Tarpon Point Amendment PDP (PDP )

Transcription

1 Tarpon Point Amendment PDP (PDP -00) Planning Division Final Project Staff Report Prepared by Chad Boyko, AICP, Planner II Reviewed by Mike Struve, AICP Planning Team Coordinator Approved by Derek C.S. Burr, AICP Planning Manager January, PURPOSE The purpose of this document is to provide a single, consolidated review from the Planning Division concerning the Tarpon Point Planned Development Project (PDP) Amendment. Within this report the following topics are addressed: Description of the subject property; Description, analysis, and staff recommendation associated with applicant request; and, PROJECT REQUEST AND SUMMARY The applicant, Freeman & Hasselwander Resort Properties, LLC seeks approval of a PDP entitled "Tarpon Point Amendment." The applicant seeks to amend a condition regarding road paving that was approved under Ordinance -0 as described below. DESCRIPTION OF SUBJECT PROPERTY The project area comprises approximately.0 acres and consists of several developed and undeveloped tracts in a mixed-use project known as Tarpon Point. Tarpon Point is located in the southwestern portion of Cape Coral at the end of Rose Garden Drive. Tarpon Point was originally approved by the Ordinance -0. This PDP approved the construction of multi-family units, single-family units,,000 sq. ft. of retail/office space, 00 restaurant seats and hotel rooms. To date, 330 multi-family units and a hotel with the hotel rooms have been constructed while the single-family tracts have been platted. Also included in the PDP is the Tarpon Point Marina that was originally developed as a Development of Regional Impact (DRI). However that DRI has been rescinded by the Cape City Council and is no longer in effect. A total of.0 acres of marina area are controlled by the state of Florida, however the applicant has entered into a Submerged Lands Lease with the state allowing the applicant to operate the marina.

2 PDP-00 January, Page The Tarpon Point PDP has. acres with a Future Land Use designation of Mixed-Use (MX) and 3. acres with a Future Land Use designation of Natural Resources/Preservation (PRES). There are. acres zoned Pedestrian Commercial (C-),.03 acres zoned Multi-Family Residential (R-3),. acres zoned Residential Development (RD) and 3. acres zoned Preservation (PRES). REQUEST: ANALYSIS AND STAFF RECOMMENDATION Condition Amendment The applicant requests to amend a condition originally imposed within Ordinance -0. Findings of Fact The applicant requests to amend a condition that was approved in Ordinance -0 that stated the following: The Developer shall maintain Pelican Boulevard in good condition until such time that the overlay and necessary surface and structural repairs described herein have been complete. The Developer shall overlay Pelican Boulevard from El Dorado Parkway West to Cape Coral Parkway West, including all side street radii, with Type - asphalt not less than one-inch in thickness and re-stripe (with paint and beads} said area as a four-lane roadway. It is understood that surface and structural repairs according to City specifications will be performed as needed in order to preserve the integrity of the roadway surface. The overlay and structural repairs shall be complete at the same time by December 3,, but should not be completed prior to January,, unless required by the City Transportation staff based on safety concerns. The new condition would state the following - changes to the original language above have been underlined for clarity. The Developer shall maintain Pelican Boulevard in good condition until such time that the overlay and necessary surface and structural repairs described herein have been complete. The Developer shall overlay Pelican Boulevard from El Dorado Parkway West to Cape Coral Parkway West, including all side street radii, with Type - asphalt not less than one-inch in thickness and re-stripe (with paint and beads) said area as a four-lane roadway. It is understood that surface and structural repairs according to City specifications will be performed as needed in order to preserve the integrity of the roadway surface. The overlay and structural repairs shall be complete at the same time by December 3,, but should not be completed prior to January,, unless required by the City Transportation staff based on safety concerns. The original condition was placed to ensure that after the buildout of the Tarpon Point development, the developer would re-pave Pelican Boulevard to ensure that any damage caused by the construction of the development would be repaired by the developer and not the City. The applicant requests the amendment of this condition because several tracts within Tarpon Point have not been developed. When these tracts are developed in the future, there will be construction traffic that could degrade this road that is currently in good condition. The developer states that re-paving

3 PDP-00 January, Page 3 Pelican Boulevard at this time would not be beneficial to the City until such point that major construction work has been completed. Therefore, the applicant proposes to extend the final date of re-paving to December 3, when all construction is anticipated to be completed. Analysis Planning staff agrees with the applicant's request to amend the existing paving condition found in Ordinance -0. Re-paving Pelican Boulevard in its current condition would not be ideal. The roadway is still in good condition and further deterioration is likely to occur as the remaining undeveloped Tarpon Point tracts are developed in the future. The existing paving condition contains language that is unaffected by this amendment that allows for minor repairs to be made by the developer on an asneeded basis. No other conditions or requirements of the Tarpon Point PDP will be affected by the requested amendment. Staff finds that amending the condition regarding re-paving is a benefit to the City and recommends approval of the applicant's request. PROJECT RECOMMENDATION Staff finds that this PDP described within this report, is consistent with the City's land use regulations and Comprehensive Plan. Staff supports all requests made by the applicant and recommends approval of this PDP subject to the conditions contained within the development order of this project.

