City News
By Annette Barbaccia, President of AMB Planning Consultants, Inc & Commercial Specialist, Coldwell Banker Commercial NRT
City News is brought to you each month by Annette Barbaccia. She keeps us updated with what is happening in City government.
City of Cape Coral reverses decision to proceed with city water to North Cape communities…. Responding to the hundreds of pleas from residents suffering from tough economic times, the City Council reversed its decision to bring public water to north cape communities in the near term. While there are concerns regarding potential future drought conditions that may pose issues for some existing homes with shallow wells, many residents raised concerns that they would be unable to pay assessment fees in this difficult economic period and were concerned that they would lose their homes. City Council is changing the format of its weekly meetings to facilitate discussions on major issues….. The City is changing the format of its weekly meetings to facilitate discussions on major issues and provide more opportunity for the public to participate. The Council will continue to meet Monday nights at 4:30 pm. However, hearing meetings, where the Council votes on specific items, will be limited to every other Monday. The other two Mondays will be used to discuss either private or public initiatives in greater detail prior to a specific vote. This will enable the Council and public to have greater interaction on important matters.
Hardship Deferral Process of Special Assessments…. Good news for families struggling to pay special assessments for utility expansions during this difficult economic period. The City Council adopted an Ordinance at their January 26, 2009 meeting that would enable homeowners faced with economic hardship to apply for deferral of special utility assessments for a period of time, (Ordinance 140-08). Homeowners would have to meet specific income criteria to qualify. The Ordinance describes the application process and specific criteria to be met. For more information, please contact the City’s finance office or utility program staff. Sandwich Boards allowed in the CRA….. Councilmember Tate sponsored a resolution at the January 26 Council hearing to allow A-Frame portable signage to be used in the CRA until April 15, 2009. The intent is to enable businesses in the downtown Cape to continue to actively market their services and products, while the City continues to relook at its signage regulations in promoting advertisement in the downtown area. Good job Gloria in providing a common sense government approach to support our downtown!!! Landscaping in the Median and Right of Ways…. Landscaping in the median and right of ways continues to be a controversial matter within the Cape. Many residents would like to beautify their homes and community by placing landscaping at the edge of their property – which is part of the City’s physical right of way for roadway and utilities. These locations are typically designed with swales for stormwater management and may also contain utility poles. It appears that the Council would like to strike a balance between enabling residents to plant acceptable forms of vegetation that will not create problems for drainage or interfere or damage utility lines. Planting in the medians must also be done with care to ensure that roadway line of sight and other problems are not created. This is one issue where the devil is in the details. The Council decided to continue to discuss the specifics of the proposal in workshop/COW meetings and to ensure that these items are looked at with the larger Landscaping Ordinance to be introduced by Councilmember Bertolini later this year. Until such time, the Council announced that the public should not be engaging in any new plantings in the Right of Ways or Median and they have directed City Manager Stewart to actively enforce the codes related to this.
City of Cape Coral Selected as one of the Country’s Top 10 Cities by the Center for Digital Government….. New Garbage Pick Up Schedule Goes into Effect in January 2009…..
Gloria Tate Selected to serve as Council Member for District 1…
Gloria Tate was selected by the City Council on December 15, 2008 to serve out Mayor Burch’s remaining term for District 1. Gloria, a WCR member and former Council Member for several years, will be bringing her many years of experience and knowledge to this position, in a difficult period. We are fortunate to have her volunteer and wish her much success.
City Department of Community Development to hold Visionary Session in NW Cape on Thursday January 8, 2009 at 6 pm, Mariner High School Cafeteria….
The City of Cape Coral is working with the local communities, residents, businesses and developers to shape the City’s future in the North West Cape. Representatives from the City’s Department of Community Development and other offices will be there to hear and share with the local community with respect to plans for the future. The meeting will be held on January 8, 2009, 6 p.m. at Mariner High School Cafeteria. Please contact Wyatt Daltry at 573-3160 or wdaltry@capecoral.net if you would like to attend or would like additional information. If you live or are active in the NW, it would be beneficial to attend. Long term planning for land use, zoning, transportation improvements etc effects the future of the NW!
