The applicant is requesting a Special Exception in order to operate a model home use in the Multi Family Residential (R 3) District.

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Hubert Phelps
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1 Planning Division Case Report SE Review Date: April 11, 2016 Property Owner: Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Urban Service Area: Tundra Homes, Inc. Tundra Homes, Inc. David Gydosh, President, Tundra Homes, Inc. The applicant is requesting a Special Exception in order to operate a model home use in the Multi Family Residential (R 3) District. 627 Rose Garden Rd Unit 67 Block 3479A, Lots 2 4 STRAP: C A020 Justin Heller, Planner II Mike Struve, AICP, Planning Team Coordinator Amy Yearsley, AICP, Acting Planning Manager Approval with conditions Infill Site Visit: April 8 th, 2016 Property Description/Project Background: The subject parcel consists of three unimproved lots totaling 17,500± square feet. The property is located in southwestern Cape Coral along Rose Garden Road, a local street. The surrounding area consists of single family homes to the north and west, undeveloped lots to the west, multi family residences to the west/northwest, and Rotary Park to the south of the subject site. The parcel has a future land use classification of Multi Family (MF) and is zoned R 3. Adjacent properties to the east and west of the subject parcel also share the same future land use and zoning designations. Properties to the north have a future land use classification of Single Family (SF) and a Single Family Residential (R 1B) zoning designation. Immediately to the south of the subject parcel is a City owned parcel which has a Park and Recreation Facilities (PK) future land use classification and Agricultural (A) Zoning.

2 Page 2 of 5 SE April 11, 2016 The applicant requests a Special Exception to operate a model home in the R 3 District. The parking lot supporting the model home will be located in front of the model home and will contain five parking spaces. Driveway access to the parking lot is proposed from Rose Garden Road. Landscaping is proposed along the eastern and western sides of the parking lot. Analysis: The Planning Division has reviewed this application based on the City s Land Use and Development Regulations (LUDR), Section 2.7.2D, the R 3 District, and the five standards outlined within LUDR, Section 8.8.5a e which covers Special Exceptions, and offers the following analysis for consideration: 1) Generally: The subject parcel has R 3 Zoning and a MF Future Land Use Classification. Model home uses are allowed as a Special Exception within the R 3 District 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. The applicant is proposing to operate one model home and the subject site has about 17,500± square feet, thus the minimum land area criterion has been satisfied. 2) Compatibility: The subject block is split into northern and southern halves by a 20 foot wide platted alley. Parcels on the southern half of this block have a MF Future Land Use Classification and R 3 Zoning while properties on the northern side have a SF Future Land Use Classification and R 1B Zoning. The R 3 District has regulations associated with model home use concerning hours of operation, lighting, and prohibiting other real estate sales that will enhance and support the compatibility of the model home use with neighboring properties. Once the Special Exception expires in five years, the model home will be converted into a single family home which is an allowable use in the R 3 District. As all developed parcels within 2,000 feet of the subject property supports residential development, the majority of which are single family homes, staff finds this proposed use will be compatible with the surrounding area. 3) Minimum Lot Frontage; Access: The subject site has about 125 feet of frontage along Rose Garden Road. The site plan shows that driveway access to the parking lot will be from Rose Garden Road which is consistent with the City s LUDRs and Engineering and Design Standards. Model homes typically do not generate large numbers of trips, with the majority of these trips generated occurring during the daytime. Since model homes cannot open until 9:00 am, the hours of operation of this use should not conflict with weekday commuters traveling on Rose Garden Road. Due to the anticipated small number of trips generated by this use, and the timing of the trips, staff finds that the proposed access should not have a detrimental effect on the neighborhood.