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5 NOTICE OF 3 PUBLIC HEARING NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt ORDINANCE -; AN ORDINANCE AMENDING ORDI- NANCE -0, AS AMENDED, WHICH APPROVED A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "TARPON POINT" FOR CERTAIN PROPERTY DESCRIBED AS A REPLAT OF A PORTION OF UNIT, CAPE CORAL, TARPON POINT ACCORDING TO PLAT BOOK 3, PAGES THROUGH, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SITUATED IN SECTION, TOWNSHIP SOUTH, RANGE 3 EAST, CITY OF CAPE CORAL, LEE COUNTY, FLORIDA, AS MORE PAR- TICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT SILVERKING BOULEVARD, BLACK MARLIN LANE, AND TARPON ESTATES BOULEVARD; GRANTING THE REVISION OF A CONDITION THAT REQUIRED THE REPAVING OF PELICAN BOULEVARD BY DECEMBER 3,, TO A DATE NO LATER THAN DECEMBER 3, ; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. FURTHER that an application has been received from Freeman & Hasselwander Resort Properties, LLC. FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency on February th, at :00 A.M. in the Council Chambers at City Hall. FURTHER that said request will be reviewed by the Cape Coral City Council on March th, at :30 P.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 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, Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. 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 00, Cape Coral, FL 33-00; or comdev@capecoral.net. For further information, please call Chad Boyko at or at cboyko@capecoral.net. by order of Rebecca van Deutekom, MMC City Clerk REF # PDP-00 Sunday, January th, Sunday, February nd,

6 PDP -00 ORDINANCE - AN ORDINANCE AMENDING ORDINANCE -0, AS AMENDED, WHICH APPROVED A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "TARPON POINT" FOR CERTAIN PROPERTY DESCRIBED AS A REPLAT OF A PORTION OF UNIT, CAPE CORAL, TARPON POINT ACCORDING TO PLAT BOOK 3, PAGES THROUGH, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SITUATED IN SECTION, TOWNSHIP SOUTH, RANGE 3 EAST, CITY OF CAPE CORAL, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT SILVERKING BOULEVARD, BLACK MARLIN LANE, AND TARPON ESTATES BOULEVARD; GRANTING THE REVISION OF A CONDITION THAT REQUIRED THE REPAVING OF PELICAN BOULEVARD BY DECEMBER 3,, TO A DATE NO LATER THAN DECEMBER 3, ; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the "Tarpon Point" Planned Development Project was approved by the City Council of the City ofcape Coral by Ordinance -0, as amended by Ordinance -0, Ordinance -0, and Ordinance -; and WHEREAS, an application has been received from Freeman & Hasselwander Resort Properties, LLC, requesting amendment of a portion of a Planned Development Project for "Tarpon Point" requesting removal ofa condition regarding the repaving ofpelican Boulevard; and WHEREAS, said application received is by parties holding title to ownership of one hundred percent (0%) of the property included in the requested amendment; and WHEREAS, the request has been reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency. NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS PURSUANT TO THE LAWS OF FLORIDA, AND OTHER APPLICABLE LAWS, THIS ORDINANCE: SECTION I. PDP APPROVAL. Having reviewed the application requesting approval of a Planned Development Project Amendment for "Tarpon Point", requesting removal ofa condition that requires repaving ofpelican Boulevard by a date no later than December 3,, in order to allow the repaving of Pelican Boulevard to be completed by a date no later than December 3, ; and having considered the recommendations of the Planning and Zoning Commission and the Local Planning Agency, the City Council ofthe City ofcape Coral, Florida, does hereby grant the aforesaid PDP approval. Approval ofthe PDP shall be subject to the terms and conditions set forth below. SECTION II. FINDING OF FACT/CONCLUSION OF LAW A. The "Tarpon Point" development is a Mixed Use Planned Development Project (PDP). The development consists ofmixed use subdivisions with five () multi-family Village tracts (Villages "A", "B", "D", "E", and "F"), forty-seven () single-family residential building sites, private road and common area tracts (Village "C"), two () commercial tracts (Marina Villages and ), and two () conservation area tracts (Wedand Areas and ) and common area tracts for ingress and egress, drainage, buffers and miscellaneous uses. Ordinance - included a condition that required the applicant to overlay Pelican Boulevard from El Dorado Parkway West to Cape Coral Parkway West, by a date no later than December 3,. The applicant requests to modify this condition by requiring the work to be completed no later than December 3,. No other conditions of the project would be affected by this Development Order.

