LETTER OF INTENT PLANNED DEVELOPMENT PROJECT APPLIC.

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September 26, 2017 David Hyyti Public Works Department City of Cape Coral 1015 Cultural Park Boulevard Cape Coral, Florida 33990 PROJECT: 1913 NE 10 TH TERRACE UNIT 47, BLK.

1 September 26, 2017 David Hyyti Public Works Department City of Cape Coral 1015 Cultural Park Boulevard Cape Coral, Florida PROJECT: 1913 NE 10 TH TERRACE UNIT 47, BLK PB 23 PG 117 LOTS 11 THRU 14 SUBJECT: LETTER OF INTENT PLANNED DEVELOPMENT PROJECT APPLIC. Dear Mr. Hyyti: It is the intent of the property owner, Samile Investments, LLC, to request a Planned Development Project Permit for the site construction for a manufacturing and office building on the above referenced property. The project site is located at 1913 NE 10TH TERRACE on Block 3546 lots 11 through 14. The subject parcels are zoned (CORR) and have a Future Land Use designation of (PIRD). The adjacent properties have the following Future Land Use and Zoning designations: FLU ZONING NORTH MF RX WEST PIRD CORR EAST PIRD CORR SOUTH PIRD CORR 9911 Corkscrew Road Suite 222, Estero, FL

2 This subject parcel is 24,000 sq. ft. (0.55 ac.) and is currently a vacant mowed parcel. The project proposes (1) building, associated parking, storm water and utilities. The project proposes a rear 25 landscape buffer along the 160 rth property line to include a total of 19 canopy trees and 77 shrubs. The rear of the building will also contain no windows and only emergency exits if required for fire purposes. Sincerely, Boral Engineering & Design, Inc. Andres Boral, P.E. Florida License Number: Corkscrew Road Suite 222, Estero, FL

4 PROTECTED SPECIES ASSESSMENT: 1913 NE 10TH TERRACE UNIT 47, BLK PB 23 PG 117 LOTS 11 THRU 14 Cape Coral, Lee County, Florida September 26, 2017 David Hyyti Public Works Department City of Cape Coral 1015 Cultural Park Boulevard Cape Coral, Florida Dear Mr. Hyyti: SITE CONDITIONS Site inspections were conducted by Andres Boral, P.E. on May 7, The weather was hot and windy with temperatures in the upper 80 s. The site is a typical, routinely mowed undeveloped Cape Coral lot. VEGETATION CLASSIFICATIONS The table below displays the vegetative associations found on the subject parcel. These vegetative associations were identified using the Florida Land Use Cover Classification System. (FLUCCS) and are shown on the table below. Also included is a description of each FLUCCS association below Corkscrew Road Suite 222, Estero, FL

5 FLUCCS CODE DESCRIPTION APPROX. ACREAGE 0 Open Land, Inactive Lands with Street Patterns 0.55 ± TOTAL SURVEY METHOD: The agent conducted a thorough walkover of the project site. surveys were made while driving a vehicle. Transects were walked from property line to property line in a north/south direction with a spacing of 25 feet between transects until the entire property is covered. If vegetation or other features obscure the view, closer transects would have been employed as necessary. Cross transects were then conducted in an east/west direction in a similar manner. As each transect proceeded, the observer noted the locations of any listed species and plotted them on an aerial of the site. (see attached). All listed species observed were documented whether it nested on the site or not. SPECIES LIST: FLUCCS SPECIES OBSERVED American Bald Eagle (Haliaetus leucocephalus) Burrowing Owl (Speotyto cunivularia) Eastern Indigo Snake (Drymarchon corais couperi) Gopher Tortoise (Gopherus polyphemus) Gopher Frog (Rana areolata) Southeastern American Kestrel (Falco sparverius paulus)