3 Page 3 of 5 SE April 11, ) Building Location; Setbacks: The proposed model home meets or exceeds the established setbacks for the R 3 District (35 feet: front, 30 feet: side, 25 feet: rear) 5) Screening and Buffering: The site plan shows a row of shrubs along the east and west side of the proposed parking lot. Staff recommends that additional rows of shrubs be planted along the north and south sides of the parking lot. Analysis of the requirements per LUDR, Section 2.7.2D.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 subject property is collectively comprised of three lots that contain an area of about 17,500 square feet, thus the minimum land area criterion that applies in this case has been satisfied. 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 set back area shall contain at least a five foot landscaped buffer to the adjoining rear and side property lines. The site plan provided by the applicant shows that the proposed parking lot meets the minimum setbacks established from the side and rear property lines. c. No parking directly to the rear of the model home site(s) on one building site. Parking to support this use will be located in front of the model home. d. Parking: five paved spaces on site for the first model home site, three additional paved spaces for each additional model home site. The proposed parking lot will contain five parking stalls. e. Vehicle parking entrance to the model home site shall be from the street which faces 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 proposed from Rose Garden Road. f. Time limit: five years maximum unless conforms to all provisions of this ordinance. This Special Exception will be limited to a period of five years beginning with the date of approval by the Board of Zoning Adjustment and Appeals unless the applicant later applies for and is granted an extension to this 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.

4 Page 4 of 5 SE April 11, 2016 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. Security lighting does not appear to be present as part of this development. 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. Informational Model Home Signage: Model home signage is governed by Section A model home is allowed one free standing sign that is 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, which is a maximum of five years. 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. Recommendation: The Planning Division recommends approval of the request for a special exception with the following conditions: 1. No right of way shall be used as a staging area for construction activities. This condition shall include prohibiting both the storage of construction materials and equipment, as well as prohibiting the parking of any vehicles and equipment being utilized for the construction of the model home use. 2. No parking spaces shall be utilized for temporary or permanent storage purposes of any kind. 3. The entire perimeter of the proposed parking lot shall be screened with a continuous hedge, consisting of shrubs spaced no greater than three feet on center. The prescribed hedge shall be installed at a minimum height of 32 inches and be in at least a seven gallon container and maintained at a minimum height of 42 inches. Public Notification This case will be publicly noticed as required by LUDR, Section as further described below. Publication: A legal ad will be prepared and sent to the New Press announcing the intent of the applicant to construct and operate a model home use as described within this report. The ad will appear in the

5 Page 5 of 5 SE April 11, 2016 News Press a minimum of 10 days prior to the public hearing scheduled before the Board of Zoning Adjustment and Appeals. Written notice: Property owners located within 500 feet from the property line of the subject property will receive written notification of the scheduled public hearing. These letters will be mailed to the aforementioned parties a minimum of 10 days prior to the public hearing scheduled before the Board of Zoning Adjustment and Appeals. Posting of a Sign: A sign will posted on the subject property a minimum of 10 days prior to the public hearing scheduled before the Board of Zoning Adjustment and Appeals.

7 NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt RESOLUTION SE ; A RESOLUTION PURSUANT TO THE CUT OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.8, SPECIAL EXCEPTIONS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION IN ORDER TO CONSTRUCT AND OPERATE A MODEL HOME SITE USE IN A MULTIFAMILY RESIDENTIAL (R- 3) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 2 THROUGH 4, BLOCK 3479A, CAPE CORAL UNIT 67; PROPERTY' IS LOCATED AT 627 ROSE GARDEN ROAD; PROVIDING AN EFFECTIVE DATE. FURTHER that an application has been received from TUNDRA HOMES, INC. FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency on Wednesday, May 4th, 2016 at 9:00 A.M. in the Council Chambers at City Hall. FURTHER any person may appear at the public hearings and be heard, subject to proper rules of conduct. Written comments fi led with the Director will be entered into the record. The hearings may be continued from time to time as necessary. FURTHER any person deciding to appeal any decision made at these hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. FURTHER in accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should contact the City Clerk s office which 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. In accordance with Section , Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk at least 48 hours prior to the meeting. FURTHER You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Please reference the case number below within your correspondence and mail to: Department of Community Development, Planning Division, P. O. Box , Cape Coral, FL ; or comdev@ capecoral.net. For further information, please call Justin Heller at or at jheller@ capecoral.net. by order of Rebecca van Deutekom, MMC City Clerk REF # SE Sunday, April 24, 2016 PROOF O.K. BY: O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY SUBMIT CORRECTIONS ONLINE ADVERTISER: CITY OF CAPE CORAL_DEPT PROOF CREATED AT: 4/19/2016 2:37 PM SALES PERSON: Legal Display PROOF DUE: - NEXT RUN DATE: 04/24/16 PUBLICATION: NP-CAPE SUN PRESS SIZE: 1 col X 10 in NP INDD