7 B. The name of the legal and equitable owner is the Freeman & Hasselwander Resort Properties, LLC. C. The legal description of the property subject to the extant PDP Development Order is as described in attached Exhibit "A". D. The "Tarpon Point" PDP subject parcel has.± acres zoned Pedestrian Commercial (C- ),.03± acres zoned Multi-Family Residential (R-3),.± acres zoned Residential Development (RD) and 3.± acres zoned Preservation (PRES) pursuant to the authority of Chapter, Florida Statutes, and the Land Use and Development Regulations, Cape Coral, Florida, as same may hereafter be amended. The subject property has approximately.± acres with a Future Land Use designation of Mixed-Use (MX) and 3.± acres with a Future Land Use designation ofnatural Resources/Preservation (PRES). E. All existing and future structures and uses, population density, building intensity, and building height shall conform to the respective provisions of the Pedestrian Commercial (C- ), Multi-Family Residential (R-3), and the Residential Development (RD) zoning districts of the Land Use and Development Regulations, Cape Coral, Florida, as same may hereafter be amended. In addition, the development shall obtain all local development permits from the City of Cape Coral, Florida, and other governmental jurisdictions. Failure of this agreement to address a particular permit, condition, term, restriction, or zoning regulation shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, restrictions, or zoning regulations. F. The proposed development does not unreasonably interfere with the achievement of the objectives ofthe adopted State Land Development Plan applicable to the area. G. The "Tarpon Point" PDP, as noted, is consistent with the adopted City of Cape Coral Comprehensive Plan, and the City of Cape Coral Land Use and Development Regulations. K. All provisions and conditions contained in Ordinance -0 as amended by Ordinance - 0, Ordinance -0, and Ordinance - shall remain in full force and effect, except as otherwise stated in this Development Order H. The term Developer for purposes of this development order shall mean and refer to Freeman & Hasselwander Resort Properties, LLC, its successors in interest, lessees, and/or assigns. SECTION III. ACTION ON REQUEST AND CONDITIONS OF APPROVAL NOW, THEREFORE, be it ordained by the City Council of Cape Coral, Florida,in public meeting duly advertised, constituted and assembled, that the Planned Development Project application for development approval submitted by Freeman & Hasselwander Resort Properties, LLC, is hereby approved, subject to the following conditions, restrictions, and limitations deemed necessary for the public health, safety, and welfare. A. TRANSPORTATION The Developer shall maintain Pelican Boulevard in good condition until such time that the overlay and necessary surface and structural repairs described herein have been completed. The Developer shall overlay Pelican Boulevard from El Dorado Parkway West to Cape Coral Parkway West, including all side street radii, with Type S-III asphalt not less than oneinch in thickness and re-stripe (with paint and beads) said area as a four-lane roadway. It is understood that surface and structural repairs according to City specifications will be performed as needed in order to preserve the integrity of the roadway surface. The overlay and structural repairs shall be completed at the same time by December 3,, but should not be completed prior to January,, unless required by the City Transportation staff based on safety concerns. SECTION IV. LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT ORDER, AND ADMINISTRATIVE REQUIREMENTS

