Arnold Roberts, Signature Homes Chiquita Boulevard South Unit 65, Block 3337, Lots 1+2 and STRAP: C

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3 Planning Division Case Report SE Review Date: July 19, 2017 Property Owner Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Urban Service Area: Arnold Egan, Jr. Arnold Roberts, Signature Homes Maastricht Engineering The applicant is requesting a Special Exception for a model home use in the Residential (R1-B) District Chiquita Boulevard South Unit 65, Block 3337, Lots 1+2 and STRAP: C Justin Heller, Planner Mike Struve, AICP, Planning Team Coordinator Robert Pederson, AICP, Planning Manager Approval Transition Background: The 20,987-square foot site is in southwest Cape Coral off Chiquita Boulevard South. The four-lot corner property has frontage on S.W. 43 rd Terrace, Chiquita Boulevard South, and S.W. 43 rd Lane. The surrounding area has single-family homes and undeveloped lots. The site has R-1B Zoning and Single- Family Future Land Use (FLU) Classification. Properties to the east, and south share these future land use and zoning designations. Properties to the north and west have a similar FLU designation with Residential Development (RD) Zoning. The request is a Special Exception for a model home in the R-1B District. The parking lot will be on the south side of the site. Eight parking spaces will be provided including one handicapped space, with access to the parking lot from S.W. 43 rd Lane. Landscaping is proposed along the perimeter of the parking lot.

4 Page 2 of 5 SE July 19, 2017 Analysis: The Planning Division reviewed this application based on the Land Use and Development Regulations (LUDR), Section 2.7.1D, the R-1B District, and the five standards in Section 8.8.5a-e, and offers the following analysis. Analysis of the requirements per LUDR Section 8.8.5a-e a) Generally: The site has R-1B Zoning and a Single-Family FLU Classification. Model homes are allowed as a Special Exception with a minimum area of 15,000 square feet for the first model home site, and 10,000 square feet for each additional model home. One model home is proposed and the 20,987 square foot site meets the land area requirement. b) Compatibility: All parcels in Block 4857 have a Single-Family FLU Classification and R-1B Zoning. The R- 1B District has special regulations for model homes including hours of operation, lighting, and prohibiting real estate sales. These regulations are intended to enhance the compatibility of this use with neighboring properties. Eventually, the model home will be converted to a single-family home; a permitted use in the R-1B District. As all parcels within 500 feet of the site allow residential development, this use will be compatible with the surrounding area. c) Minimum Lot Frontage; Access: There is no minimum lot frontage requirement for model homes in the R-1B District. Access to the parking lot will be from S.W. 43rd Lane. Model homes typically do not generate large numbers of trips, with most trips occurring during the daytime. Since model homes cannot open until 9:00 a.m., the hours of operation should not conflict with weekday commuters traveling on NW 2 nd Terrace. Because of the low number of trips, along with the timing of these trips, the driveways proposed by the applicant should not have a detrimental effect on the neighborhood. d) Building Location; Setbacks: The model home meets the setbacks for the R-1B District. e) Screening and Buffering: The site plan shows a continuous row of shrubs screening the parking lot.

5 Page 3 of 5 SE July 19, 2017 Analysis of the requirements per LUDR, Section 2.7.1D.2a-k: a. Minimum site area of 15,000 square feet for the first model home site and a minimum of 10,000 square feet for each additional model home site adjoining. The site is one parcel with 20,987 square feet, thus the minimum land area criterion has been met. b. The parking lot for a model home site(s) shall be set back a minimum of five feet from the side property line and 15 feet from the rear property line. The setback area shall contain at least a five-foot landscaped buffer to the adjoining rear and side property lines. The parking lot meets the minimum setbacks. c. No parking directly to the rear of the model home site(s) on one building site. This property is two corner parcels that were combined into one. The parking lot will be to the rear of the model home. Due to the long narrow site configuration, this is the most practical location for parking. d. Parking: five paved spaces on site for the first model home site, three additional paved spaces for each additional model home site. Eight parking spaces will be provided. e. Vehicle parking entrance to the model home site shall be from the street which faces the front entrance to the model home unless this condition conflicts with Department of Transportation standards or City of Cape Coral Engineering Design Standards. On corner sites where the garage is on the side of the structure, the entrance to the parking area may be located on the same side as the driveway to the garage. Access to the parking lot is on S.W 43 rd Lane which is consistent with City of Cape Coral Engineering Design Standards. Since the parking is to the rear of the model, it is not practicable to have the access from S.W. 43 rd Terrace. f. Time limit: five years maximum unless conforms to all provisions of this ordinance. This Special Exception is limited to five years beginning from the date of approval. An extension to this five-year period would require an amendment to the Special Exception Use. g. Deposit required: This will be required prior to permitting. h. Model home sites may be open for business between 9:00 a.m. and 9:00 p.m. daily. This will be monitored by staff. i. Outside lighting permitted, except from 10:00 p.m. to 7:00 a.m. This will be monitored by staff. j. Security lighting: two security lights, one in front and one at rear of building. Up to two security lights may be installed; one each at the front and rear of the building. k. Model homes must be used exclusively for the display and sale of model homes. No construction office or other real estate uses permitted. This will be monitored by staff.