The City of Cape Coral received the Digital Cities Survey 2008 Winner Award by the Center for Digital Government. One of the top 10 cities to receive this digital services award, it reflects well on our government and community. Cape Coral has an excellent web site, www.capecoral.net, which is full of useful information about Government services, our Governmental representatives and information regarding due diligence efforts for our clients. If you haven’t gone to it, you should!!!
The City is consolidating its garbage, recycling and yard waste pick up services to one day a week. Attached is a map showing service areas and pick up dates. It is important to continue to separate these waste streams and place the household garbage and recycling material on one side of the driveway and the yard waste on the other. Click here for service map
December, 2008 Newsletter
Council Member Burch becomes Mayor…
After a deliberative vote on November 17, 2008, Council Member Burch was selected by the Council to be Mayor by his peers to complete former Mayor Feichthaler’s term. The citizens of Cape Coral will be charged to vote for a Mayor in November of 2009. Council Member Burch distinguished himself as a hard working member, putting significant time and effort in CRA matters and cost savings in contracting procedures. The process was somewhat complicated by the fact that three of the eight Council members were candidates for the position, Council Members Bertolini, Burch and Diele. However, at the end of the process, the Council supported the vote. We wish Mayor Burch much success. Mayor Burch is a professional surveyor and mapper. He was elected in November 2007 to be Council Member of District 1. Mayor Burch has a degree in English, is married with three children and is active as a coach for the Cape Coral National Baseball League and the Cape Coral Recreation and Parks Basketball League
Town Meeting Held on November 18, 2008 Called To Discuss Innovative Approach to Save the Golf Club ……
Thanks to the tremendous efforts by Save Our Recreation (SOR) headed up by community leader and WCR member, Mary Nielson, a town hall meeting was sponsored by Council Member Bertolini to discuss an innovative approach to saving the Golf Club course. The SOR has been working diligently since 2006 to keep the historic golf course from being eliminated and replaced by alternative developments. The City Council, particularly Council Member Bertolini and Mayor Burch, have been at the forefront of supporting the local community and city in preserving the Golf Club site. The Cape Coral Community Redevelopment Agency, CRA, Executive Director John Jacobsen presented a plan to assist the City in this effort, by proposing to expand the CRA boundaries to include the Golf Club site and surrounding residential communities. The Trust for Public Lands, a not for profit group, would negotiate with the current private property owner to purchase the site for public purposes and sell it to the CRA, at such time that the area is incorporated into the CRA. The CRA would be able to use the Tax Increment Financing Fund to purchase the course. This would not result in new taxes, but rather a redirection of tax resources, inclusive of County taxes, associated with areas included in the CRA, to purchase this site and restore it as an 18 hole golf course with possibly a small convention center and restaurant. This matter still has to be considered formally by the CRA Board, the Planning & Zoning Commission and the City Council. However, before the expenditure of efforts by all involved, Council Member Bertolini was looking to see whether the local community would be supportive of such an initiative. The local community overwhelmingly voted to support the CRA and Council in this regard at the Twon Hall meeting. Kudos to the SOR, Council Member Bertolini, Mayor Burch and the CRA for coming up with an innovative approach to support the preservation of the Golf Course through public/private partnerships.
Paradise Preserve Reverts to Single Family Low Density….
On November 24, 2008, the City voted unanimously to reverse the land use for Paradise Preserve from multi-family to single family low density. A multi-family development waterfront community, known as Paradise Preserve, 193.87 acres in the Four Mile Cove area in 2005. The State Department of Community Affairs (DCA) took issue with the land use amendment citing its location in the High Coastal Hazard Area and the potential adverse affects to natural resources. To resolve the dispute with DCA, the City voted to create the Paradise Preserve Sub-District, which would restrict the overall density of the sub-district to 2.16 dwelling units per acre. The development as proposed in 2005 would not be able to proceed at this location.
