Cape Council strikes down multi-family ordinance
With Election Day Tuesday, Wednesday was the last full Cape Coral City Council meeting for the current board.
The next meeting, on Nov. 16, will follow the Nov. 8 General Election where four seats will be decided.
Council struck down its final ordinance by saying no to one that would change the land use from Public Facilities to Multi-Family for 9.78 acres at 1429 N.E .15th Ave., the former location of the Alternative Learning Center.
The Multi-Family Residential classification permits a variety of housing types such as single-family detached residences, duplexes, and larger-scale multi-family residential complexes such as condominiums and apartment complexes. If approved, the site could be developed with a maximum of 156 dwelling units.
Despite the recommendation to approve and a plea during the public hearing to approve and expand affordable housing, Council had an issue with its location on the Del Prado corridor and whether 10 acres was enough.
“I want to make sure we don’t lose our limited commercial land.We’re stuck between a rock and a hard place, we need affordable housing but we also need to preserve our commercial,” Councilmember Robert Welsh said.
Councilmember Dan Sheppard and Mayor John Gunter were against it, with Gunter saying he would rather see it as commercial land, especially in the northern part of the city.
“We’re 92 percent residential, and if we keep making land residential, we’ll never got anywhere better than 92 percent,” Gunter said. The measure failed 3-4.
Council also continued another ordinance that would have amended the land use of a 0.57-acre piece of property at 1917 S.W. Santa Barbara Place from Commercial/ Professional (CP) to Multi-Family.
The impact of this change would have removed the potential for commercial development for the site and to construct up to nine units of multi-family development.
However, approving the amendment would also result in an impediment to future assemblage, impact any commercial development adjacent to the property, and represent an intrusion of residential land use upon a commercial block, reasons cited by city staff which recommended denial.
Joe Mazurkiewicz, representing the property owners, told Council that the market dictates what kind of development goes in certain areas and that this property was unattractive to commercial development as he tried to market it as such when he was mayor and got no interest.
“The land is surrounded by multi-family housing which is not going away,” Mazurkiewicz said. “I know you’re all excited about doing commercial, but you don’t determine where commercial goes, the market does.”
Eventually, Council decided to let the let the incoming Council decide and continued to a date certain.
Council also approved the “sale of surplus properties,” called the Seven Islands to Gulf Gateway Resort and Marina, LLC.
On Feb. 23, staff presented key contract terms to City Council, which approved moving forward with the drafting of a Contract to sell the Seven Islands property to Gulf Gateway Resort and Marina, LLC.
Within 30 days after City Council approval, the buyer will provide a $1 million refundable deposit. After 12 months the deposit becomes non-refundable and will be applied toward the purchase price at closing unless the buyer decides not to proceed with the project.
The city and the buyer will enter into a development agreement within 12 months of the execution of the contract. The buyer will secure all governmental permits required, as well as all city site development permits.
Closing shall occur no later than 36 months after council approval of the contract. Otherwise, the contract terminates and buyer forfeits its deposit.
After closing, the buyer will be eligible for economic incentives of $2.5 million if it meets issuances of certificates of occupancy for a marina, hotel and public space.
To reach CHUCK BALLARO, please email news@breezenewspapers.com