6 Red-Cockaded Woodpecker (Picoides borealis) Big Cypress Fox Squirrel (Sciurus niger avicennia) Florida Panther (Felis concolor coryi) Fakahatchee Burmannia (Burmannia flava) Satinleaf (Chrysophyllum oliviforme) Beautiful Pawpaw (Deeringothamnus pulchellus) Florida Coontie (Zamia floridana) RESULTS: The Protected Species Survey revealed the presence of NO species listed by either the U.S. Fish & Wildlife Service (USFWS) or by the Florida Fish & Wildlife Conservation Commission (FFWCC). MITIGATION: t required. Sincerely, Boral Engineering & Design, Inc. Andres Boral, P.E. Florida License Number: 80373

7 etail by Entity Name 2 of 2 5/4/17, 9:23 PM Detail by Entity Name Florida Limited Liability Company SAMILE INVESTMENTS LLC Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status L /04/ /03/2015 FL ACTIVE Principal Address 4645 SE 11 PL 103 CAPE CORAL, FL Mailing Address 4645 SE 11 PL 103 CAPE CORAL, FL Registered Agent Name & Address S. LLANIO BUSINESS SERVICE INC 1325 SE 47 ST H CAPE CORAL, FL Authorized Person(s) Detail Name & Address Title MGR LOPEZ HENAO, ADRIANA 4645 SE 11 PL STE 103 CAPE CORAL, FL Annual Reports Report Year Filed Date /03/ /08/2017 Document Images 03/08/ ANNUAL REPORT View image in PDF format 03/03/ ANNUAL REPORT View image in PDF format 09/04/ Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations

Planning Division Staff Report 1913 NE 10 th Terrace PDP17-0003 Hearing Examiner January 9, 2018 OWNER: REPRESENTATIVE: REQUEST: ADDESS: STRAP: ZONING: FUTURE LAND USE: Samile Investments, LLC

11 Planning Division Staff Report 1913 NE 10 th Terrace PDP Hearing Examiner January 9, 2018 OWNER: REPRESENTATIVE: REQUEST: ADDESS: STRAP: ZONING: FUTURE LAND USE: Samile Investments, LLC Adriana Lopez Henao, Manager Patricia Gomez, and Andres Boral, Boral Engineering & Design PDP approval to allow a Manufacturing and Business Office building to be constructed on the site 1913 NE 10 th Terrace C Corridor (COR) Pine Island Road District (PIRD) PURPOSE This document provides a single, consolidated review for a Planned Development Project (PDP) entitled 1913 NE 10 th Terrace. Within this report the following topics are addressed: Description of the subject property; Previously granted entitlements, if any, associated with the project; Need for the PDP; Description of the proposed project; Analysis of applicant requests; Analysis of the project regarding general standards and requirements for PDPs Concurrency review; Consistency with the City Comprehensive Plan; Summary of the positive and negative aspects of the project; and, Project recommendation. DESCRIPTION OF THE SUBJECT PROPERTY The ±24,000-square foot parcel has frontage along NE 10 th Terrace and the Banjo Canal, and is northwest of Pine Island Road in the Corridor District (COR). This property is regular in shape and undeveloped. The property is Lot 11, Block 3546 at 1913 NE 10 th Terrace. Figure 1 - Aerial View of Site The site has a Future Land Use classification of Pine Island Road District (PIRD). Zoning and future land use classifications of surrounding properties is included in the Table 1, below.

Hearing Examiner January 9, 2018 PDP17-0003 Page 2 of 5 TABLE 1 Zoning Future Land Use (FLU) Subject Parcel Corridor (COR) Pine Island Road District (PIRD) Surrounding Zoning Surrounding FLU rth:

