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6 Planning Division Case Report SE Review Date: March 14, 2017 Property Owner: Cape Investments Overseas Corporation, Inc. Owner Address: Freigutstr 24, PO Box Zurich, Switzerland Applicant: Authorized Rep. Request: Location: Prepared By: Reviewed By: Recommendation: Urban Service Area: Right of Way Access: Creighton Construction and Management, LLC Ensite, Inc. The applicant requests a Special Exception for an Automotive Service Station Limited with Convenience Store Use in the Village District SW Pine Island Road Strap Number: C Coral Shores Subdivision, Unit 54, Block 3915, Lot 2 Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Robert H. Pederson, AICP, Planning Manager Approval with conditions Transition The site has frontage on SW Pine Island Road. Direct access to the site is from an internal street serving the Coral Shores Subdivision. Site Visit: December 22, 2016 Site Description: The 1.53-acre site is about 600 feet east of the intersection of Burnt Store Road and Pine Island Road. The site consists of Lot 2 of the Coral Shores Subdivision. The site has a Pine Island Road District Future Land Use Classification and Village Zoning. Properties to the north, east, and west in the Coral Shores Subdivision share the same Future Land Use and Zoning designations. Properties to the immediate south are in unincorporated Lee County. Except for landscaping along the south property line, the site is unimproved. The parcel to the immediate north is a shopping center with a grocery store. Outparcel #1 to the east has a fast-food restaurant. Parcels to the west and south are undeveloped.

7 SE March 14, 2017 Page 2 Project Description: The Developer seeks a 3,013-sq. ft. convenience store with fuel pumps (classified as an Automotive Service Station Limited with Convenience Store) on the northern side of this site. A detached fuel canopy will be parallel with Pine Island Road in front of the store. The fuel island will have eight fuel dispenser stations allowing up to 16 vehicles to refuel at the same time. The site has indirect access from Pine Island Road, Burnt Store Road, and SW 31 st Place through the Coral Shores Shopping Center. Two driveways to the site within the subdivision are proposed. The City defines an Automotive Service Station, Limited Use as an establishment primarily engaged in the retail sale of motor fuel and lubricants, but which may also include facilities for washing, waxing, detailing, polishing, greasing, tire repair (no recapping or vulcanizing) and other minor incidental repairs. Zoning History of the Site Ordinance approved a project entitled Publix at Coral Shores. This Ordinance approved a commercial subdivision on a 38.6-acre site at 3015 SW Pine Island Road. This Planned Development Project (PDP) also approved: A rezone of the site from Pedestrian Commercial to Village. A deviation to the landscaping regulations. Ordinance amended Ordinance and eliminated a requirement for a PDP amendment before a development could be approved for Outparcels #1-#6 and Lots #1-#3. The amended language, while requiring a TIS prior to site development, eliminated the PDP requirement. Analysis: Staff reviewed this application based on the Land Use and Development Regulations (LUDR), Section , the Village District, and the five standards in Section 8.8.5a-e for Special Exceptions, and provides the following analysis. 1. Generally The Village Zoning consistent with the Pine Island Road Future Land Use. Automotive Service Station, Limited with Convenience Store Uses are allowed as a Special Exception in the Village District. The Village District does not have an area requirement for this use. The area and shape of this site is suitable for a gas station based on the recent history of permitting similar establishments in the City.

8 SE March 14, 2017 Page 3 2. Compatibility The site is surrounded by commercial properties in Coral Shores Subdivision to the north, east, and west. Properties in unincorporated Lee County are to the south. The nearest residential use is about 400 feet to the south. The site is part of a commercial subdivision that includes a shopping center. While background illumination exists, lighting should be shielded and directed away from property lines to minimize light trespass from the site. Illumination levels at gas stations can be minimized through the placement and design of the fuel canopy. Staff recommends conditions for reducing unnecessary lighting and minimizing light trespass from the site. Noise from gas stations has the potential to disrupt nearby residents. However, background levels of noise exist because of the businesses in the Coral Shores Shopping Center and the location of this site on Pine Island Road, one of the most heavily traveled streets in the City. No discernable impacts to residents are expected because of the ±400- foot distance between the use and the nearest residential property. A TIS for this project estimated that 216 P.M. peak hour trips will be generated. Not all peak hour trips will constitute new trips to the roadway as some convenience stores with fuel frequently capture trips from traffic passing the site. Thus, for a substantial percentage of the estimated trips, trips to the development will be a secondary part of a linked trip, such as from work to home. The TIS showed that 44% of the trips will constitute new external trips, with the remaining 56% constituting pass-by traffic. The widening of Pine Island Road between Chiquita Boulevard and Burnt Store Road in 2014 ensures roadway capacity for this use. 3. Minimum Lot Frontage; Access The site has over 270 feet of frontage on Pine Island Road. Access is from subdivision roads, which connect to Pine Island Road, Burnt Store Road, and SW 31 st Place. The site will have two driveways on the east and west sides. A third driveway ending near the southwest corner of the site will provide a functional cross-connection with Lot #3 at the time of its development. The development plan shows a 3,013-sq. ft. convenience store with 18 parking spaces. Based on the use and building area, 16 spaces are required. 4. Building Location; Setbacks The convenience store and the fuel canopy island comply with the Village setback requirements. All parking spaces are setback over 25 feet from the front property line as required.

