[Q] 'cf --- OVERHEAD LINE. Revision: I{) I{) \A/EST 128.ICY. Arc 39:.33

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2 Reliable Land Surveying, Inc. LEGEN BOB CSP (DI Malling Address: P.O. Box 1589, Ft. Myers. FL 3392 Street Address: 131 Palm Beach Blvd.. Ft. Myers. FL 3395 DE EDFL Toll Free Fax: (888) Certificate of Phone: (239) Authorization No. LB 7373 FCH Notes: I) Parcel was surveyed from informotion supplied by the client or the clients ogent. 2) Easements os shown hereon ore f rem the recorded plot. Any other eosement (s) pertoining to the hereon described porcel rust be furnished to the surveyor by the client or the clients ogent per Florida Admin/strotive code 5J-17.52(2)(d)4. 3) This certificot/on is onfy for the parcel described. It is not o certlficot/on of title, zoning, easement, freedom of encumbrance, ownership, or rights-of-woys. Y) PorceT subject to easements, restrictions, reservotlons, ond rights-of-ways of record. 5) Abstract not reviewed. 6) Additions or deletions to survey mops or reports by other thon the signing porty or parties Is prohibited without the written consent of the signing party or porties. 7) The survey depleted hereon is not volid without the signature ond original roised seol of a Florida licensed surveyor and mopper. 8) Well locations, when shown, are approx/mote and based on field observed surface evidence, unless otherwise noted. 9) Septic and/or drain field locations, when shown, are approximate and based on surface evidence, subsurface probes, or a combination thereof. 1) Underground utilities, structures and/ or improvements other than those shown, if any, were not located. II) The survey depicted hereon moy not be comrunicated or relied on by any party to which ii has not been certified without the prior written consent of the signing party. = [Q] ~ 'cf - D WATER HETER STORM DRAIN UTILITY BOX / RISER LIGHT POLE POWER POLE FIRE HYDRANT WATER VAL VE FENCE LI NE CONCRETE --- OVERHEAD LINE BASIS or BEARINGS COVERED SCREENED PORCH PER DEED DRAINAGE EASEMENT ESTIMATED DRAIN FIELD LOCAT I ON FOUND CONCRETE MONUMENT FDH FOUND DRILL HOLE Ff FINISH FLOOR ELEVATION FIP FOUND IRON PIPE FIR FOUND IRON ROD FN&D FOUND NAIL & DISK fn FOUND NA IL FN&T FOUND NAIL & TAB Gr GARAGE FLOOR ELEVATION I INSIDE PROPERTY I CV IRRIGATION CONTROL VALVE LH[ LAKE HA I NTENANC[ EASEMENT (HI AS MEASURED DIS orrset ( p) PER PLAT PC POINT or CURVE PUE PUBLIC UTILITY EASEMENT SEP APPRO X/HAT[ LOCATION or SEPTIC TANK SIR SET 112" I RON ROD & CAP STAMPED "LB 7373" SN&D SET NAIL & DISK STAMPED "LB 7373" SWIR SET 112" I ROH ROD & CAP STAMPED "WIT.CCR. LB 7373" S/ W SEAWALL TBH TEMPORARY BENCH HARK TOB APPRO XIMATE TOP BANK TUE TECHNOLOGY UTILITY EASEMENT U[ UTILITY EASEMENT VG VALLEY GUTTER x OUTSIDE PROPERTY Certified To: Joseeh Miller and Heather Miller Title Prof essionols of Florido Old Republic Notional Title Insurance Company Pref erred Community Bonk Revision: Boundary Survey W..# Date: 7 FEB 217 DRAWN BY : DMD Parcel Description: Lots I and 2, Block 88, Unit 22, Cope Coral, a subd1v1s1on according to the mop or plot ther eof, on file and recorded 1n the Office of the Clerk of C1rcu1t Courts, lee County, Florido, at Plot Book IY, Pages I through 16, inclusive. c,i I{) I ASPHALT ROAD WIDTH VARIES.. "X". 6 I 'W. JO'S LOT I BLOCK 88 Y9.' t'. ~ :z:.i I. I I{) I{) t!l :z _J => CD >- oc,_ Cf) I{) I{) FIR 112" UNDER ROOT. 2 1 'W.32'N ANCHOR WI RE Y9. ' _LOT 2 _ BLOCK 88 \A/EST 128.ICY -~ , LOT 3 BLOCK I I 1 wrve I Delta Arqle 9 7"11" Rodi.Js 25. Arc 39:.33 Torqent 25.CO Crcrd 35:.39 Crcrd Beorrq s 4'-1"56'1CY'l n Keith David Clay Registered Surveyor & Mapper Certificate No yrght by Reliable Land Surveyir.:J, Ire. and Keith D. Cloy, Fort Myers, Fkx'ido, 2!7. Urcutrcrized use, ation, or re oclction of this survey mo and/()(' data thereon is sub t to crimrd and civi rosecutian.