6 Page 4 of 5 SE July 19, 2017 Model Home Signs: Model home signs are governed by Section A model home is allowed one free-standing sign not to exceed 32 square feet, one additional incidental sign of a maximum four square feet, and a maximum of four feather banners and one banner. Banners and feather banners may only be displayed during the period covered by the Special Exception Use. Feather banner or banner signs shall only be displayed on the model home site between 8:00 a.m. and 5:00 p.m., Monday through Sunday. When the model home is closed, all feather banners and banners shall be removed and stored inside the model home. In addition, a model home freestanding sign, feather banner(s), and banner shall be removed within 30 days after the Special Exception Use has expired. Comprehensive Plan: This project is consistent with the following policies of the Future Land Use Element of the Comprehensive Plan. Policy 1.5: The City will regulate signage to prevent visual blight. Policy 1.6: The City shall develop regulations that establish enhanced landscaping, buffering and signage standards and develop architectural design guidelines for non-residential development. Policy 1.8: The City will maintain regulations ensuring safe and convenient on-site traffic flow and vehicle parking needs for all developed lands. Recommendation: The Planning Division recommends approval with the following conditions: 1. The developer shall screen the entire perimeter of the parking lot with a continuous hedge, consisting of shrubs spaced no greater than three feet on center. The hedge shall be installed at a minimum height of 32 inches and be in at least a seven seven-gallon container. The shrubs shall be maintained at a minimum height of 42 inches at maturity. 2. The project shall be consistent with the site plan provided by Maastricht Engineering, dated 6/02/2017, and attached as Exhibit A. 3. The driveway to the house shall be blocked or roped off to prevent its use during the life of the Special Exception Use.

7 CASE NUMBER: SE NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The applicant is requesting a Special Exception for a model home use in the Residential (R1- B) District. LOCATION: 4325 Chiquita Boulevard South CAPE CORAL STAFF CONTACT: Justin Heller, Planner, , jheller@capecoral.net PROPERTY OWNER(S): Arnold Egan, Jr. AUTHORIZED REPRESENTATIVE: Maastricht Engineering UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 AM on Tuesday, August 15, 2017 on the above mentioned case. The public hearing will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, FL. All interested parties are invited to appear and be heard. All materials presented before the Hearing Examiner will become a permanent part of the record. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. Copies of the staff report will be available 5 days prior to the hearing. The file can be reviewed at the Cape Coral Community Development Department, Planning Division, 1015 Cultural Park Blvd., Cape Coral, FL. DETAILED INFORMATION: The case report and colored maps for this application are available at the City of Cape Coral website, (Click on Public Hearing Information, use the case number referenced above to access the information); or, at the Planning Division counter at City Hall, between the hours of 7:30 AM and 4:30 PM. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. HOW TO CONTACT: Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P.O. Box , Cape Coral, FL The hearings may be continued from time to time as necessary. ADA PROVISIONS: 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, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. APPEALS: If a person decides to appeal any decision made by the Hearing Examiner with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she 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. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida planningquestions@capecoral.net

8 Please contact us with changes or cancellations as soon as possible, otherwise no further action needed. TOLL-FREE Local # FNPLegals@gannett.com Customer: CITY OF CAPE CORAL_DEPT OF COM Ad No.: Address: 1015 CULTURAL PARK BLVD CAPE CORAL FL USA Net Amt: $ Run Times: 1 No. of Affidavits: 1 Run Dates: 08/05/17 Text of Ad:

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10 Exhibit A Page 5 of 5 SE July 19, 2017

11 SW 43RD TER CHIQUITA BLVD S SUBJECT PARCEL CITY OF CAPE CORAL Department of Community Development Planning Division Case No. SE CHIQUITA BLVD S Subject Parcel µ SW 43RD LN JULY 31ST, 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 occur. Please contact the Department of Community Development with any questions regarding this map product.

