March 25, To The City of Cape coral of Community and Development

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1 March 25, 2016 To The City of Cape coral of Community and Development We Edgar and Magalys Meza, in order to stablish a business as Land Scaping and Garden Supply Store are requesting, to rezoning currents lots in commercial CP 1. Thanks, Edgar Meza Magalys Meza

2 NE 16th PLACE (50') (BUFF ALO A VEN.JE - PLAT) s oo oo oo"e FIR 1/2"" # " 40" FIR 5/8"" #2549 BOUNDARY SURVEY LOTS AND 41. BLOCK UNT 17 PART 1 CAPE CORAL SUBDIVISION PLAT BOOK 23. PAGES 3-5 LEE COUNTY. FLORIDA AND THAT PORTION OF THE VACA TED ALLEY LYING BETWEEN THE EAST LINE OF LOTS 24 AND 25. AND THE WEST LINE OF LOTS 40 AND 41 AS ADOPTED BY RESOLUTION AS RECORDED IN O.R. BOOK PAGE W 26 ~ z 23 ;,;I ~I 15.9" I 1 STORY HOUSE #435 I.A'..,..,.., " CERTIFIED TO: EDGAR S. AND MAGALY MEZA DEL PRADO BOULEVARD (100') (DEL PRADO PARKWAY - PLAT)

3 Planning Division Staff Report ZA Review Date: May 17, 2016 Prepared By: Review Approval: Recommendation: Applicant: Property Owners: Wyatt Daltry, AICP, Planning Team Coordinator Amy L. Yearsley, AICP, Acting Planning Manager Approval Edgar and Megalys Meza 435 Del Prado Boulevard North Cape Coral, FL Edgar and Megalys Meza 435 Del Prado Boulevard North Cape Coral, FL Authorized Edgar and Megalys Meza Representative/ 435 Del Prado Boulevard North Applicant: Cape Coral, FL Request: The applicant is requesting a rezoning for one property comprising 0.22 acres from Multi-Family Residential (R-3) to the Pedestrian Commercial (C-1) zoning district.

4 May 17, 2016 ZA Page 2 Executive Summary STRAP Numbers: Site Address: Site Area: Current Zoning: Surrounding Zoning: Current Future Land Use: Surrounding Land Use: Urban Service Area: City Water: City Sewer: Type of Access Road: C A portion of 435 Del Prado Blvd. Prior to assemblage with 435 Del Prado Boulevard, the property had the address of 436 NE 16 th Place. 10,000 square feet 0.22 acres, more or less Multi-Family Residential (R-3) North: Pedestrian Commercial (C-1) and Multi-Family Residential (R-3) South: C-1 and R-3 East: Single Family Residential (R-1B) (across street) West: C-1 and CORR (CORR) (across street) Commercial/Professional (CP) North: Commercial/Professional (CP) South: CP East: SF (across street) West: CP and Pine Island Road District (PIRD) (across street) Infill Yes Yes NE 16th Place, a local road. The subject property is 135 east of Del Prado Boulevard, a major arterial road. Site Visit: May 3, 2016 Applicable Regulations Section , F.S. requires that all land development regulations enacted or amended...to be consistent with the adopted comprehensive plan.

5 May 17, 2016 ZA Page 3 LDR, Section states that Amendments to zoning on the Official Zoning District Map shall be consistent with the adopted Cape Coral Comprehensive Plan, including the Future Land Use Map and its accompanying text. STAFF RECOMMENDATION For the reasons discussed within the analysis below, staff believes the proposed rezoning is consistent with the Comprehensive Plan, and as a result, staff recommends Approval of the proposed rezoning request. Background/Analysis: The subject property is located on NE 16th Place, a local road. The subject property is unimproved, but surrounding improved properties on Block 1546 (59% developed) are developed with duplexes and commercial buildings. The subject property is approximately 270 in depth and 80 wide, as the properties were combined recently, in Only the eastern half of the subject property is subject to the rezoning request, as the western half already has a C-1 zoning designation. Should the rezoning be approved, the property in its entirety would be fully consistent with the Commercial/Professional (CP) future land use map classification. The multi-family structures developed on this block were built between 1986 and 1988, prior to the 1989 adoption of the Future Land Use Map. Single family residences are located nearby to the property on the other side of NE 16th Place, to the east. The current Future Land Use Map classification of CP has been present since While Block 1546 has not had commercial or mixed use development since the adoption of the 1989 Future Land Use Map, some commercial development is present on the southern and northern ends of the parent block of the subject property, Block Several undeveloped properties are located between existing structures, and the CP Future Land Use Map classification precludes residential development. Comprehensive Plan The proposed rezoning would provide consistency between the current Commercial/Professional future land use map classification and the zoning. Land Use and Development Regulations -- Section 8.7 Amendments: Staff has reviewed this request in accordance with Section 8.7 Amendments,.3 Consistency with Comprehensive Plan and General Standards, B of the Land Use and Development Regulations and provides the following analysis. This section is used for future land use map amendments, comprehensive plan amendments, and for rezoning amendments.

