Unit 28 Block 1910, Lots 79 & 80, LLC

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1 Planning Division Case Report SE Review Date: December 4, 2015 Property Owners: Unit 28 Block, Lots 77 & 78, LLC Unit 28 Block, Lots 79 & 80, LLC Applicant: Authorized Representative: Request: Location: Aranda Homes Joe Mazurkiewicz, BJM Consulting, Inc. The applicant is requesting a Special Exception in order to operate a model home use in the Single Family Residential (R-1B) District. 711 and 715 Trafalgar Parkway Block, Unit 28, Lots STRAPS: C and C Prepared By: Reviewed By: Approved By: Recommendation: Urban Service Area: Megan Polk, Planner I Mike Struve, AICP, Planning Team Coordinator Derek C.S. Burr, AICP, Planning Manager Approval with conditions Transition Site Visit: November 30, 2015 Property Description/Project Background: The subject site consists of two parcels that have a combined total of 20,000± square feet. Lots 79 and 80 are currently being developed with a single-family home while Lots 77 and 78 are unimproved. These properties are located in northwestern Cape Coral along Trafalgar Parkway, a minor arterial. Driveway access to Lots 79 and 80 is from Trafalgar Parkway; Lots 77 and 78 lack driveway access at this time. The surrounding area consists of single-family homes, undeveloped lots, and Challenger Middle School located directly to the south of the subject site. The subject parcels have a future land use classification of Single-Family (SF) and are zoned R-1B. Properties north, east and west of the subject parcels also share the same future land use classification and zoning designation. Immediately to the south of the

2 Page 2 of 5 SE December 4, 2015 subject parcels the school property has a Public Facilities (PF) future land use classification and a Professional Office (P-1) zoning designation. The applicant requests a Special Exception to operate a model home. Construction of a single-family home is underway on Lots 79 and 80, and this building will be utilized as a model home should this special exception use be approved by the Board of Zoning Adjustment and Appeals. The parking lot supporting the model home will be located on Lots 77 and 78 and will contain five parking spaces. Driveway access to the parking lot is proposed from Trafalgar Parkway. Landscaping will be provided along the northern, southern, and eastern 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 2.7.1, the R-1B 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 parcels have R-1B zoning and a SF future land use classification. Model home uses are allowed as a Special Exception within the R-1B 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 approximately 20,000 square feet, thus the minimum land area criterion has been satisfied. 2) Compatibility: All parcels within the subject block have a SF future land use classification and R-1B zoning. In the past, in an effort to address the City s deficiency in commercial lands, the City has changed the land use of blocks located along major streets from a residential to a commercial or mixed-use designation. However, given that slightly over 50% of the parcels within this block are improved, the likelihood of such a land use change in the future appears remote. As a result, this block is anticipated to remain residential in the future and the conversion of the model home to a residential use should be a smooth transition. The R-1B District has regulations concerning hours of operation, lighting, and prohibiting real estate sales associated with this use that will enhance and support the compatibility of the model home use with neighboring properties. 3) Minimum Lot Frontage; Access: The subject site has about 160 feet of frontage along Trafalgar Parkway.The site plan indicates that driveway access to the parking lot is proposed from Trafalgar Parkway that 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 occurring during the daytime. Since model homes cannot open until 9:00 am, the hours of operation of this use should not conflict with school-related traffic occurring during

3 Page 3 of 5 SE December 4, 2015 weekday mornings. Due to the small number of trips that are anticipated and the timing of the trips, staff finds that the proposed access should not have a detrimental effect on the neighborhood. 4) Building Location; Setbacks: The proposed model home meets or exceeds the established setbacks for the R-1B District (25 feet: front, 7.5 feet: side, 20 feet: rear) 5) Screening and Buffering: The applicant proposes installing a row of shrubs around the periphery of the model home and the northern, southern, and eastern perimeter of the parking lot. Staff recommends that an additional row of shrubs be planted along the western side of the parking lot. Analysis of the requirements per LUDR, Section D.1a-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 two lots that contain an area of approximately 20,000 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 exceeds 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 to the east 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 (5) 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 Trafalgar Parkway. 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.

4 Page 4 of 5 SE December 4, 2015 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. 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 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.

5 Page 5 of 5 SE December 4, 2015 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 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.

