF DOES FIND THAT

44:11THE PROJECT IS AND IS

44:14CONSISTENT WITH THE FEATURE AND

44:14LAND USE ELEMENT OF THE CODE.

44:16UM TABLE ONE POLICY 1.15 DOES

44:19INDICATE THAT R1 WHICH WOULD BE

44:20SINGLE FAMILY RESIDENTIAL

44:22ZONING DISTRICT IS CONSISTENT

44:23WITH THE SINGLE FAMILY OR S.F.

44:25FUTURE LAND USE CLASSIFICATION

44:26.

44:28AND THEN POLICY 1.15 DOES NOTE

44:31THAT SINGLE FAMILY RESIDENTIAL

44:32SITES OF 10,000FT2 AND GREATER

44:34WITH DENSITIES SHOULD NOT

44:36EXCEED 4.4 UNITS PER ACRE.

44:38STAFF FINDS WITH THE EXTENDED

44:41SQUARE FOOTAGE OF THE PROPERTY

44:42,UH IT WILL HAVE A DENSITY OF

44:443.2 DWELLING UNITS PER ACRE,

44:46WHICH IS LESS THAN THE 4.4

44:48DWELLING UNITS PER ACRE ALLOWED

44:49PER THE FUTURE LAND USE

44:51CLASSIFICATION PLANNING STAFF

44:54DOES RECOMMEND APPROVAL WITH

44:55CONDITIONS OF THE VACATION.

44:56UM I DID RECEIVE ONE CALL

44:58REGARDING THIS PROPERTY

45:00YESTERDAY.

45:00SHE WAS JUST ASKING HOW THIS

45:02WOULD AFFECT HER PROPERTY.

45:03SHE WAS NEITHER FOR NOR AGAINST

45:04THE VACATION SHE JUST HAD

45:06QUESTIONS AND I DO HAVE THE

45:08CONDITIONS LISTED AT THE END.

45:09I CAN READ THOSE INTO IF YOU

45:11WOULD LIKE.

45:13TAKE A BREATH.

45:14OKAY IT'S A LOT OF READING.

45:17UM LET ME JUST BEFOREHAND LET

45:20ME JUST SEE IF THERE'S ANYBODY

45:21UH, HERE FROM THE PUBLIC THAT

45:22WISHES TO ADDRESS THIS ISSUE OR

45:24SPEAK ON THIS CASE SEEING NONE.

45:26OKAY.

45:27UM READY?

45:30MHM OKAY.

45:31I AM OKAY.

45:32UH, WHEN IT COMES TO THE

45:34CONDITIONS OF APPROVAL WE DO

45:35HAVE A FEW.

45:36THE FIRST ONE IS GOING TO BE

45:37THAT THE VACATION OF THE 744FT2

45:40OF CANAL RIGHT OF WAY AND

45:41UNDERLYING EASEMENTS SHALL BE

45:43CONSISTENT WITH THAT SHOWN IN

45:44THE SKETCH AND ACCOMPANYING

45:45LEGAL DESCRIPTION PREPARED BY

45:47HARRIS JORGENSEN TITLED

45:48VACATION OF A PORTION OF

45:49MAJESTIC CANAL RIGHT OF WAY AT

45:51CAPE CORAL UNIT ONE PART TWO

45:53WHICH IS ALSO IDENTIFIED AS

45:54EXHIBIT A IN THE PACKET

45:56STANDARD TWO IS GOING TO BE THE

45:58VACATION OF THE 558FT2 OF

46:01PLATTED EASEMENTS SHALL BE

46:02CONSISTENT WITH THAT SHOWN IN

46:03THE SKETCH AND ACCOMPANYING

46:04LEGAL DESCRIPTION PREPARED BY

46:06HARRIS JORGENSEN TITLED

46:07VACATION OF A PORTION OF A SIX

46:09FOOT PUBLIC UTILITY AND

46:10DRAINAGE EASEMENT AND LOTS 34

46:12AND 35 CAPE CORAL UNIT ONE PART

46:15TWO WHICH IS ALSO LABELED

46:17EXHIBIT B IN THE PACKET

46:19CONDITION THREE IS GOING TO BE

46:20THAT THE CITY SHALL RETAIN

46:21EASEMENT SUFFICIENT FOR

46:22MAINTAINING A SIX FOOT WIDE

46:24PERIMETER EASEMENT TOTALING

46:27643FT2 AROUND THE SITE AS

46:28DEPICTED IN THE ACCOMPANYING

46:30SKETCH AND LEGAL DESCRIPTION

46:31PREPARED BY HARRIS JORGENSEN

46:32TITLED PUBLIC UTILITY AND

46:34DRAINAGE EASEMENT AND LYING IN

46:36A PORTION OF MAJESTIC CANAL AT

46:37CAPE CORAL UNIT ONE PART TWO

46:40IDENTIFIED AS EXHIBIT B IN THE

46:41PACKET OR I'M SORRY EXHIBIT C

46:43IN THE PACKET.

46:45CONDITION FOUR IS GOING TO BE

46:47AT THE OWNER'S EXPENSE ANY CITY

46:49CENTURYLINK, COMCAST OR L LLC

46:52EXCUSE ME FACILITY FOUND WITHIN

46:53THE VACATION AREA SHALL BE

46:55RELOCATED TO A NEW EASEMENT TO

46:56THE RESPECTIVE UTILITY PROVIDER

46:58SATISFACTION.

46:58IN THE.

46:59>> EVENT ANY UTILITIES ARE

47:00DAMAGED DURING CONSTRUCTION

47:01ACTIVITIES, THE OWNER SHALL

47:02BEAR THE COST OF RELOCATING THE

47:03FACILITIES TO A NEW EASEMENT

47:05AND REPAIRING SAID FACILITIES.

47:07CONDITION FIVE IS THE OWNER

47:08SHALL PAY TO THE CITY OF CAPE

47:10CORAL THE COST OF RECORDING

47:11THIS RESOLUTION WITH THE OFFICE

47:13OF THE COUNTY CLERK OF COURT

47:15AND CONDITION SIX IS THE CITY

47:17SHALL RECORD THIS RESOLUTION

47:19WITH THE OFFICE OF LEE COUNTY

47:20CLERK OF COURT FOLLOWING THE

47:21RECEIPT OF THE RECORDING FEES

47:23FROM THE OWNERS AND.

47:25>> VERY GOOD.

47:26THANK YOU.

47:26SO UM FINDING NO OBJECTION AND

47:30BY THE ACCEPTANCE OF BRITTANY

47:32HARRIS WHO'S THE OWNER'S REP ON

47:34BEHALF OF THE OWNERS THERE'S NO

47:35OBJECTION CORRECT TO THESE AND

47:37TO THESE CONDITIONS.

47:39I'M GOING TO GRANT APPROVAL.

47:41THANK YOU.

47:41WITH THE CONDITIONS AS STATED.

47:44THANK YOU, THANK.

47:45>> YOU, THANK YOU VERY MUCH.

47:49MADAM CLERK.

47:50READY FOR THE NEXT ONE.

47:52?

47:53>> CASE NUMBER VAC 20 6-000008

47:58APPLICANT THOMAS AND LINDA

48:00KOENIG ADDRESS 923 DOLPHIN

48:03DRIVE ACREAGE 3180FT2 OF AN

48:08EXCAVATED CANAL RIGHT OF WAY

48:09AND 449.53FT2 OF PLATTED

48:13EASEMENT FOR A TOTAL OF

48:193629.53FT2.

48:20REQUEST 3180FT2 OF AN EXCAVATOR

48:25CANAL RIGHT OF WAY ROAD AND

48:28UNDERLYING EASEMENT ADJACENT TO

48:30LOTS 23 AND 24 BLOCK 14 UNIT

48:33ONE PART TWO CAPE CORAL

48:36SUBDIVISION.

48:36AND 449.5FT2 OF EASEMENTS

48:41OCCUPYING LOTS 23 AND 24 BLOCK

48:4414 UNIT ONE PART TWO CAPE CORAL

48:47SUBDIVISION RECOMMENDATIONS

48:48CITY PLANNING STAFF RECOMMENDS

48:50APPROVAL WITH CONDITIONS.

48:52THANK YOU.

48:55GOOD MORNING MADAME HEARING

48:56EXAMINER FOR THE RECORD MY NAME

48:57IS PATRICK CARLTON WHITE.

48:59I'M A PRINCIPAL PLANNER

49:00DOWNSTAIRS AND DSD.

49:02I HAVE, UH, THREE VACATION

49:04CASES FOR YOU TODAY.

49:05THIS IS THE FIRST OF THEM.

49:06IT'S V C 26 EIGHT.

49:08AT THIS POINT I'D LIKE TO

49:10ACKNOWLEDGE THE CASE WAS DULY

49:12ADVERTISED BY PLACING SIGN A

49:15SIGN ON THE PROPERTY.

49:16UH, POSTING AN ADVERTISEMENT IN

49:18THE NEWS-PRESS AND MAILING

49:20PROPERTY OWNERS WITHIN 500FT.

49:22OKAY.

49:22>> I FIND.

49:23NOTICES PROPER.

49:24THANK YOU.

49:24>> I'D ALSO LIKE TO REQUEST TO

49:26BE ACKNOWLEDGED AS AN EXPERT

49:28WITNESS BASED ON PRIOR

49:29TESTIMONY.

49:30MY CREDENTIALS, UH, DOWNSTAIRS

49:32WITHIN THE CLERK'S OFFICE AND,

49:35UH, I WOULD THANK YOU FOR THAT.

49:37YOU ARE AN EXPERT.

49:38THANK YOU MA'AM, WE'LL FIND.

49:40>> THAT BASED UPON YOUR

49:40CREDENTIALS.

49:41I APPRECIATE THAT.

49:42UM, I HAVE A BRIEF POWERPOINT

49:45PRESENTATION.

49:45WOULD YOU LIKE ME TO PROCEED

49:47WITH GIVING THAT OR WOULD YOU

49:48LIKE TO HEAR FROM THE APPLICANT

49:49FIRST?

49:49IF THE APPLICANT IS HERE, I'D

49:51LIKE TO HEAR.

49:52COME ON UP, SIR.

49:54YOU WANT TO COME UP AND YOU'RE

49:56THE APPLICANT.

49:57DO YOU WISH TO SPEAK ON THIS OR

49:59DO YOU WANT DO YOU AGREE WITH

50:01IT?

50:01UH.

50:04OKAY.

50:05GOOD.

50:05YOU DON'T HAVE TO SAY MUCH.

50:07ESPECIALLY IF YOU AGREE WITH

50:08THE STAFF REPORT IN THE

50:10CONDITIONS.

50:10OKAY.

50:10>> JUST FOR THE RECORD, TELL

50:13ME, UM.

50:16UM YOUR NAME.

50:19WHAT IS YOUR NAME?

50:19MY NAME IS THOMAS CARNEGIE.

50:21>> THE OWNER OF THE.

50:22LAND THERE.

50:23OKAY.

50:23>> UH, BASICALLY I.

50:24>> WANT.

50:25TO.

50:25MAKE SOME, UH, CHANGES TO THE

50:27DOCK AND IN ORDER TO DO THAT I

50:30HAVE TO HAVE THE LAND VACATED

50:34AND NEIGHBORS ON BOTH SIDES OF

50:36ME AND THE MAJORITY OF THE

50:39PROPERTIES ON DOLPHIN CANAL

50:41HAVE ALREADY DONE THIS.

50:42SO I'M JUST ONE OF THE LAST

50:45REMAINING FEW TO DO THIS.

50:47OKAY.

50:47UM, I GUESS THAT'S IT.

50:50YOU HAVE NO OBJECTION TO, UH,

50:54THE CITY'S CONDITIONS THAT

50:56THEY.

50:56AND I DON'T EVERYTHING

50:58INJECTIONS.

50:59OKAY.

51:00>> PERFECT.

51:01THANK YOU SIR.

51:03THANK YOU.

51:04UH, HEARING EXAMINER PROCEED

51:06WITH THE PRESENTATION NOW IT'S

51:08IT'S FAIRLY BRIEF.

51:10UH, THE.

51:11>> PROPERTY'S LOCATION IS AT

51:12923 DOLPHIN DRIVE.

51:13UH, THAT'S IN SOUTHEAST CAPE

51:15CORAL AND THE OWNERS ARE

51:16REQUESTING TO VACATE 3180FT2 OF

51:20UPLAND CANAL RIGHT OF WAY AND

51:23450FT2 OF PLATTED EASEMENTS.

51:26THIS IS, UH, LONG DOLPHIN DRIVE

51:28.

51:29UH, MY UH, CITIZENS RIGHT IS

51:32ABSOLUTELY RIGHT.

51:33MOST OF THE PROPERTY OWNERS

51:35ALONG DOLPHIN DRIVE HAVE

51:35REQUESTED AND OBTAINED SIMILAR

51:37VACATIONS.

51:38YOU CAN, UH, SEE THOSE.

51:40UH.

51:41>> WHEN WE GO TO THE NEXT SLIDE

51:42.

51:43BUT WE ARE IN SOUTHEAST CAPE

51:45CORAL ABOUT AS FAR SOUTHEAST AS

51:46YOU CAN GET.

51:47ON THE LEFT IS A FUTURE LAND

51:49USE MAP AND ON THE RIGHT IS THE

51:50ZONING MAP.

51:51THEY BOTH SHOW THAT THIS IS A

51:52SINGLE FAMILY NEIGHBORHOOD.

51:53ALL PROPERTIES WITHIN 500FT OR

51:56SINGLE FAMILY ARE ZONED SINGLE

51:58FAMILY WITH A LOW DENSITY

52:00SINGLE FAMILY.

52:01A FUTURE LAND USE DESIGNATION

52:04PER THE APPLICANT'S LETTER OF

52:05INTENT.

52:05HE WANTS TO UH, MAKE SOME

52:07MODIFICATIONS TO THEIR EXISTING

52:08DOCK.

52:09THE PROPERTY UH IF APPROVED

52:11WILL BE ENLARGED TO 3180FT2 TO

52:17APPROXIMATELY 13,622FT2.

52:20UH, IF APPROVED WILL ACCOMPLISH

52:22THIS VACATION WITH A NUMBER OF

52:24EXHIBITS THAT ARE INCLUDED IN

52:25YOUR PACKET.

52:26EXHIBIT A IS THE RIGHT OF WAY

52:28THAT WOULD BE VACATED OF

52:30DEPICTED IT HERE IN BLUE.

52:33EXHIBIT C AND D SHOW THE

52:36INTERNAL PUBLIC UTILITY

52:37EASEMENT THAT WOULD BE VACATED

52:38HAVE SHOWN IT AND RED AND

52:42EXHIBIT UH C UM THE FINAL TWO

52:46EXHIBITS BASICALLY REPLACE THE

52:49PUBLIC UTILITY EASEMENT TO THE

52:52NEW PROPERTY BOUNDARY

52:53COINCIDENT WITH THE PROPOSED

52:55VACATION.

52:56THERE'S A NUMBER OF DIFFERENT

53:00UH, QUESTIONS, UH, CRITERIA

53:02THAT ARE POSED WHEN WE'RE

53:04EVALUATING THE VACATION UH, THE

53:06FIRST OF WHICH QUESTIONS ARE

53:08EASEMENTS AND RIGHT OF WAYS

53:10REQUIRED FOR FUTURE

53:11TRANSPORTATION WATER MANAGEMENT

53:12UTILITIES.

53:13WE FOUND THAT TO BE A NEGATIVE.

53:14ARE THERE NEW EASEMENTS

53:17REQUIRED TO ACCOMMODATE THE

53:19VACATION OF EASEMENTS AND THE

53:20RIGHT OF WAY REQUESTED?

53:21AND AGAIN THAT'S A NEGATIVE

53:22WILL BE RESERVING UH THE

53:25UNDERLYING POWER WITHIN THE

53:27VACATION AREA QUESTION OR

53:29CRITERIA THREE ASKS ARE THERE

53:31ALTERNATE ROUTES REQUIRED?

53:33THERE ARE NO ALTERNATE ROUTES

53:34REQUIRED.

53:35ITEM FOUR WITH THE CLOSURE OF

53:37THE RIGHT OF WAY AFFECT THE

53:38AREA USED FOR VEHICLES TO TURN

53:39AROUND?

53:40NO.

53:40THIS IS AN UPLAND CANAL RIGHT

53:41OF WAY.

53:43CRITERIA FIVE HAS LOCAL UTILITY

53:45PROVIDERS PROVIDED THEIR

53:47CONSENT?

53:47UH, WE HAVE RECEIVED THOSE

53:49LETTERS OF NO OBJECTION.

53:52THERE ARE UH THERE'S ONE POLICY

53:54UH, WITHIN THE COMPREHENSIVE

53:55PLAN, UH, THAT WE FOUND THAT UH

53:59TABLE R1 BASICALLY TABLE 1.15

54:03SHOWS THAT THE R1 ZONING

54:05DISTRICT IS CONSISTENT WITH THE

54:06SINGLE FAMILY FUTURE LAND USE

54:08CLASSIFICATION AND POLICY 1.15

54:12IS A DENSITY MAXIMUM.

54:13WE FOUND THAT SHOULD THIS

54:15VACATION BE APPROVED, UH, THIS

54:18PROPERTY WILL REMAIN COMPLIANT

54:20WITH THAT DENSITY.

54:21MAXIMUM STAFF'S RECOMMENDED

54:22APPROVAL I'VE RECEIVED NO

54:24CORRESPONDENCE ON THIS ITEM.

54:26UH, THERE ARE SOME CONDITIONS

54:30WITHIN MY STAFF REPORT.

54:31WOULD YOU LIKE ME TO READ THEM

54:32INTO THE RECORD?

54:32I WOULD THANK YOU.

54:37THOSE CONDITIONS FOLLOW.

54:38>> ITEM NUMBER ONE THE VACATION

54:42OF THE 3180 SQUARE FOOT OF

54:44CANAL RIGHT OF WAY AND

54:46UNDERLYING EASEMENTS SHALL BE

54:47CONSISTENT WITH THAT SHOWN IN

54:48THE LEGAL DESCRIPTION.

54:50AN ACCOMPANYING SKETCH PREPARED

54:52BY WILL SERVICE GROUP LLC

54:54IDENTIFIED AS EXHIBIT A AND

54:56EXHIBIT B RESPECTIVELY TO THE

54:59VACATION OF 449.53FT2 OF

55:04PLATTED EASEMENTS SHALL BE

55:05CONSISTENT WITH THAT SHOWN IN

55:06THE LEGAL DESCRIPTION AND

55:08ACCOMPANYING SKETCH PROVIDED BY

55:09WILL SERVICE GROUP LLC

55:11IDENTIFIED AS EXHIBIT C AND D

55:13RESPECTIVELY THREE THE CITY

55:15SHALL RETAIN EASEMENT

55:16SUFFICIENT FOR MAINTAINING A

55:17SIX FOOT WIDE PERIMETER

55:19EASEMENT TOTALING 900.89FT2

55:23AROUND THE SITE AS DEPICTED IN

55:24THE LEGAL DESCRIPTION AND

55:25ACCOMPANYING SKETCH.

55:26PREPARED BY.

55:27WILL SERVICE.

55:28GROUP LLC IDENTIFIED AS EXHIBIT

55:30E AND F RESPECTIVELY FOR THE

55:33PETITIONER SHALL PAY TO THE

55:35CITY OF CAPE CORAL THE COST OF

55:36RECORDING THIS RESOLUTION WITH

55:38THE OFFICE OF THE LEE COUNTY

55:40CLERK OF COURT.

55:41CONDITION FIVE THE CITY SHALL

55:42RECORD THIS RESOLUTION WITH THE

55:44OFFICE OF THE LEE COUNTY CLERK

55:45OF COURT FOLLOWING RECEIPT OF

55:47RECORDING FEES FROM THE

55:49PETITIONERS.

55:50THOSE ARE THE ONLY CONDITIONS

55:52THAT UH STAFF ARE PROPOSING FOR

55:54THIS FAIRLY STANDARD CANAL

55:56RIGHT OF WAY VACATION.

55:57THANK YOU FOR YOUR TIME.

55:57VERY GOOD.

55:58THANK YOU SO MUCH.

55:59UM, ANYBODY FROM THE PUBLIC

56:02WISH TO SPEAK ON THIS CASE?

56:04YEP.

56:05>> OKAY, SO NO PUBLIC COMMENTS

56:08SO FAR.

56:08NO OBJECTIONS AND ACCEPTANCE OF

56:10THE CONDITIONS.

56:11UH, BY MR. KOENIG.

56:12I'M GOING TO APPROVE THIS, UM,

56:16WITH CONDITIONS.

56:17THANK YOU.

56:18OKAY.

56:19THANK YOU.

56:28OKAY.

56:28>> CASE NUMBER 20 6-000010

56:35BIMINI EAST STREET APPLICANT

56:38CITY OF CAPE CORAL ADDRESS

56:41BIMINI EAST STREET ACREAGE

56:442.384 ACRES.

56:45REQUEST THE CITY REQUEST TO

56:48VACATE THE FOLLOWING ONE

56:50ATLANTIC COURT RIGHT OF WAY

56:52BETWEEN LOTS ONE THROUGH 29 AND

56:54BLOCK 81 AND LOTS 25 TO 50 AND

56:57BLOCK 82 TOTALING 1.33 ACRES TO

57:02MANOR COURT RIGHT OF WAY AND

57:04ALL UNDERLYING EASEMENTS

57:05BETWEEN LOTS 12 TO 24 IN BLOCK

57:0882 AND LOTS 20 TO 32 AND BLOCK

57:1283 TOTALING 0.61 ACRES THREE

57:16TRITON COURT EAST RIGHT OF WAY

57:18BETWEEN LOTS ONE THROUGH NINE

57:20IN BLOCK 83 AND LOTS 26 THROUGH

57:2332 IN BLOCK 84 TOTALING 0.44

57:27ACRES FOR INTERIOR PLATTED

57:30EASEMENTS IN BLOCKS 81 TO 84

57:33EXCEPT FOR THE SIX FOOT WIDE

57:36PLATTED EASEMENTS ALONG THE

57:37REAR PROPERTY LINES OF LOTS ONE

57:39THROUGH 25 AND 34 THROUGH 59

57:42AND BLOCK 81 RECOMMENDATIONS.

57:44CITY PLANNING STAFF RECOMMENDS

57:47RECOMMENDATION APPROVAL WITH

57:48CONDITIONS.

57:50THANK YOU, MADAM CLERK.

57:53MORNING.

57:53>> GOOD MORNING MADAM HEARING

57:55EXAMINER FOR THE RECORD MIKE

57:57STRATEGIC PLANNING TEAM

57:58COORDINATOR.

57:59WITH THE CITY PLANNING DIVISION

58:01AND I BELIEVE I NEED TO BE A

58:02SWORN IN.

58:03I WAS NOT HERE EARLIER.

58:04RAISE YOUR RIGHT HAND.

58:05DO YOU SOLEMNLY SWEAR OR AFFIRM

58:07THE TESTIMONY GIVEN BE THE

58:08TRUTH, THE WHOLE TRUTH AND

58:09NOTHING BUT THE TRUTH I DO ALL

58:10RIGHT.

58:11VERY GOOD.

58:11THANK YOU.

58:12SO, UH, STAFF DID, UH, NOTICE.