12 Hearing Examiner January 9, 2018 PDP Page 2 of 5 TABLE 1 Zoning Future Land Use (FLU) Subject Parcel Corridor (COR) Pine Island Road District (PIRD) Surrounding Zoning Surrounding FLU rth: Banjo Canal and Multi-Family (R-3) Banjo Canal and Multi-Family (MF) South: NE 10 th Terrace and Corridor (COR) NE 10 th Terrace and Pine Island Road District (PIRD) East: Corridor (COR) Pine Island Road District (PIRD) West: Corridor (COR) Pine Island Road District (PIRD) ENTITLEMENTS AND ZONING HISTORY OF THE SITE The property was zoned Corridor from P1W by Ordinance The Pine Island Road District Future Land Use was changed from Commercial Profession by Ordinance entitlements have previously been approved for the property. NEED FOR THE PDP Figure 2 - Future Land Use PIRD MF LUDR, Section B.4. requires nonresidential uses adjacent to Residential Future Land Use to develop through the Planned Development Project (PDP) process or, alternatively, to provide a Buffer E. A Buffer E requires a 40-foot wide landscaped berm or a 15-foot landscaped area with a wall. For this particular project, a Buffer E would be required along the north property line of the site to buffer the development from R-3 zoned sites across the Banjo Canal. The applicant has chosen to develop through the PDP process and proposes a 25-foot wide landscaped buffer along the north property line. Except for PDP approval, no other entitlements are requested for this project. DESCRIPTION OF THE PROPOSED PROJECT The Developer seeks to construct a ±10,500-square foot building for manufacturing and business office use. Office uses and several light manufacturing uses are allowed as permitted uses in the Corridor District. The site is adjacent to the Banjo Canal which separates Corridor sites on the south from residential sites on the north side of the fifty-foot wide canal. The building will face NE 10 th Terrace and no ingress or egress is planned from the rear of the structure. A 25-foot rear setback is required which will be landscaped and function as a water management area (see Figure 3).

Hearing Examiner January 9, 2018 PDP17-0003 Page 3 of 5 The development plan shows 21 parking spaces will in front of the building with access from NE 10 th Terrace.

13 Hearing Examiner January 9, 2018 PDP Page 3 of 5 The development plan shows 21 parking spaces will in front of the building with access from NE 10 th Terrace. Figure 3 - Proposed Landscape Plan SUMMARY OF APPLICANT REQUESTS The developer requests PDP approval to construct a building for manufacturing and business office uses. Adequate buffering and landscaping will be provided in the 25-foot rear setback to buffer this use from residents living on the north side of the Banjo Canal. GENERAL STANDARDS FOR PDPs This project was evaluated for compliance with general standards and requirements found in LUDR, Section 4.2.4, provided below: A. Environmental control standards: An environmental survey reported no listed species present on the site. As a result, this project complies with this standard. B. Maintenance of improvements: All landscaped areas and open space will be maintained in good condition for the life of the project. As a result, this project complies with this standard.

14 Hearing Examiner January 9, 2018 PDP Page 4 of 5 C. Consistency with Comprehensive Plan: This project is consistent with several policies in the Comprehensive Plan which are identified later in this report. D. Financial Responsibility: The applicant is not required to provide collateral regarding completion of landscaping. As a result, this project complies with this standard. E. Dimensional requirements: The project meets all setback requirements for the COR District. As a result, this project complies with this standard. F. Maximum density: This project does not involve residential units. As a result, this standard is not applicable. G. Minimum parcel size: The project is in the Urban Service Transition Area. Therefore, this standard is not applicable. H. Time limitation: Construction shall commence within two years from the date of project approval. As a result, this project complies with this standard. I. Ownership requirements: The applicant seeking the PDP owns the property. As a result, the project complies with this standard. J. Special Exceptions: Special Exceptions are being sought within the PDP. Therefore, this standard is not applicable. K. Deviations: Deviations are sought in this application. Therefore, this standard is not applicable. L. Underground Utilities: Utilities are available to each lot and will be underground. As a result, the project complies with this standard. CONCURRENCY REVIEW Adequate water, wastewater, and irrigation water are available to the site. Road capacity for this use is sufficient. CONSISTENCY WITH THE COMPREHENSIVE PLAN This project was specifically reviewed for consistency with the following policies: Future Land Use Element Policy Densities and intensities associated with future land use classifications. The Corridor Zoning is consistent with the Pine Island Road District Future Land Use of the parcel. The use sought by the applicant is a permitted use in the Corridor District. Policy Buffering for protecting existing residential land uses. Nineteen trees and over 75 shrubs are proposed along the Banjo Canal at the northern property line between the development and sites with a Multi-Family Future Land Use Classification.

