FL - Cape Coral: HEARING EXAMINER

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HEARING EXAMINER

AGENDA FOR THE HEARING EXAMINER Tuesday, April 17, 2018

9:00 AM Council Chambers
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1.
HEARINGS CALLED TO ORDER

No additional detail provided

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2.
HEARINGS

No additional detail provided

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A.
Case SE17-0010*; Address: 2125 SW Santa Barbara Place; Applicant: Ali Bigi

No additional detail provided

B.
Case SE18-0001*; Address: 801 Cape Coral Parkway West; Applicant: Ram Kumar Kashyap and Jaswant Kashyap, Trustees of the Kashyap Revocable Trust

No additional detail provided

C.
Case DE18-0004; Address: 3908 SE 18th Place; Applicant: William Gottfried

No additional detail provided

3.
DATE AND TIME OF NEXT HEARINGS

No additional detail provided

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A.
Tuesday, May 1, 2018, at 9:00 a.m., in Council Chambers

No additional detail provided

4.
ADJOURNMENT

In accordance with the Americans with Disabilities Act and Florida Statutes 286.26, persons needing a special accommodation to participate in this proceeding should contact the City Clerk's Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1-239-574-0411 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers, 1-800- 955-8771 (TDD) or 1-800-955-8700 (v) for assistance. If a person decides to appeal any decision made by the Board/Commission/Committee with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he 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 based.

Tagged Passions:streets, boards and commissions, and parks

PLEDGE OF CIVILITY We will be respectful of each other even when we disagree.

We will direct all comments to the issues. We will avoid personal attacks. The hearing shall, to the extent possible, be conducted as follows:
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1.
The Clerk shall read into the record the Ordinance or Resolution Title and Number, or the Applicant's name, file number, and the subject matter to be decided if there is no ordinance or resolution.

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2.
The Applicant, staff, and all Participants requesting to speak or present evidence or both the hearing shall be collectively sworn by an oath or affirmation by the Clerk.

No additional detail provided

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3.
Staff will testify regarding proper notice of the Hearing in accordance with City requirements.

No additional detail provided

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4.
The Applicant may waive the Applicant's right to an evidentiary hearing if Applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the application. The Hearing Examiner shall rule on the matter or make a recommendation, based upon the staff report and any other materials contained within the official file. Regardless of a waiver by the Applicant, a Public Hearing shall be held for all decisions requiring an ordinance or resolution.

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5.
If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the Hearing Examiner, determines to proceed in a different order, taking proper consideration of fairness and due process:

The Applicant shall make the Applicant's presentation, including offering any documentary evidence, and introduce any witnesses as Applicant desires. The Applicant shall present the Applicant's entire case in thirty (30) minutes. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file that have not already been transmitted to the Hearing Examiner with the agenda materials, as staff desires; summarize issues; and make a recommendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. Staff shall present its entire case in thirty (30) minutes. Participants in opposition to or support of the application shall make their presentation in any order as determined by the Hearing Examiner. Each Participant shall present their argument in 5 minutes. The Applicant may cross-examine any witness and respond to any testimony presented. Staff may cross-examine any witness and respond to any testimony presented. The Hearing Examiner may choose to allow Participants to respond to any testimony if the Hearing Examiner deems the response to be necessary to ensure fairness and due process. The Hearing Examiner, may ask questions of the staff, Applicant, and Participants. Final argument may be made by the Applicant, related solely to the evidence in the record. Final argument may be made by the staff, related solely to the evidence in the record. For good cause shown, the Hearing Examiner may grant additional time to any of the hereinabove time limitations. The Hearing Examiner's, decisions must be based upon Competent Substantial Evidence in the record. Item Number: 2.A. Meeting Date: 4/17/2018 Item Type: HEARINGS AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Case SE17-0010*; Address: 2125 SW Santa Barbara Place; Applicant: Ali Bigi REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO:

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1.
Will this action result in a Budget Amendment? No 2. Is this a Strategic Decision? No

If Yes, Priority Goals Supported arelisted below. If No, will it harm the intent or success ofthe Strategic Plan? No

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Planning Zoning Recommendations:

SUMMARY EXPLANATION AND BACKGROUND: The applicant, DeBono s Inc., is requesting a Special Exception for a Rental Establishment, Group III Use in the Pedestrian Commercial (C-1) District on property described as Lots 17-21, Block 3047, Unit 62, Cape Coral Subdivision; property located at 2125 SW Santa Barbara Place. LEGAL REVIEW:
Tagged Passions:property, legal, commercial, rental, Pedestrian, subdivision, planning, and zoning

EXHIBITS: See attached Backup Materials

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PREPARED BY: Kristin Kantarze Division- Planning Department-

Community Development
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SOURCE OF ADDITIONAL INFORMATION: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator

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ATTACHMENTS: Description Type Backup Materials Backup Material

Planning Division Case Report SE17-0010
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Review Date: March 13, 2018

Property Owner: Ali Bigi Owner Address: 144 Governors Hill Road Oxford, CT 06478 Applicant Charles DeBono
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Request: The applicant is requesting a Special Exception for a Rental Establishment,

Group III Use.
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Location: 2125 SW Santa Barbara Place Cape Coral, FL 33991 Unit 62, Block 3047, Lots 17-21, Strap number: 26-44-23-C3-03047.0170

Prepared By: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator
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Reviewed By: Robert H. Pederson, AICP, Planning Manager

Recommendation: Approval with conditions Urban Service Area: Infill

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Right of Way Access: The site has frontage and driveway access along SW Santa Barbara Place, a local

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street. The site also has access to a 20-foot wide alley to the east.