8 SE RESOLUTION SE A RESOLUTION PURSUANT TO THE CUT OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.8, SPECIAL EXCEPTIONS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION IN ORDER TO CONSTRUCT AND OPERATE A MODEL HOME SITE USE IN A MULTI- FAMILY RESIDENTIAL (R-3) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 2 THROUGH 4, BLOCK 3479A, CAPE CORAL UNIT 67; PROPERTY' IS LOCATED AT 627 ROSE GARDEN ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, an application by TUNDRA HOMES, INC., has been submitted and reviewed by the Planning and Zoning Commission, the City ofcape Coral, and has been presented to the City ofcape Coral Board ofzoning Adjustment and Appeals at a Public Hearing for Special Exception. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF CAPE CORAL, FLORIDA: Section 1. That the City of Cape Coral Board of Zoning Adjustment and Appeals having specifically considered the recommendations of the City of Cape Coral Planning and Zoning Commission, Local Planning Agency, the City of Cape Coral Planning Division, and the presentation made at the Public Hearing, the criteria set forth in the City of Cape Coral Land Use and Development Regulations, Article VIII, Administration, Section 8.3, Public Hearings, and Section 8.8, Special Exceptions, the City ofcape Coral Comprehensive Plan and the application materials submitted with Application SE , the Board of Zoning Adjustment and Appeals hereby grants the below-described real property ASPECIAL EXCEPTION IN ORDER TOCONSTRUCT AND OPERATE AMODEL HOME SITE USE IN A MULTI-FAMILY RESIDENTIAL (R-3) ZONE on the below-described property: LEGAL DESCRIPTION: LOTS 2 THROUGH 4, BLOCK 3479 A, CAPE CORAL UNIT 67, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 64, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA. PROPERTY LOCATED AT: 627 ROSE GARDEN ROAD Section 2. This Resolution shall expire five (5) years from die effective date. Section 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF CAPE CORAL AT ITS REGULAR SESSION THIS DAY OF, DANIEL READ, CHAIRMAN BOARD OF ZONING ADJUSTMENT AND APPEALS ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM CITY CLERK APPROVED AS TO FORM: BRIANX BARTOS ASSISTANT CITY ATTORNEY SE

210 280 Feet 500' Proximity Boundary This map is not a survey and should not be used in place of a survey.

14 CITY OF CAPE CORAL Department of Community Development Planning Division CITRUS CANAL ZONING MAP 500 Proximity Boundary Case No. SE Lot: 2-4 Legend SW 57TH ST Subject Parcel SW 7TH CT CELLINI CANAL SW 6TH CT Subject Parcels 500' Boundaryl Zoning A PRES- Regulated by FLU R1B R3 ROSE GARDEN RD µ APRIL 12, 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. SRB