6 May 17, 2016 ZA Page 4 1. The extent to which the value of the property is diminished by the proposed land use restriction or zoning of the property. The rezoning of this property from R-3 to the C-1 district would not likely diminish the land value because this proposed district increases the number of permitted and special exception uses. 2. The extent to which the removal of a proposed land use restriction or change depreciates the value of other properties in the area. The proposed zoning district is not anticipated to depreciate the value of other properties in the area. 3. The suitability of the property for the zoning purpose or land use restriction imposed on the property as zoned. The proposed zoning district would be consistent with the proposed land use classification of CP, which has been in place since The character of the neighborhood, existing uses, zoning of nearby and surrounding properties, and compatibility of the proposed land use restriction or zoning. The surrounding area has a mixed character of commercial, single family and multi-family residential uses. The subject property is located in the middle of Block 1546, both on a major arterial roadway (Del Prado Boulevard) and on a local roadway, across the street from single family residential properties to the east. Other properties on the subject property s block have a CP future land use and a mixture of C-1 and R-3 zoning districts. The mid-block location of the subject property would positively affect the compatibility of the Block The relative gain to the community as compared to the hardship, if any imposed, by the proposed land use restrictions or from rezoning said property. The purpose of this rezoning is to increase the City s inventory of commercial properties, which is under-represented in the community. As a result, this proposed rezoning creates more gains than hardships to the community. 6. The community need for the use proposed by the zoning or land use restriction. While the City of Cape Coral needs to increase the amount of multi-family residential lands in appropriate areas, the City also needs to retain the amount of mixed-use and commercial lands within Cape Coral. The subject property also has a CP future land map classification, indicating the future need for commercial development in this area. There is a strong need for the uses proposed by the proposed rezoning.

7 May 17, 2016 ZA Page 5 7. Length of time the property proposed to be rezoned has been vacant, as zoned, when considered in the context of the City of Cape Coral Comprehensive Land Use Plan for the development of the proposed property and surrounding property. The subject area of the subject property is not developed. The property has been classified as CP since The extent to which the proposed land use restriction or zoning promotes the health, safety, morals, or general welfare of this community. Approval of this rezoning request will have a negligible effect upon the health, general welfare, safety or morals of the community due to the small size of the subject property. Providing a zoning designation that is consistent with the future land use map classification should have a positive effect on the general welfare for the community. 9. The extent to which the proposed land use, land use restriction, or zoning will impact the level of service standards for public facilities as specified in the Comprehensive Plan. The impacts on infrastructure for residential development on this site will be negligible due to the size of the subject property. There may be an increase of vehicular traffic due to the close proximity of the subject properties to arterial and collector roadways. Facility capacity exists for both the transportation and utility infrastructure networks maintaining the level of service standards will remain unchanged as a result of this rezoning. 10. Whether the proposed land use restriction, removal of a restriction, or zoning is consistent with the City of Cape Coral Comprehensive Land Use Plan. The proposed rezoning would be compatible with the future land use classification that currently exists for the subject property. The proposed rezoning is consistent with the Comprehensive Plan. Public Notification This case will be publicly noticed as required by LUDR, Section A as further described below. Publication: A legal ad will be prepared and sent to the News-Press announcing the intent of the petitioners to rezone the property described within this report. The ad will appear in the News-Press a minimum of 10 days prior to the public hearing scheduled before the Planning and Zoning Commission. Following the public hearing before the Commission, the ad announcing the final public hearing before the City Council will appear once in the News-Press. The ad will appear in the newspaper not less than 10 days prior to the date of the final public hearing before the City Council.