Property Description The site consists of Lots 17-21 in Block 3047. The site is rectangular with an area of 25,000 sq. ft. Lots 19-21 (the north end) are improved with a parking lot for three commercial buildings at 2110-2120 Santa Barbara Boulevard, to the east of the site. Lots 17 and 18 to the south are unimproved. The site has a Commercial/Professional Future Land Use Classification and Pedestrian Commercial (C-1) Zoning. Sites to the north, east, and south share the same future land use and zoning classifications. Sites to the west of SW Santa Barbara Place have a Single Family Future Land Use Classification and Single Family Residential (R-1B) Zoning. Background The applicant, Charles DeBono, owns the site at 2200 Santa Barbara Boulevard. The site received a special exception (SE 11-83-247) for gasoline pumps in conjunction with a convenience store in 1983, and in 2000 received a special exception (Resolution 9-2000) for a Rental Establishment, Group III Use. SE17-0010 March 13, 2018 The special exception for the rental establishment was amended by Resolution 20-17. A condition of Resolution 20-17 limits the location, number, and types of vehicles that can be parked on this site.
Tagged Passions:property, commercial, rental, Pedestrian, sites, parking, and zoning

Based on discussions with the applicant, a Special Exception is sought for the site at 2125 SW Santa Barbara Place to allow parking of larger rental trucks on this site that are prohibited at 2200 Santa Barbara Boulevard. Trucks with lengths over 21.58 feet are prohibited at the DeBono site.

No additional detail provided

Tagged Passions:streets, rental, parking, and transportation

Figure 1. Map showing 2125 SW Santa Barbara Place to the north (subject to this Special Exception) and 2200 Santa Barbara Boulevard to the south.

Zoning History of the Site The site has always had a Future Land Use Classification of Commercial/Professional. SE17-0010 March 13, 2018 The zoning of Lots 17 and 18 was amended by Ordinance 16-11 from R-3 to C-1. Th zoning of Lots 19-21 was amended by Ordinance 18-02 from R-3 to C-1. ANALYSIS

Tagged Passions:commercial, ordinance, history, and zoning

Staff reviewed this application based on the Land Use and Development Regulations (LUDR), Section 2.7.7, the C-1 District, and the five standards in Section 8.8.5a-e for Special Exceptions.

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1.
Generally

Rental Establishment, Group III uses are allowed by special exception in the C-1 District. This use has no minimum area requirement or other special regulations. Group III Uses allow the renting of cars, small vans and trucks, recreation vehicles, and utility trailers. According to the letter of intent, larger U-Haul trucks that cannot be lawfully parked at 2200 Santa Barbara Boulevard along with other rental vehicles will be parked on the site. Prior discussions with Mr. DeBono revealed that the 26-foot long trucks1 are the most popular length of vehicle rented and returned to his business at 2200 Santa Barbara Boulevard.

Tagged Passions:streets, Utility, rental, parks, utility, recreation, regulation, transportation, and business

2.
Compatibility

The site is surrounded on three sides (north, east, and south) with C-1 Zoning. The site to the north has a multi-family dwelling (Table 1). Sites to the west, across SW Santa Barbara Place, have R-1B Zoning and single-family dwellings. Residential sites to the north and the west would likely be the most affected by the operation of this use. Adverse effects related to this use would include noise, lighting, and traffic. Table 1. Zoning, Future Land Use, and Existing Uses at 2125 SW Santa Barbara Place and Surrounding Sites. Zoning Future Land Use (FLU) Existing Use Subject Parcel Pedestrian Commercial (C-1) Commercial/Professional Parking lot

Tagged Passions:property, commercial, Pedestrian, noise, sites, parking, zoning, and traffic

Surrounding Zoning Surrounding FLU Surrounding Uses North: Pedestrian Commercial (C-1) Commercial/Professional Multi-family dwelling South: Pedestrian Commercial (C-1) Commercial/Professional Parking lot East: Pedestrian Commercial (C-1) Commercial/Professional Commercial development

including a gas station West: Single Family Residential (R-1B) Single Family Single-family dwellings
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1
U-Haul trucks with a length of 26 feet have a front to rear bumper length of 34 feet, one inch. (https://www.uhaul.com/).

SE17-0010 March 13, 2018 Noise Rental vehicles being maneuvered on the site will increase activity, but it is not known if additional noise would be generated to a level inconsistent with City ordinances. Residents most affected by any increase in noise would likely be to the north and west. Noise would be most noticeable to residents when vehicles are entering or leaving the site before and after standard working hours (before 8:00 A.M. and after 5:00 P.M.). Staff recommends limiting the transporting of rental vehicles to 2125 SW Santa Barbara Place between 7:00 A.M. and 7:00 P.M. to minimize the exposure of noise and lighting experienced by residents. Lighting Vehicle headlights could be disruptive to residents to the north and west. Placing restrictions on when rental vehicles can enter and leave the site will alleviate most conflicts involving lighting. Landscaping to the north and west of the rental parking area will further reduce glare from headlights.
Tagged Passions:ordinance, rental, noise, parking, and transportation

Traffic The existing parking lot is used by several businesses to the east at 2110-2120 Santa Barbara. As a result, this site currently generates an unknown number of trips. While a trip generation estimate was not provided with the application, based on the number of trucks the site could likely accommodate (10-20), staff anticipates the P.M. peak hour number of trips generated by the special exception use will be low compared to many commercial uses. An identical use approved by the City in 2016 that involved a mix of 17 rental vehicles had an estimated 15 P.M. peak hour trips.2

Tagged Passions:commercial, rental, parking, traffic, transportation, and business

3.
Minimum Lot Frontage; Access

The C-1 District has no minimum frontage requirement. The site has about 200 feet of frontage on SW Santa Barbara Place to the west and along an alley to the east. A single driveway exists along SW Santa Barbara Place. The site is accessible by way of two separate drive isles from the alley. No additional driveways are anticipated.

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4.
Building Location; Setbacks

There are no buildings on the site. The site is currently used for customer parking. No new buildings are proposed or necessary for the Special Exception Use.

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5.
Screening and Buffering

Prior to construction of improvements on the southern half of the site, site plan approval will be required. Since the improvements will include new off-street parking areas, the site

Tagged Passions:streets, parking, and construction

2
Ordinance 56-16 that approved a special exception for a Rental Establishment Group III Use for a Home Depot Store at 2508 Skyline Boulevard.