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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 CITY OF CAPE C O R A L L A N D U S E A N D DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.8, SPECIAL EXCEPTIONS, AND THE CITY OF COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION IN ORDER TO OPERATE A MODEL HOME SITE USE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 77 THROUGH 80,BLOCK, UNIT 28; PROPERTY IS LOCATED AT 711 AND 715 TRAFALGAR PARKWAY; PROVIDING AN EFFECTIVE DATE. FURTHER that an application has been received from ARANDA HOMES. FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency sitting as the Board of Zoning Adjustment and Appeals on January 6 th, 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 filed 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 ensure 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, p e r s o n s n e e d i n g s p e c i a l 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 disabili ties 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 n umber b elow w i t hi n yo ur correspondence and mail to: Depa rtment of Community Development, Planning Division, P. O. Box , Cape Coral, ; o r e m a i l comdev@capecoral.net. For further information, please call Megan Polk at or at mpolk@capecoral.net. by order of Rebecca van Deutekom, MMC City Clerk REF # SE Sunday, December 27 th, 2015

8 SE RESOLUTION SE A RESOLUTION PURSUANT TO THE CITY OF LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.8, SPECIAL EXCEPTIONS, AND THE CITY OF COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION IN ORDER TO OPERATE A MODEL HOME SITE USE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 77 THROUGH 80, BLOCK, UNIT 28; PROPERTY IS LOCATED AT 711 AND 715 TRAFALGAR PARKWAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, an application by ARANDA HOMES has been submitted and reviewed by the Planningand Zoning Commission, the City of Cape Coral,and has been presented to the City of Cape Coral Board of Zoning 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, ORIDA: Section 1. That the City ofcape Coral Board ofzoning 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 A SPECIAL EXCEPTION IN ORDER TO OPERATE A MODEL HOME SITE USE IN A SINGLE-FAMILY RESIDENTLVL (R-1B) ZONE on the below-described property: LEGAL DESCRIPTION: LOTS 77 THROUGH 80, BLOCK, UNIT 28, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 102, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, ORIDA. PROPERTY LOCATED AT: 711 AND 715 TRAFALGAR PARKWAY Section 2. This Resolution shall expire five (5) years from the 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 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: BRIAN R. BARTOS ASSISTANT CITY ATTORNEY SE /8/15

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11 SW 15TH ST SW 6TH PL CITY OF Department of Community Development Planning Division SKYLINE BLVD SHELBURNE CANAL ZONING MAP 500 Proximity Boundary Subject Parcels Case No. SE Lot: SW 15TH TER SW 7TH CT SW 15TH TER Legend Zoning 500 Ft Boundary SubjectParcels C1 INST MR TRAFALGAR PKWY TRAFALGAR PKWY 500' Proximity Boundary R1B µ SKYLINE BLVD SW 6TH PL December 8, 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. SRB

12 500 FT BOUNDARY PROPERTY OWNERS -Lots 7980 LLC / Lots 7778 LLC- SE Owner Strap Block/Lot C Owner Information ARBRI EILEEN SW 15TH TER Zoning U 716 SW 15TH TER R1B SF C BLR VENTURES INC SW 59TH TER 1515 SKYLINE BLVD MR CAC C BMC ASSOCIATES INC 50% INT + PO BOX SW 7TH CT MR CAC C BOMBA JUERGEN IM GETTELHAGEN 702 SW 15TH ST R1BW SF C BRAUNSCHWEIG BRUNNER JOAN B PO BOX TRAFALGAR PKWY R1B SF SPARKS NV C CALANTONI PLACIDO + MARIA 288 BROWNS DR 1516 SW 7TH CT MR CAC EASTON PA C CARTAGENA LAUREN E 627 SW 15TH TER 627 SW 15TH TER R1BW SF C CITY OF PO BOX SW 7TH CT R1BW SF/PK C COELLRO RICARDO SUGARBERR 628 SW 15TH TER R1B SF BOCA RATON C DEVEGNEE MICHAEL P + SHANNON 712 SW 15TH TER 712 SW 15TH TER R1B SF C ENGSTROM LOIS M 1219 GREEN CT 1507 SKYLINE BLVD DEKALB IL Tuesday, December 08, 2015 Page 1 of 4