58:15THIS CASE AND, UH, THOSE

58:17ADVERTISING EFFORTS INCLUDED

58:18PLACING AN AD IN THE NEWS-PRESS

58:20SENDING LETTERS TO ALL

58:22SURROUNDING PROPERTY OWNERS

58:23WITHIN 500FT OF THE PROJECT

58:27AREA AND THEN POSTING, UH, IN

58:28THIS CASE, I BELIEVE WE POSTED

58:30MULTIPLE SIGNS ON THE PROPERTY

58:32ALL UH, TEN DAYS PRIOR TO THIS

58:34UH, HEARING.

58:36AND BEFORE I BEGIN, UH, FOR THE

58:39PURPOSES OF THIS HEARING, I

58:40WOULD LIKE TO REQUEST THAT I BE

58:42RECOGNIZED AS AN EXPERT IN THE

58:44AREA OF LAND USE PLANNING BASED

58:45ON MY CREDENTIALS ON FILE WITH

58:48THE CITY CLERK'S OFFICE WHICH I

58:49BELIEVE YOU HAVE REVIEWED AS

58:51WELL AS MY PAST TESTIMONY ON

58:53SIMILAR MATTERS.

58:54FIRST I WILL FIND PROPER NOTICE

58:56AND SECOND I WILL FIND THAT YOU

58:58ARE AN EXPERT.

58:59THANK YOU, THANK YOU.

59:00UH, BEFORE WE MOVE ON CAN

59:02SOMEBODY CLOSE THAT DOOR?

59:03THAT NOISE NOISES IS.

59:05COMING UP.

59:06THANK YOU SO MUCH.

59:09THANK YOU THANK YOU MA'AM

59:11APPRECIATE IT.

59:14OKAY, SO, UM, YOU'RE THE

59:18APPLICANT.

59:19SO IN THIS CASE THE CITY IS THE

59:21APPLICANT.

59:22SO THIS IS A PUBLICLY INITIATED

59:25VACATION REQUEST IN THE CITY IS

59:27REQUESTING TO VACATE THE

59:29FOLLOWING THEY ARE REQUESTING

59:30TO VACATE ATLANTIC COURT RIGHT

59:33OF WAY IN ITS ENTIRETY.

59:35UH, BETWEEN LOT 2229 AND BLOCK

59:3881 AND LOTS 25 THROUGH 50 AND

59:42BLOCK 82.

59:42AND IN A MOMENT HERE THERE'LL

59:44BE A SLIDE OF THE PROJECT AREA

59:45AND THIS WILL ALL MAKE MORE

59:47SENSE AND WE'LL REVIEW THIS

59:49AGAIN.

59:49>> THANK YOU.

59:50UH SECONDLY THE CITY IS

59:52REQUESTING TO VACATE MANOR

59:53COURT RIGHT OF PORTIONS OF

59:55MANOR COURT RIGHT AWAY I SHOULD

59:56SAY AND THE EASEMENTS

59:59UNDERLYING THAT SECTION OF

1:00:01RIGHT OF WAY THAT'S BEING

1:00:01VACATED BETWEEN LOT 12 THROUGH

1:00:0424 AND BLOCK 82 AND LOTS 20

1:00:08THROUGH 32 AND BLOCK 80 THREE.

1:00:12>> THIRD.

1:00:12THE CITY IS REQUESTING TO

1:00:13VACATE A PORTION OF THE TRITON

1:00:15COURT EAST RIGHT AWAY BETWEEN

1:00:16LOT 29 AND BLOCK 83 AND LOTS 26

1:00:20THROUGH 32 AND BLOCK 84.

1:00:24AND THEN LASTLY THE CITY IS

1:00:27REQUESTING TO VACATE ALL

1:00:29INTERIOR PLATTED EASEMENTS

1:00:31WITHIN THE PROJECT AREA EXCEPT

1:00:34FOR THOSE EASEMENTS THAT ARE

1:00:36LOCATED ALONG THE REAR PROPERTY

1:00:39LINE OF LOTS ONE THROUGH 25 AND

1:00:4334 THROUGH 59 IN.

1:00:44BLOCK 81.

1:00:46CURRENTLY THESE UH FOUR SITES

1:00:49UH DO NOT HAVE ADDRESSES BUT

1:00:52THEY ALL HAVE FRONTAGE ON AND

1:00:54ARE LOCATED BETWEEN CAPE CORAL

1:00:57PARKWAY EAST TO THE NORTH AND

1:00:59VICTORIA DRIVE TO THE SOUTH.

1:01:03THE PROJECT AREA IS LOCATED IN

1:01:06SOUTHEAST CAPE CORAL.

1:01:07IT'S PART OF THE UH CRA AREA.

1:01:11THE AERIAL MAP ON THE RIGHT

1:01:14SHOWS THE OUTLINE OF THESE FOUR

1:01:18PARCELS.

1:01:18THE PROJECT AREA AGAIN IS

1:01:20BORDERED BY CAPE CORAL PARKWAY

1:01:22TO THE TO THE NORTH AND

1:01:24VICTORIA DRIVE TO THE SOUTH.

1:01:27THE VAST MAJORITY OF THESE UH

1:01:31IMPROVED SITES THAT YOU SEE ON

1:01:33THIS AERIAL MAP UH MOST OF

1:01:36THESE BUILDINGS UH MOST OF

1:01:38THESE BUILDINGS EXCEPT FOR ONE

1:01:41WE'RE ALL RESIDENTIAL AND MOST

1:01:42HAVE NOW BEEN UH PURCHASED BY

1:01:46THE CITY AND HAVE BEEN

1:01:47DEMOLISHED WITH THE EXCEPTION

1:01:49OF FIVE PROPERTIES AND WE'LL

1:01:50SEE THAT AGAIN IN ANOTHER, UH,

1:01:53SLIDE IN A SECOND.

1:01:57THE SUBJECT PROPERTIES HAVE A

1:01:59DOWNTOWN MIXED FUTURE LAND USE

1:02:02CLASSIFICATION AND AS SHOWN ON

1:02:04THE RIGHT HAND SIDE OF THE AND

1:02:05BLUE MIXED USE BIMINI ZONING

1:02:07DISTRICT WHICH IS A MIXED USE

1:02:10ZONING DISTRICT AS THE NAME

1:02:11IMPLIES.

1:02:13CITY OWNS FOUR SITES THAT RANGE

1:02:15FROM ABOUT THREE AND A HALF TO

1:02:17ABOUT SIX AND A HALF ACRES.

1:02:20UH, AS I MENTIONED EARLIER, UH

1:02:22THE PROPERTIES THAT THE CITY

1:02:24ACQUIRED HAD RESIDENTIAL

1:02:25BUILDINGS THAT WERE RECENTLY

1:02:26DEMOLISHED.

1:02:27THERE ARE STILL FIVE FIVE

1:02:29PRIVATELY HELD UH PARCELS

1:02:31WITHIN THE PROJECT AREA THAT

1:02:33THE CITY ARE OR THE DEVELOPER

1:02:36THAT THE CITY IS CURRENTLY

1:02:38ENGAGED IN WILL LIKELY UH,

1:02:40ACQUIRE HERE IN THE NEXT

1:02:41SEVERAL MONTHS.

1:02:42AT LEAST THAT'S THE PLAN AND

1:02:44THE CITY RIGHT OF WAYS AND

1:02:46PLANTED EASEMENTS ARE REQUESTED

1:02:47TO BE VACATED TO CONSOLIDATE

1:02:50THESE SITES AND TO POSITION THE

1:02:51AREA FOR REDEVELOPMENT.

1:02:53I DO WANT TO STRESS RIGHT HERE

1:02:55AT THE ONSET OF THIS HEARING

1:02:56THAT UM THIS PARTICULAR CASE

1:03:00INVOLVES A REQUEST ONLY TO

1:03:02VACATE STREET RIGHTS AWAY IN

1:03:03SELECTED EASEMENTS.

1:03:05IT WOULD NOT APPROVE ANY

1:03:06DEVELOPMENT UH, ON THE ON THE

1:03:08SITE UH, WE ARE NOT CURRENTLY

1:03:10REVIEWING ANY PROJECTS UH, THAT

1:03:13INVOLVE REDEVELOPING THE SITE

1:03:15WITH ANY UH, EITHER MIXED USE

1:03:17OR COMMERCIAL BUILDINGS.

1:03:18SO I WANT TO MAKE SURE THAT

1:03:19THAT'S FAIRLY CLEAR AT THE

1:03:21ONSET.

1:03:22THANK YOU.

1:03:23>> IN TERMS OF UH, MINIMUM

1:03:25STANDARDS, THE CITY IS PROVIDED

1:03:26THE FOLLOWING WHICH ARE, UH,

1:03:29LAND DEVELOPMENT CODE REQUIRES

1:03:31FOR VACATION APPLICATIONS

1:03:33DEMONSTRATION OF OWNERSHIP OF

1:03:35THE SITES INVOLVED,

1:03:37CORRESPONDENCE FROM THE UTILITY

1:03:38PROVIDERS AND THEN SKETCHES AND

1:03:40LEGAL DESCRIPTIONS DESCRIBING

1:03:41THE RIGHTS OF WAY IN THE

1:03:43EASEMENTS UH TO BE VACATED.

1:03:45SO I WANT TO LAND HERE FOR JUST

1:03:47A COUPLE OF MINUTES ON THIS

1:03:50PARTICULAR UM AREA AND AND

1:03:52DESCRIBE UM MAYBE A LITTLE BIT

1:03:54MORE CLEARLY OF WHAT'S GOING ON

1:03:56HERE ALL OUR PORTIONS OF THE

1:03:59THREE STREETS THAT YOU SEE THAT

1:04:01ARE EITHER COMPLETELY OR

1:04:03SOMEWHAT HIGHLIGHTED IN GREEN

1:04:05WOULD BE VACATED.

1:04:06UH, THE FIRST THING I WANT TO

1:04:08DO THOUGH IS DIRECT YOUR

1:04:10ATTENTION TO THE FIVE

1:04:12PROPERTIES THAT ARE SHOWN WITH

1:04:14THE RED DOTS ON THEM THE FOUR

1:04:17PROPERTIES ON THE WESTERN SIDE

1:04:20OF THE PROJECT AREA THOSE ARE

1:04:22ALL DEVELOPED WITH RESIDENTIAL

1:04:25BUILDINGS.

1:04:27THE OTHER DOT IN THE NORTHEAST

1:04:30CORNER OF THIS SITE IS A

1:04:32COMMERCIAL UH DEVELOPMENT AND

1:04:33IT'S UH AN AUTO REPAIR UH,

1:04:36ESTABLISHMENT.

1:04:37SO THOSE ARE ALL UH FIVE SITES

1:04:40THAT THE CITY CURRENTLY DOES

1:04:42NOT OWN AND THEY GREATLY AFFECT

1:04:44LEAST AT LEAST AT THIS POINT

1:04:46WHAT RIGHTS OF WAY NEED SOME OF

1:04:47THAT THE CITY CAN VACATE.

1:04:50SO THE CITY IS REQUESTING TO

1:04:52VACATE ATLANTIC COURT IN ITS

1:04:55ENTIRETY.

1:04:55UH, THAT'S NEAR THE EASTERN

1:04:58PORTION OF THE PROJECT AREA AND

1:04:59IS HIGHLIGHTED IN ITS ENTIRETY

1:05:03IN GREEN.

1:05:05ALL THE EASEMENTS THAT

1:05:07UNDERLINE THAT RIGHT OF WAY

1:05:08WILL BE RETAINED BECAUSE THE

1:05:10CITY NEEDS TO PROVIDE UM

1:05:13SERVICES TO THAT AUTO REPAIR

1:05:16SHOP AT THIS POINT.

1:05:18NOW MOVING WEST TOWARD TO MANOR

1:05:20COURT, ROUGHLY THE NORTHERN

1:05:23HALF OF MANOR COURT IS

1:05:25REQUESTED TO BE VACATED AND IN

1:05:28THIS CASE ALL THE UNDERLYING

1:05:31EASEMENT UNDER THAT GREEN AREA

1:05:33OR VACATED AREA IF YOU WILL

1:05:34WILL ALSO BE VACATED THAT WILL

1:05:38ALLOW ACCESS FROM THE SOUTH TO

1:05:40THAT ONE PROPERTY THAT YOU SEE

1:05:42THERE THAT HAS FRONTAGE ALONG

1:05:45MANOR COURT AND WILL ALSO ALLOW

1:05:48UTILITY SERVICE TO CONTINUE TO

1:05:49BE DELIVERED TO THAT PARTICULAR

1:05:51PROPERTY.

1:05:52AND THEN LASTLY UH ON THE

1:05:54WESTERN SIDE OF THE SITE THE

1:05:58CITY IN THIS CASE WILL BE

1:06:00VACATING THE SOUTHERN PORTION

1:06:02OF TRITON COURT EAST AND IN

1:06:07THIS CASE UH, IN ORDER TO

1:06:09CONTINUE TO PROVIDE UTILITY

1:06:12SERVICES TO THOSE THREE SITES

1:06:15LOCATED JUST SOUTH OF CAPE

1:06:16CORAL PARKWAY.

1:06:18ALL UNDERLYING EASEMENTS WILL

1:06:20BE RETAINED SO THAT CENTRALIZED

1:06:23SEWER AND WATER SERVICES CAN

1:06:25CONTINUE TO BE DELIVERED.

1:06:29ANY I'M SORRY.

1:06:30EXCUSE ME.

1:06:30AND YOU SAID EVENTUALLY THOSE.

1:06:32UH, FIVE SITES.

1:06:34MAY BE.

1:06:36ACQUIRED BY.

1:06:37THE DEVELOPER OR A DEVELOPER.

1:06:40THEY WOULD EITHER BE UH THEY

1:06:41WOULD EITHER BE REQUIRED, UH,

1:06:43ACQUIRED BY THE CITY OR MORE

1:06:44THAN LIKELY I BELIEVE THE THE

1:06:47DEVELOPER ON THAT UM INTIMATE

1:06:49UH WITH THOSE WITH THOSE

1:06:51DETAILS BUT BUT THOSE ARE THE

1:06:53PLANS AND I BELIEVE THOSE

1:06:54NEGOTIATIONS HAVE BEEN UM

1:06:56ONGOING NOW FOR SOME TIME.

1:06:57AND THEN POSSIBLE FUTURE

1:06:59VACATION OF THOSE EASEMENTS

1:07:01THAT ARE IN THE.

1:07:01SO SO EITHER A POSSIBLE FUTURE

1:07:05VACATION OR DEPENDING ON THE

1:07:06REQUEST UH THERE MAY BE A

1:07:10REPLANTING EFFORT THAT MIGHT

1:07:11REMOVE EITHER SOME OF THOSE

1:07:13SMALLER PIECES OF RIGHT AWAY OR

1:07:14THOSE EASEMENTS THAT MIGHT

1:07:16OTHERWISE BE A HINDRANCE TO

1:07:18REDEVELOPING THOSE PROPERTIES.

1:07:18OKAY PERFECT THANK YOU.

1:07:20MHM.

1:07:20>> GO AHEAD.

1:07:21>> AND THEN.

1:07:23THIS SLIDE HERE SHOWS THE

1:07:28PLATTED EASEMENTS THAT WILL BE

1:07:30RETAINED THE INTERIOR PLANNING

1:07:32EASEMENTS I SHOULD SAY THAT

1:07:33WILL BE RETAINED BY THE CITY

1:07:36WHICH ARE CONFINED TO BLOCK 81

1:07:40LOCATED ON THE EAST SIDE OF THE

1:07:43PROPERTY AND THE ARROW POINTS

1:07:44OUT TO THE GENERAL MIDSECTION

1:07:45OF THE BLOCK AND THE PHOTO ON

1:07:47THE RIGHT HAND SIDE OF THE

1:07:49SCREEN UM SHOWS UM OVERHEAD

1:07:54POWER LINES THAT PROVIDE POWER

1:07:57UH CURRENTLY TO THAT AUTO

1:08:00ESTABLISHMENT IN THE NORTHEAST

1:08:01CORNER AND UM.

1:08:03ARE WILL CONTINUE TO BE NEEDED

1:08:06UNTIL AND IF THAT PARTICULAR

1:08:09PROPERTY IS ACQUIRED.

1:08:13SO STAFF IS ANALYZED THIS

1:08:16REQUEST UH BASED ON SECTION

1:08:193.4.5 OF THE LAND DEVELOPMENT

1:08:21CODE WHICH CONTAINS STANDARDS

1:08:23FOR EVALUATING VACATIONS.

1:08:25UH, I'VE SUMMARIZED UH, THOSE

1:08:29STANDARDS AS WELL AS OUR

1:08:31RECOMMENDED FINDINGS HERE ON

1:08:32THIS SLIDE.

1:08:33THE FIRST STANDARD IS ARE THE

1:08:36EASEMENTS AND RIGHT OF WAY

1:08:36REQUIRED FOR A FUTURE

1:08:38TRANSPORTATION WATER MANAGEMENT

1:08:39OR UTILITY PURPOSE.

1:08:41AND WE FIND THAT THAT ANSWER UH

1:08:44,SIMPLY IS NO GETTING BACK TO

1:08:47THE RIGHTS OF WAY THAT WILL BE

1:08:49LOST.

1:08:50UH, THERE ARE OTHER AVENUES

1:08:55HERE EVEN IN LOSING ALL OR

1:08:58PORTIONS OF THE STREET.

1:09:00YOU'LL NOTICE THAT TARPON COURT

1:09:02ON THE WEST SIDE UH, OF THIS

1:09:06SLIDE UH, WILL REMAIN INTACT

1:09:09AND OF COURSE CORONADO PARKWAY

1:09:11WHICH IS A MAJOR STREET UM WELL

1:09:13IT WILL NOT BE AFFECTED.

1:09:15AND THE DISTANCE BETWEEN TARPON

1:09:17COURT AND CORONADO PARKWAY IS

1:09:19ROUGHLY 1200 FEET.

1:09:21SO EVEN IF PEOPLE WERE USING UH

1:09:24TRITON COURT OR MANOR COURT AS

1:09:26SORT OF A CUT THROUGH TO DRIVE

1:09:29FROM CAPE CORAL PARKWAY TO

1:09:30VICTORIA DRIVE, THEY WOULD ONLY

1:09:32HAVE TO DRIVE A SHORT DISTANCE

1:09:33EITHER UH EAST OR WEST TO USE

1:09:37ONE OF THESE ALTERNATIVE UH

1:09:39STREETS TO GET TO WHERE THEY'RE

1:09:41WANTING TO GO.

1:09:43UH, FOR THE MOST PART THESE

1:09:45THREE STREETS, UM, THAT ARE

1:09:47BEING VACATED IN WHOLE OR IN

1:09:49PART UH, ARE NARROW.

1:09:52THEY WOULD BE CONSIDERED I

1:09:53THINK SUBSTANDARD BASED ON OUR

1:09:55ENGINEERING AND DESIGN

1:09:56STANDARDS TODAY AND THEY

1:09:58LARGELY PROVIDED UH, SERVICE

1:10:01UH, SIMPLY FOR ACCESS TO MANY

1:10:03OF THESE RESIDENTIAL DWELLINGS

1:10:04THAT HAVE NOW BEEN REMOVED FROM

1:10:07THE PROJECT AREA.

1:10:12UH, THE SECOND STANDARD ARE NEW

1:10:14EASEMENTS REQUIRED TO

1:10:16ACCOMMODATE THE VACATION OF

1:10:17EASEMENTS AND RIGHT OF WAY

1:10:19REQUESTED TO BE VACATED.

1:10:20THE ANSWER TO THAT IS NO.

1:10:22ALTHOUGH SOME EXISTING

1:10:24EASEMENTS WILL BE RETAINED AND

1:10:26THAT INCLUDES UH, THOSE

1:10:29EASEMENT UNDERLYING PORTIONS OF

1:10:31THE RIGHTS OF WAY UH IT WILL

1:10:33INCLUDE THE PLANTED EASEMENTS

1:10:34IN LOT 81 AND IT WILL ALSO

1:10:36INCLUDE A PERIMETER EASEMENT

1:10:37AROUND THE UH, ENTIRE 20 ACRE

1:10:40PROJECT AREA.

1:10:42THIRD OR ALTERNATIVE ROUTES

1:10:44REQUIRED OR AVAILABLE THAT DO

1:10:46NOT CAUSE ADVERSE IMPACTS TO

1:10:48SURROUNDING AREAS.

1:10:50ALTERNATIVE ROUTES ARE REALLY

1:10:52IN PLACE SO THERE ARE NO NEW

1:10:55ALTERNATIVE ROUTES THAT NEED TO

1:10:57BE EXECUTED.

1:10:58CAN YOU MAKE SURE YOUR PHONE

1:11:00STAYS OFF PLEASE?

1:11:01THANK YOU.

1:11:02COME TO ANSWER OH WAIT.

1:11:06UH.

1:11:06>> YOU GOT OKAY.

1:11:13VERY GOOD.

1:11:14THANK YOU.

1:11:14GO AHEAD.

1:11:15I'M SORRY.

1:11:15YEAH.

1:11:16JUST TO FINISH UP ON THREE

1:11:17THERE ARE NO NEW ALTERNATIVE

1:11:19ROUTES THAT ARE NEEDED UM, TO

1:11:22PROVIDE UM.

1:11:24UM.

1:11:25>> UM CONNECTIONS UM THAT MIGHT

1:11:30BE LACKING IN THE EXISTING

1:11:32TRANSPORTATION NETWORK UH, FOR

1:11:34WILL THE CLOSURE OF A RIGHT OF

1:11:35WAY NEGATIVELY AFFECT AREAS

1:11:37USED FOR VEHICLES TO TURN

1:11:38AROUND AND EXIT AN AREA?

1:11:41THE ANSWER TO THAT IS NO, NOT

1:11:43WITH STAFF CONDITIONS THAT WILL

1:11:45REQUIRE FOR TWO OF THE STREETS

1:11:47THAT WILL DEAD END.

1:11:49WE'RE REQUIRING AS A CONDITION

1:11:50OF APPROVAL SOME TYPE OF UH

1:11:53WHAT WE DESCRIBE OFTEN AS A

1:11:55HAMMERHEAD OR A TURNAROUND THAT

1:11:56WOULD ALLOW NOT ONLY CARS BUT

1:11:57WOULD BE UH, SUFFICIENTLY SIZED

1:12:00TO ALLOW EMERGENCY MANAGEMENT

1:12:02VEHICLES TO COMPLETELY TURN

1:12:03AROUND WITHOUT HAVING TO BACK

1:12:05UP ALL THE WAY, UH, FOR EXAMPLE

1:12:09TO CAPE CORAL PARKWAY ONTO A

1:12:10MAJOR STREET AND THEN LASTLY

1:12:14HAVE LOCAL UTILITY PROVIDERS,

1:12:16UH, GIVEN CONSENT TO THE

1:12:18VACATION OF THE EASEMENTS AND

1:12:18THE RIGHT OF WAY IN THE ANSWER

1:12:20TO THAT IS YES WITH CONDITIONS

1:12:21.

1:12:22SO IN SUMMARY BASED ON OUR

1:12:25ANALYSIS OF THE STANDARDS AND

1:12:27AND CONDITIONS THAT ARE

1:12:28RECOMMENDED BY STAFF, STAFF

1:12:29FINDS THAT THERE IS NOT A

1:12:31REASONABLE FORESEEABLE PUBLIC

1:12:33PURPOSE FOR THE RIGHTS OF WAY

1:12:35OR THE EASEMENTS THAT ARE

1:12:36REQUESTED TO BE VACATED BY THE

1:12:37CITY.

1:12:40UH, THIS REQUEST IS ALSO

1:12:41CONSISTENT WITH SEVERAL UH

1:12:43POLICIES THAT APPEAR IN THE

1:12:44FUTURE LAND USE ELEMENT OF THE

1:12:47COMPREHENSIVE PLAN.