SE17-0010 March 13, 2018

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will need to comply with the City landscaping regulations (see LUDR, Section 5.2.3). New landscaping will include a Buffer C along the west property line. These plantings will provide buffering and partial screening of the trucks parked on this site. Staff recommends landscaping between the parked rental vehicles and the north property line to buffer this commercial use from this adjacent residential use.

No additional detail provided

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Consistency with the Comprehensive Plan

The project is consistent with the following goals and policies. Future Land Use Element
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Policy 1.15.c Commercial/Professional (CP): Intensities of use in the Commercial/Professional land use classification shall not exceed a floor to lot area ratio (FAR) of 1.0 The Pedestrian Commercial (C-1) District is designed to facilitate a broad variety of large or small commercial uses. Uses allowed in the C-1 District range from a variety of small or neighborhood-based commercial uses to larger retail or service uses, which may serve a relatively large trade area and, which may be developed as major shopping facilities. As many commercial uses have the potential to generate relatively high levels of vehicular trips from customers and sometimes delivery vehicles, preferred locations for the C-1 District have direct access onto arterial or collector roads and adequate depth (a minimum of 250 feet) for larger-scale development. Staff comments: The site has C-1 Zoning that is consistent with the Commercial/Professional Future Land Use Classification. This policy is supportive of this request.

No additional detail provided

Tagged Passions:commercial, policy, trade, development, Pedestrian, zoning, Development, and neighborhood

Policy 1.17 Land development regulations, whether adopted or revised subsequent to the adoption of this plan, will address buffering and open space requirements, and will protect existing residential land uses from incompatible land uses. Staff comments: A landscape buffer will be required along the west property line adjacent to residential sites. Landscaping will be required along between the parking area of the rental vehicles and the north property line to protect existing residential uses to the north. This policy is supportive of this request.

Tagged Passions:buildings and grounds, property, policy, development, rental, sites, parking, regulation, and Development

Policy 8.2 Land development regulations, adopted pursuant to s. 163.3202, F.S., will require the buffering of incompatible land uses. Staff comments: Landscaping will be installed to the north and west of the parking area for vehicles to buffer the commercial use from adjacent residential uses. This policy is supportive of this request.

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. The design should ensure adequate screening of unsightly views of commerical development (such as loading docks, rooftop equipment, service entrances, trash containers, parking areas and exterior storage) through the extensive uses of landscaping, berms, fencing, concealment, SE17-0010 March 13, 2018
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architectural features, open space, setbacks, and/or building orientation. Ensure that the placement of any noise generating activities such as ingress/egress, parking, deliveries, air conditioning equipment and dumpster collections are designed to minimize any adverse noise effects. Traffic and parking should not adversely affect neighborhood quality. Noise, safety and overall maintenance of commercial properties should be carefully monitored. The site will lack a dumpster, loading docks, and rooftop equipment that typically requires screening. Trips to the site are anticipated to be low. Landscaping to the north and west will provide buffering for adjacent residential uses. This policy is supportive of this request.

Recommendation: The Planning Division recommends approval with the following conditions: Conditions of Approval

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1.
The parking of rental vehicles on the site shall be limited to Lots 17 and 18.

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2.
A site plan for improvements to the site shall be approved by the City prior to the issuance of a certificate of use for a Rental Establishment, Group III Use. The site plan shall include a striping plan that identifies spaces for the parking of rental vehicles and drive isles for the internal circulation of vehicles on the site.

No additional detail provided

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3.
Single staggered rows of canopy and accent trees spaced 25 feet apart shall be planted for the width of the site to provide buffering between the parked rental vehicles and the residential dwellings to the north.

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4.
Rental vehicles shall not be moved to or from the site between the hours of 7:00 P.M. and extending to 7:00 A.M. the following day.

Staff Contact Information Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator PH: 239-242-3255 Email: mstruve@capecoral.net

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Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: planningquestions@capecoral.net
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NOTICE TO SURROUNDING PROPERTY OWNERS

CASE NUMBER: SE17-0010
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REQUEST: The applicant, DeBono s Inc., is requesting a Special Exception for a Rental Establishment, Group III Use in the Pedestrian Commercial (C-1) District on property described as Lots 17-21, Block 3047, Unit 62, Cape Coral Subdivision; property located at 2125 SW Santa Barbara Place.

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LOCATION: 2125 SW Santa Barbara Place, Cape Coral, FL

CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator

PROPERTY OWNER: Ali Bigi 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 17, 2018 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.
Tagged Passions:hearing, property, streets, development, planning, parks, Development, materials, and community development

DETAILED INFORMATION: The case report and colored maps for this application are available at the City of Cape Coral website, www.capecoral.net/publichearing (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 A.M. and 4:30 P.M. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice.

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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 150027, Cape Coral, FL 33915-0027. The hearings may be continued from time to time as necessary.

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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 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (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. Please contact us with changes or cancellations as soon as possible, otherwise no further action needed. TOLL-FREE Local Email

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888-516-9220 239-335-0258 FNPLegals@gannett.com

Customer: CAPE CORAL FL 33990 USA 1015 CULTURAL PARK BLVDAddress:

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0002844992Ad No.: CITY OF CAPE CORAL_DEPT OF COM

345.17Net Amt:

04/07/18Run Dates:

Run Times: 1 No. of Affidavits: 1

Text of Ad:

SW 1S T A VE SAN TA BA RB AR A B LVD SE SAN TA BA RB AR A P L SW SA NTA BA RB AR A P L SW 22ND ST SW 21ST LN SW 21ST TER SAN TA BA RB AR A B LVD CITY OF CAPE CORALDepartment ofCommunity DevelopmentPlanning Division Case No. SE17-0010