8 May 17, 2016 ZA Page 6 Written notice: Property owners located within 500 feet from the property line of the land which the petitioners request to rezone will receive written notification of the scheduled public hearings. These letters will be mailed to the aforementioned parties a minimum of 10 days prior to the public hearing scheduled before the Planning and Zoning Commission. Posting of a Sign: A large sign identifying the case and providing salient information will be posted on the property, as another means of providing notice of the rezoning request. Recommendation: Planning staff has reviewed this request in accordance with Section 8.7 Amendments,.3 Consistency with the Comprehensive Plan and General Standards A., B of the Land Use and Development Regulations and the City s Comprehensive Plan. Planning Division recommends approval of the rezoning request. Staff Contact Information: Wyatt Daltry, AICP Planning Team Coordinator Department of Community Development Planning Division (239) wdaltry@capecoral.net

9 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City of Cape Coral Hearing Examiner (HEX) at 9:00 AM, on Tuesday, August 2nd, 2016 in the Council Chambers at City Hall to consider: ZA , a request for a rezoning for one property comprising 0.22 acres from Multi-Family Residential (R-3) to the Pedestrian Commercial (C-1) zoning district. The property is located as a portion of 435 Del Prado Blvd. Prior to assemblage with 435 Del Prado Boulevard, the property had the address of 436 NE 16th Place. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report will be available 5 days prior to the hearing. The fi le can be reviewed at the Cape Coral Community Development Department, Planning Division, 1015 Cultural Park Blvd., Cape Coral, FL. Direct inquiries may contact Wyatt Daltry at or at wdaltry@capecoral.net. The Hearing Examiner s decision becomes final on the date rendered. If a person decides to appeal any decision made by the City of Cape Coral Hearing Examiner with respect to any matter considered at such meeting or hearing, they will need a record of that proceeding, and for such purpose they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, FL; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. by order of Rebecca van Deutekom, MMC City Clerk REF # ZA PUBLISH AD: Saturday, July 23 rd NP PROOF O.K. BY: O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY SUBMIT CORRECTIONS ONLINE ADVERTISER: CITY OF CAPE CORAL_DEPT PROOF CREATED AT: 7/21/2016 9:34 PM SALES PERSON: Legal Display PROOF DUE: - NEXT RUN DATE: 07/23/16 PUBLICATION: NP-DAILY SIZE: 1 col X 10 in NP INDD

Department of Community Development Planning Division AFFIDAVIT IN RE: APPLICATION OF: EDGAR S + MAGALY MEZA APPLICATION NO: ZA16-0004 STATE OF FLORIDA ) ) COUNTY OF LEE ) I, Vincent

performing duties as required for the City of Cape Coral. That pursuant to City of Cape Coral code. Section 8.3.2A and Section 8.11.3.A all required written notice and publication has been provided.

$Cautero, AICP, who is personally known to me a d w o did not take an A~~~\!'.~~~\ M ICHELLE A MILLER f : 1.l \~. ~.../ MY COMMISSION #FF06085 2 ~.?..~}~~.$

10 Department of Community Development Planning Division AFFIDAVIT IN RE: APPLICATION OF: EDGAR S + MAGALY MEZA APPLICATION NO: ZA STATE OF FLORIDA ) ) COUNTY OF LEE ) I, Vincent A. Cautero, AICP having first been duly sworn according to law, state on my oath the following : That I am the Director of the Department of Community Development and responsible in performing duties as required for the City of Cape Coral. That pursuant to City of Cape Coral code. Section 8.3.2A and Section A all required written notice and publication has been provided. Also posting of a sign has been done when applicable per Section 8.3.2A. DATED this day of Vincent A. Cautero, AICP STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me thi~ day of _ by Vincent A. Cautero, AICP, who is personally known to me a d w o did not take an A~~~\!'.~~~\ M ICHELLE A MILLER f : 1.l \~. ~.../ MY COMMISSION #FF ~.?..~}~~./ EXPIRES November 30, (407) FloridaNotaryS I erv ce.com E~~ #~Q~ Signature of Notary Public M1dz(!v U1 f (~r Print Name of Notary Public

13 CHEROKEE LAKE NE 15TH PL NE 16TH PL DEL PRADO BLVD N Subject Parcel NE 5TH TER CITY OF CAPE CORAL Department of Community Development Case # ZA Subject Parcel µ Map Date: July 13, 2016 Aerial Date: May Feet This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product.