8 A. This Development Order shall constitute an ordinance of the City of Cape Coral, adopted by this Council in response to the Planned Development Project Application filed for the "Tarpon Point" PDP. B. This Development Order shall be binding on the Developer. Those portions of this Development Order which clearly apply only to the project Developer, shall not be construed to be binding upon future owners of the project lots. It shall be binding upon any builder/developer who acquires any tract of land within the PDP. C. The terms and conditions set out in this document constitute a basis upon which the Developer and City may rely in future actions necessary to implement fully the final development contemplated by this Development Order. D. All conditions, restrictions, stipulations, and safeguards contained in this Development Order may be enforced by either party hereto by action at law or equity, and all costs ofsuch proceedings, including reasonable attorney's fees, shall be paid by the defaulting party. E. Any references herein to any governmental agency shall be construed to mean to include any future instrumentality which may be created and designated as successor in interest to or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order. F. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all applicable local or state review and permitting procedures, except where otherwise specifically provided. Such approval shall also not obviate the duty of the Developer to comply with any City Ordinance or other regulations adopted after the effective date of this Development Order. G. Subsequent requests for local development permits shall not require further review, unless it is found by the City Council, after due notice and hearing, that one or more substantial deviation(s), or other changes to the approved development plans which create a reasonable likelihood of adverse impacts which were not evaluated in the review by the City have occurred. Substantial deviations include but are not limited to:. Any change which requires a variance to code and above those specifically incorporated herein.. An increase of more than five () percent in density, parking requirements, trip generation rates, water or sewer usage, or building square footage. 3. An expiration of the period of effectiveness of this Development Order as herein provided.. If development order conditions and applicant commitments incorporated within the Development Order to mitigate impacts are not carried out as indicated to the extent or in accordance with the Development Order, then this shall be presumed to be a substantial deviation from the Development Order. Upon a finding that any of the above is present, the City Council may order a termination of all development activity until such time as a new PDP Application for Development Approval has been submitted, reviewed and approved, and all local approvals have been obtained. H. The physical development authorized under this Development Order shall terminate by December th,, unless an extension is approved by this Council. The Council may grant an extension if the project has been developing substantially in conformance with the original plans and approved conditions, and if no substantial adverse impacts not known to Cape Coral at the time of their review and approval, or arising due to the extension, have been identified. For purposes ofdetermining when the buildout date has been exceeded, the time shall be tolled during the pendency of administrative and judicial proceedings relating to development permits. All conditions imposed on the subject development shall remain in full force and effect throughout the life of the development unless rescinded or amended by the City and shall not be affected by any termination of the authorization for physical development.

9 I. The Director of die Cape Coral Department of Community Development or his/her designee, shall be the local official responsible for assuring compliance with this Development Order. Upon reasonable notice by the City and at all reasonable times, the Developer shall allow the City of Cape Coral, its agents, employees, and/or representatives, access to the project site for the purpose of assuring compliance with this Development Order. J. The Developer, or its successors in tide to the undeveloped portion of the subject property, shall submit a report annually to the Cape Coral City Council, the Director, and all affected permit agencies. This report shall describe the state of development and compliance as of the date of submission. The first monitoring report shall be submitted to the Director not later than one () year from the effective date of this order, and further reports shall be submitted not later than annually thereafter. The Developer shall so inform any successor in tide to any undeveloped portion of the real property covered by this Development Order. This shall not be construed to require reporting from tenants or owners of individual lots or units. Annual Monitoring Reports including Traffic Monitoring Reports shall be required until such time as die project is complete, at which time, a final development report shall be submitted to the City. K. Within thirty (30) days of adoption of this Ordinance, tiiis Development Order shall be recorded in die Office of the Clerk of the Circuit Court by the Developer or Authorized Representative, who shall thereafter return the original recorded Development Order to the City. SECTION V. SEVERABILITY. In die event that any portion or section of this Ordinance is determined to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections ofthis Ordinance which shall remain in full force and effect. SECTION VI. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the Cape Coral City Council. Permits issued prior to or after the effective date of this Ordinance are obtained solely at the risk of the Developer. ADOPTED BY THE COUNCIL OF THE CUT OF CAPE CORAL AT ITS REGULAR SESSION THIS DAY OF,. VOTE OF MAYOR AND COUNCILMEMBERS MARNI L. SAWICKI, MAYOR SAWICKI BURCH CARIOSCIA NESTA LEON ERBRICK WILLIAMS DONNELL ATTESTED TO AND FILED IN MY OFFICE THIS. DAY OF REBECCA VAN DEUTEKOM CITY CLERK BRIAN R. BARTOS ASSISTANT CITY ATTORNEY ord/pdp -00 Tarpon Point 0//