0
110 220Feet

This map is not a survey and should not be used in placeof a survey. While every effort is made to accuratelydepict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liablefor incidents that may occur. Please contact the Departmentof Community Development with any questions regarding thismap product. SUBJECT PARCEL Subject Parcel ESCAPADE CANAL DAMAO CANAL SANDPIPER CANAL CEYLON CANAL SW 1S T A VE SW 21ST ST SAN TA BA RB AR A B LVD SE SAN TA BA RB AR A P L SW SA NTA BA RB AR A P L SE 21ST ST SW 21ST LN SW 22ND ST SW 21ST TER SAN TA BA RB AR A B LVD
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CITY OF CAPE CORALDepartment ofCommunity DevelopmentPlanning Division CURRENT ZONING MAP500' Proximity Buffer

Case No. SE17-0010
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0
220 440Feet

This map is not a survey and should not be used in placeof a survey. While every effort is made to accuratelydepict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liablefor incidents that may occur. Please contact the Departmentof Community Development with any questions regarding thismap product. SUBJECT PARCEL LEGEND 500' Proximity Boundary Subject Parcel Zoning C-1 R-1B R-3
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500' PROXIMITY BOUNDARY

Item Number: 2.B. Meeting Date: 4/17/2018 Item Type: HEARINGS AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Case SE18-0001*; Address: 801 Cape Coral Parkway West; Applicant: Ram Kumar Kashyap and Jaswant Kashyap, Trustees of the Kashyap Revocable Trust REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO:
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1.
Will this action result in a Budget Amendment? No 2. Is this a Strategic Decision? No

If Yes, Priority Goals Supported arelisted below. If No, will it harm the intent or success ofthe Strategic Plan? No

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Planning Zoning Recommendations:

SUMMARY EXPLANATION AND BACKGROUND: The applicant, Creighton Construction Management, LLC, is seeking to amend Resolution SE 6-2012, as amended by Resolution SE 6-2015 that approved an automotive service station limited use in the Pedestrian Commercial (C-1) District on property described as Lots 23-27, Block 1696 by amending conditions that limited the hours of operation of the establishment and prohibited the outdoor storage of products and materials on the site; property is located at 801 Cape Coral Parkway West. LEGAL REVIEW:
Tagged Passions:property, legal, commercial, Pedestrian, construction, planning, zoning, and materials

EXHIBITS: See attached Backup Materials

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PREPARED BY: Kristin Kantarze Division- Planning Department-

Community Development
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SOURCE OF ADDITIONAL INFORMATION: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, 239-242-3255, mstruve@capecoral.net

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ATTACHMENTS: Description Type Backup Materials Backup Material

Professional Engineers, Planners Land Surveyors SERVING THE STATE OF FLORIDA _____________________________________________________________________________________________
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10511 Six Mile Cypress Parkway Suite 101 Fort Myers, Florida 33966 Phone 239-939-5490 www.bankseng.com Fax 239-939-2523

Engineering License No. EB 6469 Surveying License No. LB 6690
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Mr. Mike Struve, AICP, LEED Green Associate City of Cape Coral Department of Community Development Planning Division 1015 Cultural Park Boulevard Cape Coral, Florida 33990

No additional detail provided

Tagged Passions:streets, development, planning, parks, Development, and community development

Reference: SE18-0001

PROPOSED AMENDMENT TO CONDITIONS OF SPECIAL EXCEPTION SE 6-2015 7-Eleven, 801 Cape Coral Parkway W

Dear Mr. Struve,

The applicant is in receipt of the staff report dated March 14, 2018 for the above referenced project and agrees with staff s recommended conditions with the exception of proposed conditions 2 and 4. regarding the removal of the propane tank rack located outside of the existing store on the subject property. The applicant is requesting that Condition 2 of SE18-0001 be modified to read as follows: Resolution SE6-2015, condition 3, is revised to allow for the placement of a propane tank rack on the outside of the store not exceeding 72 tall, 48 inches wide and 24 inches deep. The applicant is also requesting that Condition 4 of SE18-00001 be revised to read as follows: Restrictions on the hours of operation for the gas and convenience store uses shall not be eliminated until the north and west buffers referenced in Condition 1 have been restored consistent with the approved landscaping plan and been inspected by the City. Propane tanks are a critical necessity for customers, especially during storm season. Allowing the propane storage rack to remain will continue to provide this service to the residents in the area without the need to travel to a Walmart, Lowes, Home Depot or other destination farther from home. Most gas stations have a propane tank rack and this project must provide the rack in order to meet the consumer s expectations as well as maintain a competitive business. This proposed change will have no bearing on the existing special exception s previously deemed consistent with the five (5) standards outlined within Section 8.8.5a-e which covers special exceptions. There are no adjacent single-family uses and the only adjacent multi-family development to the north has provided a letter of support. Allowing the propane storage rack to remain will not have any impact on the existing compatibility. Page 2 of 2 Should you or your staff have any questions, or require additional information, please feel free to contact me at (239) 770-2527. Sincerely, BANKS ENGINEERING Stacy Ellis Hewitt, AICP Director of Planning I I I SE 15-0004
Tagged Passions:property, commercial, development, grocery, large retail, travel, planning, housing, Development, and business

A
RESOLUTION AMENDING RESOLUTION SE 6-2012, WHICH GRANTED A SPECIAL EXCEPTION TO CONSTRUCT AND OPERATE AN AUTOMOTIVE SERVICE STATION LIMITED USE IN A PEDESTRIAN COMMERCIAL (C-1) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 23 - 27, BLOCK 1696, UNIT 65, CAPE CORAL SUBDIVISION BY AMENDING THE TERMS AND CONDITIONS; PROPERTY LOCATED AT 801-809 CAPE CORAL PARK.WAY WEST; PROVIDING AN EFFECTIVE DATE.