The City of Cape Coral will be considering an ordinance at its November 10, 2008 public hearing, Ordinance 112-08, that could greatly affect the economic health of the City for years to come. With the decline in the local economy, the City has seen a loss in revenues, affecting future products and services. As a result, they are contemplating raising the road impact fees, which are charged to new development as a one time fee at the time of development. New development is struggling as it is - an increase as proposed will be another nail in the coffin. Provided below are some of the fee increases by use and development type:
Single Family Homes: $3,347 to $8,352
Bank: $9,060 to $23,385 per 1,000 s.f. of development
Medical Office: $8,634 to $22,284 per 1,000 s.f. of development
Restaurant Fast Food: $14,384 to $41,250 per 1,000 s.f. of development
These fees are used for transportation improvements. While the projects funded by the road impact fees will be needed in the future, now is not the time to move forward with these kinds of increases. These proposed fee increases will not increase revenues, but rather decrease them - since some companies that might have built, will be discouraged from going forward. A number of the proposed transportation projects shoudl be put off or scaled back until the economy picks up. My math tells me that 20% of 40% is better than 0% of 100%.
Let the City Council Members and City Manager know what you think. The ordiance can be found on the City's web site, along with the Council Members email addresses. The City's web site is www.capecoral.net Better yet, come to the hearing. The agenda of the meeting will be on the City's web site the Thursday before the November 10th hearing. The hearings begin at 4:30 pm at Cape Coral Council Chambers.
******At the October 27th, 2008 , Council Meeting, the Council reversed it's previous decision to move forward with SW 6-7. If you feel strongly about this change, please contact the Mayor and members of the Council. ***********
New Mayor - The City Council is taking applications for Mayor!!!
Mayor Feichthaler will be stepping down after 4 years of service. We should all thank him for his time and efforts. The hours and effort that the Mayor and each Councilmember puts in each week is substantial. Finding solutions to the challenges that face the City is not for the light hearted. If you have a strong constitution, a broad vision, an open mind, an appetite for the consumption of information, an appreciation and tolerance for the public at large, concern for the community and you don't mind missing Monday night football you might think of applying, you have until Oct 14th!. As a consultant who has come before the Council many times on behalf of my clients, I was appreciative of the way in which the Mayor ran the hearings. He was respectful and courteous to all, whether he agreed or disagreed with them. He was always prepared and well informed and his concern for the City came across.
New Budget & Sewer and Water
The City's budget process has been particularly painful this year. The loss of revenues, related to the reduction in development, business closures and decrease in the appraised value of properties has forced the City to eliminate some positions and services. Council and staff have taken a closer look on how money can be saved, particularly for some of the larger contractual services - sewer, water and irrigation contracts and new capital construction, such as the Public Safety Bldg.
The City is looking at continuing the sewer, water and irrigation services for Districts 6 and 7. Payment of these improvements will be difficult for many, however the efforts in these districts are pretty far along. The City is also considering supplying the northern portions of the Cape with potable water only until the demographic density suggests otherwise.
Downtown Community Redevelopment Area
The CRA Board selected its former Chairperson, John Jacobsen, to be its new Executive Director. With all the changes in Executive Directors which have occurred over the past few years, the Board decided to pick someone who was familiar with the issues facing the CRA and could hit the ground running. To fairly serve in this position, John has had to recuse himself from his former business and related efforts that might have posed a conflict of interest with his new position. We wish him well. Frank Dethlefsen was appointed as a new CRA Board member by the Council, to fill John's vacated position. John Tramonte was appointed Chairman and Don Heisler Vice Chairman. Good luck - Gentlemen!