10 TARPON POINT LEGAL DESCRIPTION: A REPLAT OF A PORTION OF UNIT, CAPE CORAL, TAPRON POINT ACCORDING TO PLAT BOOK 3, PAGES THROUGH, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SITUATED IN SECTION, TOWNSHIP SOUTH, RANGE 3 EAST, CITY OF CAPE CORAL, LEE COUNTY, FLORIDA. TRACTS,, 3,,,,, AND, CAPE CORAL UNIT, TARPON POINT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGES THROUGH OF THE PUBLIC RECORDS OF LEE COUNTY, CITY OF CAPE CORAL, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT OF SAID CAPE CORAL UNIT, BEING ALSO THE SOUTHWEST CORNER OF LOT, BLOCK 33 OF CAPE CORAL UNIT ACCORDING TO PLAT BOOK, PAGES THROUGH, AND A POINT ON THE EAST RIGHT OF WAY LINE OF CASABA (0 FOOT RIGHT OF WAY); THENCE RUN N 3''E ALONG THE NORTH LINE OF SAID CAPE CORAL UNIT, BEING ALSO THE SOUTH LINE OF SAID CAPE CORAL UNIT, FOR FEET TO THE SOUTHEAST CORNER OF LOT OF SAID BLOCK 33 AND THE SOUTHWEST CORNER OF ROSE GARDEN ROAD RIGHT OF WAY; THENCE CONTINUE RUNNING N 3'"E ALONG SAID NORTH LINE OF SAID CAPE CORAL UNIT, BEING ALSO THE SOUTH LINE OF SAID ROSE GARDEN ROAD RIGHT OF WAY, FOR 0.00 FEET; THENCE RUN ALONG THE LINE COMMON TO SAID CAPE CORAL UNIT AND SAID ROSE GARDEN ROAD RIGHT OF WAY FOR THE FOLLOWING FOUR COURSES: NOO^'IS'-W FOR 3. FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, THEN RUN ALONG SAID CURVE HAVING A RADIUS OF 0.00 FEET AND A CENTRAL ANGLE OF 3'" (CHORD=N ',,E,. FEET) FOR. FEET TO THE POINT OF TANGENCY, THEN RUN S3 '"E FOR. FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, THEN RUN ALONG SAID CURVE HAVING A RADIUS OF 0.00 FEET AND A CENTRAL ANGLE OF 0"SS^" (CHORD=N0,"E, 3. FEET) FOR.0 FEET TO THE NORTHEASTERLY CORNER OF SAID TRACT OF SAID CAPE CORAL UNIT, BEING ALSO THE NORTHWESTERLY CORNER OF TRACT (CITY PARK) OF SAID CAPE CORAL UNIT ; THENCE RUN SOH03"IO"W ALONG THE LINE COMMON TO SAID TRACT AND SAID TRACT FOR.0 FEET TO AN INTERSECTION WITH THE MEAN HIGH WATER LINE AS DETERMINED BY THE WILSON MILLER SURVEY DATED --0; THENCE RUN ALONG SAID MEAN HIGH WATER LINE THE FOLLOWING FIVE COURSES: S 0''W FOR 30.3 FEET, S,'W FOR.00 FEET, S '0"W FOR. FEET, S 3'"W FOR 30.3 FEET, S '03"W, FOR 3. FEET TO A POINT ON THE EAST END OF AN EXISTING SEAWALL, THENCE RUN ALONG SAID EXISTING SEAWALL THE FOLLOWING TEN COURSES: N '0,,W FOR.33 FEET, S<0'"W FOR 3. FEET, S<W0"W FOR.30 FEET, S '"W FOR. FEET TO THE NON-TANGENT POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, THEN RUN ALONG SAID CURVE HAVING A RADIUS OF.0 FEET AND A CENTRAL ANGLE OF 'M" (CHORD=N3,"W,. FEET) FOR. FEET TO A POINT, THEN RUN N3 '"E FOR 0. FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, THEN RUN ALONG SAID CURVE HAVING A RADIUS OF 3. FEET AND A CENTRAL ANGLE OF '" (CHORD=N '3"W,. FEET) FOR. FEET TO A POINT, THEN RUN N 3'0"W FOR. FEET, N,33BW FOR. FEET, N3 3,"W FOR.0 FEET TO THE NORTHWESTERLY END OF SAID SEAWALL; THENCE RESUME RUNNING ALONG SAID MEAN HIGH WATER LINE FOR THE FOLLOWING SEVENTEEN COURSES: NOS^^E FOR. FEET, N3 '"E FOR. FEET, N '03"E FOR. FEET, MO^'ICE FOR 0. FEET, N '30"E FOR 3. FEET, NM^^'E FOR.0 FEET, N30 '"W FOR.0 FEET, N 3,00"W FOR. FEET, S 0,0"W FOR. FEET, Sie'SOWW FOR. FEET, S0 '"W FOR. FEET, NB-nSIT-W FOR 0.0 FEET, S3 0'0rW FOR. FEET, S0o'3"W FOR. FEET, S r3"e FOR. FEET, S IffOS-W FOR. FEET, S 3'"E FOR.0 FEET TO A POINT ON THE NORTHEASTERLY END OF AN EXISTING SEAWALL; THENCE RUN ALONG SAID SEAWALL S 3'"W FOR. FEET TO THE SOUTHWESTERLY END OF SAID SEAWALL; THENCE RESUME RUNNING ALONG SAID MEAN HIGH WATER LINE THE FOLLOWING TEN COURSES: N,"W FOR 3. FEET, N3«0'"W FOR. FEET, N,"W FOR 3.3 FEET, S0,"W FOR. FEET, S 3'3"W FOR. FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, THEN RUN ALONG SAID CURVE HAVING A RADIUS OF. FEET AND A CENTRAL ANGLE OF o0'" (CHORD=S<fl,"E,. FEET) FOR. FEET TO A POINT, THEN RUN N 0'"E FOR. FEET, N '"E FOR. FEET, NeS^'IS'^ FOR 3. FEET, S3 3'"E FOR. FEET TO A POINT ON THE NORTHERLY END OF AN EXISTING SEAWALL; THENCE RUN ALONG SAID EXISTING SEAWALL THE FOLLOWING TWENTY SIX COURSES: S0 '"W FOR. FEET, Exhibit "A"