1:12:48UH, THE FIRST IS THAT THE.

1:12:52EXISTING ZONING BE ZONING IS

1:12:55CONSISTENT WITH THE DOWNTOWN

1:12:56MIXED FUTURE LAND USE

1:12:58CLASSIFICATION.

1:12:59IT'S ALSO CONSISTENT WITH

1:13:00POLICY 3.3.6, WHICH SAYS THAT

1:13:04THE CITY MAY CONSIDER VACATION

1:13:07REQUESTS TO FACILITATE LAND

1:13:09ASSEMBLY IN THE DEVELOPMENT OF

1:13:11A UNIFIED CONTIGUOUS PROJECT

1:13:12WHICH IS EXACTLY WHAT THE THE

1:13:14CITY HOPES TO ACCOMPLISH AT THE

1:13:16END OF THIS PROCESS.

1:13:18AND THEN LASTLY, IT'S

1:13:20CONSISTENT WITH POLICY 17.1

1:13:23WHICH IS A POLICY THAT PERTAINS

1:13:26SPECIFICALLY TO THE DOWNTOWN

1:13:28AREA AND IT'S SORT OF A THREE

1:13:30PART POLICY AND BASICALLY UH,

1:13:34THIS POLICY ASKS WILL THE

1:13:37VACATED STREET RIGHT OF WAYS UM

1:13:40,ADVERSELY IMPACT CURRENT OR

1:13:42FUTURE BICYCLE OR PEDESTRIAN UH

1:13:44MOBILITY.

1:13:45AND OUR RESPONSE TO THAT IS NO

1:13:47,UH WILL THE LOSS OF STREET

1:13:49RIGHTS OF WAY PREVENT ACCESS TO

1:13:52ADJACENT LAND USES?

1:13:53AND AGAIN THAT ANSWER IS NO

1:13:55BECAUSE IN THE CASE OF TWO

1:13:57STREETS, UH ACCESS WILL BE

1:14:00MAINTAINED FOR THOSE PROPERTIES

1:14:02THAT ARE CURRENTLY HAVE NOT

1:14:04BEEN PURCHASED BY THE CITY.

1:14:05AND THEN LASTLY IS THE VACATION

1:14:08AREA PART OF A LARGER SITE THAT

1:14:11IS A CANDIDATE FOR A MIXED USE

1:14:12PROJECT AND THE ANSWER TO THAT

1:14:14IS YES.

1:14:18THIS UH PARTICULAR REQUEST IS

1:14:20ALSO CONSISTENT WITH ONE POLICY

1:14:23THAT APPEARS IN THE SOUTH CAPE

1:14:26DOWNTOWN COMMUNITY

1:14:27REDEVELOPMENT PLAN AND THAT'S

1:14:28POLICY 3.2.1, WHICH STATES

1:14:32ASSEMBLE PROPERTY AS NECESSARY

1:14:33WORK CONDITIONS OF TITLE

1:14:35DIVERSE OWNERSHIP LOT LAYOUTS

1:14:37OR OTHER CONDITIONS PREVENT

1:14:39PROPER DEVELOPMENT IN STRATEGIC

1:14:41AREAS WHERE THE CITY'S

1:14:43REDEVELOPMENT EFFORTS CAN BE

1:14:45SUCCESSFUL AND EFFECTIVELY

1:14:46LEVERAGE.

1:14:46SO WHAT THE CITY IS DOING HERE

1:14:48IS THAT THEY HAVE BOUGHT UP A

1:14:49BUNCH OF SMALL PLATTED LOTS UH

1:14:52,WHICH YOU KNOW THEMSELVES

1:14:55HAVE RELATIVELY LITTLE

1:14:57DEVELOPMENT POTENTIAL.

1:14:57THEY ARE ASSEMBLING THEM TO

1:15:00PROVIDE FOR A LARGER COHESIVE

1:15:02PROJECT TO UH, AMELIORATE OR

1:15:05REMOVE BLIGHTED CONDITIONS WITH

1:15:06THE IDEA OF DEVELOPING A LARGE

1:15:08MIXED USE PROJECT AT THE END.

1:15:10>> OF.

1:15:10THE DAY.

1:15:10>> IN SUMMARY, THE STREET

1:15:13RIGHTS OF WAY AND EASEMENTS

1:15:14THAT WILL BE VACATED DO NOT

1:15:16SERVE A FORESEEABLE PUBLIC

1:15:18PURPOSE.

1:15:19THE REQUEST IS CONSISTENT WITH

1:15:20THOSE STANDARDS THAT APPEAR IN

1:15:22THE LAND DEVELOPMENT CODE FOR

1:15:23EVALUATING VACATIONS.

1:15:25THE REQUEST IS CONSISTENT WITH

1:15:27APPLICABLE POLICIES APPEARING

1:15:29IN THE CITY COMPREHENSIVE PLAN

1:15:30AS WELL AS THE SOUTH GATE

1:15:32DOWNTOWN REDEVELOPMENT PLAN AND

1:15:34WITH CONDITIONS.

1:15:35THIS REQUEST PROMOTES AND

1:15:36PROTECTS THE HEALTH, SAFETY AND

1:15:38WELFARE OF THE COMMUNITY.

1:15:40STAFF IS RECOMMENDING APPROVAL

1:15:42WITH CONDITIONS WE HAVE HEARD

1:15:45SO FAR FROM UH FOUR DIFFERENT

1:15:48INDIVIDUALS THAT HAVE REACHED

1:15:49OUT TO US ABOUT THIS PROJECT

1:15:51ALL OF THEM JUST WANTING MORE

1:15:53INFORMATION ABOUT THIS

1:15:54PARTICULAR REQUEST AND I'LL

1:15:56STAND BY IN CASE YOU HAVE ANY

1:15:57QUESTIONS FOR ME.

1:15:58UM I DO.

1:16:03THIS IS UM I DID THERE IS A

1:16:06LETTER UM FROM MANOR.

1:16:09CONDOMINIUM RECALL THAT.

1:16:11YES I DO.

1:16:12IT'S SUPPORTING THE VACATION

1:16:15BUT THEY HAD SOME REQUESTS FOR

1:16:16A CERTAIN CONTRACTUAL.

1:16:17REQUIREMENTS THAT.

1:16:18FOR THE FOR THE COUNCIL.

1:16:19SO UM I WILL TAKE.

1:16:21>> THOSE INTO CONSIDERATION IN

1:16:23MY ORDER.

1:16:24UM, BUT FOR.

1:16:25NOW, UH, WELL IS THERE ANY

1:16:26PUBLIC COMMENT.

1:16:27ON THIS PARTICULAR EAST

1:16:28SITUATION HERE?

1:16:30NO.

1:16:30>> OKAY.

1:16:32>> SO NO PUBLIC COMMENT.

1:16:33UM I'M GOING TO APPROVE IT WITH

1:16:36THE CONDITIONS AND OBVIOUSLY.

1:16:37I'VE ASKED THIS QUESTION OF ALL

1:16:38THE APPLICANTS DOES THE CITY.

1:16:40ACCEPT THE.

1:16:41>> CONDITIONS THIS THE CITY

1:16:43APPROVAL?

1:16:44THE CITY DOES ACCEPT THE

1:16:45CONDITIONS WE ARE IMPOSING ON

1:16:47OURSELVES.

1:16:47VERY GOOD.

1:16:48>> THANK YOU.

1:16:48ALL RIGHT.

1:16:49SO UH.

1:16:50RIGHT NOW IT'S IT'S APPROVED

1:16:52WITH THE CONDITIONS I MAY PUT

1:16:54IN SOME RESTRICTIONS.

1:16:55BASED UPON THE LETTER THAT I

1:16:57READ THAT.

1:16:57WAS RECEIVED FROM OUR CONDO.

1:16:59OKAY.

1:16:59>> THANK YOU.

1:17:00THANK YOU.

1:17:14OKAY.

1:17:17ALL RIGHT.

1:17:18UM.

1:17:21MADAM CLERK.

1:17:24CASE NUMBER VAC 20 6-0000 11

1:17:30APPLICANT QUATTRONE AND

1:17:32ASSOCIATES INCORPORATED JAMIE

1:17:34RIVERA ADDRESS MULTIPLE LOTS ON

1:17:3732ND PLACE ACREAGE 36,018

1:17:43SQUARE 18FT2 REQUEST VACATE

1:17:4836,018FT2 OF STREET RIGHT OF

1:17:50WAY AND UNDERLYING EASEMENTS

1:17:52BETWEEN UNIT 58 BLOCK 5336 LOTS

1:17:5724 TO 38 AND UNIT 58 BLOCK 5337

1:18:01LOTS ONE THROUGH 16 BEING A

1:18:03PORTION OF SOUTHWEST 32ND PLACE

1:18:06RECOMMENDATIONS CITY PLANNING

1:18:07STAFF RECOMMENDS APPROVAL WITH

1:18:09CONDITIONS.

1:18:10THANK YOU, MADAM CLERK.

1:18:13THANK YOU MADAM HEARING

1:18:15EXAMINER AGAIN FOR THE RECORD

1:18:16PATRICK CARLSON MY PRINCIPAL

1:18:17PLANNER DOWNSTAIRS AND DSD AT

1:18:20THIS POINT I WOULD LIKE TO

1:18:22ACKNOWLEDGE THAT THIS CASE WAS

1:18:23DULY ADVERTISED.

1:18:24WE PLACED SIGNS IN THE VACATION

1:18:26AREA WE PROVIDED UH NOTICE

1:18:29WITHIN THE NEWS-PRESS AND WE

1:18:31MAILED TO PROPERTY OWNERS

1:18:32WITHIN 500FT.

1:18:34I FIND THAT THERE WAS PROPER

1:18:35NOTICE.

1:18:36AND THAT YOU ARE AN EXPERT.

1:18:37THANK YOU.

1:18:38>> UH, AT THIS POINT I'M.

1:18:40PREPARED TO PROVIDE.

1:18:41A POWERPOINT PRESENTATION OR IF

1:18:43YOU'D LIKE TO HEAR FROM THE

1:18:44APPLICANT FIRST WE'LL INVITE

1:18:45THEM UP.

1:18:45I WOULD LIKE TO HEAR FROM THE

1:18:47APPLICANT AND SEE APPLICANT

1:18:49PRESENT.

1:18:49THERE WE GO.

1:18:50THANK YOU.

1:18:51GOOD GOOD TO SEE YOU.

1:18:52SEE YOU.

1:18:52YOU KNOW, UH.

1:18:54I CAN I CAN.

1:18:55TRY TO.

1:18:55>> FIGURE THIS OUT.

1:18:56YEAH, IT'S.

1:18:56PRETTY EASY.

1:18:59YOU JUST.

1:19:08GOOD MORNING MADAM HEARING

1:19:10EXAMINER.

1:19:11GOOD MORNING.

1:19:11MY NAME IS JAMIE RIVERA.

1:19:12I'M WITH QUATTRONE AND

1:19:13ASSOCIATES.

1:19:14I'M A PROFESSIONAL ENGINEER AND

1:19:15A CERTIFIED FLOODPLAIN MANAGER

1:19:17,AND I AM THE AUTHORIZED.

1:19:18REPRESENTATIVE FOR.

1:19:19>> THE.

1:19:20APPLICANT'S ISLAND PURL ONE LLC

1:19:23IN ISLAND PURL TWO LAND TRUST.

1:19:25SO TODAY WE'RE GOING TO TALK

1:19:27ABOUT A.

1:19:28UH, VACATION OF A PORTION OF

1:19:30SOUTHWEST 32ND PLACE.

1:19:34UH, THE REQUEST IS AS STATED

1:19:36BEFORE.

1:19:37IS TO.

1:19:37>> VACATE 36,018FT2 OF STREET

1:19:41RIGHT AWAY AND UNDERLYING

1:19:43EASEMENTS BETWEEN BLOCK 5336

1:19:45AND BLOCK UH 5337.

1:19:51IN THIS UH THIS RIGHT OF WAY IT

1:19:54IS A 60 FOOT WITH RIGHT OF WAY

1:19:57WITH.

1:19:58TWO TEN FOOT.

1:19:59ASPHALT LANES OPEN DRAINAGE

1:20:01THERE IS NO EXISTING DRIVEWAYS

1:20:03ALONG THIS VACATION AREA.

1:20:05UM THERE IS DRAINAGE

1:20:08INFRASTRUCTURE, SANITARY SEWER

1:20:11INFRASTRUCTURE, WATER MAIN AND

1:20:13IRRIGATION UM INFRASTRUCTURE AS

1:20:15WELL UM ALL UTILITIES INCLUDING

1:20:16THE DRAINAGE ARE THE UPSTREAM

1:20:19AND DEAD END OF THE UTILITIES

1:20:22OF THE ADJACENT PARCELS THE

1:20:24APPLICANT HAS ASSEMBLED ON ON

1:20:25THE IMMEDIATE EAST AND WEST

1:20:27SIDE BOUNDARIES.

1:20:27OF THE REQUESTED VACATION.

1:20:28AREA AND THE APPLICANT IS

1:20:32PROPOSING A 20 FOOT PUBLIC

1:20:33ACCESS EASEMENT ACROSS THE

1:20:36ENTIRETY TO ALLOW UH PUBLIC

1:20:38TRAFFIC TO MAINTAIN UTILITIES

1:20:40WILL BE ABANDONED IN PLACE.

1:20:42UH DRAINAGE WITHIN THIS VACATED

1:20:43AREA WILL BE UM ACCOMMODATED

1:20:46WITHIN THE COMMERCIAL

1:20:48SUBDIVISION.

1:20:48OF THE OVERALL.

1:20:50UH DEVELOPMENT THE RED.

1:20:53UM THE AREA IN RED IS THE

1:20:56ADJACENT PARCELS.

1:20:57TO THE VACATION AREA.

1:21:01AND AS ANOTHER LOOK THIS IS A

1:21:03SURVEY SKETCH OF THE BLUE AREA

1:21:06THAT'S ON THE SCREEN IS THE

1:21:07PROPOSED VACATION AREA AND THE

1:21:09ORANGISH YELLOWISH AREA IS

1:21:11GOING TO BE THE PROPOSED.

1:21:1220 FOOT CROSS CROSS ACCESS

1:21:14EASEMENT.

1:21:15EXCUSE ME.

1:21:17UM AS STATED PREVIOUSLY ALL OF

1:21:20THE PARCELS THAT ARE

1:21:21IMMEDIATELY ADJACENT.

1:21:21TO THE.

1:21:22VACATION AREA WERE ASSEMBLED BY

1:21:24EITHER ISLAND PEARL ONE LLC OR

1:21:26ISLAND PURL TWO LAND TRUST.

1:21:31UM THIS VACATION AREA AND THE

1:21:34PARCELS THAT ARE IMMEDIATELY

1:21:35ADJACENT.

1:21:35TO IT.

1:21:36ARE WITHIN THE PINE ISLAND ROAD

1:21:38DISTRICT FUTURE LAND USE UH

1:21:40CATEGORY AND THEN UH IT IS ALSO

1:21:42IN THE COMMERCIAL CORRIDOR OF

1:21:44THE ZONING MAP.

1:21:47TO GO OVER THE.

1:21:48VACATION STANDARDS IN THE.

1:21:50CITY OF.

1:21:51>> CAPE CORAL PLANNING STAFF UM

1:21:53,I WANTED TO SAY ON RECORD

1:21:54THAT THE APPLICANT IS IN

1:21:55AGREEMENT AND HAS NO OBJECTIONS

1:21:57OF THE FINDINGS THROUGH.

1:21:59>> THE.

1:21:59FIVE STANDARDS, UM, THAT WE'VE

1:22:00GONE THROUGH.

1:22:01A FEW TIMES WITH THE VACATIONS

1:22:02.

1:22:02PREVIOUS UM, I WANT TO.

1:22:05>> JUST WANTED TO PICK UP.

1:22:06A FEW THINGS OUT OF THIS.

1:22:07IS THAT A CROSS ACCESS

1:22:09EASEMENT.

1:22:09>> TO THE PUBLIC?

1:22:10UH, PERPETUALLY WITH THE CITY

1:22:11OF CAPE CORAL IS PROPOSED

1:22:13ACROSS THE.

1:22:13ENTIRETY OF.

1:22:14>> THE VACATION.

1:22:15TO CONTINUE VEHICULAR.

1:22:16ACCESS FROM UH FROM.

1:22:18SOUTH WEST 32ND PLACE THE

1:22:20PORTION THAT'S NOT BEING

1:22:21VACATED TO PINE ISLAND ROAD.

1:22:25ALSO, UH, TO REVIEW THE.

1:22:28COMP PLAN.

1:22:29UM, COMPLIANCE.

1:22:31IS THAT.

1:22:33UH.

1:22:33>> THIS VACATION IS COMPLIANT

1:22:35WITH.

1:22:35POLICY 115 THAT.

1:22:37THE ZONING IS CONSISTENT WITH

1:22:38PINE ISLAND ROAD UH PYLON ROAD

1:22:41.

1:22:41DISTRICT FUTURE LAND USE.

1:22:42AND ALSO UH IT IS CONSISTENT

1:22:45WITH 3.7 WHERE.

1:22:46>> THE CITY.

1:22:47>> MAY CONSIDER THE VACATION.

1:22:48OF RIGHT OF WAYS TO FACILITATE

1:22:50THE.

1:22:50>> LAND ASSEMBLY.

1:22:51>> AND DEVELOPMENT OF.

1:22:52CONTIGUOUS COMMERCIAL PROJECTS

1:22:53.

1:22:56UH, TO.

1:22:57GO THROUGH.

1:22:58>> ALL THE CONDITIONS I.

1:22:59>> KNOW PATRICK HERE WILL BE

1:22:59GOING THROUGH.

1:23:00>> ALL OF THEM AS WELL.

1:23:01SO UH I JUST WANT TO STATE

1:23:03THAT.

1:23:03>> WE ARE IN AGREEANCE.

1:23:04WITH UH.

1:23:05CONDITION ONE.

1:23:07UH, WE ARE IN GRANTS WITH.

1:23:08CONDITION TWO AS WELL OF THE

1:23:11STAFF REPORT.

1:23:11THE ONLY STATEMENT.

1:23:12>> THAT WE WANTED TO SAY IS

1:23:13THAT PINE ISLAND ROAD UH, WEST.

1:23:15OF BURNT STORE.

1:23:18IS OWNED.

1:23:18BY LEE COUNTY AND.

1:23:19IT IS NOT OWNED BY FDOT.

1:23:21SO WE WILL BE THE APPLICANT

1:23:22WILL BE.

1:23:23WORKING WITH LEE COUNTY AND

1:23:24GETTING THE APPLICABLE PERMITS

1:23:27REQUIRED FOR THE PINE ISLAND

1:23:28ROAD IMPROVEMENTS.

1:23:31ALSO, THE.

1:23:32>> APPLICANT AGREES WITH

1:23:33CONDITIONS THREE AND FOUR.

1:23:38AND THE.

1:23:39APPLICANT IS.

1:23:40>> IN AGREEMENT WITH.

1:23:41THE UM GENERAL TREE FUND.

1:23:44TOTALING IN.

1:23:48$210,686.94.

1:23:48>> UH CONDITIONS SIX, EIGHT,

1:23:52NINE AND TEN.

1:23:52THE APPLICANT.

1:23:53IS IN AGREEMENT WITH.

1:23:57I LEFT CONDITION SEVEN TO.

1:23:58BE THE LAST TO DISCUSS BECAUSE

1:24:00WE DID RECEIVE.

1:24:01COMMENTS REGARDING UM FROM THE

1:24:03PUBLIC AND FROM.

1:24:03LOCAL RESIDENTS.

1:24:05OF THE DRAINAGE.

1:24:06SO THE.

1:24:07>> APPLICANT IS IN AGREEMENT TO

1:24:08MAINTAIN POSITIVE DRAINAGE FOR.

1:24:10706 SOUTH WEST.

1:24:1132ND PLACE UM AN ADDITIONAL

1:24:14THAT ALL OF THE AREA THAT THE.

1:24:16VACATED THE.

1:24:17VACATED AREA THAT OPEN DRAINAGE

1:24:18WILL BE WITHIN THE.

1:24:20>> COMMERCIAL DEVELOPMENT.

1:24:22TO TALK A LITTLE BIT.

1:24:24>> ABOUT THE DRAINAGE OF THIS

1:24:25AREA.

1:24:25UM I.

1:24:26DID PROVIDE A MAP HERE.

1:24:28THE PURPLE AREA IS THE.

1:24:29PROPOSED COMMERCIAL SUBDIVISION

1:24:31BOUNDARY.

1:24:31UM THIS IS THE.

1:24:32EXISTING DRAINAGE MAP.

1:24:34UH.

1:24:34>> THERE IS.

1:24:36>> IN THE RED THOSE ARE THE

1:24:38EXISTING.

1:24:39DRAINAGE WITHIN THE.

1:24:40CITY OF CAPE CORAL RIGHT OF

1:24:41WAYS.

1:24:41>> OR EASEMENTS UH, PORTION OF

1:24:44THE THE IN THE BLUE AREA.

1:24:45>> IS THE REQUESTED.

1:24:46VACATION AREA RIGHT NOW

1:24:48EVERYTHING IS SHEET FLOWING.

1:24:49THERE IS MINIMAL STORAGE AREA

1:24:51FOR.

1:24:51STORMWATER BESIDES THE ROADSIDE

1:24:53SWALES.

1:24:54EVERYTHING DOES.

1:24:55UH DRAIN.

1:24:56>> TO THESE ROADSIDE SWALES AND

1:24:57.

1:24:58INTO UM EXISTING.

1:24:59INFRASTRUCTURE AND THEN

1:25:01DISCHARGES INTO.

1:25:01>> THE ADJACENT CANAL.

1:25:06THE PROPOSED.

1:25:07DRAINAGE UM.

1:25:08INCLUDING ALL THE.

1:25:10PARCELS THAT.

1:25:11>> ARE ADJACENT TO THE VACATED

1:25:12VACATED.

1:25:12>> AREA.

1:25:13AND ALSO THE REQUESTED

1:25:14VACATION.

1:25:14AREA, UH, WILL BE INCLUDED.

1:25:16AND BURNED FROM ANY ADJACENT

1:25:19AREAS AS YOU COULD SEE IN THE.

1:25:20ORANGE LINE.

1:25:21THIS IS A PERIMETER.

1:25:23BERM THAT'S GOING TO BE

1:25:24ESTABLISHED.

1:25:25BASED ON CITY OF CAPE CORAL AND

1:25:26ALSO SOUTH FLORIDA WATER.

1:25:27MANAGEMENT DISTRICT POLICIES.

1:25:29UM ADDITIONALLY THERE WILL BE

1:25:31UH A.

1:25:32CONTROL STRUCTURE THAT LIMITS

1:25:33THE DISCHARGE.

1:25:34OF ALL OF THE.

1:25:35STORMWATER IN THIS AREA AND UM

1:25:39.

1:25:39>> AS SHOWN PREVIOUSLY THIS.

1:25:41IS RIGHT NOW BEING ESTIMATED

1:25:42AND IT IS UNDER.

1:25:43REVIEW WITH SOUTH.

1:25:44FLORIDA WATER.

1:25:44>> MANAGEMENT DISTRICT AND AND

1:25:45THE CITY.

1:25:45UM TO REDUCE.

1:25:47AND MINIMIZE BY OVER 50% UM OF

1:25:50THE DISCHARGE.

1:25:51UH FROM.