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6 Planning Division Case Report SE17-11 Review Date: October 17, 217 Applicant/Owner: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Urban Service Area: Heather Miller Matthew Bechtel A Special Exception to operate a Yoga Studio (Personal Service- Group II Use) in the Professional Office (P-1) District. 122 SE 8 th Place Unit 22, Block 88, Lots 1 and 2 Justin Heller, Planner Mike Struve, AICP, Planning Team Coordinator Robert Pederson, AICP, Planning Manager Approval Infill Property Description and Background: The site is 1,112 square feet and is on the corner of SE 8th Place and Nicolas Parkway East. The property has P-1 Zoning and a CP (Commercial Professional) Future Land Use (FLU) classification. Adjacent properties on the block have the same Zoning and Future Land Use as the site. The site was developed in 24 as an office building. Surrounding uses include: a City Public Works building to the north across Nicolas Parkway; vacant land to the east across SE 8 th Place; a duplex to the south; and a medical office to the west. Plans submitted with this application show the interior of the building being remodeled for a Yoga Studio that includes men and women locker rooms. No modifications to the exterior of the building or the site are proposed. Analysis: The Planning Division reviewed this application based on the City Land Use and Development Regulations (LUDR), Section 2.7.9, and the five standards under LUDR, Section 8.8.5a-e for Special Exceptions and offers the following analysis for consideration: 1) Generally - The proposal shall comply with all requirements of the zoning districts in which the property is located, this ordinance, and all other applicable law.

7 Page 2 of 5 SE17-11 October 17, 217 The site has P-1 Zoning, which is consistent with the CP FLU classification. The Personal Service- Group II use is allowed as a Special Exception in the P-1 Zoning District. 2) Compatibility: The tract of land must be suitable for the type of special exception use proposed by virtue of its location, shape, topography and the nature of surrounding development. The existing building and parking spaces are suitable for the proposed use. A parking deviation was approved on October 4, 217. There is additional on street parking available next to the studio along Nicolas parkway. The proposed yoga studio is compatible with existing uses in the surrounding area, which are predominately commercial and professional uses. The use will generate few trips during non-peak business hours and should not generate additional noise. 3) Minimum Lot Frontage; Access: Minimum lot frontage on a street shall be sufficient to permit properly spaced and located access points designed to serve the type of special exception use proposed. Wider spacing between access points and intersecting street right-of-way lines should be required when the lot has more than the minimum required frontage on a street. The site has adequate frontage along Nicolas Parkway East and SE 16 th Place. The site has an existing driveway along SE 8 th Place. No new driveways to the site are proposed. 4) Building Location; Setbacks: All buildings shall be located an adequate distance from all property lines and street right-of-way lines. Greater building setback lines may be required when the lot has more than the minimum lot area required or when deemed necessary to protect surrounding properties. The existing building meets the minimum setback requirements for the P-1 District. No changes to the exterior of the building are proposed that would affect the existing setbacks. 5) Screening and Buffering: A continuous strip of properly maintained landscaped area should be provided along all property lines and along all streets serving the premises. Such continuous strip of properly maintained landscaped area may, however, be allowed to contain walkway(s) and driveway entrances. Comprehensive Plan The site has existing landscaping along the sides of the building and around the parking lot. The project is consistent with the following policies of the Future Land Use Element of the Comprehensive Plan: Policy 1.15c: The Professional Office (P-1) District is designed to provide professional office and other compatible development in areas that are suitable for such activities. The P-1 District is appropriate for development of both small-scale and largescale office or professional development projects, or projects containing uses compatible with such development. The intensity of development within this district is based upon the size (including width, depth and compactness) and location of the subject property, as well as on compatibility with adjacent future land use classifications and zoning districts. Policy 8.3: Commercial developments shall be designed to minimize negative impacts on surrounding residential uses and the land development regulations shall provide for adequate buffering between commercial and residential uses. Policy 8.4: The City shall encourage transitions from commercial uses to less intensive land uses