Tagged Passions:property, commercial, Pedestrian, subdivision, parks, and grant

WHEREAS, an application to amend Resolution SE 6-2012 by M. DAN CREIGHTON has been submitted.and reviewed by the Planning and 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 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 ID:ade at the Public Hearing, the criteria set forth in the City of Cape Coral Code Article VIII, Administration, Section 8.3, Public Hearings, and Section 8.8, Special Exceptions, the City of Cape Coral Comprehensive Plan and the application materials submitted with Application SE 15-0004 the Board of Zoning Adjustment and Appeals hereby grants an amendment to Resolution SE 6-2012, which granted the below-described real property A SPECIAL EXCEPTION TO CONSTRUCT AND OPERATE AN AUTOMOTIVE SERVICE STATION LIMITED USE IN A PEDESTRIAN COMMERCIAL (C-1) zone on the below-described property: LEGAL DESCRIPTION: LOTS 23, 24, 25, 26, AND 27, BLOCK 1696, UNIT 65, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGES 82 THROUGH 95, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, TOGETHER WITH THAT PORTION OF A VACATED ALLEY DESCRIBED IN RESOLUTION NO. 6-07, RECORDED IN INSTRUMENT 2007000117988 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA PROPERTY LOCATED AT: 801-809 CAPE CORAL PARI

Tagged Passions:hearing, property, legal, commercial, boards and commissions, Pedestrian, subdivision, strategic, public records, planning, grant, zoning, housing, and materials

Section 2. The following condition contained within Resolution SE 6-2012 is hereby amended as follows:

4.
Hours of operation for the development shall be limited to the hours beginning at 5:00 a.m. and ending at 1 :00 a.m. the following day. Hours for deliveries for the development shall be limited to the hours beginning at 6:00 a.m. and ending at 11 :00 p.m.

No additional detail provided

Tagged Passions:development and Development

All provisions and conditions contained in Resolution SE 6-2012 shall remain in full force and effect, except as otherwise stated in this Resolution.

No additional detail provided

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 i/1-h DAY OF /11J6-l.JST ,

Tagged Passions:zoning

2015. . DANIEL READ BOARD OF ZONING ADJUSTMENT AND APPEALS

A TIESTED TO AND FILED IN MY OFE CE THIS f ?+f, DAY OF ---L-+ '- .___, 2015. APPROVED AS TO FORM: BRIAN R. BARTOS ASSISTANT CITY ATTORNEY SE15-0004
Tagged Passions:legal and zoning

2
BECCA VAN DEUTEKOM CITY CLERK

I I I

A
RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL CODE OF ORDINANCES, LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, SECTION 8.8, SPECIAL EXCEPTIONS, AND SECTION 8.9, APPEALS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, APPROVING THE DECISION OF THE BOARD OF ZONING ADJUSTMENT AND APPEALS THAT APPROVED RESOLUTION SE 6-2012 WHICH GRANTED A SPECIAL EXCEPTION TO CONSTRUCT AND OPERATE AN AUTOMOTIVE SERVICE STATION LIMITED USE IN A PEDESTRIAN COMMERCIAL (C-l) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 23 - 27, BLOCK 1696, UNIT 65, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 801-809 CAPE CORAL PARKWAY WEST; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Cape Coral Board of Zoning Adjustment and Appeals has specifically considered the request of CREIGHTON COMMERCIAL DEVELOPMENT, LLC, for a Special Exception as described herein, and, at a Public Hearing on September 5, 2012, granted the aforesaid request by approving Resolution SE 6-2012. WHEREAS, the Applicant, TH00iL\S W. KOTOWSKI, is exercising his right to appeal to the Cape Coral City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA: Section 1. That the City of Cape Coral City Council having specifically considered the decision of the Cape Coral Board of Zoning Adjustment and Appeals, the recommendation of the City of Cape Coral Planning and Zoning Commission, Local Planning Agency, and the Planning Division of the City of Cape Coral, and the presentation made by the Applicant(s) before this Board at a public meeting, and 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 of Cape Coral Comprehensive Plan, the application materials submitted with Application AP 12-0005, and all other evidence presented, hereby approves the decision of the Board of Zoning Adjustment and Appeals that approved Resolution SE 6-2012 which granted A SPECIAL EXCEPTION TO CONSTRUCT AND OPERATE AN AUTOMOTIVE SERVICE STATION LIMITED USE IN A PEDESTRIAN COMMERCIAL (C-l) ZONE for the below described property: LEGAL DESCRIPTION: LOTS 23, 24, 25, 26, AND 27, BLOCK 1696, UNIT 65, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGES 82 THROUGH 95, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, TOGETHER WITH THAT PORTION OF A VACATED ALLEY DESCRIBED IN RESOLUTIO NO. 6-07, RECORDED IN INSTRUMENT 2007000117988 OF THE PUBLIC RECORDS OF COUNTY, FLORIDA PROPERTY LOCATED AT: 801-809 CAPE CORAL PARKWAY WEST
Tagged Passions:hearing, property, legal, commercial, boards and commissions, ordinance, council, development, Pedestrian, subdivision, strategic, public records, planning, grant, regulation, zoning, housing, Development, and materials

for the reason that the aforesaid special exception meets all of the criteria identified in the City of Cape Coral Land Use and Development Regulations, Section 8.8, Special Exceptions.

No additional detail provided

Tagged Passions:development, regulation, housing, and Development

Section 2. CREIGHTON COMMERCIAL DEVELOPMENT, LLC, shall meet the following terms and conditions:

No additional detail provided

Tagged Passions:commercial, development, and Development

1.
To minimize light trespass on surrounding properties and to reduce glare associated with on site lighting, the following conditions are prescribed:

No additional detail provided

a.
Lighting levels along the northern property line of Lots 23-27 shall not exceed 0.1 foot-candles. The developer shall submit a lighting plan for staff review that demonstrates compliance with this requirement prior to site plan approval for the project.

No additional detail provided

Tagged Passions:compliance and property

b.
Lighting trespass and glare shall be limited to a reasonable level through the use of shielding and directional lighting methods. All free-standing lights on the site shall be aimed downward and away from the property lines.