15 Hearing Examiner January 9, 2018 PDP Page 5 of 5 Policy 8.3. Minimize impacts on residential uses. In addition to proposed landscaping along the northern property line there is no ingress and egress from the northern side of the structure. This will minimize noise and visual impacts to the residential uses on the north side of the canal. SUMMARY OF THE POSITIVE AND NEGATIVE ASPECTS OF THE PROJECT POSITIVE ASPECTS OF THE PROJECT The site will provide a landscaped buffer along the Banjo Canal. This area, along with the 50- foot width of the canal will provide a separation distance of about 75 feet between the nearest residential lots and this commercial use. Commercial activity will be limited to the front of the site, along NE 10 th Terrace as all access will be from this direction. Other nonresidential uses are established immediately east of the site. NEGATIVE ASPECTS OF THE PROJECT Lighting and noise have the potential to affect residents to the north. MITIGATING MEASURES Lighting levels along the north property line will be limited and lighting on the front will be shielded by the building. ingress or egress will occur on the north side of the property. PROJECT RECOMMENDATION Staff finds that this PDP complies with the City LUDRs and Comprehensive Plan. Staff recommends approval of the PDP subject to those conditions appearing in the order of this project. Staff Contact Information Kathy Eastley, AICP, Senior Planner PH: keastley@capecoral.net

CASE NUMBER: PDP17-0003 NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The developer requests PDP approval at 1913 NE 10 th Terrace to construct a building for manufacturing and business office uses.

LOCATION: 1913 NE 10 th Terrace CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, 239-242-3255, mstruve@capecoral.

16 CASE NUMBER: PDP NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The developer requests PDP approval at 1913 NE 10 th Terrace to construct a building for manufacturing and business office uses. Adequate landscaping will be provided in the 25-foot rear setback to buffer this use from residential uses on the north side of the Banjo Canal. LOCATION: 1913 NE 10 th Terrace CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, , mstruve@capecoral.net PROPERTY OWNER(S): Samile Investments, LLC AUTHORIZED REPRESENTATIVE: Andres Boral, PE UPCOMING PUBLIC HEARING: tice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 A.M. on Tuesday, March 6, 2018 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

com Customer: CITY OF CAPE CORAL_DEPT OF COM Ad.

17 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.: Address: 1015 CULTURAL PARK BLVD CAPE CORAL FL USA Net Amt: $ Run Times: 1. of Affidavits: 1 Run Dates: 02/24/18 Text of Ad:

20 NE 19TH PL NE 19TH AVE NE 12TH LN BAETZ CANAL SUBJECT PARCEL NE 11TH LN BANJO CANAL NE 10TH TER HIBISCUS DR CITY OF CAPE CORAL Department of Community Development Planning Division HIBISCUS DR Case. PDP Subject Parcel µ OCTOBER 31ST, 2017 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.

21 NE 19TH PL NE 19TH CT NE 12TH LN CITY OF CAPE CORAL Department of Community Development Planning Division NE 19TH AVE CURRENT ZONING MAP 500' Proximity Boundary BAETZ CANAL Case. PDP LEGEND NE 11TH LN BANJO CANAL HIBISCUS DR 500' Proximity Boundary Subject Parcel Zoning CORR R-1B RX NE 10TH TER SUBJECT PARCEL µ OCTOBER 31ST, 2017 Feet ' 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 occur. Please contact the Department of Community Development with any questions regarding this map product.