The City Council approved an amendment to the CRA Redevelopment Plan this month which should help stimulate new development in this crazy market The previous Redevelopment Plan had two restrictions, in addition to state law and regulations, that made it difficult to fully incentivize development under the Tax Increment Financing Program. Also, the Strand decision, which posed constraints on how the TIF could be awarded over a period of time was reversed. All in all, some positive news for financing in the downtown.
Large Scale Land Use Amendments - First Round Approval
The City approved its first set of large scale land use amendments this year on September 8th. You can see the changes on the City's web site, www.capecoral.net under watch, then City Council Meetings. Usually a new land use map is produced shortly after these hearings. You can obtain a copy at the City Clerks office or view it on line on the City's web page. Practicing real estate agents should be aware of changes so that their clients can be well informed.
Time to Attract New Business & Jobs
Sometimes our weaknesses can be our strengths. The number of available homes and affordable prices makes Florida a great environment for new companies to relocate to SW Florida. When the range of employees from a company can live within 20 minutes of their office or plant - it tends to be a good location for a company. I am old enough to remember the "I love NY campaign" that was developed to attract companies, tourism and new residents to New York to counter the potential bankruptcy that NYC almost had in the late 1970's. SW Florida is a great place to live. We should encourage our elected officials to develop advertising campaigns and incentives to attract businesses from within the Country and abroad. Instead of only focusing on how little we can spend - we need to focus on the type of growth that can lift our region out of its current slump!
County Commission Elections – Important to Get Out the Vote
Unfortunately the frustration with the economy may have created a low voter turn out in Cape Coral for the recent election. Many of you may know that Mayor Feichthaler did not make it through the election process for County Commissioner. Regardless of whether or not you supported the Mayor, residents in the Cape should consider the importance of having a representative(s) within the County Commission that understands and supports the issues that are most important to Cape Coral residents. While the City of Cape Coral has governing power over local matters, there are a number of important regional financial and policy issues that are decided at the County level or affected by the County. To name a few: the prioritization of transportation funding and programming, the review of Developments of Regional Impact (DRI) projects, and policies pertaining to annexations. The City has been lobbying for the widening of Pine Island Road at its western end for quite some time, which has constrained potential important commercial initiatives along the western section of that road. While it is a state road, the County Transportation office had not prioritized it in its program and budgetary plan early on, but had identified the need well into the future. The County is currently working with all involved to address this issue, but had the County had representation that understood the importance of this matter to the City, it might have been addressed long ago. A mall had been planned for that area a few years ago, but could not proceed without the widening of the road. Former Cape Coral Councilmember AJ Boyd is still in the running and will be on the November ballot. The Cape has become a large city and should have a presence within the County that reflects its demographic and physical size.
Large Scale Land Use and Comprehensive Plan Amendments
The Cape Coral City Council approved a number of important large scale land use and Comprehensive Plan amendments for transmittal to the State Department of Community Affairs at its August 25, 2008 meeting.
These amendments include significant text changes to the Commercial Activity Center (CAC) land use district, which was created when I was Planning Division Manager at the City of Cape Coral, three years ago. The CAC was created to facilitate commercial and mixed use development at commercial nodes throughout the City to foster neighborhood shopping centers, mixed use villages and other development types to support the City’s growing residential population. The intent of the CAC is to allow flexibility for developers, the local community and the City in determining the mix of non-residential uses and residential density based on the context of the neighborhood and market demand.
To ensure the appropriateness of any particular development, the CAC permitted a baseline residential density and commercial bulk and required property owners and developers to seek discretionary approval by the Planning & Zoning Commission and City Council to achieve higher densities and intensities. The City and a number of local communities were concerned about the amount of residential development that could be achieved and the extent of discretionary review that would be performed. The City worked with the local community, developers and elected officials to modify the CAC. The proposed text change reflects those meetings and discussions.