1:25:52EXISTING TO PROPOSED.

1:25:56SO I'M HERE FOR ANY QUESTIONS.

1:25:58I KNOW THERE WERE SOME

1:25:58ADDITIONAL.

1:25:59COMMENTS THAT CAME IN THAT WE

1:26:00WERE.

1:26:00NOTIFIED MONDAY EVENING.

1:26:02I DID UM.

1:26:04I RECEIVED THEM.

1:26:06UM YESTERDAY I BELIEVE AND I

1:26:07BELIEVE MANY OF THE.

1:26:09OF THOSE.

1:26:10UH REPRESENTED.

1:26:11HERE TODAY WHICH WE WILL WE

1:26:13WILL HEAR FROM OKAY WE'LL HEAR

1:26:15FROM EVERYBODY.

1:26:16SO UM.

1:26:17I CURRENTLY RIGHT NOW DO NOT

1:26:19HAVE ANY QUESTIONS FOR YOU BUT

1:26:21I WANT TO HERE.

1:26:22THANK YOU.

1:26:23MR. WHITE HAS TO SAY.

1:26:36THANK YOU.

1:26:37MADAM HEARING EXAMINER MY

1:26:39POWERPOINT PRESENTATION ISN'T

1:26:40VERY DIFFERENT FROM THE

1:26:42APPLICANTS BUT I WILL

1:26:44NONETHELESS PRESENT IT.

1:26:45IT IS FOR VAC 2611.

1:26:48THE PROPERTY OWNERS ARE ISLAND

1:26:50PRO ONE LLC AND.

1:26:52DANIEL AGUIAR.

1:26:53TRUSTEE OF ISLAND PRO TWO LAND

1:26:56TRUST.

1:26:56UH, WE'VE MET MISS RIVERA THE

1:26:58AUTHORIZED REP.

1:26:59THE REQUEST IS TO VACATE

1:27:0136,000FT2 OF STREET RIGHT OF

1:27:02WAY AND UNDERLINED EASEMENTS

1:27:04UH, LYING UH, BASICALLY IN THE

1:27:06MIDDLE OF BLOCK 5336 AND 5337

1:27:10ON THE SOUTH SIDE BETTER

1:27:12DISPLAYED HERE AND IN THE NEXT

1:27:14COUPLE IMAGES WE'RE IN WEST

1:27:16CAPE CORAL THAT'S THE

1:27:17INTERSECTION OF SOUTHWEST PINE

1:27:19ISLAND ROAD AND UM AND UH BURN

1:27:23STORE THERE UH THE SOUTHEAST

1:27:25CORNER OF THE SUBJECT AREA.

1:27:27UM AS WE ZOOM IN A LITTLE BIT

1:27:30YOU CAN SEE THE PARCELS THAT

1:27:32ARE AFFECTED UH, IMMEDIATELY BY

1:27:34THIS UH, PROPOSED VACATION.

1:27:36UH, IT'S UH, LARGE ASSEMBLED

1:27:39UH, AREA IMMEDIATELY WEST OF

1:27:41BURN STORE ROAD AND THEN

1:27:43ANOTHER BLOCK FURTHER WEST.

1:27:45THE FUTURE LAND USE MAP SHOWS

1:27:48UM THE SUBJECT AREA AND UH PINE

1:27:51ISLAND ROAD DISTRICT WITH

1:27:53SINGLE FAMILY RESIDENTIAL TO

1:27:55THE NORTH AND FURTHER WEST.

1:27:57UH THE ZONING MAP PAINTS A

1:27:59SIMILAR PICTURE SHOWING THE

1:28:00PARCELS AS COMMERCIAL CORRIDOR

1:28:04SOUTHWEST 32ND PLACE IS A TWO

1:28:05LANE LOCAL ROADWAY AND IT

1:28:07EXTENDS NORTH FROM PINE ISLAND

1:28:08ROAD FOR ABOUT A QUARTER MILE

1:28:10TILL IT DEAD ENDS AT CETUS UM

1:28:13THE APPLICANTS ASSEMBLED ALL OF

1:28:15BLOCK 5337 AND A LARGE PORTION

1:28:18OF 5336 WHICH IS IMMEDIATELY

1:28:20WEST UH IN ORDER TO PREVENT

1:28:23SOUTHWEST 32ND PLACE FROM DEAD

1:28:25ENDING, THE APPLICANT IS

1:28:27PROPOSING A 20 FOOT WIDE CROSS

1:28:29ACCESS EASEMENT DOWN THE MIDDLE

1:28:31OF THE PROPOSED VACATION AREA,

1:28:33WHICH WOULD CONNECT TO THE

1:28:35NORTHERN PIECE OF SOUTHWEST

1:28:3832ND PLACE TO PINE ISLAND ROAD,

1:28:40THE VACATION AREA HERE THIS IS

1:28:43ALSO EXHIBIT A IS UH DEPICTED

1:28:45IN BLUE.

1:28:47AND THE CROSS ACCESS EASEMENT

1:28:49DEPICTED IN AN ORANGE COLOR

1:28:52HERE IT'S UH EXHIBIT B RUNNING

1:28:54DOWN THE MIDDLE.

1:28:56THERE ARE A NUMBER OF DIFFERENT

1:28:58STANDARDS THAT WE LOOK AT WHEN

1:29:00REVIEWING A VACATION.

1:29:01UH, THEY'RE SUMMARIZED HERE

1:29:02BEFORE YOU UH, STANDARD ONE

1:29:06QUESTION IS WHETHER THE

1:29:06EASEMENTS AND RIGHTS WAY ARE

1:29:07REQUIRED FOR A FUTURE

1:29:09TRANSPORTATION, WATER

1:29:09MANAGEMENT OR UTILITY PURPOSE

1:29:11STAFF FOUND NO TO WHETHER THERE

1:29:13ARE NEW EASEMENTS REQUIRED TO

1:29:15ACCOMMODATE THE VACATION AREA.

1:29:16YES ACROSS ACCESS EASEMENT WAS

1:29:19VOLUNTARILY GRANTED.

1:29:21QUESTION THREE ASKS ARE

1:29:22ALTERNATE ROUTES REQUIRED OR

1:29:23AVAILABLE THAT UH DO NOT CAUSE

1:29:25ADVERSE IMPACTS TO THE

1:29:26SURROUNDING AREA?

1:29:27AND STAFF FOUND THAT WITH THE

1:29:28CROSS ACCESS EASEMENT THAT'S

1:29:30SUFFICIENTLY ADDRESSED UH

1:29:32CRITERIA THREE WITH THE CLOSURE

1:29:34OF THE RIGHT AWAY NEGATIVELY

1:29:35AFFECT AREAS USED FOR VEHICLES

1:29:36TO TURN AROUND THAT FOUND THAT

1:29:39TO BE A NEGATIVE AGAIN WITH

1:29:41THAT CROSS ACCESS EASEMENT AND

1:29:43SOME UH, DESIGN CONSIDERATIONS

1:29:45WHEN WE GET TO THE ACTUAL SITE

1:29:47DESIGN AND CRITERIA FIVE HAVE

1:29:49LOCAL UTILITY PROVIDERS

1:29:51PROVIDED THEIR CONSENT?

1:29:51YES WE HAVE THAT WAS SOME

1:29:53CONDITIONS SIMILAR TO THE

1:29:55PREVIOUS CASE.

1:29:55WE'RE NOT APPROVING ANY ACTUAL

1:29:57PHYSICAL DEVELOPMENT BUT

1:29:58SETTING THE STAGE FOR IT WITH

1:30:00THIS PROPOSED VACATION.

1:30:02THERE'S A COUPLE.

1:30:03>> OF DIFFERENT COMP PLAN

1:30:05POLICIES.

1:30:05UH, THE COMMERCIAL CORRIDOR UH

1:30:07ZONING DESIGNATION IS

1:30:09CONSISTENT WITH THE PINE ISLAND

1:30:10ROAD DISTRICT FUTURE LAND USE

1:30:11PER POLICY 1.15 POLICY 3.7

1:30:16SPEAKS UH BASICALLY SAYS THAT

1:30:17THE CITY CAN CONSIDER VACATIONS

1:30:19OF RIGHTS OF WAY TO FACILITATE

1:30:20LAND ASSEMBLY.

1:30:22UH, THIS VACATION WILL ALLOW

1:30:24MULTIPLE PARCELS TO BE STRAPPED

1:30:26TOGETHER INTO A CONTINUOUS

1:30:27DEVELOPMENT SITE.

1:30:29STAFF'S RECOMMENDING APPROVAL

1:30:30WITH CONDITIONS.

1:30:31WE'VE RECEIVED A NUMBER OF

1:30:33EMAILS FROM RESIDENTS AND

1:30:35INTERESTED PROFESSIONALS IN THE

1:30:36AREA UH, AND CITIZENS UH, THOSE

1:30:40HAVE BEEN PROVIDED TO YOU.

1:30:42UH, THERE ARE A NUMBER OF

1:30:46CONDITIONS I HAD ORIGINALLY

1:30:47JUST INCLUDED IN THE POWERPOINT

1:30:48THE MOST NOTABLE OF THEM, BUT

1:30:50I'M PREPARED TO READ ALL OF

1:30:51THEM INTO THE RECORD, UH, IF

1:30:53THAT'S WHAT YOU WOULD DESIRE.

1:30:55I AM SHOWING.

1:30:58YOU MY OTHER 910.

1:31:01RIGHT.

1:31:01>> 1010 THAT, UM.

1:31:12SHALL I BEGIN AT THE TOP.

1:31:13YOU SHALL BEGIN AT THE TOP

1:31:15BECAUSE I'D LIKE TO HAVE IT ON

1:31:16THE RECORD AND SO FOR THE

1:31:19PUBLIC AND THE INTERESTED

1:31:20PARTIES HERE YOU MAY HAVE

1:31:21ALREADY READ THE CONDITIONS BUT

1:31:23AND MAY BUT I'M GOING.

1:31:25>> TO HAVE, UH.

1:31:27MR. WHITE READ THEM.

1:31:28>> INTO THE RECORD.

1:31:29ANYWAY AND YOU CAN LISTEN NOW

1:31:30AND MAYBE.

1:31:31YOU THINK OF SOMETHING ELSE.

1:31:32THAT YOU WANT TO SAY.

1:31:33OKAY.

1:31:34ALL RIGHT.

1:31:36UM.

1:31:39STAFF'S RECOMMENDED CONDITION

1:31:40ONE THE OWNER SHALL BE

1:31:43RESPONSIBLE FOR ALL COSTS

1:31:45ASSOCIATED WITH RELOCATING ANY

1:31:47UTILITY PROVIDER FACILITY THAT

1:31:48MAY BE AFFECTED BY THIS

1:31:49VACATION IN THE EVENT ANY

1:31:52UTILITIES ARE DAMAGED DURING

1:31:53THE CONSTRUCTION ACTIVITIES,

1:31:54THE DEVELOPER SHALL BEAR THE

1:31:55COST OF RELOCATING THE

1:31:56FACILITIES TO A NEW EASEMENT

1:31:58AND REPAIRING SAID FACILITIES

1:32:01TO THE OWNERS ARE TO COORDINATE

1:32:03WITH FDOT AND OR LEE COUNTY ON

1:32:06ACCESS MANAGEMENT AND

1:32:07PERMISSIBLE TURNING MOVEMENTS

1:32:09FROM THE INTERSECTION OF

1:32:10SOUTHWEST PINE ISLAND ROAD AND

1:32:12SOUTHWEST 32ND PLACE.

1:32:13THE DRIVEWAY IS NOT IDENTIFIED

1:32:15AS FULL ACCESS IN THE ADOPTED

1:32:17FDOT CORRIDOR ACCESS MANAGEMENT

1:32:19PLAN CAMP.

1:32:23CONDITION THREE THE VACATION OF

1:32:24THE STREET RIGHT OF WAY SHALL

1:32:25BE CONSISTENT WITH THAT SHOWN

1:32:27IN THE SKETCH AND THE

1:32:28ACCOMPANYING LEGAL DESCRIPTION

1:32:30PREPARED BY PLAN WRITE

1:32:31SURVEYING INCORPORATED WITH THE

1:32:33SEAL DATE OF FEBRUARY 2ND, 2026

1:32:36AND LABELED EXHIBIT A CONDITION

1:32:39FOUR WITHIN 60 DAYS OF THE DATE

1:32:42OF THE.

1:32:42ADOPTION OF THIS VACATION, THE

1:32:44OWNER SHALL PROVIDE THE CITY A

1:32:46PERPETUAL CROSS ACCESS EASEMENT

1:32:48CONSISTENT WITH THE SKETCH AND

1:32:50ACCOMPANYING LEGAL DESCRIPTION

1:32:50PREPARED BY PLAN RIGHTS

1:32:52SURVEYING INCORPORATED WITH A

1:32:54SEAL DATE OF MAY 22ND, 2026 AND

1:32:58LABELED EXHIBIT B, THE FINAL

1:33:00EASEMENT SHALL BE REVIEWED AND

1:33:02FOUND TO BE ACCEPTABLE BY THE

1:33:03CITY PRIOR TO ACCEPTANCE.

1:33:06FIVE IN ORDER TO ENSURE THAT

1:33:08THIS VACATION REQUEST COMPLIES

1:33:10WITH THE CITY'S DUTY TO HOLD

1:33:12CERTAIN PLATTED LANDS IN TRUST

1:33:13FOR THE PUBLIC INTEREST, THE

1:33:15OWNER SHALL MAKE A ONE TIME

1:33:17NONREFUNDABLE CONTRIBUTION

1:33:19TOTALING 210 $686,000 AND 94

1:33:24SENDS INTO THE GENERAL TREE

1:33:26FUND.

1:33:27THE CITY MAY USE THESE FUNDS TO

1:33:28ACQUIRE AND PLANT TREES ON

1:33:29PROPERTY OWNED BY THE CITY OF

1:33:30CAPE CORAL OR FOR ANY OTHER

1:33:32APPROPRIATE PURPOSE IN

1:33:34ACCORDANCE WITH THE CITY OF

1:33:34CAPE CORAL LAND DEVELOPMENT

1:33:36CODE.

1:33:36THE GENERAL TREE FUND

1:33:38CONTRIBUTION SHALL BE PAID BY

1:33:39THE OWNERS PRIOR TO HOLDING THE

1:33:41FINAL PUBLIC HEARING ON THIS

1:33:42VACATION BEFORE THE CITY

1:33:44COUNCIL IN THE EVENT THIS

1:33:45VACATION CASE IS NOT APPROVED

1:33:47BY THE CITY COUNCIL, THIS

1:33:49CONTRIBUTION SHALL BE REFUNDED

1:33:50TO THE OWNERS.

1:33:52CONDITION SIX THE CITY SHALL

1:33:54RETAIN EASEMENT SUFFICIENT FOR

1:33:56MAINTAINING A MINIMUM SIX FOOT

1:33:57WIDE PUBLIC UTILITY AND

1:33:59DRAINAGE EASEMENT AROUND THE

1:34:00PERIMETER OF THE EXPANDED SITE.

1:34:03SEVEN POSITIVE DRAINAGE SHALL

1:34:05BE MAINTAINED AT 706 SOUTHWEST

1:34:0732ND PLACE DURING CONSTRUCTION

1:34:09AND IN FINAL CONFIGURATION

1:34:10UNLESS ACQUIRED BY THE

1:34:12APPLICANT'S EIGHT THE OWNER

1:34:14SHALL REIMBURSE THE CITY OF

1:34:16CAPE CORAL THE COST OF

1:34:18RECORDING THIS RESOLUTION WITH

1:34:20THE OFFICE OF THE LEE COUNTY

1:34:22CLERK OF COURT NINE THE CITY

1:34:24SHALL RECORD THIS RESOLUTION

1:34:25WITH THE OFFICE OF THE LEE

1:34:26COUNTY CLERK OF COURT FOLLOWING

1:34:27THE RECEIPT OF THE RECORDED

1:34:28FEES FROM THE PETITIONERS AND

1:34:30TEN A VIOLATION OF ANY

1:34:32CONDITION OF APPROVAL BY EITHER

1:34:33OWNER SHALL BE ENFORCEABLE BY

1:34:35ALL REMEDIES AVAILABLE TO THE

1:34:36CITY INCLUDING BUT NOT LIMITED

1:34:38TO ALL CODE COMPLIANCE

1:34:40PROCEDURES.

1:34:42THAT IS THE END OF THE OF

1:34:43STAFF'S RECOMMENDED CONDITIONS

1:34:45RECOMMENDATION.

1:34:46OKAY.

1:34:46>> UM.

1:34:47>> SO WELL LET ME HEAR FROM THE

1:34:53PUBLIC AND THEN I'LL I'LL COME.

1:34:54BACK TO YOU.

1:34:55SO UM AND THEN I ALSO.

1:34:58>> HAVE REMIND ME.

1:34:59MR. MAYOR, I HAVE.

1:35:00>> A COUPLE QUESTIONS FOR YOU

1:35:01AS WELL BUT I WANT TO HEAR WHAT

1:35:02THE WHAT THE PUBLIC HAS TO SAY.

1:35:05SO UM, WHO HERE IS GOING DOES

1:35:09WANTS TO SPEAK WITH WE ARE

1:35:11OPENING THE PUBLIC HEARING TO

1:35:13TO 1 TO 3 FOUR.

1:35:17OKAY.

1:35:18UM, I HAVE, UM, ONE OF YOU I

1:35:20THINK MISS YAKI.

1:35:21RIGHT.

1:35:22YOU HAVE FILLED OUT.

1:35:23A FORM IF UM, YOU CAN FILL ONE

1:35:28OUT NOW IF WHOEVER'S GOING TO

1:35:29SPEAK TO.

1:35:30ME UM, BECAUSE IT MAKES IT

1:35:32EASIER TO BE ABLE TO HAVE YOUR

1:35:34YOUR CORRECT AT UH NAME AND

1:35:36YOUR EMAIL ADDRESS CORRECT SO

1:35:38EVERYBODY.

1:35:38CAN READ THE.

1:35:39VARIETY THE FORMS ARE RIGHT UP

1:35:40THERE ON THE ON THE EDGE OF THE

1:35:42DESK IF IF SOMEBODY COULD FILL

1:35:43THOSE UP THAT WOULD BE

1:35:44FABULOUS.

1:35:45SO I'M GOING TO OPEN THE PUBLIC

1:35:46HEARING.

1:35:47UM, MISS JAFFE, COME ON UP.

1:35:50AND YOU WERE SWORN IN RIGHT?

1:35:53OKAY.

1:35:56AND, UH, THANK YOU FOR THIS.

1:35:57OPPORTUNITY, MADAM.

1:35:58UH, HEARING EXAMINE THE SPEAK.

1:36:00WHAT IS YOUR FIRST NAME?

1:36:02MY LEGAL NAME IS ROSA JAFFE.

1:36:04I GO BY SAM.

1:36:05OKAY.

1:36:06>> MY BROTHER'S ONE AND ANOTHER

1:36:08BROTHER.

1:36:10BUT ANYWAY, UM, MY COMMENTS.

1:36:12UM, UM AND AS YOU KNOW, THERE

1:36:15ARE SEVERAL NEIGHBORS HERE.

1:36:16THERE'S ONE.

1:36:17>> THERE ARE SEVERAL NEIGHBORS

1:36:19HEARD SEVERAL DRIVERS HAVE

1:36:21COMMENTED.

1:36:21UM, I THINK ONE OF THE PROBLEMS

1:36:23IS THE 500 FOOT RADIUS FROM

1:36:26THIS SITE IS SO SMALL THAT IT

1:36:28REALLY DOESN'T ENCOMPASS MUCH

1:36:31OF THE NEIGHBORS.

1:36:32UM, SO I HOPE THERE MAY BE MORE

1:36:35WHO WISH TO COMMENT AT THIS

1:36:36ISSUE PROCEEDS FURTHER.

1:36:37UM THIS ISSUE IS BIGGER THAN IT

1:36:39SEEMS HAS BEEN POINTED OUT THIS

1:36:41MORNING IS NOT READILY APPARENT

1:36:43BY WHAT HAS BEEN PUT OUT TO THE

1:36:45PUBLIC OR THE SIGNS THAT ARE

1:36:47POSTED BY THE CITY.

1:36:48IT'S NOT JUST A ROAD CLOSURE IT

1:36:50ENLARGES THE FOOTPRINT OF WHAT

1:36:52CAN BE BUILT IN THIS

1:36:53DEVELOPMENT THAT WE'VE KNOWN AS

1:36:55ALLEN PEARL.

1:36:55SO IT'S REALLY AS WE'VE POINTED

1:36:57OUT, THE FIRST STEP DETERMINING

1:36:59USES THAT COULD BE PUT ON THE

1:37:00SITE DUE TO THE SIZE THE

1:37:03INVESTORS BOUGHT THIS PROPERTY

1:37:05MAKE MONEY.

1:37:05SO NATURALLY THEY'RE GOING TO

1:37:06PUSH THE ENVELOPE TO THE MAX TO

1:37:08MAKE THE BEST RETURN ON THEIR

1:37:10INVESTMENT.

1:37:11HOWEVER, THERE'S SEVERAL ISSUES

1:37:13NOT CONSIDERED IN THE CITY

1:37:14SUPPORT OF THE REQUEST THESE

1:37:16ISSUES WILL CAUSE SIGNIFICANT

1:37:18CHANGE TO THE ADJOINING

1:37:19NEIGHBORHOOD AND TRAFFIC

1:37:21THROUGHOUT THE NORTHWEST CAME

1:37:24WHEN THE INVESTORS INVITED THE

1:37:25NEIGHBORHOOD NEIGHBORHOOD TO

1:37:27CALL OAKS FOR A MEET AND GREET

1:37:29SIX YEARS AGO IN NOVEMBER 2020

1:37:31.

1:37:32THEY PROMISED TO BE A GOOD

1:37:33NEIGHBOR WITH DEVELOPMENT THAT

1:37:35NEIGHBORS WOULD LIKE AND BE

1:37:37PROUD TO LIVE NEXT TO.

1:37:38THEY ASK US FOR TYPES OF STORES

1:37:40AND THINGS WE WOULD LIKE TO SEE

1:37:42NEXT TO US.

1:37:43THEY BRAGGED ABOUT OTHER

1:37:44PROJECTS THEY WERE INVOLVED

1:37:45WITH.

1:37:46THE NEIGHBORS WERE LED TO

1:37:48BELIEVE THAT HARD COMMERCIAL

1:37:49SHOPS AND RESTAURANTS WOULD BE

1:37:52ON THE PARCEL THAT FRONT SPORTS

1:37:53STORE ROAD THE NEXT BLOCK.

1:37:56LET ME INTERRUPT YOU JUST ONE

1:37:59SECOND.

1:37:59I FAILED TO MENTION THAT YOU

1:38:01HAVE FIVE MINUTES.

1:38:02SO JUST.

1:38:03AS YOU'RE READING RIGHT NOW

1:38:04YOU.

1:38:04HAVE JUST.

1:38:05UNDER THREE.

1:38:05THANK YOU MA'AM, IT'S NOT AS

1:38:08LONG AS IT LOOKS I JUST GOT.

1:38:09>> MY SPACE.

1:38:09OKAY.

1:38:10>> SO DON'T.

1:38:10>> GET LOST.

1:38:11OKAY.

1:38:11>> UH, THE NEXT BLOCK THAT IS

1:38:13BETWEEN SOUTHWEST 32ND PLACE

1:38:15AND SOUTHWEST 32ND COURT WOULD

1:38:17A REZONING OCCURRED IN 2022 AND

1:38:21IT WASN'T VERY MUCH OPPOSITION

1:38:22BY THE NEIGHBORHOOD, BY THE

1:38:23WAY.