8 Page 3 of 5 SE17-11 October 17, 217 Policy 8.5: The City encourages the use of multi-family residential, compound buildings, professional offices, and parks as transitional uses between commercial development and low-density residential neighborhood. Recommendation: Planning staff finds that the Special Exception will not be contrary to public interest and will be in harmony with the general intent and purpose of the LUDR s. The Planning Division recommends approval of the Special Exception.

9 Exhibits: Page 4 of 5 SE17-11 October 17, 217 Aerial

10 Site Plan Page 5 of 5 SE17-11 October 17, 217

11 NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: SE17-11 REQUEST: A Special Exception to operate a Yoga Studio (Personal Service- Group II Use) in the Professional Office (P-1) District. LOCATION: 122 SE 8th Place CAPE CORAL STAFF CONTACT: Justin Heller, Planner, , jheller@capecoral.net PROPERTY OWNER(S): Heather Miller AUTHORIZED REPRESENTATIVE: Matthew Bechtel UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9: AM on Tuesday, November 7 th, 217 on the above mentioned case. The public hearing will be held in the City of Cape Coral Council Chambers, 115 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, 115 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 7:3 AM and 4:3 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 1527, 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, 115 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 1527 Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida planningquestions@capecoral.net

12 Customer: Address: CITY OF CAPE CORAL_DEPT OF COM 115 CULTURAL PARK BLVD CAPE CORAL FL 3399 USA Classified Ad Receipt (For Info Only - NOT A BILL) Ad No.: Net Amt: $ Run Times: 1 No. of Affidavits: 1 Run Dates: 1/28/17 Text of Ad:

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14 NICHOLAS PKWY E NICHOLAS PKWY E SUBJECT PARCEL CITY OF CAPE CORAL Department of Community Development Planning Division COUNTRY CLUB BLVD µ COUNTRY CLUB BLVD Subject Parcel SE 8TH PL SE 8TH AVE Case No. SE17-11 SEPTEMBER 5TH, 217 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.

15 5' PROXIMITY BOUNDARY SE 11TH ST CITY OF CAPE CORAL Department of Community Development Planning Division CURRENT ZONING MAP 5' Proximity Buffer Case No. SE17-11 LEGEND 5' Proximity Boundary Subject Parcel SUBJECT PARCEL Zoning C-1 NICHOLAS PKWY E P-1 NICHOLAS PKWY E R-1B R-3 ACADEMY BLVD SE 12TH TER ACADEMY BLVD SE 8TH AVE SE 8TH PL COUNTRY CLUB BLVD SE 13TH ST µ SEPTEMBER 5TH, 217 Feet 2 4 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.