12 SW 16TH PL SW 15TH AVE 500' PROXIMITY BOUNDARY SW 43RD ST CHIQUITA BLVD S SW 15TH PL SW 15TH AVE CITY OF CAPE CORAL Department of Community Development Planning Division CURRENT ZONING MAP 500' Proximity Buffer MONA LISA CANAL ALCYONE CANAL Case No. SE LEGEND SW 43RD TER CHIQUITA BLVD S SUBJECT PARCEL SW 43RD TER Subject Parcel 500' Proximity Boundary Zoning P-1 R-1B RD SW 43RD LN µ JULY 31ST, 2017 SW 44TH ST SW 44TH ST Feet JOSEPHINE CANAL SW 44TH ST 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 occur. Please contact the Department of Community Development with any questions regarding this map product.

13 GOEDICKE THORSTEN & SABINE AN DER KIRCHE 7 SLAZGITTER GERMANY SCHRAMM BERNADETTE ANTWERPEN STR HERZOGENAURACH GERMANY ADAMS CARLA + KEVIN 1518 SW 43RD LN CAPE CORAL FL ALBERT R BELLIO FAMILY TRUST 1207 SW 52ND TER CAPE CORAL FL BARBOUR REAL ESTATE LLC 8911 DANIELS PKWY STE 6 FORT MYERS FL BEAGLE ALLEN W + LISA A 4403 SW 15TH PL CAPE CORAL FL BONANNO SAM + VINCENZA 2005 N 72ND CT ELMWOOD PARK IL BRIESATH SCOTT W + LAURIE J W 296 S CROSSGATE DR MUKWONAGO WI BROWN ROBERT A + LINDA H 2712 ISABELLA ST EVANSTON IL CARVER ROBIN JOAN 1/2 INT + BRELAN9846 MADISON RD MONTVILLE OH CATALANO NICOLE L + ANTHONY M 4403 SW 16TH PL CAPE CORAL FL CHMIELEWSKI CHARLES + JANE E 1619 SW 43RD LN CAPE CORAL FL CHRISTOPHER DAVID + SHARON 1509 SW 44TH ST CAPE CORAL FL CONTORAVDIS JIM + SANDY 7908 W FLETCHER ST ELMWOOD PARK IL COSTA KENNETH P + ELIZABETH E 1975 MIDDLESEX ST UNIT 70 LOWELL MA01851 D.R HORTON INC BEN C PRATT FORT MYERS FL DELGADO ADOLFO + DIAZ CARMEN JU 4409 CHIQUITA BLVD S CAPE CORAL FL DEMELLO JOHN H III 1430 SW 43RD LN CAPE CORAL FL DREW WILLIAM J + NOSTRANT LEE J/T 1519 SW 43RD TER CAPE CORAL FL DUTTON HOLDINGS LLC AMPERE CT LOUISVILLE KY EGAN ARNOLD J JR 1704 SE 8TH PL CAPE CORAL FL FIELDS LLOYD CARL JR 4322 CHIQUITA BLVD S CAPE CORAL FL FOWLER JAMES L + MARGARET M 1516 SW 43RD ST CAPE CORAL FL GAMEZ DANIEL NW 87TH CT MIAMI LAKES FL GRECO MICHAEL ANTHONY 1615 SW 43RD LN CAPE CORAL FL HARRISON CLINTON B + MICHELE R 1525 SW 43RD TER CAPE CORAL FL HESS BARBARA A 4348 CHIQUITA BLVD S CAPE CORAL FL IH3 PROPERTY FLORIDA LP 1717 MAIN ST SUITE 2000 DALLAS TX ISLAM AMIRUL 1524 SW 43RD LN CAPE CORAL FL IVY-LAWS INC PO BOX 5825 SARASOTA FL JONES DARLENE A + KENNETH E 4318 SW 16TH PL CAPE CORAL FL JORGENSEN ELIZABETH 1505 SW 44TH ST CAPE CORAL FL JOTCAR INC 2110 PONDELLA RD CAPE CORAL FL JR DENTTOOLS INTERNATIONAL INC 2222 SW 38TH TER CAPE CORAL FL KARKOSKA KAREN + KARKOSKA MARK 7 DON CARLOS DR HANOVER PARK IL KAWANO THOMAS L 31 PELL ST NEW YORK NY KRUEGER KURTIS R + PEGGY A CINEMA LN SAINT LOUIS MO63127 LANUM DAVID L + CINDY L 1510 SW 43RD TER CAPE CORAL FL LAURO RUDOLPH G + CARON 4332 CHIQUITA BLVD S CAPE CORAL FL LENNERTZ CLAUDIA C 326 SE 31ST TER CAPE CORAL FL LETENDRE JOHN A PO BOX 91 PELHAM NH LOCKE KENNETH R 4337 SW 16TH PL CAPE CORAL FL MACHLOVITZ JOHN 1/2 + AUMAN BILL1506 SW 43RD TER CAPE CORAL FL MARONDA HOMES INC OF FLORIDA US HWY 41 S GIBSONTON FL MCCLINTON KYLE JERMAYNE SR + MCL1506 SW 43RD LN CAPE CORAL FL MCCONNELL CLARICE K L/E 3145 N 54TH ST MILWAUKEE WI METZ THOMAS + DOREEN 1614 SW 43RD TER CAPE CORAL FL MONIZ AIDA 1503 SW 43RD TER CAPE CORAL FL NEWCOM REAL PROPERTIES LLC 5707 S CASS AVE STE 1070 WESTMONT IL NGUYEN LO AN & LE KELLY 1615 SW 44TH ST CAPE CORAL FL NGUYEN VU + DUNG TO 1509 SW 43RD LN CAPE CORAL FL OELRICH ANNE M 4403 CHIQUITA BLVD S CAPE CORAL FL OLIVER KENT D + JO ANN NALLE RD NORTH FORT MYERS FL OUM VANDY + CHHUNLY K 114 NORWAY LANE LEBANON PA 17042