No additional detail provided

Tagged Passions:property

c.
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.

No additional detail provided

d.
Lights shall not be mounted on the top or sides of the canopy and the canopy sides shall not be illuminated.

No additional detail provided

2.
No vending machines or automated teller machines (ATMs) shall be placed on the outside of the store.

No additional detail provided

Tagged Passions:commercial

3.
The outdoor storage of products and materials is prohibited. This provision, however, shall not apply to ice machines that are used solely to store ice.

Tagged Passions:commercial and materials

4.
Hours of operation for the proposed development shall be limited to the hours beginning at 6:00 a.m. and ending at 11:00 p.m.

No additional detail provided

Tagged Passions:development and Development

5.
The trash receptacle enclosure approved for this development shall include colors and materials common to those used for the gas station building.

Tagged Passions:development, Development, and materials

6.
To promote continuity within the development, the wall located within the buffer yard along the western property line of Lot 23 shall be eight feet in height and shall be of identical design to the wall erected along the northern property line of the development.

No additional detail provided

Tagged Passions:property, development, and Development

Section 3. This Resolution shall take effect immediately upon its adoption.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR COUNCILSESSIONTHIS .5U,,<- DAYOF :; ?; r .. b I\ , ' '/)OHN J. SULLIVAN, MAYOR

Tagged Passions:council

VOTE OF MAYOR AND COUNCILMEMBERS:

SULLIVAN MCCLAIN CARIOSCIA NESTA CHULAKES-LEETZ -----'tlk. rJ< () ERBRICK O MCGRAIL DONNELL

ATTESTED TO AND FILED IN MY OFFICE THIS 18th DAY OF UwtVtA/b 2013. c:I --- /J () ,n (. . .. / Co . VCVvl

R: BECCA VAN DEUTEKOM, CITY CLERK

APPROVED AS TO FORM: DOLORESD.MENENDEZ CITY ATTORNEY res/ap 12-0005-confirm approval se I I I 10/25/13COUNCILMEMBER DONNELL RESOLUTION 52 - 13 A RESOLUTION OF THE CITY OF CAPE CORAL FLORIDA ELECTING TO USE THE UNIFORlv1 METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESS11ENTS LEVIED WITHIN THE CERTAIN PORTIONS OF THE INCORPORATED AREA OF THE CITY DESCRIBED HEREIN; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the City Council ) of the City of Cape Coral, Florida (the City ) is contemplating the imposition of special assessments to fund the cost of providing: (i) water, wastewater and irrigation facilities; (ii) maintenance of roads, roadway medians, and rights-of-way; (iii) pepper tree removal; (iv) alley improvements; (v) parking lot improvements; (vi) sidewalk improvements, (vii) seawall improvements; (viii) waterway lock improvements; (ll.) street lighting maintenance and improvements; (x) utility infill capacity facility expansion charge, (xi) fIre service assessment; (xii) delinquent balances of legacy assessments; and (xiii) environmental mitigation assessment located in separate, to be established, improvement areas of the City; and WHEREAS, the City intends to use the uniform method for collecting non-ad valorem special assessments imposed over a number of years for the cost of providing such services and improvements to property within the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2014, in the same manner as provided for ad valorem taxes; and WHEREAS, the City Council held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA:
Tagged Passions:hearing, property, streets, taxes, legal, Taxes, services, council, Utility, expansion, advertising, Pedestrian, ad valorem, parking, environment, utility, traffic, facility, sewer, streetscape, and water

Section 1. Commencing with the Fiscal Year beginning on October 1, 2014 and with the tax statement mailed by the Lee County Tax Collector in November 2014, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, to collect special assessments imposed over a number of years to fund the cost of providing: (i) water, wastewater and irrigation facilities; (ii) maintenance of roads, roadway medians, and rights-of-way; (iii) pepper tree removal; (iv) alley improvements; (v) parking lot improvements; (vi) sidewalk improvements, (vii) seawall improvements; (viii) waterway lock improvements; (L-X) street lighting maintenance and improvements; (x) utility infill capacity facility expansion charge, (xi) fIre service assessment; (xii) delinquent balances of legacy assessments; and (xiii) environmental mitigation assessment. Such non-ad valorem assessments may be levied within certain portions of the incorporated area of the City and have not yet been specifically identified. The legal description of the incorporated area of the City is attached hereto as Exhibit B.

Section 2. The City hereby deternUnes that the levy of such non-ad valorem assessments is needed to fund the cost of providing necessary capital improvements and related services including but not limited to water, wastewater and irrigation facilities; maintenance of roads, roadway medians, and rights-of-way; pepper tree removal; alley improvements; parking lot improvements; sidewalk improvements; seawall improvements; waterway lock improvements; street lighting maintenance and improvements, utility infill capacity reservation asessement, fIre service assessment, delinquent balances of legacy assessments; and environmental mitigation within the incorporated area of the City.

Tagged Passions:streets, taxes, legal, capital spending, Taxes, services, Capital Spending, Utility, expansion, Pedestrian, ad valorem, parking, environment, utility, traffic, facility, sewer, streetscape, and water

Section 3. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Lee County Tax Collector, and the Lee County Property Appraiser by January 10,2014.

No additional detail provided

Tagged Passions:property, taxes, and Taxes

Section 4. This Resolution shall take effect immediately upon its adoption.