9 SE March 14, 2017 Page 4 5. Screening and Buffering The landscaping plan generally shows planting around the perimeter of the site as required for Special Exceptions, except for two areas described in greater detail below. Perimeter landscaping around the Coral Shores development was installed coinciding with construction of the Publix Grocery Store. As a result, landscaping exists along the southern property line of the site although several trees are missing. Staff recommends that black olive trees are planted to replace trees previously lost to provide a continuous buffer along this property line. This recommendation is consistent with a landscaping condition in Ordinance The landscaping plan shows a second landscaping gap along the eastern property line, beginning north of the walkway connecting the site to Lot 1. Staff recommends several trees be installed along this property line to provide an uninterrupted buffer along the eastern side of the site. Consistency with the Comprehensive Plan: This use is consistent with several policies of the Future Land Use and Transporation Elements, as described in Exhibit A. Recommendation: This request is consistent with the Comprehensive Plan and the five standards for evaluating Special Exceptions. This project also complies with those conditions established in Ordinances and Staff recommends approval with the following conditions. 1. Vehicle services provided at the site shall be limited to the standard convenience store services of fuel, vaccum, water, and air. 2. To minimize light trespass on surrounding properties and to reduce glare from on-site lighting, lighting levels along the southern property line shall not exceed 0.2 foot-candles. The Developer shall submit a lighting plan demonstrating compliance with this requirement prior to site plan approval for the project. 3. Lighting trespass and glare shall be limited to a reasonable level using shielding and directional lighting methods. All free-standing lights on the site shall be aimed downward and away from the property lines. 4. Light fixtures mounted under the canopy shall be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface of the canopy.

10 SE March 14, 2017 Page 5 5. Lights shall not be amounted on the exterior sides or face of the fuel canopy and the sides of the canopy shall not be illuminated. 6. Any vending machines, automated teller machines (ATMs), or similar equipment or display items shall be inside the store. 7. The outdoor storage of products and materials is prohibited. This provision, however, shall not apply ice freezers that are used solely to store ice. 8. A row of shrubs and black olive trees shall be installed along the south property line. Shrubs shall be installed three feet on center and have a minimum height of 28 inches and a sevengallon container. Black olive trees shall be installed 20 feet on center and shall have a minimum caliper of four inches. Existing shrubs and trees may be utilized to comply with this requirement. 9. A row of canopy trees shall be installed along the east property line beginning north of the proposed sidewalk and extending to the southern end of the dry detention area. The canopy trees shall be installed 20 feet on center and shall have a minimum caliper of four inches. Bald cypress and slash pines are prohibited for this area. 10. All landscaping on the site shall be maintained in good condition throughout the life of the project. Dead or removed shrubs and trees shall be replaced in accordance with LUDR, Section 5.2. Staff Contact Information Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Planning Division PH: mstruve@capecoral.net

CASE NUMBER: SE16-0015 NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The applicant, Creighton Construction and Management, LLC, requests a Special Exception for an Automotive Service Station Limited

LOCATION: 3201 SW Pine Island Road CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, 239-242-3255, mstruve@capecoral.

11 CASE NUMBER: SE NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The applicant, Creighton Construction and Management, LLC, requests a Special Exception for an Automotive Service Station Limited with Convenience Store Use in the Village District on property described as Lot 2, Block 3915, Unit 54, Coral Shores Subdivision; Cape Coral, Florida; property located at 3201 SW Pine Island Road. LOCATION: 3201 SW Pine Island Road CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, , mstruve@capecoral.net PROPERTY OWNER(S): Cape Investments Overseas Corporation, Inc. AUTHORIZED REPRESENTATIVE: Ensite, Inc. UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 A.M. on Tuesday, April 4, 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 five 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: Address: CITY OF CAPE CORAL_DEPT OF COM 1015 CULTURAL PARK BLVD CAPE CORAL FL

12 Please contact us with changes or cancellations as soon as possible, otherwise no further action needed. TOLL-FREE Local # FNPLegals@gannett.com Customer: Address: CITY OF CAPE CORAL_DEPT OF COM 1015 CULTURAL PARK BLVD CAPE CORAL FL USA Ad No.: Net Amt: $ Run Times: 1 No. of Affidavits: 1 Run Dates: 04/08/17 Text of Ad:

13 Subject Parcel CITY OF CAPE CORAL Department of Community Development Case # SE Subject Parcel µ Map Date: March 20, 2017 Aerial Date: 2016 LITTLE QUAIL LN SW PINE ISLA ND RD 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.

14 CITY OF CAPE CORAL Department of Community Development Planning Division ZONING MAP 500 Proximity Boundary Case No. SE Block 3915 Lot TR Legend Subject Parcel Subject Parcel 500' Boundary CORR CPO VILL Canals/Lakes SW PINE ISLAND RD LITTLE QUAIL LN ROYAL TEE CIR 500' Proximity Boundary µ March 21, 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. KRKA

15 Owner_Name OwnerCareO Mailing_Ad Mailing_Ci MaMailing_Zi CAPE INVESTMENTS OVERSEAS INC DIETHELM BAUMANN FREIGUTSTR 24 PO BOX ZURICH SWITZERLAN AJS OIL + FOOD CO INC 2920 E COMMERCIAL BLVD FORT LAUDERDALE FL MCDONALDS USA LLC ONE MCDONALDS PLAZA OAK BROOK IL PUBLIX SUPER MARKETS INC PO BOX LAKELAND FL STATE OF FL DOT PO BOX 1249 BARTOW FL 33831

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