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Lennar seeks vacation of NE Nineteenth Place to assemble lots; staff and traffic experts report minimal impacts
Summary
Lennar Homes asked the Cape Coral Hearing Examiner on May 6 to vacate 1.23 acres of Northeast Nineteenth Place and related easements to combine two undeveloped parcels for a proposed townhome project; staff and traffic consultants reported minimal traffic use and utilities required relocation at the developer's expense.
At the May 6 Hearing Examiner session in Cape Coral, Lennar Homes requested vacation of 1.23 acres of platted right of way (Northeast Nineteenth Place) and underlying easements to assemble adjacent parcels for a proposed townhome development.
Applicant representative Drew Fitzgerald described the request and the property context, noting the two undeveloped parcels are part of Cape Coral Unit 88 and are bisected by the existing right of way. He said the applicant will record a 6-foot perimeter public utility easement (PUE) around the expanded site and will extend water lines, a reuse irrigation line, and a force main; a lift station is being designed to serve the property and surrounding area. Fitzgerald said utility providers Lumen, Comcast and LCEC provided letters of no objection but required that any existing facilities be relocated at the expense of Lennar Homes.
Traffic consultant Yuri Bacall of TR Transportation Consultants testified that spot counts conducted to include Island Coast High School peak hours showed very low use of the short segment proposed for vacation: 57 vehicles between 6 a.m. and 6 p.m. (about 4–5 vehicles per hour) and one pedestrian during the count. Principal transportation planner Laura Dodd, for Public Works, said the applicant performed the requested spot analysis in accordance with guidance and that Public Works does not foresee adverse circulation impacts; the department expects site development review to address stacking and student pickup on site where appropriate.
Planning staff (Mike Struve) said the request meets the standards in section 3.4.05 of the Land Development Code, confirmed that alternate routes exist (notably East Gator Circle) and listed recommended conditions. Those conditions include: consistency with sketches and legal descriptions prepared by Metron Surveying and Mapping LLC (dates in exhibits), retention of a minimum 6-foot perimeter easement, relocation of a catch basin and drainage pipe at the owner's sole expense if public works so requires, responsibility of the owner to relocate any utility facilities found in the vacated area at the owner's cost, a one-time nonrefundable contribution of at least $17,956 to the city general tree fund (to be paid prior to advertising the hearing for adoption), and payment of recording fees to the Lee County Clerk.
No members of the public spoke on the item. The Hearing Examiner said she will forward a recommendation on the application to City Council for consideration; the June 3 hearing date was used earlier for a different case but this vacation will be advanced to Council with staff's recommended conditions.