I ADOPTED BY CITY COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR COUNCIL SESSION THIS qrJ<.. DAY OF j)eCE;u..i:Jer , 2013. i JS4Ulck MARNI L. SA CKJ, MAYOR

Tagged Passions:council

VOTE OF MAYOR AND COUNCILMEMBERS:

SAWICKJ BURCH CARIOSCIA NESTA 4LEON JL ERBRICI( g> WILLIAMS DONNELL CUa JL

ATTESTED TO AND FILED IN MY OFFICE THIS :(O-l-h DAY OF lXl'em x)r - ,2013. 11 211(11lr1 fY

-Par REBECCAN DEUTEI Tagged Passions:legal

2
EXHIBIT A

PROOF OF PUBLICATION

Publish in a newspaper of,g'eneral circulation during the weeks of: November 11-November 17 November 18 - November 24 November 25 - December 1

D
cember 2 - December 8

No additional detail provided

NOTICE OF INTENT TO USE UNIFORM METHOD OF

COLLECTING NON-AD VALOREM ASSESSMENTS The City of Cape Coral, Florida (the City ) hereby provides notice, pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments to, be levied within the incorporated area of the City over a number of years, for the cost of providing capital improvements including but not limited to water, wastewater, and irrigation facilities; maintenance of roads, roadway medians and rights-of-way; pepper tree removal; alley improvements; parking lot inlprovenlents; sidewalk improvements; seawall improvements; waterway lock improyements; street lighting maintenance and improvements; utility intill capacity reservation assessment; fire service assessment; delinquent balances of legacy assessments; and environmental mitigation assessment commencing for Fiscal Year beginning October 1, 2014. The City will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by Section 197.3632, Florida Statutes, at a public hearing to be held at 4:30 p.m. on December 9, 2013 in Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, Florida. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the Office of the City Clerk of Cape Coral, Florida, All interested persons are invited to attend. In the event any person decides to appeal any decision by the City with respect to any matter relating to the consideration of the resolution at the above-referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, person's needing special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office at (239) 574-0411, seven days prior to the date of the hearing. EXHIBIT B LEGAL DESCRIPTION FOR THE CITY OF CAPE CORAL The territorial limits of said municipality are defined as follows: Begin at a point where the intersection of the south line of Section 19, Township 44 80uth, Range 23 East intersects the . shoreline of Matlacha Pass; thence run southerly along said shoreline of Matlacha Pass the following courses and distances: S 080 23 45 E 1120.24 feet, 8240 57 31 E 1464.82 feet, S 400 28' 14 E 1443.81 feet, 8 260 49' 45' E 1700.83 feet, S 090 10' 34' W 201 .80 feet, S 390 18' 26 E 1290.47 feet, S 41 0 45' 47 W 963.83 feet, S 140 29' 01 W 1804.76 feet, S170 49' 47 E 1562.85 feet; thence passing from Section 31, Township 44; South, Range 23 East into Section 6, Township 45 South, Range 23 East run the following courses and distances: S 020 59' 01 W 2119.73 feet, S 280 59' 49 W 2648.56 feet, S 070 31' 15 E 1218.69 feet, S 420 07' 00 W 1480.72 feet, N 780 52' 59 W 1921.82 feet, S 360 07' 03 W 24>84.51 feet, S 270 10' 45 E 2750.01 feet, S 020 54' 58 E 979.82 feet, N 830 55' 06' E 661.70 feet, S 220 14' 05 E 1369.98 feet, S 01 15' 36 W 1368.30 feet, S 600 58' 35 W 699.74 feet, S 500 41'31 E 3105.15 feet, S 120 51' 19 E 716.93 feet, S 660 58' 43 E 2144.74 feet, S 060 54' 02 E 2323.40 feet, S 740 51' 11 E 1528.57 feet, S 070 54' 52 E 796.41 feet, 8230 02'52 W 1844.72 feet to a point in Section 30, Township 45 South, Range 23 East called Sword Point at the intersection of the shore of Matlacha Pass and the Caloosahatchee River; thence run easterly along the north shore of the Caloosahatchee River N 800 17' 49 E 1426.08 feet, N 71 0 20' 55 E 1315.24 feet, N 630 01' 29 E 838.98 feet, N 590 35' 01 E 890.15 feet, N 740 45' 40 E 1219.25 feet, S 750 41' 34 E 2222.31 feet, N 690 A6'
Tagged Passions:hearing, property, streets, legal, capital spending, Capital Spending, Utility, Pedestrian, watershed, ad valorem, parking, environment, utility, traffic, events, sewer, streetscape, and water

. 45 E 1593.62 feet, N 330 34' 11 E 1334.17 feet, N 820 37' 42 E 1326.92 feet, N 790 30' 57 E 770.53 feet, N 150 38' 04 W 1414.35 feet to a point near the southwest corner of Cape Coral Unit 67 as recorded in Plat Book 25 at pages 57 through 65 of the' Lee County Public Records, said point also being located in Section 22, Township 45 South, Range 23 East; thence continue along the shoreline of the Caloosahatchee River the following courses and distances: S 720 27' 53 E 1017.43 feet, N 820 35' 46 E 776.90 feet, 8 800 14' 01 E 588.85 feet, 8 000 47' 47 W 1438.53 feet, S 480 37' 26 E 906.70 feet, N 770 40' 26 E 891.02 feet, N 630 07' 57 E 886.09 feet, N 840 05' 26 E 2917.11 feet, S 840 04' 41 E 774.56 feet, N 550 34' 00 E 655.08 feet, (See Page 20 for continuation of Bulkhead Line legal description) thence southeasterly a distance of 300.00 feet; thence northeasterly along a line extending 300.00 feet water ward from the existing shoreline to a point on the section line lying between Sections 28 and 33, Township 44 South, Range 24 East and the north end of said Bulkhead Line; thence run along said section line N 880 35' 04 E 19,76 feet to the westerly limits of the City of Fort Myers; thence run along said City Limit Line to a point where a line lying 680 feet north of and parallel with the section line between Sections 21 and 28, Township 44 South, Range 24 East intersects said City of Fort Myers limit line; thence run along said .parallel line N 890 59' 47 W 2229,62 feet to the section line lying between Sections 20 and 21, Township 44 South, Range 24 East; thence run along said section line N 000 35' 37 W 2010.93 feet to the easterly quarter corner of Section 20, Township 44 South, Range 24 East; thence continue along said section line N 000 01' 17 E 2657.05 feet to the southeast corner of Section 17, Township 44 South, Range 24 East; thence run along the easterly line of Section 17 N 000 57' 33 11 E 2718.39 feet to the easterly quarter corner of Section 17, Township 44 South, Range 24 East; thence continue along said section line N 000 57' 13 E 2717.95 feet to the southeast corner of Section 8, Township 44 South, Range 24 East; thence run along the easterly line of said Section 8 N 000 05' 45 E 2651.79 feet to the quarter corner common to Section 8 and Section 9; thence run along southerly line of the west 1/2 of the west 1/2 of the northwest 1/4 (W 1/2 W 1/2 NW 1/4) of said Section 9 S 890 23' 14 E 652.01 feet to