NE 15TH CT NE 16TH PL CITY OF CAPE CORAL Department of Community Development Planning Division CURRENT ZONING MAP 500 Proximity Boundary NE 6TH ST Case No.

MAY 18, 2016 0 60 120 180 240 Feet 500' Proximity Boundary This map is not a survey and should not be used in place of a survey.

14 NE 15TH CT NE 16TH PL CITY OF CAPE CORAL Department of Community Development Planning Division CURRENT ZONING MAP 500 Proximity Boundary NE 6TH ST Case No. ZA Lot: Legend Subject Parcels NE 15TH PL DEL PRADO BLVD N DEL PRADO BLVD N Subject Parcels NE 5TH TER CHEROKEE LAKE 500' Buffer Zoning C1 CORR R1B R3 NE 4TH LN NE 16TH PL NE 17TH AVE µ MAY 18, Feet 500' Proximity Boundary This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

15 NE 15TH CT NE 16TH PL CITY OF CAPE CORAL Department of Community Development Planning Division PROPOSED ZONING MAP 500 Proximity Boundary NE 6TH ST Case No. ZA Lot: Legend Subject Parcels NE 15TH PL DEL PRADO BLVD N DEL PRADO BLVD N Subject Parcels NE 5TH TER CHEROKEE LAKE 500' Buffer Zoning C1 CORR R1B R3 NE 4TH LN NE 16TH PL NE 17TH AVE µ MAY 18, Feet 500' Proximity Boundary This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

16 NE 15TH CT NE 16TH PL CITY OF CAPE CORAL Department of Community Development Planning Division FUTURE LAND USE MAP 500 Proximity Boundary NE 6TH ST Case No. ZA Lot: Legend Subject Parcels NE 15TH PL DEL PRADO BLVD N DEL PRADO BLVD N Subject Parcels NE 5TH TER CHEROKEE LAKE 500' Buffer Future Land Use SF PIRD CP NE 4TH LN NE 16TH PL NE 17TH AVE µ MAY 18, Feet 500' Proximity Boundary This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