11 SOT^^-E FOR.3 FEET, S TO'^-E FOR. FEET, S '"E FOR. FEET, S,3"E FOR. FEET, NW30"E FOR.0 FEET, N0 '3"E FOR 3. FEET, NOS^O^'E FOR 0. FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, THEN RUN ALONG SAID CURVE HAVING A RADIUS OF 3. FEET AND A CENTRAL ANGLE OF," (CHORD=NW"E,. FEET) FOR. FEET TO A POINT, THEN RUN N 3,"E FOR. FEET, N 3'03"E FOR 0. FEET. N33 '"E FOR 0.0 FEET, MO^^E FOR 0.0 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST. THEN RUN ALONG SAID CURVE HAVING A RADIUS OF. FEET AND A CENTRAL ANGLE OF '" (CHORD= S '0I,E,. FEET) FOR 3. FEET TO A POINT, THEN RUN S0,3"E FOR. FEET, S 3'3"E FOR. FEET, SW3"E FOR. FEET, S^^^'E FOR. FEET, S0W"W FOR 3.0 FEET, N 3'0"W FOR. FEET, N 0'"W FOR 0. FEET, NW"W FOR 0. FEET, N '"W FOR.3 FEET, S 33'"W FOR.3 FEET, S 3'"W FOR 0. FEET, S,"W FOR. FEET TO A POINT ON THE WEST END OF SAID EXISTING SEAWALL; THENCE RESUME RUNNING ALONG SAID MEAN HIGH WATER LINE THE FOLLOWING TWENTY-THREE COURSES: S<O,0"W FOR. FEET, S,"W FOR. FEET, S '"W FOR.0 FEET, N '"W FOR. FEET, N '"W FOR. FEET, N '"W FOR. FEET, N0,BW FOR. FEET, N,"W FOR 0.3 FEET, M 0Q"W FOR.0 FEET, N 3,"E FOR. FEET, N0,3"W FOR 3.3 FEET, NOS^WE FOR 3. FEET, N0 33'3"W FOR. FEET, N03 3'ME FOR 0. FEET, N03 '"W FOR.0 FEET, N0 ',,E FOR 3.0 FEET, N0 3'0"W FOR.3 FEET, N '3"W FOR. FEET, N0 '3"E FOR. FEET, N0«0,"W FOR.0 FEET, NTD'"E FOR 0. FEET, N3T)3'"W FOR.0 FEET, N '"E FOR 3. FEET TO THE WESTERLY END OF AN EXISTING SEAWALL; THENCE RUN ALONG SAID SEAWALL THE FOLLOWING FIVE COURSES: N 3*"E FOR 3. FEET, N '"E FOR 0.0 FEET, S '33"E FOR 33. FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, THEN RUN ALONG SAID CURVE HAVING A RADIUS OF 0.00 FEET AND A CENTRAL ANGLE OF 0 3,0" (CHORD=N '0"E,.0 FEET) FOR.03 FEET TO THE POINT OF TANGENCY, THEN RUN N00 'nw FOR 3.3 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS,0,03 SQUARE FEET (.0 ACRES), MORE OR LESS. Together with: SUBMERGED LAND LEGAL O.R. BOOK 3, PAGE A PARCEL OF SUBMERGED LAND LOCATED IN SECTION, TOWNSHIP SOUTH, RANGE 3 EAST, LEE COUNTY, FLORIDA, AS RECORDED IN O.R. BOOK 3, PAGE OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE PLAITED P.R.M. AT LOT, BLOCK 33A, CAPE CORAL UNIT, ACCORDING TO PLAT BOOK, PAGE OF THE PUBLIC RECORD OF LEE COUNTY, FLORIDA RUN S0 '3"E,. FEET TO A DRILL HOLE IN AN EXISTING SEA WALL AND THE POINT OF BEGINNING, SAID POINT OF BEGINNING ALSO BEING A POINT OF CUSP AT THE BEGINNING OF AN UNEQUAL RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID SEAWALL AND ALONG THE ARC OF SAID CURVE.3 FEET THROUGH A CENTRAL ANGLE OF "lew, (CHORD BEARING N,0"W, CHORD. FEET) TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID SEA WALL THE FOLLOWING THIRTEEN COURSES: S300,"W, 0.0 FEET; S33 '"W, 0.0 FEET; S 3,03"W, 0. FEET; S 3,"W,. FEET; TO THE BEGINNING OF AN UNEQUAL RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE.0 FEET THROUGH A CENTRAL ANGLE OF '03", (CHORD BEARING SW"W, CHORD. FEET) TO A POINT OF TANGENCY; THENCE SOS'SO^'W, 0. FEET; S00,3"W, 3. FEET; ST)'30"W,.0 FEET; N,3"W,. FEET; N,"W,. FEET; NIITO'^-W,. FEET; N0,"W,.3 FEET; N0 '"E,. FEET TO THE END OF SAID PORTIO OF SEAWALL; THENCE N 3,3"E, 3. FEET TO THE BEGINNING OF AN EXISTING SEAWALL; THENCE N 3'"E,. FEET TO ITS TERMINUS; THENCE N 0,"E, 3.00 FEET TO THE BEGINNING OF AN EXISTING SEAWALL; THENCE ALONG SAID SEAWALL THE FOLLOWING SIX COURSES: S3 3r"E,.0 FEET; S,33ME,. FEET; SM^WE,. FEET TO THE BEGINNING OF AN UNEQUAL RADIUS CURVE CONCAVE TO THE WEST; THENCE ALONG THE ARC OF SAID CURVE.0 FEET THROUGH A CENTRAL ANGLE OF 0,,,f (CHORD