1:38:24A LITTLE BIT BUT NOT MUCH WAS

1:38:26TO BE LESS INTENSE IN ORDER TO

1:38:28PROVIDE A.

1:38:29BUFFER BETWEEN HOMES AND HARD

1:38:32COMMERCIAL SOMETHING THAT CAPE

1:38:33CORAL HAS HAD DIFFICULTY DOING

1:38:35DOING BECAUSE THE WAY THE CITY

1:38:37BEEN PLATTED BY ITS FOREFATHERS

1:38:39THAT RESULTED IN MANY CONFLICTS

1:38:42BETWEEN RESIDENTIAL AND

1:38:42COMMERCIAL CAPE CORAL NOT BEEN

1:38:46ABLE TO BE LIKE MOST MONIES

1:38:48MISS APOLOGIES IN THE U.S. MOST

1:38:49HAVE TRANSITIONAL ZONING WAS

1:38:52STEPPED DOWN ZONING DISTRICTS

1:38:53THAT BUFFER USES ALLOWING FOR

1:38:55MINIMAL IMPACT ON RESIDENTIAL

1:38:57AREAS.

1:38:58CLOSING THE STREET CAN

1:39:00ELIMINATE LOGICAL TRANSITIONAL

1:39:03USES.

1:39:03NEIGHBORS WOULD HAVE TO PRAY

1:39:05FOR TREES SHRUBS AT LEAST OR

1:39:08MORE TO KEEP THEM FROM LIVING

1:39:10NEXT TO AN UNDESIRABLE

1:39:12COMMERCIAL COMPLEX.

1:39:13THERE ARE HOMES ACROSS THE

1:39:15STREET FROM 32ND COURT THAT ARE

1:39:17WORTH EIGHT WORTH $800,000 UP

1:39:19THE CURRENT MARKET CLOSING THE

1:39:22STREET ALSO WERE IN THE NOW

1:39:24OFTEN USED DETOUR OF SOUTH

1:39:28TRAFFIC ONTO SOUTHWEST 32ND

1:39:30PLACE DURING THE FREQUENT

1:39:32ACCIDENTS THAT OCCUR AT THE

1:39:33NEARBY BUSY INTERSECTION OR

1:39:35BARNSTABLE ROAD VETERANS

1:39:36PARKWAY AND PINE ISLAND ROAD.

1:39:39DO I LIVE ABOUT NINE HOUSES

1:39:41PERSONALLY FROM THE OUTER PEARL

1:39:42AREA AND EVEN FARTHER FROM THE

1:39:45INTERSECTION I'VE HEARD THE

1:39:47SUDDEN CRASH OF TWO VEHICLES

1:39:49HITTING HEAD ON AND THE SIRENS

1:39:51THAT FOLLOW RIGHT AFTER NEWS

1:39:53MEDIA INCLUDING WINK AND GULF

1:39:55COAST NEWS HAVE REPORTED TO

1:39:56ANALYZE THE HIGH VOLUME OF

1:39:58ACCIDENTS AT THIS INTERSECTION

1:39:59,MY NEIGHBORS AND I HAVE

1:40:01WITNESSED EMERGENCY PERSONNEL

1:40:02DETOURING MAJOR TRAFFIC ONTO

1:40:04SOUTHWEST 32ND PLACE, THE

1:40:06STREET THEY WANT TO VACATE

1:40:08CAUSE IT WAS THE NEARBY LOGICAL

1:40:12NORTH-SOUTH ROUTE THAT ENABLED

1:40:13THE BEST DETOUR.

1:40:15THIS DETOUR IS ALSO BEING USED

1:40:17BY THE CITY AND COUNTY DURING

1:40:19ROAD CONSTRUCTION.

1:40:20THIS INTERSECTION IS ONLY GOING

1:40:22TO GET BUSIER AS OUR CITY AND

1:40:24THE NORTHWEST CAPE CONTINUES

1:40:26TOWARDS DOUBLING ITS CURRENT

1:40:28POPULATION.

1:40:29THIS INTERSECTION IS ALSO PART

1:40:31OF A MAJOR EVACUATION ROUTE FOR

1:40:32WEST CAPE CORAL AND UPON ALL

1:40:35COMMUNITIES.

1:40:35IT LEADS TO I-75 AND U.S. 41,

1:40:39FURTHER ADDING TO THE ROAD TO

1:40:40THE NEED FOR A BACKUP ROUTE FOR

1:40:42THIS POSSIBLE DETOUR.

1:40:43IF YOU LOOK AT A MAP IT'S

1:40:45LOGICAL THERE'S NO NO PROOF

1:40:47OTHER THAN BURN STORE.

1:40:48ROAD 15 SECONDS.

1:40:51SO THE BACK MATERIAL I SEE NO

1:40:53INFINITY THAT I SEE NO UH INFO

1:40:55TO COMMENTS WERE SOUGHT FROM

1:40:58POLICE FOR OUR AMBULANCE PUBLIC

1:40:59WORKS, LEE COUNTY AND THE STATE

1:41:00OF FLORIDA WHO OWNS PART OF

1:41:02PARNELL ROAD.

1:41:03SO THANK YOU FOR YOUR TIME.

1:41:05>> THANK YOU.

1:41:08OKAY WHO IS NEXT?

1:41:10WHO ELSE WANTS.

1:41:11>> TO COME UP.

1:41:12SO THAT IT.

1:41:13COME ON UP.

1:41:15OKAY WHICH ONE.

1:41:17DO YOU NEED THIS FOR?

1:41:19YES PLEASE.

1:41:20I'LL TAKE IT.

1:41:22SAVE YOUR TRIP.

1:41:23>> THANK YOU.

1:41:24THANK YOU.

1:41:25>> FOR NAME'S FRANK LORIA I

1:41:27LIVE ON CEDARS PARKWAY.

1:41:28UH, LAURIA ELOY.

1:41:30L3 CORRECT.

1:41:32OKAY.

1:41:33UH.

1:41:33UNFORTUNATELY I DIDN'T HAVE

1:41:34TIME TO EVEN TAKE SOME VIDEOS

1:41:36BECAUSE, UH, MY NOTIFICATION

1:41:38FROM MY NEIGHBORS CAME FRIDAY.

1:41:40THE SIGN WAS IN A PLACE THAT I

1:41:42NEVER EVEN SEEN IT AND I NEVER

1:41:44GOT NOTICE.

1:41:44AND WITHIN THE 500 ANYWAYS, UH

1:41:48,WHAT WE WITNESSED IN THE PAST

1:41:50COUPLE YEARS IS THAT THE SCHOOL

1:41:52PLUS ACCESS FOR THAT ROAD IS

1:41:54UTILIZED ALSO EMERGENCY

1:41:56VEHICLES GOING FROM PINE ISLAND

1:41:58ROAD TO CETUS TO GET TO THE OLD

1:42:00.

1:42:01PART UH OLD UH BURNT STORE ROAD

1:42:03IS BEEN USED MANY MANY TIMES

1:42:06FOR EMERGENCIES.

1:42:08UH THE.

1:42:09PROPERTY DEVELOPMENT WAS

1:42:10ORIGINALLY PROPOSED WAS

1:42:12ACCEPTED BY MOST OF THE

1:42:13NEIGHBORS AND NOW THE FOOTPRINT

1:42:14IS GOING TO BE THREE TIMES

1:42:16LARGER DUE TO THAT AND, UH, WE

1:42:18DON'T EVEN KNOW WHAT THEY'RE

1:42:19PLANNING TO PUT THERE.

1:42:20UH, ALSO WHEN IAN CAME THROUGH

1:42:22THE DRAINAGE OF THAT ROAD

1:42:23ACTUALLY SAVED A LOT OF THE

1:42:25HOMES BECAUSE THE WATER WENT

1:42:27DOWN THAT ROAD AT FULL SPEED

1:42:29AND I WISH I HAD VIDEOS OF THAT

1:42:31.

1:42:32THE IMPACT ON THE SAFETY OF THE

1:42:34EMERGENCY AS MENTIONED WAS

1:42:35THERE WAS AN ACCIDENT AND

1:42:36THAT'S BEEN USED AS A BYPASS

1:42:38FROM PINE TO UH ROAD TO OTHER

1:42:41ROADS.

1:42:42UH JUST RECENTLY LAST WEEK

1:42:43THERE WAS A BIG EMERGENCY THERE

1:42:45THE FIRE HYDRANTS LOCATIONS UH

1:42:48THEY'RE CLOSE TO MY NEIGHBORS

1:42:50RIGHT DOWN THE ROAD SO THOSE

1:42:51WOULD BE ELIMINATED AND I DON'T

1:42:52KNOW WHERE THEY'RE GOING TO

1:42:53PULL THE FIRE FROM.

1:42:55UM.

1:42:56>> AND THEN UH, BASICALLY WE'D

1:42:59LIKE TO SEE THAT I THIS IS THE

1:43:01FIRST TIME WE'VE SEEN THE

1:43:04REPORTS FROM THE CITY AS WELL

1:43:05AS FROM THE PROPOSAL, UH, OF

1:43:07THE DEVELOPER.

1:43:09SO WE PROBABLY NEED MORE TIME

1:43:11FOR US RESIDENTS TO EVEN SEE

1:43:13THAT AND KNOW WHAT'S GOING TO

1:43:14BE PUT THERE A LET ALONE TO UH

1:43:16.

1:43:17UH, BE.

1:43:18CONCERNED ABOUT WHAT'S CLOSING

1:43:20THAT ROAD ALONE.

1:43:21I PERSONALLY USE THAT ROAD FORM

1:43:24WHEN I COME OFF OF BURNT STORE

1:43:25ROAD I MAKE UH THAT LEFT AND I

1:43:28TURN DOWN THAT ROAD TO GET TO

1:43:29MY ACCENT UH, CITIES TO AVOID

1:43:32CROSSING BURN STORE ROAD TO GET

1:43:34TO SEE THIS BECAUSE THERE'S A

1:43:35LOT OF ACCIDENTS USUALLY ON

1:43:36THAT.

1:43:37SO MY CONCERN IS MORE FOR THE

1:43:39SAFETY OF THE PUBLIC.

1:43:40AND HAS THERE BEEN AN IMPACT

1:43:42DEVELOPMENT TO SEE WHAT'S GOING

1:43:43TO HAPPEN WITH THESE SAFETY

1:43:45SAFETIES THAT I'M TALKING

1:43:46ABOUT, ESPECIALLY THE FIRE AND

1:43:48THE POLICE?

1:43:50UM I USED UP LESS TIME BUT.

1:43:53YES YOU DID.

1:43:54GIVE IT TO SOMEBODY ELSE.

1:43:55OKAY.

1:43:55>> UH, MR. LORIA, YOU CAN YOU

1:43:58CAN MAKE A PUBLIC RECORDS

1:43:59REQUEST.

1:44:00>> IF YOU WANT TO SEE DOCUMENTS

1:44:03THAT CITY.

1:44:04>> YES.

1:44:04UH.

1:44:05I'M SORRY.

1:44:06YES YOU CAN YOU CAN MAKE A

1:44:07PUBLIC RECORDS.

1:44:08REQUEST SO THAT BECAUSE YOU

1:44:10SAID THAT YOU WANTED.

1:44:10OKAY.

1:44:11I LOOKED.

1:44:11>> ON THE INTERNET AND JUST

1:44:13LIKE I SAID, I JUST FOUND THIS

1:44:14ON FRIDAY SO I COULD HAVE HAD

1:44:16MORE TIME.

1:44:17I PROBABLY COULD HAVE DUG IT UP

1:44:18.

1:44:18UNDERSTOOD.

1:44:19>> ALL RIGHT.

1:44:19OKAY.

1:44:20YOU CAN CALL THE.

1:44:21CLERK AND ASK FOR THE THE, UM,

1:44:22WHATEVER RECORDS YOU WANT.

1:44:23>> I WILL DO THAT.

1:44:24ALL RIGHT.

1:44:25>> VERY GOOD.

1:44:25THANK YOU.

1:44:26>> LONG AS THERE'S NOT A

1:44:26DECISION MADE TODAY.

1:44:28WELL WE'LL SEE.

1:44:30OKAY, SIR.

1:44:31YOU COMING UP.

1:44:32I GUESS.

1:44:33IS THERE ANY ORDER OR.

1:44:35JUST THERE'S NO ORDER IF THIS

1:44:36IS THIS ISSUE IN.

1:44:37FRONT OF SOMEBODY OR.

1:44:38WERE YOU, UH WERE YOU SWORN IN,

1:44:40SIR?

1:44:41YOU KNOW I CAN'T UNDERSTAND A

1:44:43WORD YOU'RE SAYING, BUT, UH,

1:44:44WHERE.

1:44:44ARE YOU SWORN IN?

1:44:46OH, I ALREADY HAVE ONE.

1:44:47OKAY.

1:44:48>> THAT'S ALL RIGHT IF YOU

1:44:49ALREADY HAVE.

1:44:49ALL RIGHT.

1:44:50>> MY NAME IS.

1:44:51DAVID SCOTT.

1:44:51I LIVE IN THE NORTHWEST AND, UH

1:44:53.

1:44:54I GUESS THE.

1:44:54>> ONE THING I CAN AGREE WITH

1:44:55HERE, UH, THE MOST IS THAT.

1:44:58THE 500 FOOT, UH, BARRIER THING

1:45:01REALLY DOESN'T CUT IT.

1:45:02AND, UH.

1:45:03I'M NOT SURE WHO REALLY FOLLOWS

1:45:05WHERE THESE ARE ADVERTISED, BUT

1:45:07THIS IS A VERY IMPORTANT ROAD

1:45:09FOR THE, UH, NOT ONLY THE

1:45:11NEIGHBORS UP IN THE NORTHWEST

1:45:12BUT THE OTHER ARGUMENTS HERE IF

1:45:14PEOPLE GO IN THE OTHER

1:45:15DIRECTION AND WHAT HAPPENS IF

1:45:17WE HAVE A STORM?

1:45:19UM, I CAN TELL YOU AS A

1:45:21RESIDENT 35 YEAR RESIDENT UP

1:45:22THERE, I WAS A FOUNDING, UH,

1:45:25PRESIDENT OF THE NORTHWEST

1:45:26NEIGHBORHOOD ASSOCIATION AND

1:45:27IT'S ACTUALLY THAT TIES INTO

1:45:29WHAT'S GOING ON WITH ALL THIS

1:45:31BECAUSE IT'S A, UH,

1:45:33MISREPRESENTATION OF WHAT THE

1:45:34NEEDS OF THE, UH OF THE THIS

1:45:36COMMUNITY ARE UH WE WANT THAT

1:45:38ROAD THERE.

1:45:39>> A LOT MORE.

1:45:40THAN WE WANT WHATEVER THIS

1:45:42DEVELOPMENT IS THAT'S PROPOSED

1:45:43FOR AND THERE UM, IT'S NOT JUST

1:45:45A SAFETY ISSUE AND IT'S NOT

1:45:47JUST A CONVENIENCE ISSUE.

1:45:48IT'S THE FACT THAT THE VISION

1:45:52OF OUR AREA WAS ACTUALLY

1:45:54CONSTRUCTED BY CITY STAFF.

1:45:55AND VERY FEW CITIZENS.

1:45:57>> THAT ARE THERE.

1:45:58AND IF YOU WERE IN A POLL WHICH

1:46:00APPARENTLY WE'RE NOT TOO BIG.

1:46:01>> ON.

1:46:02POLLING OUR.

1:46:03RESIDENTS AROUND HERE, YOU

1:46:04WOULD FIND A COMPLETELY

1:46:06DIFFERENT VIEW OF WHAT WE ARE

1:46:08AS A COMMUNITY, WHAT WE REALLY

1:46:10WANT.

1:46:11UH, A LOT OF THIS STUFF SEEMS

1:46:13TO BE DRIVEN BY THE THE VISION

1:46:16QUOTE UNQUOTE OF UH, THE NORTH

1:46:19VISION.

1:46:20YET NONE OF THIS TAKES INTO

1:46:22ACCOUNT WHAT THE TRENDS ARE

1:46:23WITH WATER QUALITY.

1:46:25QUALITY OF.

1:46:26>> LIFE, WATER USAGE,

1:46:29NOTIFICATION OF THE CANAL

1:46:31WATERS, UH, AND A WHOLE.

1:46:33HOST OF.

1:46:33>> VERY, VERY TECHNICAL ISSUES

1:46:35THAT NEED TO BE ADDRESSED

1:46:37COLLECTIVELY.

1:46:38SO UH, I DON'T KNOW WHERE I

1:46:40LEAVE MY LITTLE PIECE OF PAPER

1:46:41HERE.

1:46:42I'M, UH.

1:46:43SUBJECT MATTER.

1:46:44EXPERT IN A NUMBER OF HIGHLY

1:46:47TECHNICAL AREAS.

1:46:49WITH A NUMBER.

1:46:50OF UH, LICENSES AND CREDENTIALS

1:46:52OF.

1:46:52WHICH NONE OF WHICH.

1:46:53ARE UH.

1:46:54>> ARE ON RECORD WITH YOUR

1:46:56CLERK HERE.

1:46:56BUT, UM.

1:46:57YOU'LL BE HEARING A LOT MORE OF

1:46:59ME BECAUSE, UH, THE ONLY.

1:47:01STUFF THAT REALLY COUNTS IS

1:47:03DATA AND.

1:47:04>> THE DATA IS ABOUT READY TO

1:47:05SHOW UP IN A VERY INTERESTING

1:47:07REPORT.

1:47:08AND I HAPPEN TO KNOW THE

1:47:10AUTHORS PRETTY WELL.

1:47:10SO WHAT YOU OUGHT TO DO IS.

1:47:12TABLE THIS WHOLE DISCUSSION

1:47:14BECAUSE.

1:47:14IT'S VERY PREMATURE JUST ABOUT

1:47:17AS PREMATURE AS THE BIMINI.

1:47:19EAST WAS ONCE BECAUSE

1:47:21EVERYTHING'S.

1:47:21CHANGING HERE IN JUST A FEW.

1:47:23>> WEEKS.

1:47:24>> EVERYTHING.

1:47:24THANK YOU FOR YOUR TIME.

1:47:26THANK YOU.

1:47:26>> OKAY.

1:47:41GOOD MORNING.

1:47:43AND THERE'S THE PAPER.

1:47:45AND APPARENTLY I.

1:47:46>> MISSED.

1:47:47THE SWEARING IN.

1:47:47IF YOU NEED ME.

1:47:48>> TO BE SWORN IN.

1:47:49DO SOLEMNLY SWEAR OR AFFIRM

1:47:51THAT THE TESTIMONY YOU GIVE

1:47:52WILL BE THE TRUTH, THE WHOLE

1:47:53TRUTH AND NOTHING BUT THE TRUTH

1:47:54I DO OKAY.

1:47:55REMEMBER YOU HAVE FIVE MINUTES.

1:47:56WHAT IS YOUR NAME?

1:47:57MY NAME.

1:47:58>> IS.

1:47:58NICOLE ALBER.

1:47:59AND I LIVE.

1:48:00>> IN THE ADJACENT.

1:48:00AREA BOSTON.

1:48:01>> I'LL LA YOU GUYS AND BOY ER

1:48:05OKAY.

1:48:05PERFECT.

1:48:06>> AND I'M ALSO VERY FAMILIAR

1:48:07WITH.

1:48:07>> A.

1:48:08LOT OF THE.

1:48:08UM, EMERGENCY SERVICES PEOPLE

1:48:10THAT WOULD BE HERE IF THEY

1:48:11COULD.

1:48:11OKAY.

1:48:12>> UM.

1:48:12>> AND UNFORTUNATELY MOST.

1:48:13>> OF.

1:48:14THEM ARE.

1:48:14>> WORKING FROM THE.

1:48:15>> FIRE DEPARTMENT.

1:48:15UM, I'M RESPECTFULLY.

1:48:16ASKING FOR YOU.

1:48:17NOT TO.

1:48:18ALLOW SOUTH OF A.

1:48:19SECOND UH.

1:48:19UH.

1:48:20>> 32ND PLACE TO BE CLOSED FOR

1:48:21TRAFFIC.

1:48:22THIS ROAD IS A MAJOR.

1:48:23ROAD USED BY TRAFFIC.

1:48:25>> FOR THE RESIDENTS IN THE

1:48:26ADJOINING NEIGHBORHOODS,

1:48:26INCLUDING THOSE FURTHER DOWN

1:48:28OLD BURNT STORE ROAD.

1:48:29THIS ROAD IS OFTEN USED AS A

1:48:31BYPASS ROAD DURING MANY

1:48:32ACCIDENTS AS WHAT YOU'VE HEARD

1:48:34ABOUT ON BOTH PINE ISLAND ROAD

1:48:35AND BURNT STORE ROAD.

1:48:37IT IS ALSO USED OFTEN AS A

1:48:39BYPASS ROUTE DURING HIGH

1:48:41TRAFFIC USE, ESPECIALLY IN

1:48:42SEASON BETWEEN PINE ISLAND,

1:48:44CAPE CORAL AND GORDA.

1:48:45IF YOU'VE LIVED IN THIS AREA

1:48:46YOU KNOW HOW BACKED UP THAT

1:48:48TRAFFIC CAN BE.

1:48:49I HAVE CHILDREN THAT HAVE TO

1:48:50GET TWO PROJECTS OUT THERE ARE

1:48:52THEIR SECOND HOUSE OUT THERE.

1:48:53UM SO WE USE THAT BACK PATH

1:48:57OFTEN.

1:48:58UM, YOU DON'T UNDERSTAND THE

1:48:59DANGER OF CLOSING THIS ROAD

1:49:01EITHER BECAUSE THIS ROAD IS

1:49:03USED MANY A TIMES AFTER

1:49:04HURRICANES TO GET ON AND OFF,

1:49:06ESPECIALLY FOR PINE ISLAND

1:49:07RESIDENTS AGAIN, WHICH MY KIDS

1:49:08HAVE A SECOND HOUSE OUT THERE.

1:49:11UM, IF YOU WERE TO LIVE IN THIS

1:49:12,UH, AREA, YOU WOULD ALSO KNOW

1:49:14HOW OFTEN THIS ROAD IS UTILIZED

1:49:16DURING THESE STRESSFUL TIMES.

1:49:17BUT LIKE CLOSING THIS ROAD YOU

1:49:18WOULD BE FORCING MOST OF THIS

1:49:20TRAFFIC TO UTILIZE SOUTHWEST

1:49:2332ND COURT WHICH WOULD THEN

1:49:24LEAD TO SOUTHWEST EIGHTH STREET

1:49:25.

1:49:26BOTH OF THESE STREETS ARE

1:49:27RESIDENTIAL ROADS WITH MANY

1:49:29HOMES.

1:49:29THERE'S MANY PEDESTRIANS THAT

1:49:31ARE CONSTANTLY UTILIZING THESE

1:49:32ROADS.

1:49:33THEY HAVE FAMILIES THAT UTILIZE

1:49:35THIS FOR WALKING WALKING THEIR

1:49:36DOGS BECAUSE I KNOW I

1:49:37PERSONALLY USE THIS ROAD MANY

1:49:39TIMES AS WELL VISITING AND

1:49:41SEEING MY NEIGHBORS ALONG THE

1:49:42WAY.

