Item Coversheet
AGENDA REQUEST FORM
CITY OF CAPE CORAL
Item Number:
C.(1)
Meeting Date:7/12/2023
Item Type:ORDINANCES/RESOLUTIONS - Introductions
TITLE:
Resolution 157-23 (VAC22-000033*) Set Public Hearing for July 26, 2023

ORDINANCES AND RESOLUTIONS:

*Quasi-Judicial, All Persons Testifying Must Be Sworn In

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution providing for the vacation of plat for an alley and the underlying easements located between Lots 1-8 and Lots 65-72, Block 4127, Cape Coral Unit 59; providing for the vacation of plat for platted public utility and drainage easements adjacent to the platted alley lying in Lots 1-8 and Lots 65-72, Block 4127, Cape Coral Unit 59; property located at 6 Burnt Store Road North, 16 Burnt Store Road North, 5 NW 32nd Place, and 13 NW 32nd Place.

Applicants: Harold M. Arkin and Pamela A. Arkin, Trustees of the Arkin Revocable Family Trust; Ronald Arkin and Jane Arkin; Leonard Arkin; Esta Y. Rubinstein, Trustee of the Esta Y. Rubinstein Trust; Burnt Store Road CCSS LLC; and Maritime Properties, Inc.

City Planning Staff Recommendation: Approval with Conditions

Hearing Examiner Recommendation: Approval with Conditions



REQUESTED ACTION:
Introduction
SUMMARY EXPLANATION AND BACKGROUND:

Three property owners owning four sites, request to vacate a portion of a 20-foot-wide platted alley and underlying easements between Lots 1-8 and Lots 65-72 in Block 4127. These same owners also request to vacate platted public utility and drainage easements adjacent to the platted alley in Lots 1-8 and Lots 65-72. The three owners collectively own 2.36 acres of land at the southern end of Block 4127. The southern end of this block has frontage along three streets: Burnt Store Road (to the east), Embers Parkway (to the south), and NW 32nd Place (to the west). All four subject sites, as well as all properties in Block 4127 have a Commercial/Professional Future Land Use Classification and Commercial (C) zoning. The vacation of this alley will join two sites east of the alley with two sites to the west of this right of way. This alley vacation will facilitate property assemblage, increase the depth of the consolidated site, and increase the area of the site by 0.14 acres. The vacation of the platted easements will eliminate easements no longer necessary as the consolidated site will maintain a perimeter easement. The owners will provide a cross-access easement to allow vehicles traveling in this alley in the future to exit onto NW 32nd Place. Concurrent with this vacation application, staff is reviewing a site development plan for a self-service storage facility on this site. This application meets City standards established for vacation requests and is consistent with applicable policies appearing in the Comprehensive Plan. Planning staff recommends approval of these vacation requests with conditions.



STRATEGIC PLAN ALIGNMENT:

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

Hearing Examiner Recommendation: Approval with Conditions.

City Planning Staff Recommendation: Approval with Conditions



SOURCE OF ADDITIONAL INFORMATION:
Juan Guerra, Interim Director of Development Services, 573-3050

FISCAL IMPACT/FUNDING SOURCES(S)/BUDGET CONSIDERATIONS:
N/A
1. Will this action result in a Budget Amendment?No
PREPARED BY:
Shawn Baker, Planning TechnicianDivision-City PlanningDepartment-Development Services
ATTACHMENTS:
DescriptionType
1. Resolution 157-23 (VAC22-000033)Resolution
2. Novus PacketBackup Material
3. VOP Application Lots 7&8Backup Material
4. Burnt Store Road CCSS Ownership DocumentsBackup Material
5. Power PointBackup Material