12 BEARING S '3"E, CHORD. FEET) TO A POINT OF TANGENCY; THENCE S3,"W, 0. FEET TO THE BEGINNING OF AN UNEQUAL RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE ALONG THE ARC OF SAID CURVE. FEET THROUGH A CENTRAL ANGLE OF '00", (CHORD BEARING S3 '"E, CHORD. FEET); THENCE LEAVING SAID SEAWALL ALONG THE FOLLOWING SIX COURSES: S '"W,. FEET; S0,3"E,. FEET; SIO03'3"E,. FEET; SW3"E,. FEET;S '"E,. FEET; THENCE S000*0"W, 0.00 FEET TO AN EXISTING SEAWALL; THENCE ALONG SAID SEAWALL THE FOLLOWING FOUR COURSES: N '"W,. FEET; Nq00'3"W,. FEET; NI003,3"W,. FEET; THENCE N0 '3"W,. FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF SUBMERGED LAND LOCATED IN "GLOVER BIGHT" WATERBODY, SECTION, TOWNSHIP SOUTH, RANGE 3 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERN MOST CORNER OF TRACT MV-, BLOCK 0 OF TARPON POINT AS RECORDED IN PLAT BOOK 3, PAGES 0- OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID POINT LYING. FEET FROM THE EASTERN LINE OF SAID TRACT; RUN S,0"E FOR. FEET; THENCE RUN S0 3',,W FOR.0 FEET; THENCE RUN SW3"E FOR. FEET; THENCE RUN SC'"W FOR 0.00 FEET; THENCE RUN S3 '0"W FOR. FEET; THENCE RUN S&*'"\N FOR 3. FEET; THENCE RUN S000'0"W FOR.00 FEET TO A POINT ON THE SOUTHERN END OF AN EXISTING SUBMERGED U\ND LEASE PARCEL RECORDED IN O.R. BOOK 3, PAGE OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING FIVE () COURSES ALONG THE BOUNDARY OF SAID SUBMERGED PARCEL, ) Nig^^-W FOR. FEET; ) NW3"W FOR. FEET; 3) N03'3"W FOR. FEET; ) N0 '3"W FOR. FEET; ) m 're FOR. FEET TO A POINT ON THE SOUTHERN LINE OF ABOVE DESCRIBED TRACT MV-I; THENCE THE FOLLOWING FOUR () COURSES ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL, ) N '"E FOR. FEET; ) Nt0'0"E FOR.30 FEET; 3) NW"E FOR 3. FEET; ) S,0"E FOR.33 FEET TO THE POINT OF BEGINNING. CONTAINING, SQUARE FEET, MORE OR LESS (.± ACRES).