1:49:43THIS ROAD ALSO IS USED AS A

1:49:46ROUTE FOR MANY CHILDREN

1:49:48INCLUDING MY OWN AND CHILDREN

1:49:49WHO ARE VISITING MY CHILDREN

1:49:50AND OTHER CHILDREN IN THE

1:49:51NEIGHBORHOOD TO ACTUALLY GET TO

1:49:53LIKE MATT LESH ALES TO GO VISIT

1:49:55FRIENDS.

1:49:56SO FORCING ALL OF THIS TRAFFIC

1:49:58IF THEY CLOSE UH SOUTHWEST UM

1:50:01I'M SORRY 32ND PLACE FORCING IT

1:50:03ON TO 32ND COURT AND THEN TO

1:50:05EIGHTH STREET WOULD CAUSE

1:50:07TRAUMATIC UM DANGER TO NOT ONLY

1:50:10MY CHILDREN BUT OTHER CHILDREN

1:50:11AND OTHER ELDERLY THAT ARE IN

1:50:12THE AREA.

1:50:14WHEN THIS PROJECT WAS

1:50:15ORIGINALLY BROUGHT UP, AS SAM

1:50:16MENTIONED, THE RESIDENTS OF

1:50:17THIS NEIGHBORHOOD AND THE

1:50:18DEVELOPER.

1:50:18UM PROMISE THAT THEY WOULD BE A

1:50:20GOOD NEIGHBOR AND NOT

1:50:22JEOPARDIZE THE SAFETY OR THE

1:50:23LIFESTYLE OF THE SURROUNDING

1:50:24FAMILIES.

1:50:25WE WERE TOLD THE PROPERTY

1:50:26CLOSEST TO BIRDSALL ROAD WOULD

1:50:27BE USED FOR AN UPSCALE MALL,

1:50:29AND THEY WOULD BE ABLE TO

1:50:30OBTAIN THE ADJACENT PROPERTY

1:50:31THAT WOULD BE USED IN A MANNER

1:50:33THAT WOULD IN A MANNER THAT

1:50:35WOULD NOT INFRINGE ON THE

1:50:37LIFESTYLE OF THE RESIDENTS.

1:50:39UM AGAIN THIS WAS BROUGHT UP

1:50:41BACK IN 20 SOMETHING SIX YEARS

1:50:44AGO.

1:50:44SO YEAH, I BELIEVE LIKE JOSE IN

1:50:46SOUTHWEST 32ND PLACE AND AGAIN

1:50:48THIS IS THE FIRST TIME WE HEARD

1:50:49ABOUT ANY.

1:50:51UH 20 FOOT BARRIER BEING PUT

1:50:53THERE.

1:50:54UM IS EXACTLY THE OPPOSITE OF

1:50:56WHAT THEY PROMISED AS A

1:50:57RESIDENT WHO USES THESE ROUTES

1:50:59OFTEN, I KNOW HOW DETRIMENTAL

1:51:00CLOSING THIS ROAD WOULD CAUSE

1:51:01TO THE NEIGHBORHOOD AND AS A

1:51:03NEIGHBOR I WOULD BE NERVOUS FOR

1:51:05ANY OF THE SENIORS, THE

1:51:06RESIDENTS OR THE CHILDREN THAT

1:51:08UTILIZE THIS FOR WALKING PETS

1:51:10THEMSELVES AND AS A MOTHER I

1:51:11WOULD DEFINITELY BE OPPOSED TO

1:51:12CLOSING IT AS IT WOULD CAUSE

1:51:14UNNEEDED TRAFFIC OR ROAD THAT

1:51:15IS GOOD FOR KIDS TO USE FOR

1:51:17USING BIKES AND BEING GOOD KIDS

1:51:19JUST TRYING TO GO VISIT

1:51:21NEIGHBORS.

1:51:21I RESPECTFULLY REQUEST THIS

1:51:22ROAD NOT TO BE CLOSED AS A

1:51:24SAFETY CONCERN FOR BOTH

1:51:25RESIDENTS, PEDESTRIANS, MANY

1:51:27BIKERS AND THE POPULATION AT

1:51:29LARGE IS THAT A MAIN USED ROAD

1:51:31NOT ONLY DURING EMERGENCIES BUT

1:51:33ALSO AS AN ARTERY FOR NORMAL

1:51:35TRAFFIC USE.

1:51:36I APPRECIATE YOU TAKING THE

1:51:37TIME FOR MY COMMENTS INTO

1:51:39CONSIDERATION.

1:51:39THANK YOU VERY MUCH.

1:51:55THANK YOU SIR.

1:51:57GOOD MORNING SIR.

1:51:58GOOD MORNING.

1:51:59UM MY NAME IS JEFF.

1:52:00SLOBODAN SL A.

1:52:02B OGDEN.

1:52:04AND I LIVE AT THE END OF UH END

1:52:07OF THAT.

1:52:07ROADWAY AND.

1:52:09>> I.

1:52:09CAN TELL.

1:52:10YOU THAT THAT.

1:52:10ROADWAY GETS USED

1:52:12SUBSTANTIALLY.

1:52:13UH, BURNT.

1:52:13STORES, AN EMERGENCY.

1:52:15EVACUATION ROUTE.

1:52:15>> AS YOU'RE.

1:52:16AWARE.

1:52:17>> THE FIRE.

1:52:18DEPARTMENT AND AMBULANCES AT

1:52:20THE FIRE STATION ON PINE ISLAND

1:52:21USE THAT ROAD.

1:52:23UM.

1:52:24>> IT FLOODED DURING IN MILTON

1:52:26.

1:52:27AND HELENE.

1:52:28AND THAT WHOLE AREA WAS UNDER

1:52:31WATER AND.

1:52:32HAVING THAT.

1:52:32>> ROAD NOT AVAILABLE.

1:52:34IT IS.

1:52:35CERTAINLY A MISTAKE.

1:52:37UM.

1:52:37I'LL DITTO EVERYTHING ELSE THAT

1:52:39WAS SAID BECAUSE I HAVE, YOU

1:52:41KNOW, A LONG LIST OF CONCERNS

1:52:44BUT THE PROMISES FOR THAT

1:52:46PROPERTY AND WHAT SEEMS.

1:52:47>> TO BE.

1:52:48>> THE.

1:52:48DIRECTION THAT IT'S HEADING ARE

1:52:49VERY DIFFERENT THAN WHAT IT WAS

1:52:51SIX YEARS AGO.

1:52:52AND AS A RESIDENT THEIR.

1:52:54PROPERTY VALUES.

1:52:55>> ARE OBVIOUSLY IMPORTANT.

1:52:57UH, THIS.

1:52:57THAT ROAD IS IMPORTANT.

1:52:59TO ME.

1:53:00FROM A SAFETY STANDPOINT AND.

1:53:02TO THE NEIGHBORHOOD.

1:53:03.

1:53:04>> YOU'VE ALREADY INCREASED THE

1:53:05AMOUNT OF TRAFFIC ON CEDARS

1:53:07PARKWAY SUBSTANTIALLY.

1:53:08BY THE DEVELOPMENT DOWN ALONG.

1:53:10>> THE CANAL.

1:53:10AND I DON'T KNOW WHERE.

1:53:12>> ALL.

1:53:13THOSE CARS ARE GOING TO GO IF

1:53:14THERE WAS A PROBLEM.

1:53:15>> ON.

1:53:15PINE ISLAND OR.

1:53:16ON UH.

1:53:18BURNT STORE ROAD.

1:53:19SO END.

1:53:21>> OF COMMENTS.

1:53:21THANK YOU FOR THE.

1:53:23SLOW BURN.

1:53:25UM UM.

1:53:28IT'S IT OKAY.

1:53:30VERY GOOD.

1:53:32NO MORE, UH.

1:53:33PUBLIC COMMENT.

1:53:34I'LL CLOSE.

1:53:34>> THE PUBLIC HEARING.

1:53:36UM.

1:53:41YOU KNOW, UM, I'M GOING TO LET

1:53:44THE I'M GONNA LET THE APPLICANT

1:53:46AND AND THE CITY HAVE.

1:53:49,UM.

1:53:50>> THEIR FINAL.

1:53:51CLOSURE IF YOU.

1:53:52>> WANT TO DO A FINAL OR A

1:53:53FINAL STATEMENT.

1:53:54>> OR WHAT HAVE.

1:53:55>> YOU BEFORE I MAKE MY

1:53:56STATEMENT AND I DON'T HAVE ANY

1:53:59QUESTIONS AT THIS TIME RIGHT

1:53:59NOW.

1:54:02I THINK.

1:54:03>> I'VE GOT THEM.

1:54:05HI.

1:54:06>> I'M JAMIE RIVERA AGAIN.

1:54:08UM, SPEAKING.

1:54:09>> ON.

1:54:10BEHALF OF.

1:54:10>> THE.

1:54:11CLIENT.

1:54:11>> I.

1:54:11DID JUST.

1:54:12>> WANT TO CLARIFY UH I DID

1:54:13LISTEN TO ALL OF THE COMMENTS.

1:54:13I ALSO READ.

1:54:14UM, ALL OF THE EMAILS.

1:54:16THAT WAS PROVIDED TO US BY CITY

1:54:17OF CAPE.

1:54:18>> CORAL PLANNING.

1:54:19UM, I DO WANT.

1:54:20>> TO JUST CLARIFY.

1:54:21>> THAT.

1:54:21WE ARE NOT PROPOSING TO CLOSE

1:54:23SOUTHWEST 32ND PLACE.

1:54:25UM WE ARE ACTUALLY.

1:54:26UM PROPOSING THE OPPOSITE.

1:54:28>> WE WOULD.

1:54:28LIKE FOR IT TO.

1:54:29STAY OPEN UH, FOR PUBLIC WHICH

1:54:31IS THE 20 FOOT CROSS ASSET

1:54:33ACCESS EASEMENT.

1:54:34WOULD BE A PUBLIC.

1:54:36ACCESS EASEMENT TO ALLOW AND

1:54:38CONTINUE THE TRAFFIC ON

1:54:39SOUTHWEST 32ND PLACE.

1:54:41OKAY.

1:54:42>> UM, UM, ALTHOUGH.

1:54:47ONE QUESTION, MISS RIVERA.

1:54:48I'M SORRY.

1:54:52HAVE YOU LOOKED AT SOME OF THE

1:54:54ISSUES THAT WERE BROUGHT.

1:54:55UP IN SOME OF THE

1:54:56CORRESPONDENCE THAT WAS SENT

1:54:58FROM.

1:54:58THE RESIDENTS?

1:54:59YOU LOOKED.

1:55:00>> AT.

1:55:00THE DRAINAGE ISSUES.

1:55:01CORRECT.

1:55:02>> AND THERE WILL BE I.

1:55:04>> WAS READING UH.

1:55:05>> YOU.

1:55:05MENTIONED ABOUT DRAINAGE, UH.

1:55:07EASEMENTS ETC. THAT YOU'RE.

1:55:09PUTTING IN AND YOU'LL BE TAKING

1:55:11MAKING SURE THAT.

1:55:12DRAINAGE IS UM LISTEN, WE ALL

1:55:15WENT THROUGH HURRICANES.

1:55:16YEAH.

1:55:17>> YOU KNOW HOW STREETS FLOOD.

1:55:19SO AND THAT WAS ONE OF THE UH,

1:55:21CONCERN.

1:55:22>> THAT CAME TO ME FROM ONE.

1:55:23>> OF UH, THE RESIDENTS.

1:55:25UM.

1:55:26>> SO CAN YOU GIVE A LITTLE BIT

1:55:28TO ME ABOUT WHAT YOU'RE DOING

1:55:30BY DRAIN?

1:55:30YEAH, ABSOLUTELY.

1:55:31THE DRAINAGE AND THE EXISTING

1:55:33CONDITION AND THE.

1:55:34PROPOSED CONDITION WERE.

1:55:36BOTH ANALYZED ACTUALLY THROUGH.

1:55:38SOUTH FLORIDA.

1:55:39WATER MANAGEMENT.

1:55:40>> DISTRICT POLICIES.

1:55:40UM, AND CITY OF CAPE CORAL

1:55:44POLICIES.

1:55:44AND UH, FDOT POLICIES.

1:55:46UM, SO A.

1:55:47FDOT DRAINAGE CONNECTION

1:55:50PERMIT.

1:55:50>> IS BEING APPLIED FOR A CITY

1:55:52OF CAPE CORAL.

1:55:53STP IS BEING APPLIED FOR.

1:55:55AND UH SOUTH FLORIDA WATER.

1:55:57MANAGEMENT DISTRICT ERP.

1:55:59>> WHICH.

1:56:00IS AN ENVIRONMENTAL RESOURCE

1:56:00PERMIT IS ALSO UM UNDER REVIEW.

1:56:04SO OUT OF THOSE THERE.

1:56:05IS REQUIREMENTS UM FROM THE

1:56:08STATE.

1:56:08AND A CITY LEVEL UH TO DO WATER

1:56:12QUALITY.

1:56:13TREATMENT VOLUME.

1:56:14UM AND ALSO TO DO A 25 YEAR.

1:56:17THREE DAY.

1:56:18ATTENUATION UM ADDITIONALLY

1:56:20WITH FDOT.

1:56:22THERE IS A HEIGHTENED.

1:56:23>> BERM REQUIREMENT.

1:56:24TO UM.

1:56:25YOU HAVE TO ANALYZE 36 STORM

1:56:28EVENTS AND.

1:56:29HAVE YOUR BERM.

1:56:31NOT JUST AT THE.

1:56:32PEAK STAGE OF THAT STORM EVENT

1:56:35BUT A.

1:56:35FREEBOARD OF A FOOT.

1:56:36MINIMUM UM OF THAT STORM EVENT.

1:56:39SO ALL OF THE STORMWATER.

1:56:41>> THAT FALLS.

1:56:42WITHIN THIS.

1:56:42AREA OF THE COMMERCIAL

1:56:44SUBDIVISION WILL.

1:56:44BE HELD ON SITE.

1:56:46AND THEN DISCHARGED THROUGH A

1:56:48CONTROL STRUCTURE WHICH IS

1:56:50LIMITED PER THE CITY OF CAPE

1:56:51CORAL WHICH IS UH ALLOWABLE

1:56:53DISCHARGE WHICH IS.

1:56:54ACTUALLY MORE STRINGENT.

1:56:55THAN FDOT.

1:56:56AND ALSO SOUTH FLORIDA WATER

1:56:58MANAGEMENT DISTRICT POLICIES.

1:56:59UM, THE ENTIRETY OF.

1:57:02>> THAT.

1:57:02VACATED AREA OF DRAINAGE WILL

1:57:03BE WITHIN.

1:57:04THE COMMERCIAL SUBDIVISION.

1:57:06SO UM.

1:57:08WE MADE SURE.

1:57:09UPSTREAM AND DOWNSTREAM THAT

1:57:10THERE.

1:57:10WASN'T GOING TO BE.

1:57:11>> ANY KIND OF EFFECTS.

1:57:12UM, ADDITIONALLY.

1:57:14THE STORMWATER.

1:57:15FOR UH THE PARCEL THAT WAS NOT

1:57:18WITHIN.

1:57:19UM THAT IS.

1:57:20ALONG SOUTHWEST UH 32ND PLACE

1:57:22WE.

1:57:23>> ARE LOOKING TO MAINTAIN THAT

1:57:24AND AND ALSO KEEP THOSE

1:57:25DRAINAGE INLETS.

1:57:26IN SIGHT.

1:57:27SO UM.

1:57:29FROM OUR ANALYSIS RIGHT NOW.

1:57:31>> WE.

1:57:31HAVE DECREASED ALLOWABLE.

1:57:32>> OR.

1:57:33THE DISCHARGE RATE.

1:57:34BY ALMOST HALF.

1:57:36UM SO.

1:57:37I ANY SPECIFIC.

1:57:39QUESTIONS I WOULD LOVE TO

1:57:40ANSWER I DON'T WANT TO GET TO.

1:57:41>> DETAIL NO NO.

1:57:42NO THAT'S THAT'S.

1:57:43>> THAT'S WHAT.

1:57:44>> I.

1:57:44I'M I'M.

1:57:45AN ENGINEER SO SOMETIMES I GET

1:57:45WAY TOO INTO THE DETAILS I I

1:57:47APOLOGIZE.

1:57:48HAVE THAT'S OKAY BUT THANK YOU

1:57:49THAT'S THE QUESTION.

1:57:50>> I HAD FOR YOU UM.

1:57:53SO I DON'T KNOW IF YOU WANT TO

1:57:55MAKE.

1:57:55ANOTHER STATEMENT.

1:57:56MISS RIVERA JUST, UH.

1:57:57AS YOUR FINAL STATEMENT AND

1:57:59KNOW WHAT THE CITY OF.

1:58:01UM OUR FINAL.

1:58:02STATEMENT IS.

1:58:03>> THAT WE.

1:58:03UH, ARE IN AGREEMENT WITH.

1:58:05>> THE CITY'S, UH, CONDITIONS

1:58:07OF.

1:58:07THE VACATION.

1:58:08REPORT.

1:58:09>> UM.

1:58:10>> AND THAT WE ASKED FOR

1:58:13APPROVAL OF.

1:58:14>> THE VACATION, UM, AS WELL AS

1:58:16LIKE.

1:58:16ONE OF.

1:58:17>> THE CONDITIONS.

1:58:17WAS THERE GOING TO.

1:58:18>> BE THE PLAT.

1:58:19AND ALSO THE 20 FOOT CROSS

1:58:21ACCESS EASEMENT.

1:58:22UM, AND THE.

1:58:23REVIEW THE CITY'S GOING TO BE

1:58:24REVIEWING THE OVERALL.

1:58:25COMMERCIAL SUBDIVISION PLAN.

1:58:28OKAY.

1:58:29>> ALL RIGHT.

1:58:30MR. WHITE.

1:58:32I THINK I JUST HAVE A.

1:58:33COUPLE OF THINGS TO ADD.

1:58:34UM, AND I APOLOGIZE IF IT

1:58:37WASN'T VERY CLEAR.

1:58:38UH.

1:58:39>> WHILE THE ROAD MAY NO LONGER

1:58:42BE CALLED SOUTHWEST 32ND UH, IT

1:58:45DOES HAVE A CROSS ACCESS

1:58:46EASEMENT AND THE CROSS ACCESS

1:58:48MEANS PEOPLE CAN STILL DRIVE UP

1:58:49AND DOWN IT.

1:58:50UM, IT'D BE 20FT WIDE.

1:58:52IT'LL BE IN THE MIDDLE OF THE

1:58:54FORMER ROAD.

1:58:55SO THERE STILL WILL BE SOME,

1:58:57UH, ACCESS AVAILABLE THROUGH

1:58:59THAT SITE.

1:59:00THE OTHER THING THAT KIND OF

1:59:03CAME UP IN MY MIND, UH, WAS UH

1:59:06,ABOUT SCREENING AND

1:59:07BUFFERING.

1:59:08UH, WHILE IT IS TRUE THAT THIS

1:59:11PROJECT DOES APPEAR TO, UH,

1:59:13IT'S ON BOTH SIDES.

1:59:13IT'S, UM BOTH BLOCKS WHEN YOU

1:59:16HAVE A DEVELOPMENT PROPOSED ON

1:59:20A PROPERTY THAT'S ZONED

1:59:21COMMERCIAL CORRIDOR, THE CITY

1:59:24HAS, UM, ENHANCED BUFFERING

1:59:27REQUIREMENTS WHEN IT'S ADJACENT

1:59:29OR IMMEDIATELY ACROSS JUST A

1:59:30TWO LANE ROAD FROM A PROPERTY

1:59:33THAT'S ZONED SINGLE FAMILY

1:59:35RESIDENTIAL.

1:59:35IT DOES TRIGGER A, UH, 20 FOOT

1:59:39WIDE LANDSCAPE STRIP OR A TEN

1:59:41FOOT WIDE LANDSCAPE STRIP WITH

1:59:43A WALL.

1:59:43I DON'T RECALL WHICH ONE UM OR

1:59:46WHETHER OR NOT I'VE EVEN SEEN

1:59:48THAT PARTICULAR PROJECT DESIGN

1:59:50OFFHAND, BUT ONE OF THE TWO

1:59:51WOULD BE REQUIRED IN ORDER TO,

1:59:55UM, ASSIST IN BUFFERING THE TWO

1:59:57LAND USES FROM EACH OTHER.

2:00:00UM UH, THOSE.

2:00:02WERE THE ONLY TWO THINGS I

2:00:04REALLY HAD TO ADD AT THE

2:00:05PRESENT TIME.

2:00:06OKAY.

2:00:06>> UNLESS YOU HAVE SOME

2:00:07QUESTIONS FOR ME.

2:00:08I DO NOT.

2:00:09THANK YOU, THANK YOU.

2:00:11OKAY.

2:00:12>> UM.

2:00:13>> I'LL LET YOU KNOW.

2:00:15SO THIS HEARING IS CLOSED.

2:00:17AT THIS.

2:00:18TIME FOR THIS.

2:00:19>> ONE.

2:00:19THIS CLOSED.

2:00:20THANK YOU ALL VERY MUCH.

2:00:21I WILL ISSUE MY ORDER AND.

2:00:26WE'LL SEE WHERE IT GOES OKAY.

2:00:29ALL RIGHT.

2:00:29THANK YOU BOTH VERY MUCH, MISS

2:00:31RIVERA.

2:00:32THANK YOU, MR. WHITE.

2:00:32THANK YOU.

2:00:34AND JUST AS A REMINDER AFTER

2:00:35THE ORDER IS ISSUED WILL

2:00:36PRESENT THIS CASE TO CITY

2:00:38COUNCIL.

2:00:38CORRECT.

2:00:39>> AND YOU'LL BE NOTIFIED AGAIN

2:00:40.

2:00:41THANK YOU.

2:00:42>> THANK YOU FOR THAT.

2:00:47OKAY.

2:00:48>> LET ME PUT THIS.

2:00:55UM, UM.

2:00:58OKAY.

2:00:59>> MADAM CLERK, CAN.

2:01:00>> YOU CALL.

2:01:01THE, UH, NEXT ONE PLEASE?

2:01:02CASE NUMBER VASI 20 6-00001 FOR

2:01:09APPLICANT GLENN A JULIUS

2:01:12ADDRESS 1724 SOUTHWEST 28TH

2:01:15LANE AND 2841 SOUTHWEST 17TH

2:01:19PLACE ACREAGE 2992.9FT2 REQUEST

2:01:28VACATE 2992.9FT2 OF STREET

2:01:32RIGHT OF WAY R O W RESERVING

2:01:35UNDERLYING EASEMENTS ON A

2:01:37PORTION OF THE SOUTHWEST 17TH

2:01:39PLACE RECOMMENDATION CITY

2:01:41PLANNING STAFF RECOMMENDATION

2:01:42APPROVAL WITH CONDITIONS.

2:01:44THANK YOU.

2:01:46MADAM CLERK.

2:01:48THANK YOU MADAM HEARING

2:01:51EXAMINER FOR THE RECORD PATRICK

2:01:53CARLTON WHITE PRINCIPAL PLANNER

2:01:54DOWNSTAIRS AND DSD AT THIS

2:01:56POINT I'D LIKE TO ACKNOWLEDGE

2:01:57THIS CASE WAS DULY ADVERTISED

2:01:59INCLUDING UM UH POSTING OF

2:02:01SIGNAGE.

2:02:02>> ON THE PROPERTY.

2:02:03A MAILING TO PROPERTY OWNERS

2:02:05WITHIN 500FT AND A

2:02:08ADVERTISEMENT WITHIN THE

2:02:09NEWS-PRESS.

2:02:10A FINE PROPER NOTICE.