A number of specific mapping actions for CAC districts along Chiquita Blvd were also considered at the August 25 th hearing. The CAC district allows up to 20 du/acre in compound buildings and a non-residential floor area ratio (FAR) of 2.0, based on acreage size and discretionary approvals. The baseline density is 4.4. units per acre and a property must be at least 5 acres to receive additional density up to 16 dwelling units per acre through application and approval of a Development Incentive Program application by the City Council. The baseline non-residential development permitted is 0.5 FAR. All development under the CAC requires submission of a Planned Development Project application. A copy of the proposed CAC text can be obtained by going to the City’s web site www.capecoral.net and pulling up the Council Agenda for August 25, 2008, Ordinance 84-08 or contacting the Planning Division at the Dept of Community Development. The specific CAC mapping actions considered can also be accessed in the same manner, Ordinances 6-08, 12-08 and 13-08.
The City Council also approved text amendments to the Mixed Use Preserve (MUP) district for transmittal to the State Department of Community Affairs. The MUP is a relatively new land use district intended to be applied in the northern portion of the Cape, particularly the recently annexed parcels. This land use district permits a mix of residential and non-residential development and includes preservation requirements for wetlands and flow ways. It also contains best management practices for any new golf courses that could be developed under the district. The amendments proposed are intended to foster greater application of commercial and light industrial development and further restrict the residential densities that may be achieved. Approximately 1,100 acres of recently annexed land held by the Zemel Trust along 41, across from Herons Glen, extending southwest to the Cape, was also approved for transmittal with MUP designations by the City CouncilThe 472 acre parcel along 41 will be required to be a minimum of 80% up to 100% non-residential. The maximum residential permitted on the property is 20% of which the average residential density may not exceed 4.4 units per acre and any particular building may not exceed 16 du/acre. The remaining parcels permit that connect to the 41 site permit a minimum of 80% and 70% non-residential respectively. A copy of the proposed MUP text amendments and mapping actions may be obtained by going to the City’s web site www.capecoral.net and pulling up the Council Agenda for the August 25, 2008 meeting, Ordinances 98-08, and 85-08.
These cases are expected to be considered for final adoption in December 2008.
The City is currently struggling with declining financial resources and some difficult decisions about their budget and level of services. At the July 21, 2008 Council meeting, the Council discussed changes in the mileage rates and other key components of the budget with staff. Council members are asking staff to take a hard look at what expenses can be saved and new contract procedures, aimed at better management of consultant contracts.
A land use amendment for mixed use land use that would have potentially compromised, reduced and/or eliminated the existing 18 hole Cape Coral Golf Club course was withdrawn by Florida Gulf Venture LLC from the Planning & Zoning Hearing. Much kudos goes to Mary Nielson, a Century 21 realtor, and the grass roots efforts of SOR (Save Our Recreation) and the Council members for standing up and letting the property owners know of the importance of the Golf Club to City residents.
Amendments to the Commercial Activity Center (CAC), a mixed use land use district, were recommended for approved by the Planning & Zoning Commission for transmittal to the State Department of Community Affairs (DCA) at the July 23, 2008 hearing. It will be considered at the City Council hearing on August 4, 2008. The CAC district was created in 2004 as a way to foster mixed use development throughout the City. The district allows different densities and intensities based on acreage and other criteria. DCD worked with residents, developments and P & Z members to develop changes to the district that would foster wide spread acceptance. Of particular concern was the amount of residential density that would be permitted, the range of choices that were available to the development community and the ability of the City to consider the specifics of a project through a Planned Development Project process.
At long last, two of the recently annexed Zemel properties (approximately 1100 acres) adjacent to 41 in the NE section of the Cape across from Herons Glen, were considered and approved for the Mixed Use Preserve (MUP) district by the Planning & Zoning Commission at their July 30, 2008 hearing. The MUP district proposed would require a minimum of 80% non-residential and a maximum of 20% residential. To foster preservation of the important natural resources in these areas, significant wetlands would be excluded from density and intensity calculations and residential areas would be required to provide 50% of their land as open space.