16 Owner_Name Mailing_Ad Mailing_Ci Mail Mailing_Zi 1212 CCCC LLC 75 11TH ST S UNIT 22 NAPLES FL 3412 BARTER DONALD 351 DEL PRADO BLVD #1 CAPE CORAL FL 3394 BLUE WATER TRUST LLC 6677 OVERSEAS HWY MARATHON FL 335 CAPE CORAL MEDICAL BLDG LLC 21 BARKLEY CIR FORT MYERS FL 3397 CAPE TRUST INVESTMENTS LLC SW 124TH ST STE 19 MIAMI FL CAPE TRUST INVESTMENTS LLC SW 124 ST STE 17 MIAMI FL CENTRUM PLACE LLC SW 42ND ST #2 MIAMI FL EMPORIA STREET INVESTMENTS LLC 1345 KIPLING ST LAKEWOOD CO 8215 GREINER NICHOLAS WILLIAM 1218 SE 8TH AVE #1-2 CAPE CORAL FL 3399 HINDLE DONALD JR + JOANN 459 SE 2TH PL CAPE CORAL FL 3394 HIRSCHTER MARIA K TR FOR MARIA K HIRSCHTER LIVING TRUST 1413 SE 19TH TER CAPE CORAL FL 3399 HODGES FLOYD E TR FOR FLOYD E HODGES REVOCABLE TRUST 1321 SANDY KEY BEND # 3 NORTH FORT MYERS FL 3393 JOSEPH SCOTT HOLDINGS LLC 684 PORTO FINO CIR FORT MYERS FL KAKLIS CHRISTINA M TR + KAKLIS CONSTANTINE T TR FOR ELENI R KAKLIS REVOCABLE TRUST 49 WHITE CHAPPELL CT FORT MILL SC KUKOBA EDUARD 82 NEW WATERFORD DR #22 NAPLES FL 3414 LUTHRINGER MYRON O JR TR FOR MYRON O LUTHRINGER JR IRREVOCABLE TRUST 4897 CORNISH PKWY SYRACUSE NY MARIA K HIRSCHTER LIVING REV TRUST 1413 SE 19TH TER CAPE CORAL FL 3399 MILLER JOSEPH D & HEATHER H 2845 SW 51ST ST CAPE CORAL FL NEMEROVSKY DAWN + KOPKO SALLY ANN T/C 218 NW 24TH AVE CAPE CORAL FL NICHOLAS PLAZA LLC 178 BEACH PKWY APT 22 CAPE CORAL FL 3394 ORTHOPEDIC ASSOCIATES OF SOUTHWEST FLORIDA REAL ESTATE LLC METRO PKWY STE 4 FORT MYERS FL POOLE JOHN-CHESLEY W 126 SE 8TH PL SIDE A CAPE CORAL FL 3399 PRIMERA IGLESIA BAUTISTA HISPANA DE CAPE CORAL INC 431 SE 24TH ST CAPE CORAL FL 3399 QJR PROPERTIES CAPE CORAL LLC 691 S POINTE BLVD FORT MYERS FL SCHAUB KIRK 322 COUNTRY CLUB BLVD CAPE CORAL FL 3399 SMILEY ENTERPRISES INC DON SMILEY QUEEN PALM RUN NORTH FORT MYERS FL 3393 TCCK CORPORATION 2234 CAPE CORAL PKWY W CAPE CORAL FL TRIPPY JOSEPH + LINDA 5219 SKYLINE BLVD CAPE CORAL FL UNKNOWN HEIRS OF KUYPERS MARY ELIZABETH 121 SW 49TH TER CAPE CORAL FL VOLLRATH VIRGINIA TR + VOLLRATH VIOLETA TR FOR VIRGINIA VOLLRATH TRUST 1865 WHITECAP CIR NORTH FORT MYERS FL 3393 WAYSACK JAMES O JR 5111 N SOMERSET LN ALPHARETTA GA 34 WOLNIK FAMILY TRUST 182 E 9TH ST LEHIGH ACRES FL ZUMAN KENNETH P & HELENE I TR FOR KENNETH P + HELENE I ZUMAN TRUST 3116 ATTRIDGE LN CAPE CORAL FL 33993