13 City of Cape Coral Department of Community Development January th, RE: PDP-00 Dear Property Owner: This notice is sent to you, as required by the City of Cape Coral Land Use and Development Regulations, to notify all property owners within 00 feet of a request for approval of a Planned Development Project entitled "Tarpon Point". The applicant is requesting approval of ORDINANCE -; An Ordinance amending Ordinance -0, as amended, which approved a Planned Development Project in The City of Cape Coral, Florida entitled Tarpon Point for certain property described as a Replat of a portion of Unit, Cape Coral, Tarpon Point according to Plat Book 3, Pages through, of the Public Records of Lee County, Florida, situation in Section, Township South, Range 3 East, City of Cape Coral, Lee County, Florida, as more particularly described herein; property located at Silver King Boulevard, Black Marlin Lane, and Tarpon Estates Boulevard; Granting the revision of a condition that required the repaving of Pelican Boulevard by December 3,, to a date no later than December 3, ; Providing for findings of fact and conclusions of law; providing for action on request and conditions of Approval; Providing for legal effect and limitations of this PDP Development Order and Administrative Requirements; Providing Severability and an Effective date. The Planned Development Project (PDP) process is a local development approval process that culminates in a development order (resolution or ordinance) that is granted directly by the governing body at a public hearing. The PDP process ensures that development applications are reviewed in a comprehensive manner and uphold the integrity of the community. PDPs may depart from conformance with regulations that would otherwise apply, if the intent and purpose of the regulations is served. The PDP is not a zoning district and may contain more than one zoning district. A PDP application may include requests for subdivision, rezonings, site plan approval, special exceptions, variances, vacations of plat and deviations that can be considered simultaneously within the PDP application. The request will be reviewed by the Cape Coral Planning and Zoning Commission / Local Planning Agency on February th, at :00 A.M. Department of Community Development Post Office Box 00 Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

14 City of Cape Coral Department of Community Development City Council will hear ORD - on MONDAY, March th, at :30 P.M. in the Council Chambers at City Hall. Both Public hearings will be held in the City of Cape Coral Council Chambers, Cultural Park Boulevard, Cape Coral, Florida, 330. Colored maps for this application are available at the City of Cape Coral website, The reference number above will access the specific map for this application. For further information, please call Chad Boyko at or at cboyko@capecoral.net. 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 you objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number below within your correspondence and mail to the Department of Community Development, Planning Division, P.O. Box 00, Cape Coral, FL The hearings may be continued from time to time as necessary. Be advised that any person deciding to appeal any decision made at the public hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. 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, Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. Sincerely, Derek C.S. Burr, AICP, MS, MPA Planning Manager Department of Community Development Post Office Box 00 Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

15 BLVD 00C R- C-3 C- 00D TR E R- TR G C- C- CHIQUITA BLVD S 3A SW TH TER 03 3 TR 00A 03 APOLLO SW TH LN 03 ELUSIVE SW TH TER AVOCADO SW TH ST 3 BEETHOVEN 3 BLACKBERRY 3 HERMITAGE LN SOUTH SPREADER C L- BLUEBERRY TR F W TARPON CASABA ESTATES TH AVE SW C- C R- BLUEJAY MV R TR-D L- SW TH AVE C- TR-E BRONCO TR B C-3 SW C- MV- 3 TH ST TARPON GARDENCIR L-3 BUGLE TR A CASCADE ROSE GARDEN RD SILVER KING BLVD R- SW TH AVE W- CLOVE 3 03 TH Subject Parcels 3 ST 3 L- 3 3 C- 3 SW TH CT CITRUS CITY OF CAPE CORAL Department of Community Development Planning Division Case No. PDP-00 Block: 0 Legend ZONING MAP 00 Proximity Boundary Subject Parcels 00' Buffer A C PRES- Regulated by FLU RB R3 RD Canals/Lakes µ January th, ,000 Feet 3A 00' 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 KRKA