The Vacation of Plat Application is the City of Cape Coral form, issued by the City Planning Division of the Department of Development Services, for asking the city to vacate a plat, an easement or a right-of-way; it is printed as the Vacations of a Plat, Easements, and Right-of-Way Application. It is one of the Cape Coral permit and approval applications the Planning Division publishes, and it comes after a required pre-application meeting with Planning staff. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the city publishes the official PDF and directs vacation applications to its CSS online portal.
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What is Vacation of Plat Application – Cape Coral, FL?
The Vacation of Plat Application is the City of Cape Coral form, issued by the City Planning Division of the Department of Development Services, for requesting that the city vacate a plat, easement or right-of-way.
The eight-page packet is titled Vacations of a Plat, Easements, and Right-of-Way Application. It holds a requirements checklist, the request page addressed to the Hearing Examiner and City Council (property, owner, applicant and representative information), an Authorization to Represent Property Owner(s), an Acknowledgement Form, a Documentary Evidence agreement and the text of Section 3.4.5 of the Land Development Code (LDC), which governs vacations.
Under that section, the City Council decides the request. After a public hearing it may approve a vacation if it finds no reasonably foreseeable public use for the area, and approval is by resolution or ordinance. The city may keep easements for utilities or drainage in the vacated area. A vacation takes effect when the resolution or ordinance is adopted and recorded.
The city's Planning Division page adds that every Vacation of Plat application must be submitted through the CSS online portal and requires a meeting with Planning staff before submission.
Who needs to file Vacation of Plat Application – Cape Coral, FL?
The main users are property owners in the City of Cape Coral who want a plat, easement or right-of-way vacated, and the applicants who file for them. The LDC text printed on the form describes the requests as made by adjoining property owners. The petitioner must show color of title to the land covered by the plat, unless the petitioner is the City of Cape Coral.
- Owners holding title through an entity. If the owner does not own the property in a personal name (for example an LLC or trust), the owner signs all applicable forms in a corporate capacity.
- Applicants who are not the owner. Use the Applicant Information block, which is for an applicant different from the owner.
- Authorized representatives. A representative is named on the request page and in the Authorization to Represent Property Owner(s). If the representative is an attorney, the attorney may sign the application and the Acknowledgement Form, and the Authorization to Represent form is not required.
New vacation applications are not accepted until the applicant has requested and attended a pre-application meeting with Planning staff.
When to file Vacation of Plat Application – Cape Coral, FL
Hold the pre-application meeting first: the form says applicants must request and attend one with Planning staff before submitting, and new vacation applications are not accepted until it has taken place. The application is then submitted whenever you are ready to start the vacation process; the form prints no calendar deadline.
Later dates tied to the process:
- Advertising costs must be paid before the public hearing, or the case may be continued to a later hearing date.
- Public hearing notices to vacate a plat are published once a week for two consecutive weeks, the first publication at least two weeks before the hearing.
- Copies of all documentary evidence, including what you plan to present at the hearing, must be available to staff and the decision-making body or Hearing Examiner no later than three business days before the hearing.
- Any city decision is subject to a thirty (30) day appeal period.
Hearing dates are confirmed when you receive the Notice of Public Hearing.
Documents you need
- Completed Application, Acknowledgement Form and, when a non-attorney representative acts for the owner, Authorization to Represent Property Owner(s): filled out completely, legible, signed by the owner(s) and notarized.
- Letter of intent clearly identifying the request and why the vacation is sought.
- Proof of title to the tract or parcel of land covered by the plat, or the plat of which vacation is sought.
- Letters of approval from the utility companies listed on the form: LCEC (Electric), Lumen Technologies (Telephone) and Comcast (Cable). The LDC also calls for approval from any other affected utility, such as water or sewer.
- Sketches and legal descriptions of the area proposed to be vacated; the LDC requires separate drawings and legal descriptions when right-of-way and easement configurations differ.
- A copy of any deed restrictions on the property, if there are any.
- Certified topographic survey done within the past six months, showing all pavement, utility and drainage features in the area.
- If no such features exist: a signed, sealed and dated certification by a Florida registered Professional Engineer that there are no roadway, utility or drainage features within and adjacent to the proposed vacated area.
- Any additional required supporting documents.
- Copy of the corporation papers, if an owner listed on the Authorization to Represent form is a corporation.
How to fill out Vacation of Plat Application – Cape Coral, FL
Request the pre-application meeting
Before completing the form, request and attend a pre-application meeting with Planning staff. New vacation applications are not accepted until the meeting has been held.
Enter the property information
Fill in Project Name and Location/Address, then the Strap Number with Unit, Block and Lot(s); a second row is available. Add the Plat Book and Page, Future Land Use and Current Zoning.
List the property owner(s)
Enter each Owner's name, Phone, Email, Address, City, State and Zip. There are two owner blocks; list every owner.
Add applicant and representative
Complete the Applicant Information block only if the applicant differs from the owner. Complete Authorized Representative Information only if a representative applies.
