Item Coversheet
 
AGENDA REQUEST FORM
CITY OF CAPE CORAL
Item Number:
A.(4)
Meeting Date:11/20/2024
Item Type:ORDINANCES/RESOLUTIONS - Introductions
 
TITLE:
Ordinance 79-24 Set Public Hearing for December 4, 2024

ORDINANCES AND RESOLUTIONS:

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the Land Development Code of the City of Cape Coral, Florida, Article 3, Development Review, Chapter 4, Specific Review Procedures–Quasi-Judicial Permits and Approvals, Section 3.4.5., Vacations of Plats, Easements, and Rights-of-Way, regarding additional requirements for surveys, sketches, and legal descriptions, and additional required procedures. (Brought forward by City Management)

City Planning Staff Recommendation: Approval

Planning and Zoning Recommendation: Approval



REQUESTED ACTION: 
Introduction
SUMMARY EXPLANATION AND BACKGROUND:

Ordinance 79-24 amends Section 3.4.5. of the Land Development Code (LDC), entitled “Vacations of plats, easements, and rights-of-way.”  This amendment makes three changes to this section of the LDC.  First, technical requirements for surveys and legal descriptions for easements and rights-of-way requested to be vacated are clarified.  Secondly, applicants will be required to attend a pre-application meeting with staff to review their request prior to filing an application with the City.  Lastly, this ordinance will require owners to provide a one-time payment into a tree fund, previously established by the City, as a condition of approval for a vacation.  The methodology for calculating the owner payment to the fund is specified in the ordinance to provide consistency and predictability regarding the amount of the contribution.  The justification for such contributions is based on the premise that the City has a duty to ensure that a public interest is realized for City assets that are relinquished for private use.  In lieu of a payment to the tree fund, at the discretion of the City, the owner may construct on- or off-site improvements that equals or exceeds the value of the tree fund payment.  Staff recommends approval of Ordinance 79-24.     



STRATEGIC PLAN ALIGNMENT:

 1. Is this a Strategic Decision? 
  If Yes,  Priority Goals Supported are listed below. 
  If No, will it harm the intent or success of the Strategic Plan? 
RECOMMENDATIONS:

City Planning Staff Recommendation: Approval

Planning and Zoning Recommendation: Approval



SOURCE OF ADDITIONAL INFORMATION:

Brett Limbaugh, Development Services Director

(239) 242-3050



FISCAL IMPACT/FUNDING SOURCES(S)/BUDGET CONSIDERATIONS:

 1. Will this action result in a Budget Amendment? 
PREPARED BY:
 Division-   Department-Development Services Department 
ATTACHMENTS:
DescriptionType
1. Ordinance 79-24Backup Material
2. Staff presentationBackup Material
3. Business Impact estimateBackup Material