17 Owner_Name Mailing_Ad Mailing_Ci Mai Mailing_Zi KIM DOO YUN + JENNIFER GLEN DR COQUITLAM BC V3B 0B2 HENKE WERNER AUF DEM BRINK 4 D WEYHE GERMANY YDLR LLC 84 AHOREN STREET SEDE HEMED ISRAEL 15TH COURT LLC 4419 SE 11TH PL CAPE CORAL FL AMIN MOSTAFA + TERTYCHENKO OLGA H/W 430 NE 17TH AVE CAPE CORAL FL ANDERSON NANCY J HUFFMASTER RD NORTH FORT MYERS FL ANGEL WORKS LLC 411 NE 16TH PL CAPE CORAL FL W LAKE SAMMAMISH BENAFEL JAMES R JR + JOANN PKWY SE BELLEVUE WA BROWN RONALD T 1621 NE 6TH ST CAPE CORAL FL BRYANT JENNIFER 423 NE 16TH PL CAPE CORAL FL C C + D HOLDINGS OF FLORIDA LLC YACHT CLUB CIR FORT MYERS FL CAPE CORAL DEVELOPMENT INC 4704 VINCENNES BLVD STE CAPE CORAL FL CAPE HYNEK LLC 116 SW 54TH TER CAPE CORAL FL CARMONA EDITA + RODRIGUEZ NURIS MARIEN J/T 419 NE 17TH AVE CAPE CORAL FL CARROLL ERICA + AARON D 510 NE 15TH PL CAPE CORAL FL CEDENO FERNANDO + MARTHA 4926 SW 25TH PL CAPE CORAL FL TECHNOLOGY DR MS CITIMORTGAGE INC 314 O FALLON MO CLARK MATTHEW W 415 NE 17TH AVE CAPE CORAL FL DEFINIS ROBERT + ANTONETTE TR FOR DEFINIS TRUST 3109 SE 5TH CT CAPE CORAL FL DUSSAN MICHELLE NW 21ST ST PEMBROKE PINES FL ELIEFF JOSEPH G 418 NE 17TH AVE CAPE CORAL FL FULCI CHARLES P 1532 NE 4TH LN CAPE CORAL FL GALATIA INC PO BOX CAPE CORAL FL GALVEZ HERMES G + GONZALEZ SARAH H/W 1625 NE 6TH ST CAPE CORAL FL GOODWIN CONSTRUCTION CORPORATI 2733 OAK RIDGE CT STE FORT MYERS FL GRAVELLE RENEE 415 NE 16TH PL CAPE CORAL FL H G S 2 LLC AJAY PATEL 5099 POST OAK LN NAPLES FL HELTON JAMES C + WENDY K 423 NE 17TH AVE CAPE CORAL FL JAMMD LLC 2010 HOOPLE ST FORT MYERS FL JOE MARE LLC 16 WIMBLEDON WAY MARLTON NJ LAHAYNE NANCY A 414 NE 17TH AVE CAPE CORAL FL LEE COUNTY PO BOX 398 FORT MYERS FL LEEMAN VINCENT W 2522 SW 24TH CT CAPE CORAL FL MARTINEZ JANET + ALMEIDA YITSI T/C 1617 NE 5TH TER CAPE CORAL FL MCDONALD CYNTHIA A 1621 NE 5TH TER CAPE CORAL FL MERRITTS LESLIE A 820 DAHLIA LN VERO BEACH FL MEZA EDGAR S + MAGALY 435 DEL PRADO BLVD N CAPE CORAL FL 33909

18 MORRISETTE WAYNE + MORRISETTE CRAIG T/C PO BOX 4733 VIRGINIA BEACH VA PRITCHARD LAN ROBERTA + PRITCHARD SOMMAY K + THOMAS J/T 518 NE 15TH PL CAPE CORAL FL PUTERBAUGH RICHARD J JR 317 BOWMANS MILL RD ORANGEVILLE PA RAMIREZ JORGE + ESTELA 326 NE 18TH AVE CAPE CORAL FL RICH KEITH A 4001 E RIVER DR FORT MYERS FL RUBIO ANTONIO + ELISA 607 NE 15TH CT CAPE CORAL FL SANTIAGO EMILIO B + IRIS M 7490 W 17TH AVE HIALEAH FL SHERIDAN DELORIS J 1124 SE 32ND ST CAPE CORAL FL SNOOK JACQUELINE R 1614 NE 6TH TER CAPE CORAL FL SORCE CARMELO + FILOMENA TR FOR CARMELO + FILOMENA SORCE REVOCABLE TRUST 1008 SW 33RD ST CAPE CORAL FL STANLEY JAMES E 1536 NE 4TH LN CAPE CORAL FL STEELE CAROL A 1616 NE 6TH ST CAPE CORAL FL STRAUSS STEPHEN PO BOX 4026 FORT MYERS BEACH FL SUNLIGHT LANDS LLC 434 NE 16TH PL CAPE CORAL FL SUNWEST TRUST INC FBO LARRY OTTESEN IRA 3240 D JUAN TABO NE ALBUQUERQUE NM TIDWELL ALLEN M 428 NE 17TH PL CAPE CORAL FL TJD HOLDINGS INC 401 NW 10TH TER HALLANDALE FL TOLL GATE NAPLES LLC 3845 BECK BLVD STE 807 NAPLES FL TRUDEL JEANNOT + LISE TR FOR JEANNOT + LISE TRUDEL TRUST 1810 SAVONA PKWY CAPE CORAL FL TRUJILLO OCTAVIO 506 NE 15TH PL CAPE CORAL FL WITTICH HEINZ 1729 SW 3RD PL CAPE CORAL FL ZAYAS CARLOS N POLO NW 80TH CT HIALEAH FL 33016

Planning Division Case Report DE Review Date: April 14, Authorized

Planning Division Case Report DE16-0056 Review Date: April 14, 2017 Owner/Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Samir Salman Terry