14 PINNACLE BUILDING SOLUTIONS LL 2508 DEL PRADO BLVD S CAPE CORAL FL RAMOS ANTONIO LUIS + CUEVAS NATAPO BOX CAPE CORAL FL REYES OSMARA PMB 212 CAPE CORAL FL REYES STEPHANIE 1616 W CAPE CORAL PKWY STE 102 CAPE CORAL FL RISTAU BARBARA + PINTO RAMONA 170 DUNCAN ST SAN FRANCISCO CA ROBISON PROPERTIES LLC 5820 HARBOUR PRESERVE CIR CAPE CORAL FL ROMANO MICHAEL J + MARGARET E 1510 SW 43RD LN CAPE CORAL FL ROY RAYMOND + KATHLEEN 1513 SW 43RD LN CAPE CORAL FL SALVAGIO PETER J + SUSAN 1511 SW 43RD TER CAPE CORAL FL SILVER TREE HOMES LLC 2557 DEERFIELD LAKE CT CAPE CORAL FL SOUTHWEST RESEARCH 3821B TAMIAMI TRL # 321 PORT CHARLOTTE FL STELLER JOHN R + ARLENE H 5212 SW 8TH PL CAPE CORAL FL SULLICO II LLC DOUBLE EAGLE DR MORRISON CO TOPIC JESSICA R + WILLIS KENNY M 4345 SW 16TH PL CAPE CORAL FL TRUMPER ELENA + TRUMPER GREGOR4321 SW 16TH PL CAPE CORAL FL TULUMELLO DIANE PO BOX 1040 WILLIAMSVILLE NY WIRTH STEPHEN R + JILL L 870 SAWGRASS LN MECHANICSBURG PA WORKMAN ROBERT E 50% + TORRES P1513 SW 44TH ST CAPE CORAL FL YU JESSICA MARIE 1614 SW 43RD LN CAPE CORAL FL ZINGARIELLO CARMINE A 649 REVERE BEACH BLVD REVERE MA02151

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