2:02:11THANK YOU.

2:02:12>> THANK YOU.

2:02:13I WOULD ALSO REQUEST TO BE

2:02:14ACKNOWLEDGED AS AN EXPERT

2:02:15WITNESS BASED ON PRIOR

2:02:17TESTIMONY AND MY CREDENTIALS

2:02:19DOWNSTAIRS WITH THE CITY

2:02:19CLERK'S OFFICE.

2:02:20SO ACKNOWLEDGED.

2:02:22THANK YOU.

2:02:23UH, AT THIS POINT I WOULD, UH,

2:02:25STATE THAT I HAVE A BRIEF

2:02:26POWERPOINT PRESENTATION.

2:02:27UM, THE APPLICANT IS PRESENT.

2:02:30HE HAD A FEW PHOTOGRAPHS THAT

2:02:31HE'D LIKE TO SHARE WITH YOU.

2:02:33WOULD YOU LIKE TO SEE MY

2:02:34PRESENTATION OR THOSE

2:02:35PHOTOGRAPHS FIRST?

2:02:37WHERE'S THE APPLICANT?

2:02:39>> HERE.

2:02:40ANY OBJECTION TO HAVING THE

2:02:42CITY GO FIRST AND THEN I'LL

2:02:45WANT TO SEE YOUR PHOTOGRAPHS.

2:02:46OKAY.

2:02:46>> CITY EUROPE.

2:02:48THANK YOU.

2:02:49PROPERTY OWNERS INVOLVED IN

2:02:50THIS CASE ARE GLENN, JULIUS,

2:02:52JANET JULIUS AND DIXIE BUILDERS

2:02:55LLC.

2:02:55TOGETHER THEY'VE APPLIED FOR A

2:02:57VACATION KNOWN AS VAC 2614.

2:03:00UH, MR. JULIUS HAS BEEN

2:03:02DESIGNATED AS THE AUTHORIZED

2:03:03REPRESENTATIVE.

2:03:04HE'S PROPOSING TO VACATE

2:03:05APPROXIMATELY 3000FT2 OF STREET

2:03:07RIGHT OF WAY.

2:03:08UH, THIS IS KNOWN AS A

2:03:10HAMMERHEAD VACATION.

2:03:11UH, WE'RE LOCATED IN WESTERN

2:03:14THE SOUTHWEST CAPE CORAL.

2:03:16WE'LL ZOOM IN A LITTLE CLOSER

2:03:18OVER THE NEXT COUPLE SLIDES.

2:03:19UH, THIS SLIDE SHOWS THE FUTURE

2:03:23LAND USE MAP ON THE LEFT AND

2:03:25THE ZONING MAP ON THE RIGHT.

2:03:26THE PROPERTY HAS A THE ADJACENT

2:03:29PROPERTIES HAVE A FUTURE LAND

2:03:30USE OF SINGLE FAMILY

2:03:32RESIDENTIAL AND A ZONING

2:03:34DESIGNATION OF R1 AS TO ALL

2:03:37SURROUNDING PROPERTIES UM.

2:03:38>> IN.

2:03:39THE IMMEDIATE AREA THE UH

2:03:42APPLICANT'S LETTER OF INTENT

2:03:43STATES THAT THE VACATION IS

2:03:44REQUESTED TO ACCOMMODATE A

2:03:46SEAWALL WHICH WOULD BE LOCATED

2:03:47BETWEEN THE TWO SUBJECT

2:03:49PROPERTIES.

2:03:50THE CONSTRUCTION OF THAT

2:03:51SEAWALL IS NECESSARY TO

2:03:52ELIMINATE EROSION OF THE CANAL

2:03:54BANK AND ACCRETION OF SOIL IN

2:03:56THE WATERWAY IN ORDER TO

2:03:58ACCOMMODATE ACCESS AND

2:03:60MAINTENANCE OF AN EXISTING

2:04:00WASTEWATER PIPE AND A TECO PIPE

2:04:03.

2:04:03THE EASEMENTS UNDERLYING OUR

2:04:05RIGHT OF WAY ARE NOT PROPOSED

2:04:06TO BE VACATED.

2:04:07THEY WILL NOT BE AFFECTED BY

2:04:09THIS VACATION, ONLY THE

2:04:11DESIGNATION OF IT BEING A

2:04:13STREET ABOVE THE LOT LINES WILL

2:04:15CHANGE.

2:04:15THE TWO PROPERTIES WILL BE

2:04:17ENLARGED.

2:04:18NO STRUCTURAL IMPROVEMENTS ARE

2:04:20EXPECTED WITHIN THE VACATION

2:04:21AREA WITH THE EXCEPTION OF THE

2:04:23SEAWALL ZOOMING IN A LITTLE.

2:04:25CLOSER THIS IS THE SUBJECT

2:04:27VACATION AREA DEPICTED BETWEEN

2:04:29THE TWO SUBJECT PROPERTIES.

2:04:31UH I'VE DISPLAYED IT IN BLUE.

2:04:33UM IT IS KNOWN AS EXHIBIT A

2:04:36AGAIN, THE PROPOSAL HERE IS TO

2:04:38VACATE THE STREET RIGHT OF WAY

2:04:40ONLY NOT ANY UNDERLYING

2:04:42EASEMENT.

2:04:43THERE ARE A NUMBER OF CRITERIA

2:04:46THAT STAFF USES TO REVIEW A

2:04:50VACATION CASE, THE FIRST OF

2:04:52WHICH ASKS ARE EASEMENTS ARE

2:04:53THE RIGHT OF WAY REQUIRED FOR

2:04:54FUTURE TRANSPORTATION, WATER

2:04:56MANAGEMENT OR UTILITY PURPOSES?

2:04:58STAFF FOUND THAT THAT TO BE A

2:04:59NO TO ARE NEW EASEMENTS

2:05:01REQUIRED TO ACCOMMODATE THE

2:05:03VACATION OF THE EASEMENTS.

2:05:04WHILE WE WERE RESERVING OUR

2:05:06UNDERLYING EASEMENT UH CRITERIA

2:05:10THREE ARE ALTERNATE ROUTES

2:05:11REQUIRED?

2:05:12THEY ARE NOT REQUIRED UH

2:05:14CRITERIA FOR WELL, THE CLOSURE

2:05:16OF THE RIGHT OF WAY AFFECT AN

2:05:17AREA USED FOR VEHICLES TO TURN

2:05:19AROUND.

2:05:19STAFF FOUND THAT TO BE A

2:05:20NEGATIVE.

2:05:21THE HAMMERHEAD WILL CONTINUE TO

2:05:23WORK AS IS CRITERIA FIVE

2:05:26QUESTIONS WHETHER LOCAL UTILITY

2:05:28PROVIDERS HAVE PROVIDED CONSENT

2:05:30AND WE FOUND THAT TO BE YES

2:05:31WITH CONDITIONS UH UNUSUALLY IN

2:05:34THIS CASE UH WAS THE PRESENCE

2:05:38OF TECO WHEN STAFF REVIEWS UH

2:05:41VACATION CASES WE REQUIRE

2:05:43LETTERS OF NO OBJECTION FROM

2:05:44THE UTILITY PROVIDERS.

2:05:46THOSE ARE LUMON UH, COMCAST AND

2:05:49LCC.

2:05:50IT'S VERY UNCOMMON FOR US TO

2:05:51INVOLVE TECO DUE TO THEIR THEY

2:05:55DON'T HAVE THAT MANY LINES IN

2:05:56OUR CITY.

2:05:57UH, WE DID PICK UP ON UH UH, A

2:06:01TECO LINE IN THE IMMEDIATE

2:06:02PROXIMITY.

2:06:03I REACHED OUT TO THEM AND WE

2:06:06WERE ABLE TO OBTAIN BY EMAIL A

2:06:09LETTER OF NO OBJECTION FROM

2:06:11TECO THIS MORNING.

2:06:11SO WE DO HAVE THAT, UH, WRAPPED

2:06:14UP.

2:06:16UH.

2:06:16>> WITH RESPECT TO THE

2:06:18COMPREHENSIVE PLAN, UM, THERE'S

2:06:20.

2:06:20FEW POLICIES IN THE

2:06:22COMPREHENSIVE PLAN ABOUT

2:06:23VACATIONS.

2:06:24UH, STAFF DOES NOTE THAT TABLE

2:06:27ONE POLICY 1.15 IDENTIFIES R1

2:06:30AS BEING CONSISTENT WITH SINGLE

2:06:31FAMILY OF FUTURE LAND USE

2:06:33CLASSIFICATION AND THAT THE

2:06:35SINGLE FAMILY RESIDENTIAL

2:06:36FUTURE LAND USE HAS EXCUSE ME

2:06:39THE SINGLE FAMILY FUTURE SINGLE

2:06:41FAMILY RESIDENTIAL FUTURE LAND

2:06:43USE DESIGNATION HAS A MAXIMUM

2:06:45DENSITY OF 4.4 UNITS PER ACRE.

2:06:48ONCE THESE PROPERTIES ARE IN

2:06:49LARGE WE'LL CONTINUE TO COMPLY

2:06:50WITH THAT POLICY.

2:06:52UH STAFF'S RECOMMENDING

2:06:54APPROVAL WITH CONDITIONS.

2:06:55THERE ARE A FEW NOTABLE

2:06:58CONDITIONS THAT I WOULD LIKE TO

2:07:00READ INTO THE RECORD FOR YOU,

2:07:03UH, THAT DO NOT APPEAR IN THE

2:07:05POWERPOINT PRESENTATION BUT

2:07:06WILL FROM NOW ON AND THOSE

2:07:10CONDITIONS.

2:07:11ARE COMING RIGHT UP.

2:07:14UM.

2:07:15>> THE FIRST.

2:07:20OF THOSE CONDITIONS STATES THAT

2:07:24THE VACATION OF THE 2999 EXCUSE

2:07:29ME, 2992.9FT2 OF SOUTHWEST 17TH

2:07:34PLACE RIGHT OF WAY SHALL BE

2:07:37CONSISTENT WITH THAT SHOWN ON

2:07:38THE SKETCH AND ACCOMPANYING

2:07:39LEGAL DESCRIPTION.

2:07:40PREPARED BY HARRIS.

2:07:41JORGENSON LLC WITH THE SALE

2:07:42DATE OF JULY 31ST, 2026 AND

2:07:45LABELED EXHIBIT A TO A

2:07:48SUBSURFACE UTILITY ENGINEERING

2:07:49PLAN SHALL BE PREPARED.

2:07:51TO DETERMINE THE LOCATION AND

2:07:52DEPTH OF THE WASTE WATER MAIN

2:07:54AND THE TECO GAS MAIN IN THE

2:07:55AREA OF THE SEAWALL AND

2:07:57DEADMAN.

2:07:58THIS PLAN SHALL BE SUBMITTED BY

2:07:59THE APPLICANTS AT THE

2:08:00APPLICANT'S EXPENSE WITH THE

2:08:02SEAWALL PERMIT.

2:08:03BOTH THE PLAN AND THE SEAWALL

2:08:04PERMIT SHALL BE REVIEWED AND

2:08:06APPROVED AT THE SOLE DISCRETION

2:08:07OF THE CITY THREE NO LATER THAN

2:08:1012 MONTHS FROM THE APPROVAL OF

2:08:11THIS VACATION REQUEST, THE

2:08:12APPLICANT SHALL HAVE

2:08:14CONSTRUCTED A SEAWALL WITHIN

2:08:15THE VACATED RIGHT-OF-WAY AREA.

2:08:17THE APPLICANTS MAY REQUEST ONE

2:08:19OR MORE EXTENSIONS TO THIS TIME

2:08:20LIMITATION THAT SHALL BE

2:08:21REVIEWED BY THE PUBLIC WORKS

2:08:22DIRECTOR.

2:08:23THE DIRECTOR MAY APPROVE AN

2:08:25EXTENSION PROVIDING GOOD CAUSE

2:08:26AS DEMONSTRATED BY THE

2:08:27APPLICANT'S APPROVAL OF ANY

2:08:30REQUESTED EXTENSION SHALL BE AT

2:08:31THE SOLE DISCRETION OF THE

2:08:32DIRECTOR FOR ANY PROPOSED.

2:08:35STRUCTURAL IMPROVEMENT WITHIN

2:08:36THE VACATION AREA OR EITHER

2:08:38ADJACENT PROPERTY MUST BE AT

2:08:39LEAST SEVEN FEET AWAY FROM THE

2:08:41WASTEWATER MAIN FIVE IN THE

2:08:43EVENT ANY EXCUSE ME AND THE

2:08:44EVENT UTILITY FACILITIES WERE

2:08:46FOUND IN THE VACATED AREA, THE

2:08:48APPLICANT SHALL BE RESPONSIBLE

2:08:49FOR BEARING THE COSTS FOR

2:08:50RELOCATING THOSE FACILITIES TO

2:08:51A NEW EASEMENT AT SOLE

2:08:52DISCRETION OF THE UTILITY

2:08:54PROVIDER SHOULD ANY UTILITY

2:08:56FACILITY BE DAMAGED DURING THE

2:08:57CONSTRUCTION ACTIVITIES, THE

2:08:58APPLICANT SHOULD PAY THEIR COST

2:08:59OF REPAIRING SAID FACILITIES.

2:09:01SIX THE.

2:09:03PETITIONER SHALL REIMBURSE THE

2:09:04CITY OF CAPE CORAL THE COST OF

2:09:05RECORDING THIS RESOLUTION WITH

2:09:06THE OFFICE OF THE LEE COUNTY

2:09:07CLERK OF COURT SEVEN THE CITY

2:09:10SHALL RECORD THIS RESOLUTION

2:09:11WITH THE OFFICE OF THE LEE

2:09:12COUNTY CLERK OF COURT FOLLOWING

2:09:13THEIR SEAT FROM THE FOLLOWING

2:09:16THE RECEIPT OF RECORDING FEES

2:09:18FROM THE PETITIONERS EIGHT A

2:09:21VIOLATION OF ANY CONDITION OF

2:09:22APPROVAL BY EITHER OWNER SHALL

2:09:23BE ENFORCEABLE BY ALL REMEDIES

2:09:24AVAILABLE FOR THE CITY.

2:09:26INCLUDING BUT.

2:09:27>> NOT LIMITED TO ALL CODE

2:09:29COMPLIANCE PROCEDURES.

2:09:30THESE CONDITIONS WERE DRAFTED

2:09:34PARTICULARLY THE ONES REGARDING

2:09:35THE SUBSURFACE WITH THE HELP OF

2:09:36OUR PUBLIC WORKS DEPARTMENT.

2:09:38UM AND UM.

2:09:42THE MISTER JULIUS UH HAD

2:09:45REQUESTED A COUPLE OF PHOTOS TO

2:09:47BE DISPLAYED THAT I WILL LOAD

2:09:49ONTO THE COMPUTER UH, FOR YOUR

2:09:53BENEFIT.

2:09:56UH, I WILL STAND BY FOR ANY

2:09:59QUESTIONS, BUT WE WILL

2:09:59RELINQUISH THE COMPUTER TO THE

2:10:00APPLICANT.

2:10:02MR. JULIUS.

2:10:03UM, DO YOU WANT TO COME UP.

2:10:05AND EXPLAIN AND YOU CAN, UH.

2:10:08AND YOU.

2:10:08>> WERE SWORN IN, RIGHT?

2:10:09YOU WERE.

2:10:10>> HERE ALREADY.

2:10:10YOU WERE ALREADY SWORN IN.

2:10:12IS THAT RIGHT?

2:10:14UM.

2:10:15>> MY NAME IS GLEN JULIUS.

2:10:16OKAY.

2:10:17>> OH.

2:10:17YEAH, I.

2:10:18DID OKAY.

2:10:18YEAH.

2:10:19>> MY MAIN CONCERN IS.

2:10:21JUST THE.

2:10:22UH.

2:10:22>> CREWS AND OF THE CANAL

2:10:25GETTING INTO THE CANAL, UH, IT

2:10:28.

2:10:29AFFECTS ME.

2:10:30ACCESS MY BOAT BECAUSE.

2:10:33>> ALL THAT'S WASHING.

2:10:34DOWN UNDERNEATH.

2:10:35MY BOAT FOR ONE THING.

2:10:36AND IT'S AND.

2:10:37IT LOOKS TERRIBLE.

2:10:39I MEAN, IT'S, UH, WITH THAT ALL

2:10:43OUT IN THE CANAL, AS YOU CAN

2:10:44SEE.

2:10:45SO, UM.

2:10:46SO THE THE SEAWALL THAT'S THERE

2:10:49NOW THE WHITE.

2:10:50THE PICTURE OF THIS.

2:10:52IS THE.

2:10:52THE NEIGHBORS SEE.

2:10:54>> THE NEIGHBORS AND YOU'RE THE

2:10:55ONE RIGHT NEXT TO IT BETWEEN

2:10:56THAT AND THE BOAT THAT'S GOT.

2:10:58>> THE BIMINI TOP RIGHT FOR.

2:10:59>> THE.

2:10:59BOAT IS YES.

2:11:00>> WHERE THE BOAT IS IS YOURS?

2:11:01YES.

2:11:01AND ALL THIS PROPERTY IN.

2:11:02BETWEEN IS.

2:11:03YOURS AS WELL.

2:11:04SHOW WELL.

2:11:07>> THAT OR.

2:11:07THE OTHER ONE.

2:11:08SURE.

2:11:09>> WE'LL JUST GO TO.

2:11:09THIS ONE HERE.

2:11:13YEAH.

2:11:14>> SO THAT'S MR..

2:11:15JULIUS'S DOCK UH, IMPROVEMENT

2:11:17THERE ON THE.

2:11:18LEFT.

2:11:18>> THE ONE THE LITTLE PIECE OF

2:11:20THE LITTLE DOG I SEE.

2:11:21OKAY.

2:11:22AND THEN THE PROPERTY ADJACENT

2:11:26TO THAT.

2:11:27IS YOURS AS WELL.

2:11:29NO, THAT'S A NEIGHBOR.

2:11:30>> THE NEIGHBORS AND THEN

2:11:32ANOTHER NEIGHBOR HAS THE

2:11:33SEAWALL IS THE SAME THE SAME

2:11:35NEIGHBOR.

2:11:36CLOSE.

2:11:37UM, THE.

2:11:38LET ME SHOW YOU ON IN THE

2:11:39AERIAL.

2:11:40THE UM, PICTURE.

2:11:43>> IS WORTH A THOUSAND WORDS,

2:11:44RIGHT?

2:11:45YES.

2:11:45>> UH.

2:11:46BEAR WITH ME WHILE I GET THE

2:11:48CORRECT ONE LOADED.

2:11:49>> BACK UP HERE.

2:11:51YOUR HONOR, IF I MAY, WHILE.

2:11:53THEY'RE LOADING UP THE PHOTOS,

2:11:55IF THERE ARE MULTIPLE PEOPLE

2:11:57TESTIFYING, I JUST WANT TO MAKE

2:11:58SURE THAT BOTH NAMES ARE ON THE

2:11:59RECORD.

2:12:00I'M SORRY.

2:12:01I THINK YOU.

2:12:02GUYS I'VE.

2:12:03>> BEEN SWORN IN.

2:12:04UM.

2:12:04>> JAN.

2:12:04AND JULIUS ALSO.

2:12:05OKAY.

2:12:06>> THANK YOU.

2:12:07JANET.

2:12:08>> JULIUS.

2:12:09JANET.

2:12:10>> JULIUS AND, UM.

2:12:12GLENN.

2:12:12>> GLENN.

2:12:13>> SORRY.

2:12:14>> SO ON SCREEN THAT'S.

2:12:15GLENN'S HOUSE ON IMMEDIATELY

2:12:17LEFT OF THE HAMMERHEAD.

2:12:18UH, THIS.

2:12:20THIS, UH, IS THE VACATION AREA

2:12:22.

2:12:23IT'S TECHNICALLY CITY OWNED

2:12:24PROPERTY RIGHT THERE.

2:12:25OKAY.

2:12:25>> AND THEN IMMEDIATELY TO THE

2:12:28RIGHT IS, UH, A CO APPLICANT TO

2:12:30THIS APPLICATION.

2:12:32OKAY.

2:12:33>> AND YOU.

2:12:36CAN YOU CAN.

2:12:37YOU KNOW, SHOOT.

2:12:39YOU CAN SEE THE AREA THAT MR.

2:12:42JULIUS HAS PHOTOGRAPHED.

2:12:44CORRECT IMMEDIATELY SOUTH.

2:12:45RIGHT.

2:12:46AND UH, MR. JULIUS HAS

2:12:48CONTRACTED WITH IT WAS HANK I

2:12:50BELIEVE PUNCH TO INSTALL IF

2:12:53THIS IS APPROVED TO INSTALL A

2:12:56SEAWALL THAT WILL CONNECT BOTH

2:12:57OF THE EXISTING SEAWALLS AND

2:12:59THEN THEY'LL CLEAN OUT THAT

2:13:00AREA WHICH WILL ALLOW HIM

2:13:02BETTER ACCESS.

2:13:04YOU'LL CLEAN OUT THAT AREA.

2:13:06AS PART OF PART OF THE.

2:13:08PART OF THE BUILDING OF THE

2:13:09SEAWALL.

2:13:10THAT AREA.

2:13:10>> WILL BE.

2:13:11CLEARED BECAUSE.

2:13:12OBVIOUSLY PILINGS ETC. HAVE TO

2:13:13GO IN.

2:13:14IT'S GOT TO BE CLEARED.

2:13:15>> UP RIGHT?

2:13:15WELL WHEN.

2:13:16>> HINES COMES IN AND DOES A.

2:13:17SEAWALL THEY'LL PULL.

2:13:18>> ALL THAT RIGHT.

2:13:18UP AND THEN AND THEN UH THE THE

2:13:23LAND ON TOP WILL BE SITED.

2:13:26RIGHT BUSHES OR WHATEVER BUT NO

2:13:28NO.

2:13:29OTHER CONSTRUCTION AT.

2:13:31ALL OKAY PERFECT.

2:13:33AND YOU AGREE WITH ALL OF THE

2:13:35CONDITIONS THAT THE CITY.

2:13:37UH, PUT DOWN.

2:13:38FOR THEIR APPROVAL?

2:13:39YES, MA'AM.

2:13:40DO THE.

2:13:41APPLICANT ALSO.

2:13:42AGREE WITH.

2:13:43>> ALL OF.

2:13:43>> THESE CONDITIONS BECAUSE IT

2:13:44WOULD NOT BE THE.

2:13:46SAME FOR BOTH.

2:13:47AS THE APPLICANT

2:13:49REPRESENTATIVE.

2:13:50I DON'T BELIEVE THAT HE CAN

2:13:52TESTIFY TO THAT.

2:13:54SO THE THE CO APPLICANT.

2:13:56>> IS YOUR NEIGHBOR.

2:13:57YES.

2:13:57>> AND DOES YOUR NEIGHBOR AGREE

2:13:59WITH ALL OF THESE CONDITIONS AS

2:14:01WELL?

2:14:01YES.

2:14:02>> AND WHEN DID YOU SPEAK WITH

2:14:05HIM.

2:14:05>> AND GET THAT APPROVAL.

2:14:06UH TO SPEAK WITH HIM AND TO

2:14:09SPEAK TO ME ON HIS BEHALF TO

2:14:11TELL ME.

2:14:12>> THAT.

2:14:12HE AGREES WITH IT.

2:14:13WHEN WE'VE.

2:14:14HE FILLED OUT THE APPLICATION

2:14:16AS WELL AS ME.

2:14:17OKAY.