22 Owner_Name Mailing_Ad Mailing_Ci Maili Mailing_Zi DEBERGEYCK RENE HUERBEEK LUBBEEK BELGIUM PB&A MANAGEMENT AND DEVELOPMENT 4 INC 116 CHEPSTOW CLOSE LONDON ON N6G 3S2 CA AVILA FREDY MAURICIO CARRERA 36 #25C-15 BOTOGA CUNDINAMARCA COLOMBIA 10TH TERRACE INVESTORS LLC 203 EAST PITT ST STE 101 BEDFORD PA ABDO GEORGI B SW 246TH ST HOMESTEAD FL AMBRALLY CALVIN + RAMPERSAD ROHINI VILLA ROSA LOOP ESTERO FL ANZALONE AUGUST C L/E 1209 NE 19TH CT CAPE CORAL FL BACARES GUILLERMO + ELIZABETH ELIOT AVE MIDDLE VILLAGE NY BATISTA PABLO R 1202 NE 19TH AVE CAPE CORAL FL BATTISTA DONALD L + JANICE 1104 NE 19TH AV CAPE CORAL FL BODEN BLYTHE 1103 NE 18TH PL CAPE CORAL FL BRE DDR BR NORTHPOINT FL LLC 3300 ENTERPRISE PKWY BEACHWOOD OH CARBRIDGE CORPORATION NW 5TH CT HOLLYWOOD FL DALMASSO RAMON D + MARCELA F 8961 SW 49TH CT COOPER CITY FL DEHOYOS LIZBETH 1203 NE 19TH PL CAPE CORAL FL DRUENER RONALD KARL TR FOR DRUENER FAMILY TRUST 837 VISTA DEL SOL LN PANAMA CITY FL ERBELLA DOMINGO + MARIA 1822 NE 11TH LN CAPE CORAL FL ESSENTIA INVESTMENTS LLC 8 BLACK ELK RD SHARON MA FERNANDEZ HECTOR 1210 NE 19TH CT CAPE CORAL FL FOURNIER JANET SW 139TH CT MIAMI FL GERSTUNG TIMOTHY E + DEPKE ROLAND 113 ISLAND WAY #224 CLEARWATER BEACH FL GT LANDS INC 9199 SPRING MOUNTAIN WAY FORT MYERS FL HALPIN MICHAEL PO BOX HOUSTON TX INTERNATIONAL CAPITAL INVESTMENT COMPANY II 1336 BASSWOOD RD SCHAUMBURG IL INVERCIONES SANTAMARTA + HARRIS SW 33RD CT MIRAMAR FL JOTCAR INC 2110 PONDELLA RD CAPE CORAL FL KREKIC ZLATAN + BANOZIC MARIO 120 SE 21ST TER CAPE CORAL FL LEECO DEVELOPMENT LLC 845 S FIRST ST RONKONKOMA NY MILICICH JOHN DANIEL PO BOX 144 BREWERTON NY NATIONAL RETAIL PROPERTIES LP 450 S ORANGE AVE STE 900 ORLANDO FL NAUTILUS EQUITY GROUP LLC 5 NE 10TH TER STE 101 CAPE CORAL FL OH MY GOODNESS MANAGEMENT INVESTMENT CORP + PO BOX NORTH MIAMI FL ORIA HILARIO V + JUANITA S 4155 N HERMITAGE AVE CHICAGO IL PADULESE RICHARD JR 1200 REDBANK AVE THOROFARE NJ PALMA NORMA ROMERO 3625 N COUNTRY CLUB DR # 2510 AVENTURA FL PELAEZ LOPEZ MARIBEL 1205 NE 19TH CT CAPE CORAL FL PERSSON RALPH J + JANE C 11 FOX LN SHOREHAM NY REBILAS RICHARD R + CECILIA H 3401 TWO ROD RD EAST AURORA NY SAMILE INVESTMENTS LLC 4645 SE 11TH PL STE 103 CAPE CORAL FL SAUTERNES V LLC BISCAYNE BLVD STE 400 AVENTURA FL SGV FT MYERS REAL ESTATE LLC 74 E 79TH ST FL 8 NEW YORK NY VALENTINE DOMENIC J + MANSSON HEATHER J/T 3807 HIDDEN ACRES CIR N NORTH FORT MYERS FL WATKINS DONALD J 3455 E DANFORTH DR SALT LAKE CITY UT YARKONI MICHAL LLC 1906 NE 12TH LN CAPE CORAL FL 33909

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