13 Owner Strap Block/Lot C Owner Information ETCHER RICHARD W + MARIE P 624 SW 15TH TER Zoning U 624 SW 15TH TER R1B SF C FREEMAN MARY ROBERTS 1960 HARTS MILL R 631 TRAFALGAR PKWY R1B SF CHAMBLEE GA C GALPERIN ANATOLY + LIOUDMILA MARCO RD 623 SW 15TH TER R1BW SF ELKINS PARK PA C GROFF MICHAEL 6728 WILLOW LAK 1510 SW 7TH CT MR CAC FORT MYERS C HALL JOSEPH S + JANET K 6777 HALL RD 617 TRAFALGAR PKWY R1B SF BUCKHANNON WV C HEBEL SUZANNE R 632 SW 15TH TER 632 SW 15TH TER R1B SF C HENKE HEINRICH B + MARIA 4929 SW 26TH PL 714 SW 15TH ST R1BW SF C HENKE HEINRICH B + MARIA 4929 SW 26TH PL 710 SW 15TH ST R1BW SF C JASAN MICHAEL R EDGEWATE MARTINSON ISLAND PRIOR LAKE MN SW 15TH TER R1B SF C LAD INLET ROAD LLC 505 CHESOPEIAN T 1511 SKYLINE BLVD MR CAC VIRGINIA BEACH VA C TR LEE COUNTY DIST SCHOOL BOARD 2855 COLONIAL BL 624 SW TRAFALGAR PKWY INST PF FORT MYERS C TR LEE COUNTY DIST SCHOOL BOARD 2855 COLONIAL BL 711 SW 18TH ST INST PF FORT MYERS Tuesday, December 08, 2015 Page 2 of 4

14 Owner Strap Block/Lot C Owner Information MARIBONA MIREYA TR 3508 SW 2ND ST Zoning U 708 SW 15TH TER R1B SF C MARITIME PROPERTIES INC DEL PRADO B 1525 SKYLINE BLVD MR CAC C A MARITIME PROPERTIES INC DEL PRADO B 1524 SW 7TH CT MR CAC C MARONDA HOMES INC US HIGHWA 1504 SW 7TH CT MR CAC GIBSONTON C MILAN DMI LLC 1591 HAYLEY LN # 620 SW 15TH TER R1B SF FORT MYERS C MOSQUERA HERNAN O 2916 N MONTELAR 703 TRAFALGAR PKWY R1B SF CHICAGO IL C ORTIZ STEVE NW 84TH PL 707 SW 15TH TER R1BW SF HIALEAH C PERUNKO PAULINE A 1828 BEAVER RD 621 TRAFALGAR PKWY R1B SF AMBRIDGE PA C RAEMY HERVE + NATHALIE 31 BLVD HELVETIQ 631 SW 15TH TER R1BW SF C GENEVA RAY ALLYSON 57 FORESIDE RD 626 SW 15TH ST R1BW SF CUMBERLAND FORESIDE ME C RYA-DEPIE INC 6101 PELICAN BAY 630 SW 15TH ST R1BW SF NAPLES C SALLY BURROUGHS DEVELOPMENT 189 CAL-VERNON 719 TRAFALGAR PKWY R1B SF CALEDONIA MS Tuesday, December 08, 2015 Page 3 of 4

15 Owner Strap Block/Lot C Owner Information SHAKE PAT C + COLLEEN R 241 E HARVARD AV Zoning U 619 SW 15TH TER R1BW SF ANCHORAGE AK C TARPON IV LLC BISCAYNE B 703 SW 15TH TER R1BW SF AVENTURA C TINSLEY MARIE 616 SW 15TH TER 616 SW 15TH TER R1B SF C TORTORA COLETTE SW 15TH TER 720 SW 15TH TER R1B SF C UNIT 28 BLOCK 711 TRAFALGAR PKWY R1B SF 798 S FEDERAL H BOCA RATON C UNIT 28 BLOCK 798 S FEDERAL H 707 TRAFALGAR PKWY R1B SF BOCA RATON C UNIT 28 BLOCK 798 S FEDERAL H 715 TRAFALGAR PKWY R1B SF BOCA RATON C UP TO ME LLC 2221 E PRINCETON 706 SW 15TH ST R1BW SF EAU CLAIRE WI Tuesday, December 08, 2015 Page 4 of 4