Complete the signature block
Enter the corporation or company name if applicable, then each owner's printed name and signature and the applicant's name and signature. An owner holding title through an LLC or trust signs in a corporate capacity.
Sign before a notary
The signature must be notarized. Sign in front of the notary, who completes the State, County, date, identification, commission and stamp lines and checks physical presence or online notarization.
Complete the Authorization to Represent
Enter the name of the person giving the presentation, the type of public hearing (Vacation of Plat), Unit, Block, Lot(s) and Subdivision or the legal description. Each owner prints a name and signs with title before a notary; this page is not required if the representative is an attorney.
Sign the Acknowledgement Form
Enter the day, month and year, the corporation or company name if any, and the owner's printed name and signature. The notary completes the notary block.
Sign the Documentary Evidence page
Print the owner or applicant name and sign to agree to make documentary evidence available three business days before the hearing. This signature is also notarized.
Gather the supporting documents
Prepare the letter of intent, proof of title, utility approval letters, sketches and legal descriptions, deed restrictions if any, the certified topographic survey and any other required documents.
Review and download the completed PDF
Check every block against the requirements checklist, then download or print the completed PDF from FillingPDF. Submit the signed, notarized packet through the channels described under How to submit.
How to submit Vacation of Plat Application – Cape Coral, FL
Vacation of Plat applications are submitted through the City of Cape Coral's CSS online portal, after a pre-application meeting with Planning staff. The city's Planning Division Applications and Documents page, https://www.capecoral.gov/departments/development_services/city_planning_division/planning_division_applications_and_documents.php, states this requirement.
- CSS online portal: upload the completed, signed and notarized packet with the supporting documents listed on the form's requirements page.
- Help and questions: write to [email protected] or call the City Planning Division at (239) 574-0553. The form's letterhead also lists fax (239) 574-0591 and P.O. Box 150027, Cape Coral, FL 33915-0027.
- Review and fees: the city page says an application is reviewed for completeness and invoiced once received. A fee applies, plus advertising costs and reimbursement of the recording costs if the vacation is approved; ask Planning staff for current amounts. The city says it will never request payment by electronic funds transfer, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting a new vacation application before the required pre-application meeting with Planning staff has been held; the form says such applications are not accepted.
- Leaving owner signatures un-notarized; the form requires the signatures on the application, Authorization, Acknowledgement and Documentary Evidence pages to be notarized.
- Signing in a personal name when the property is held by an LLC, trust or similar owner; the owner must sign in a corporate capacity.
- Omitting the Authorization to Represent Property Owner(s) when the representative is not an attorney, or listing only some of the owners.
- Attaching a topographic survey older than six months, or leaving out the Florida PE certification when no pavement, utility or drainage features exist.
- Leaving out a letter of approval from LCEC, Lumen Technologies or Comcast, or from another affected utility such as water or sewer.
- Not paying advertising costs before the public hearing, which can continue the case to a later hearing date.
- Not having documentary evidence ready at least three business days before the hearing.
- Paying by wire, electronic funds transfer or a payment app such as Zelle, which the city says it never requests.
Frequently asked questions
What is the Vacation of Plat Application in Cape Coral?
It is the City of Cape Coral form, from the City Planning Division, for asking the city to vacate a plat, easement or right-of-way. The request is heard by the Hearing Examiner and City Council, and approval, if granted, is by resolution or ordinance.
Do I need a meeting before I submit a vacation application?
Yes. The form requires a pre-application meeting with Planning staff before you submit, and the city says new vacation applications will not be accepted until that meeting has been held. Request it through the Planning Division.
Does the Vacation of Plat Application have to be notarized?
Yes. The form says all forms must be signed by the property owner(s) and notarized. The application, Authorization to Represent, Acknowledgement Form and Documentary Evidence pages each have a notary block.
Where do I submit a Cape Coral vacation of plat application?
Through the city's CSS online portal. The Planning Division says all Vacation of Plat applications must be submitted there, after a meeting with Planning staff. For help, email [email protected] or call (239) 574-0553.
Can I fill out the Vacation of Plat Application online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF does not submit the application or accept payment for it; you submit it through the city's CSS online portal.
Can an attorney sign for the owner?
Yes, in part. If the authorized representative is an attorney, the attorney may sign the application and the Acknowledgement Form, and the Authorization to Represent Property Owner Form is not required.
Does a vacation of plat affect a Cape Coral building permit?
Yes. If a vacation is approved and the recording reimbursement is unpaid, restrictions on City permits stay on the affected property. The city cannot issue building permits, site plans or certificates of occupancy for property covered by the resolution or ordinance until the fees are paid.
Which utility approval letters are required?
The form lists letters of approval from LCEC (Electric), Lumen Technologies (Telephone) and Comcast (Cable), with contacts for each. The LDC also calls for approval from any other affected utility, such as water or sewer.
Is there a fee, and how is it paid?
Yes. A fee applies, and the applicant also pays advertising costs and reimburses the city's recording costs if the vacation is approved. Ask Planning staff for the amounts. The city says it never requests payment by wire, EFT or payment apps such as Zelle.
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