2:14:17AND AND WE HAVE THOSE OKAY.

2:14:20PERFECT.

2:14:21>> AND GO AHEAD.

2:14:24AND INCLUDED WITHIN THAT

2:14:26COLLECTION OF PAPERWORK IS UH

2:14:28DESIGNATION OF MR. JULIUS AS

2:14:29HIS REPRESENTATIVE.

2:14:30OKAY, FANTASTIC.

2:14:32OKAY, SO.

2:14:34THERE WAS PROPER.

2:14:35NOTICE AND YOU ALL AGREE AND

2:14:37THE CO.

2:14:37APPLICANT ALSO AGREES SO I'M.

2:14:40GOING TO RECOMMEND APPROVAL.

2:14:42UH I'M GOING TO APPROVE IT.

2:14:43BASED ON THE CITY'S

2:14:44RECOMMENDATION WITH CONDITIONS

2:14:46OKAY VERY GOOD THANK YOU.

2:14:47GOOD LUCK.

2:14:48YOU'RE ON IT I'M SORRY TO

2:14:49INTERRUPT.

2:14:49WAS PUBLIC HEARING OPENED?

2:14:51YES.

2:14:52>> OKAY.

2:14:53>> THANK YOU.

2:14:53>> YES.

2:14:54>> AND NOW IT'S CLOSED.

2:14:59OKAY.

2:15:00>> THANK YOU.

2:15:01ACTUALLY, NO IT WASN'T.

2:15:03DOES ANYBODY WANT TO SPEAK ON

2:15:04THIS.

2:15:05BESIDES THE APPLICANT?

2:15:07NO.

2:15:08OKAY, SO THERE WAS NO.

2:15:10PUBLIC HERE, UH.

2:15:12HEARING AND UM, CLOSING WHAT

2:15:14WAS.

2:15:15>> NOT OPENED BEFORE BUT I OPEN

2:15:17IT NOW I'M CLOSING IT.

2:15:18SO IF ANYBODY CAN FOLLOW THAT

2:15:19LOGIC.

2:15:20HELP ME OUT.

2:15:21OKAY.

2:15:22>> THANK YOU.

2:15:23THANK YOU VERY MUCH.

2:15:24GOOD LUCK.

2:15:25WISH YOU LUCK.

2:15:25THANK YOU.

2:15:26>> UM.

2:15:28>> OKAY.

2:15:30MADAM.

2:15:30UH, CLERK.

2:15:34THANK YOU, MR. CASE.

2:15:35CASE NUMBER VASI 20 6-000015

2:15:41APPLICANT ERIC SYKES FAKE

2:15:43DOLLAR ADDRESS 929 DOLPHIN

2:15:46DRIVE ACREAGE APPROXIMATELY

2:15:512677FT2 OF AN EXCAVATED CANAL

2:15:53RIGHT OF WAY AND APPROXIMATELY

2:15:57408FT2 OF PLATTED EASEMENT FOR

2:15:58A TOTAL OF APPROXIMATELY

2:16:023085FT2.

2:16:03REQUEST THE OWNER REQUEST

2:16:05VACATING APPROXIMATELY 2677FT2

2:16:08OF AN EXCAVATOR CANAL RIGHT OF

2:16:11WAY ALONG WITH ALL UNDERLYING

2:16:13EASEMENTS ADJACENT TO LOTS 29

2:16:16AND 30 BLOCK 14 PART TWO UNIT

2:16:18ONE CAPE CORAL SUBDIVISION.

2:16:20THE OWNER ALSO REQUEST VACATING

2:16:23APPROXIMATELY 408FT2 OF PLATTED

2:16:26EASEMENTS IN LOTS 29 AND 30

2:16:28BLOCK 14 PART TWO UNIT ONE CAPE

2:16:31CORAL SUBDIVISION

2:16:33RECOMMENDATIONS CITY PLANNING

2:16:34STAFF RECOMMENDS APPROVAL WITH

2:16:37CONDITIONS.

2:16:41GOOD MORNING AGAIN MADAME

2:16:42HEARING EXAMINER FOR THE.

2:16:43RECORD MIKE STRUVE PLANNING

2:16:46TEAM COORDINATOR WITH THE

2:16:47PLANNING DIVISION.

2:16:49UH, WE DID ADVERTISE THIS CASE

2:16:52AND UH, THOSE ADVERTISING

2:16:53EFFORTS INCLUDED PLACING AN AD

2:16:55IN A LOCAL PAPER THE NEWS-PRESS

2:16:58UH, PLACING A SIGN ON THE

2:17:00SUBJECT PROPERTY AND MAILING TO

2:17:03ALL SURROUNDING PROPERTY OWNERS

2:17:06WITHIN 500FT OF THE SITE.

2:17:07OH, THAT WAS PERFORMED TEN DAYS

2:17:09IN ADVANCE OF THIS HEARING DATE

2:17:11.

2:17:11OKAY.

2:17:12>> FIND PROPER NOTICE.

2:17:13THANK YOU.

2:17:14>> OKAY.

2:17:19>> THANKS A LOT MIKE.

2:17:22MADAM.

2:17:22A HEARING EXAMINER.

2:17:24THANK YOU VERY MUCH FOR HEARING

2:17:25US THIS MORNING.

2:17:25>> MY NAME IS ERIC FIKE THEILER

2:17:26I REPRESENT.

2:17:27THE CERPA ROGERS 2010 TRUST.

2:17:29I DO WANT.

2:17:30>> TO NOTE.

2:17:31>> THAT ON THE.

2:17:32AGENDA TODAY AND UP ON YOUR

2:17:33SLIDE SHOW.

2:17:34>> THE ADDRESS IS.

2:17:34129 DOLPHIN DRIVE.

2:17:36IT IS 929 DOLPHIN DRIVE.

2:17:38EVERYTHING EVERYTHING ELSE

2:17:39REFLECTS THAT.

2:17:40I HAVE NOT PREPARED A SEPARATE

2:17:42UH.

2:17:42SLIDESHOW FOR YOU TODAY.

2:17:43I'VE REVIEWED THE STAFF SLIDE

2:17:44SLIDESHOW AS WELL AS ITS.

2:17:45>> STAFF REPORT AND THE

2:17:46CONDITIONS OF APPROVAL.

2:17:47UH, WE.

2:17:48SUPPORT THE SLIDESHOW AS IS AND

2:17:49WE ALSO ACCEPT ALL.

2:17:50CONDITIONS OF APPROVAL AS.

2:17:52RECOMMENDED BY.

2:17:52CITY STAFF.

2:17:53WE WROTE.

2:17:54>> WE REQUEST YOU APPROVE THIS

2:17:56REQUEST TODAY AND WE.

2:17:57>> STAND BY FOR.

2:17:58ANY QUESTIONS YOU MAY HAVE.

2:18:02ANYTHING ELSE YOU'D LIKE TO

2:18:03SAY?

2:18:04KIDDING.

2:18:05OKAY.

2:18:05>> VERY GOOD.

2:18:06>> DOES THE CITY WANT TO, UH,

2:18:08PRESENTED?

2:18:10YES.

2:18:11>> UH, GOOD MORNING AGAIN.

2:18:12MIKE'S JAVI.

2:18:13>> WITH.

2:18:13THE PLANNING DIVISION.

2:18:14AND FOR THE PURPOSES OF THIS

2:18:16HEARING, I WOULD LIKE TO

2:18:18REQUEST TO BE RECOGNIZED AS AN

2:18:20EXPERT IN THE AREA OF LAND USE

2:18:22PLANNING BASED ON MY

2:18:23CREDENTIALS ON FILE WITH THE

2:18:24CITY CLERK'S OFFICE AND MY PAST

2:18:26TESTIMONY ON SIMILAR.

2:18:27CASES SO RECOGNIZED.

2:18:30>> THANK YOU.

2:18:38SO THIS CASE IS VERY SIMILAR TO

2:18:41A PREVIOUS CASE THAT YOU HEARD

2:18:42ALONG UH DOLPHIN DRIVE A LOT OF

2:18:45SIMILARITIES.

2:18:45SO I'LL TRY TO MOVE THROUGH

2:18:46THIS UH FAIRLY QUICKLY BUT MAKE

2:18:48SURE I COVER THE MAIN POINTS IN

2:18:50OUR ANALYSIS.

2:18:51UH, AS MR. LIKE FOWLER SAID,

2:18:54UH, THIS PROPERTY IS UM IN A

2:18:58TRUST HELD IN A TRUST, IF YOU

2:18:59WILL.

2:19:00UH, THE OWNER IS REQUESTING TO

2:19:03VACATE OVER 20 600FT2 OF WHAT

2:19:05WE REFER TO AS AN EXCAVATED

2:19:07CANAL RIGHT OF WAY ADJACENT TO

2:19:09LOTS 29 AND 30, IN BLOCK 14 AND

2:19:13OVER 400FT2 OF PLATTED

2:19:15EASEMENTS IN LOTS 29 AND 30.

2:19:18AND I DO WANT TO POINT OUT TO

2:19:20THAT OUR STAFF REPORT AS WELL

2:19:22AS THEIR ADVERTISING EFFORTS

2:19:23DID UH, IDENTIFY THE ADDRESS

2:19:26CORRECTLY AS 929 DOLPHIN DRIVE

2:19:28.

2:19:30THIS IS AN AERIAL UH, OF THE

2:19:33SUBJECT SITE ALSO OF A MAP

2:19:35SHOWING THE GENERAL LOCATION OF

2:19:37THE SUBJECT PROPERTY.

2:19:38THE SUBJECT PROPERTY IS LOCATED

2:19:40IN THE EXTREME SOUTHEAST CORNER

2:19:43OF CAPE CORAL.

2:19:45THIS IS A VERY OLD UH

2:19:49ESTABLISHED UH, RESIDENTIAL

2:19:52NEIGHBORHOOD IN THE CITY.

2:19:53UH A NUMBER OF THE HOMES IN

2:19:55THIS AREA WERE WERE AFFECTED BY

2:19:58HURRICANE IRMA.

2:19:58SO THERE HAS BEEN SOME

2:19:59REDEVELOPMENT IN IN THIS AREA.

2:20:02THE SUBJECT PROPERTY IN THIS

2:20:04CASE DOES UH HAVE A SINGLE

2:20:05FAMILY HOME AND ALSO HAS A

2:20:08MARINE IMPROVEMENT.

2:20:09UM.

2:20:10>> NEAR THE NEAR OR ATTACHED TO

2:20:13THE SEAWALL OF THE PROPERTY AND

2:20:15IT'S A LITTLE HARD TO SEE ON

2:20:17THE AERIAL BUT THERE IS UM THIS

2:20:21AREA HERE THAT IS NOT OUTLINED

2:20:25IN RED LIKE THE SUBJECT

2:20:27PROPERTY IS BUT UH DENOTES A

2:20:31DISTANCE HERE OF ABOUT 30FT.

2:20:33IF YOU WERE TO SCALE IT FROM

2:20:34THE REAR PROPERTY LINE TO THE

2:20:36SEAWALL CAP AND THAT DISTANCE

2:20:38IS TECHNICALLY AN EXCAVATED

2:20:40CANAL RIGHT AWAY AND THAT'S

2:20:42WHAT THE.

2:20:42UH.

2:20:43>> OWNER IS REQUESTING UH, BE

2:20:46VACATED OR ELIMINATED AND

2:20:47BECOME PART OF THEIR.

2:20:48SITE.

2:20:50THE UH SUBJECT PROPERTY AND ALL

2:20:52SURROUNDING PROPERTIES HAVE A

2:20:53SINGLE FAMILY FUTURE LAND USE

2:20:55CLASSIFICATION AND SINGLE

2:20:57FAMILY OR R1 ZONING.

2:21:00THE PETITIONER OWNS UH ONE SITE

2:21:03THAT IS, UH, JUST UNDER

2:21:0610,000FT2.

2:21:07SITE ABUTS THE DOLPHIN CANAL TO

2:21:09THE NORTH WHICH HAS A PLANTED

2:21:10WIDTH OF 200FT AND THE OWNER IS

2:21:13REQUESTING THIS VACATION TO

2:21:16EXPAND THEIR PROPERTY UH, TO

2:21:18THE SEAWALL CAP OR NORTHWARD

2:21:22AGAIN.

2:21:22UH, THE PETITIONER HAS MET THE

2:21:24CITY'S MINIMUM STANDARDS IN

2:21:26TERMS OF UH, SUBMITTING THEIR

2:21:29APPLICATION WHICH INCLUDES

2:21:31DEMONSTRATING COLOR OF TITLE

2:21:32FOR THE PARCEL OR OWNERSHIP, IF

2:21:34YOU WILL.

2:21:35THEY HAVE, UH, PROVIDED LETTERS

2:21:38OF NO OBJECTION FROM THE THREE

2:21:39UTILITY PROVIDERS AND ALSO

2:21:41PROVIDED SKETCHES AND LEGAL

2:21:44DESCRIPTIONS WHICH HAVE BEEN

2:21:45REVIEWED AND FOUND SUFFICIENT

2:21:46BY OUR SURVEYOR FOR THE RIGHTS

2:21:48OF WAY AND THE EASEMENT

2:21:50EASEMENTS TO BE VACATED.

2:21:53AND THESE NEXT UH SEVERAL

2:21:54SLIDES UH SHOW.

2:21:57OR ARE PARTS OF THE UH UH

2:22:02SKETCHES THAT HAVE BEEN

2:22:03SUBMITTED SUBMITTED TO THE CITY

2:22:05THAT HAVE BEEN CLIPPED TO

2:22:07DEMONSTRATE EXACTLY WHAT IS

2:22:07BEING VACATED AND WHAT

2:22:09EASEMENTS THE CITY WILL RETAIN

2:22:10.

2:22:10SO RIGHT HERE THE RED

2:22:13CROSSHATCH AREA SHOWS THE RIGHT

2:22:14OF WAY AS WELL AS THE

2:22:16UNDERLYING EASEMENTS THAT ARE

2:22:18REQUESTED TO BE VACATED

2:22:20CURRENTLY EXISTING BETWEEN THE

2:22:22APPLICANT'S REAR NORTH PROPERTY

2:22:24LINE AND THE EDGE OF THE

2:22:25SEAWALL.

2:22:26THIS SHOWS PLATTED EASEMENTS

2:22:28THAT EXIST ON THE OWNER SITE

2:22:30THAT ARE REQUESTED TO BE

2:22:32VACATED.

2:22:32AND THIS LAST SKETCH UH SHOWS

2:22:37EASEMENTS UH, CURRENTLY IN THE

2:22:39UH RIGHT OF WAY AREA THAT THE

2:22:41CITY WILL RETAIN TO ENSURE THAT

2:22:44THERE IS A CONTINUOUS PERIMETER

2:22:46EASEMENT AROUND THE EXPANDED

2:22:48SITE.

2:22:49STAFF HAS ANALYZED THIS REQUEST

2:22:52WITH THOSE STANDARDS THAT

2:22:53APPEAR IN SECTION 3.4.5 OF THE

2:22:56LAND DEVELOPMENT CODE.

2:22:58UH, THOSE STANDARDS ARE

2:23:00OUTLINED HERE ALONG WITH OUR UH

2:23:02RECOMMENDED.

2:23:03UH UH FINDINGS IN THE FIRST IS

2:23:07ARE THE EASEMENTS AND RIGHT OF

2:23:08WAY REQUIRED FOR FUTURE

2:23:11TRANSPORTATION, WATER

2:23:12MANAGEMENT OR UTILITY PURPOSE

2:23:14AND STAFF FINDS.

2:23:15THAT NO THAT IS NOT THE CASE.

2:23:17THIS RIGHT OF WAY THAT EXISTS

2:23:19HERE IS QUITE DIFFERENT THAN

2:23:21THAN ALLEY OR OR CITY STREET

2:23:23RIGHT OF WAY.

2:23:24IT WAS REALLY NEVER INTENDED TO

2:23:25.

2:23:26SERVE AS RIGHT OF WAY, BUT IT

2:23:28WAS MORE OF UH A SITUATION

2:23:31WHERE THE CANAL WAS NOT

2:23:33DESIGNED AS IT WAS ORIGINALLY

2:23:34PLATTED TO.

2:23:36ARE NEW EASEMENTS REQUIRED TO

2:23:37ACCOMMODATE THE VACATION OF

2:23:39EASEMENTS AND RIGHT OF WAY

2:23:40REQUESTED TO BE VACATED.

2:23:42NO NEW EASEMENTS ARE REQUIRED.

2:23:44HOWEVER, THE CITY WILL BE

2:23:45RETAINING EASEMENTS TO PROVIDE

2:23:47FOR A CONTINUOUS PERIMETER

2:23:48EASEMENT AROUND THE SITE.

2:23:50THREE ARE ALL ALTERNATE ROUTES

2:23:53REQUIRED OR AVAILABLE THAT DO

2:23:54NOT CAUSE ADVERSE IMPACTS TO

2:23:55THE SURROUNDING AREA.

2:23:58ALTERNATE ROUTES ARE NOT

2:24:00REQUIRED.

2:24:00THIS AGAIN IS NOT UH, MORE OF A

2:24:04TRADITIONAL SITUATION WHERE

2:24:05YOU'RE VACATING AN ALLEY OR

2:24:07STREET AND OR MAYBE VACATING

2:24:08PART OF AN ALLEY SO ALTERNATIVE

2:24:09ROUTES ARE NOT NEEDED FOR WILL

2:24:12THE CLOSURE OF A RIGHT OF WAY

2:24:15NEGATIVELY AFFECT AREAS USED

2:24:15FOR VEHICLES TO TURN AROUND AND

2:24:17EXIT AN AREA?

2:24:18THIS IS THINKING MORE OF

2:24:19VACATIONS THAT OCCUR ON LAND IF

2:24:22YOU WILL.

2:24:23UH NO RIGHT OF WAY IN THIS CASE

2:24:24WILL BE CLOSED AND THE

2:24:28FUNCTIONING CANAL SYSTEM ALSO

2:24:30WILL NOT BE AFFECTED OR

2:24:31ALTERED.

2:24:32AND THEN LASTLY HAVE LOCAL

2:24:34UTILITY PROVIDERS GIVING

2:24:35CONSENT TO THE VACATION OF

2:24:37EASEMENTS AND RIGHT OF WAY AND

2:24:40WE FIND THAT TO BE THE

2:24:42SITUATION.

2:24:42SO WE ANSWER YES WITH

2:24:44CONDITIONS.

2:24:46THIS REQUEST IS CONSISTENT WITH

2:24:50TWO POLICIES THAT APPEAR IN THE

2:24:52FUTURE LAND USE LAND ELEMENT OF

2:24:54THE CITY COMPREHENSIVE PLAN

2:24:57TABLE ONE AND POLICY 1.15 WHICH

2:25:00SHOWS THAT THE CURRENT R-1

2:25:01ZONING IS CONSISTENT WITH THE

2:25:04SINGLE FAMILY FUTURE LAND USE

2:25:06CLASSIFICATION.

2:25:07AND THEN SECONDLY UH POLICY

2:25:111.15 A WHICH UH LIMITS THE

2:25:14DENSITIES UH IN RESIDENTIAL UH

2:25:17SINGLE FAMILY RESIDENTIAL AREAS

2:25:18TO 4.4 DWELLING UNITS PER ACRE

2:25:22.

2:25:22THE SITE FOLLOWING THE VACATION

2:25:24WHICH CURRENTLY HAS A SINGLE

2:25:26FAMILY HOME.

2:25:26WILL BE OVER 12,000FT2 AND

2:25:29FOLLOWING THE VACATION THE

2:25:31PROPERTY WILL HAVE.

2:25:32UH A DENSITY THAT WILL EQUATE

2:25:35TO ROUGHLY 4.4 DWELLING UNITS

2:25:37PER ACRE WHICH IS LESS THAN THE

2:25:39MAXIMUM DENSITY OF 4.4 DWELLING

2:25:41UNITS PER ACRE THAT'S ALLOWED

2:25:43IN THIS FUTURE LAND USE.

2:25:44CLASSIFICATION STAFF IS

2:25:47RECOMMENDING APPROVAL OF THIS,

2:25:49UH, REQUEST WITH CONDITIONS WE

2:25:51HAVE RECEIVED NO CORRESPONDENCE

2:25:52ON THIS CASE AND I'LL STAND BY

2:25:54IN CASE YOU HAVE QUESTIONS.

2:25:57OKAY.

2:25:58>> SEEING THAT THERE'S NO

2:25:58PUBLIC.

2:26:00HERE THIS I'M GOING TO OPEN AND

2:26:03CLOSE IT VERY QUICKLY.

2:26:04>> THE PUBLIC HEARING.

2:26:05UM.

2:26:07YOU'VE ALREADY STATED THAT YOU

2:26:09AGREE WITH EVERY ONE OF THESE.

2:26:11CONDITIONS ON BEHALF OF THE

2:26:12OWNERS AS THEIR LEGAL

2:26:14REPRESENTATIVE.

2:26:14CORRECT.

2:26:15AND UM, I'M GOING TO.

2:26:19GRANT THE APPROVAL.

2:26:20AS LONG AS.

2:26:21WITH THE WITH.

2:26:21THE CONDITIONS.

2:26:22I MAY HOWEVER ADD.

2:26:27UM, A LITTLE THOUGHT.

2:26:29RESTRICTION BASED UPON WHAT YOU

2:26:31HAD SAID MR..

2:26:32TO ME ABOUT.

2:26:32THE UM.

2:26:34THE UTILITY COMPANIES THERE'S A

2:26:36COUPLE OF.

2:26:37CONDITIONS THAT THEY HAVE WHICH

2:26:38.

2:26:39AND I.

2:26:40CORRECT ME IF I'M WRONG.

2:26:41BUT IF.

2:26:42>> THERE'S ANY DAMAGE TO ANY OF

2:26:45THOSE UTILITIES.

2:26:46IS THAT AND A CONDITION.

2:26:48THAT IS THAT IS ONE OF THE

2:26:49CONDITIONS OF APPROVAL AND I

2:26:50THINK THAT'S.

2:26:53UH MY EXPERIENCE HAS BEEN THAT

2:26:54IS A STANDARD CONDITION WHERE

2:26:57GENERALLY THE UTILITY.

2:26:59PROVIDER.

2:27:00>> SURE.

2:27:00JUST IN CASE THERE'S SOMETHING

2:27:02THERE THAT WE'VE FORGOTTEN

2:27:03ABOUT IF YOU DAMAGE IT YOU

2:27:05EITHER HAVE TO REPAIR AND OR

2:27:07RELOCATED RIGHT.

2:27:07BUT THAT DOES IT HERE IN OUR

2:27:09STAFF REPORT.

2:27:10>> IS.

2:27:10YES RIGHT OKAY I JUST WANTED TO

2:27:12MAKE SURE THAT SO.

2:27:13OTHER THAN THE.

2:27:15YOU'RE GOOD I'M GOING TO

2:27:16APPROVE IT.

2:27:17THANK YOU.

2:27:18>> VERY MUCH THANK YOU THANK

2:27:19YOU.

2:27:19>> THANK YOU VERY MUCH.

2:27:23I THINK.

2:27:24THAT CONCLUDES OUR HEARINGS FOR

2:27:26TODAY.

2:27:26>> IS THAT CORRECT DATE AND

2:27:29TIME OF NEXT HEARING.

2:27:32NOVEMBER 17TH.

2:27:33>> 2020 6:09 A.M..

2:27:36CORRECT I THINK I GOT THAT

2:27:38RIGHT OKAY.

2:27:40AND WE.

2:27:42ARE DONE AT 1126.