15 Owner_Name Mailing_Ad Mailing_Ci MaMailing_Zi FAIRHOMES IMPERIAL TOPAZ PROPER 139 MAIN ST # 203 UNIONVILLE ONL3R 2G6;CA BERGMANN ARND GRAF-LEHNDORFF-STRASSE MUNCHEN GERMANY STEBA DEVELOPMENT CORP WEICHSELGARTENSTR 10A MUENCHEN GERMANY 300S JOHN LLC 671 BARRINGTON RD IOWA CITY IA SW 57 LLC 5304 SANDY TRAIL CT PLANO TX AGYBE LLC 5708 SW 10TH AVE CAPE CORAL FL BLAISDELL JOHN + KATHLEEN 5797 SW 7TH CT CAPE CORAL FL BRAUN BORIS 531 SW 57TH ST CAPE CORAL FL BROMMEL STEPHEN + RHONDA 615 ROSE GARDEN RD # 8 CAPE CORAL FL CHARPENTIER COLETTE + DITTRICH BE 607 SW 57TH ST CAPE CORAL FL CITY OF CAPE CORAL PO BOX CAPE CORAL FL CONTER MARK A NORTHSTONE DR HUNTERSVILLE NC DANAH WAY CONDO 615 ROSE GARDEN RD APT 9 CAPE CORAL FL FARINA ANTHONY J TR FOR FARINA FA631 SW 57TH ST CAPE CORAL FL FERRAIOLA RICHARD + FERRAIOLA DIA615 ROSE GARDEN RD # 1 CAPE CORAL FL FLORIDA GOLD INVESTMENT CORP 4645 SE 11TH PL STE 103 CAPE CORAL FL FRITZ ALBERT G JR + JEANETTE D 602 SW 57TH ST CAPE CORAL FL FULMER LORRAINE L 1705 BEACH PKWY #105 CAPE CORAL FL GILLIS JAY D 5788 SW 6TH CT CAPE CORAL FL GRASSO GARY D + MARIAN 615 ROSE GARDEN RD #9 CAPE CORAL FL GRIFFORE EDWARD M + LAURA P RD AVE N MAPLE GROVE MN55311 GUARINO PATRINA A 5751 SW 9TH CT CAPE CORAL FL HAGUE JEFFREY K + RUTH A 6954 PRINCEVILLE CT BLACKLICK OH HAUSER GINGER M 3173 FJELSTAD LN MC FARLAND WI KERNA JEFFREY A 615 ROSE GARDEN RD #2 CAPE CORAL FL KOCH JUERGEN + ANDREA + KURTZ M 1811 SW 46TH TER CAPE CORAL FL KOTSI RICHARD W + DARLENE W 628 SW 57TH ST CAPE CORAL FL LAGRANGE DIANNE 606 SW 57TH ST CAPE CORAL FL LEECO DEVELOPMENT LLC 845 S FIRST ST RONKONKOMA NY LEIS KATHLEEN M 615 ROSE GARDEN RD # 3 CAPE CORAL FL LIVACZ STANLEY TR + LIVACZ IRENE TR 5799 SW 7TH CT CAPE CORAL FL MURRAY KAREN P TR FOR KAREN P M 615 SW 57TH ST CAPE CORAL FL NIEGO DEBRA 619 SW 57TH ST CAPE CORAL FL PINEDA HERNAN + GOMEZ ALBA P H/W631 ROSE GARDEN RD CAPE CORAL FL ROLLAND MARTIN + SHIRLEY J 5795 SW 7TH CT CAPE CORAL FL SIKORA JOSEPH W + JAYNE E 603 SW 57TH ST CAPE CORAL FL STOECKER GARY L + RHONDA R 5716 HYLAND COURTS DRIVE MINNEAPOLIS MN55437 THAL SONNY TR + BONDER SHARON TR1029 FOUNDERS RIDGE LN MC LEAN VA TONELL BETTY-LOU + TONELL DALE E J 624 SW 57TH ST CAPE CORAL FL WELLS DOUGLAS + DONNA M 618 SW 57TH ST CAPE CORAL FL WESTON THOMAS E + DONNA JEAN 615 ROSE GARDEN #6 CAPE CORAL FL ZAMOR JANINE S TR FOR BUSSY J ZAM5794 SW 6TH CT CAPE CORAL FL ZEMEL MORTON TR + ZEMEL HERBERT5401 COLLINS AVE APT 1419 MIAMI BEACH FL 33140

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