No additional detail provided

Tagged Passions:legal, military, Utility, watershed, public records, utility, zoning, housing, and water

1
the southeasterly corner of said fractional section; thence run along the easterly line of said fractional section NOaa 11' 15 E 2657.10 feet to the northeasterly corner of said fractional section, said corner being also a point on the centerline of Pondella Road and the s'outheasterly corner of the southwest 1/4 of the southwest 1/4 of the southwest 1/4 (SW 1/4 SW 1/4 SW 1/4) of Section 4, Township 44 South, Range 24 East; thence run along the easterly line of said fractional section N 050 04' 12 W 678.83 feet to the northeasterly corner of said fractional section; thence run along the southerly line of the northeast 1/4 of the southwest 1/4 of the southwest 1/4 (N E 1/4 SW 1/4 SW 1/4) and the northwest 1/4 of the southeast 1/4 of the southwest 1/4 (NW 1/4 SE1/4 SW 1/4) of said Section 4 S 890 44' 12 E 1310.84 feet. to the southeasterly co'rner of said fractional section; thence run along the easterly line of ' said fractional section N 040 41' 21 W 679.25 feet to t e northeasterly corner of said fractional section; thence run along the northerly line of said fractional section N a90 46' 05 W 657.06 feet to the northwesterly corner of said fractional section; thence run along the easterly line of the southeast 1/4 of the northwest 1/4 of the southwest 1/4 (SE 1/4 NW 1/4 SW 1/4) of said Section 4 N 040 55' 46 W 653.94 feet to a point on the southerly right-of-way line of Orchid Road (50 feet wide); thence run along said southerly right-of-way line N 890 41' 58 W 708.85 feet to a point on the westerly right-of-way line of said Orchid Road; thence run along said westerly right-of-way line N 050 04' 12 W 703.88 feet to a point on the east-west quarter section line of said Section 4; thence continue to run along said westerly right-of-way line N 050 04' 02 W 559.02 feet to a point of intersection with the southerly right-of-way line of State Road 78 (Pine Island Road) thence run along said southerly right-of-way line S 620 . 00' 45 W 660.26 feet to a point of intersection with the westerly line of the northwest 1/4 (NW 1/4) of said Section 4; thence run along the westerly line of said northwest 1/4 (NW 1/4) N 050 11' 49 W 79.18 feet to a point on the northerly right-of-way line of said State Road 78; thence run along said northerly right-of-way N 620 00' 45 E 2149.23 feet to, a point on the westerly line of the east 1/2 of the east 1/2 of the northwest 1/4 (E 1/2 E 1/2 NW 1/4) of said Section 4; thence run along said westerly line of said fractional section N 040 48' 31 W 1370.99 feet to the northwesterly corner of said fractional section; thence run along the northerly line of said fractional section N 890 48' 10 E 666.11 feet to the north quarter corner of said Section 4, thence run along the northerly line of the northeast 1/4 (NE 1/4) of said Section 4 S 890 59' 43 E 3.37 feet to a point on the easterly right-of-way line of Corbett Road as maintained, said point being also a non-tange'nt point on a curve; thence run southerly along said easterly right-of-way line on a curve concave'to the west having for its elements a central angle of f1 0 50' 29 , a radius of 1,242.00 feet and a chord bearing and distance S 100 02' 39 E 256.23 feet and arc distance of 256.69 feet; thence continue to run along said easterly right-of-yvay line S 040 01' 24 E 687.23 feet; thence continue to run along said easterly right-of-way line S 140 08' 29 E 78.18 feet to a point of intersection with the northerly right-of-way of said State Road 78; thence run along said northerly right-of-way line N 620 00' 40 E 1254.38 feet to a Florida Department of Transportation right-of-way nlarker; thence run N 270 59' 20 W'17.00 feet to ,a Florida Department of Transportation right-of-way marker; thence run N 620 00 40 E 650.11 feet to a point on the westerly bank of Yellow Fever Creek; thenc run northwesterly along said bank N 51 0 33' 07 W 128.10 feet; thence run N 000 00' 17 E 25.00 feet on a line perpendicular to the northerly line of said Section 4 to a point on' said northerly line; thence run along said northerly line S 890 59' 43 E 290.00 feet to the southeasterly corner of the southwest 1/4 of the southeast 1/4 of the southeast 1/4 (SW 1/4 SE 1/4 SE 1/4) of Section 33, Township 43 South, Range 24 East; thence run along the easterly line of said fractional section N 030 iT 47 E 664.33 feet to the northeasterly corner of said fractional section; thence run along the northerly line of said fractional section S 890 59' 22 W 165.47 feet to a point on the easterly line of the west 1/2 of the east 1/2 of the west 1/2 of the east 1/2 of the southeast 1/4 (W 1/2 E 1/2 W 1/2 E 1/2 SE 1/4) of said Section 33, thence run along said easterly iine of said fractional section N 030 15' 23 E 1064.81 feet to an intersection with a line 400.00 feet north of and parallel to the northerly line

Tagged Passions:streets and transportation

2
of the southeast 1/4 of the southeast 1/4 (SE 1/4 SE 1/4) of said Section 33, thence run along said parallel line N 890 58' 31 E 831.05 feet to a point of intersection with the easterly line of the southeast 1/4 (SE 1/4) of said Sec'tion 33; thence run along said easterly line of said fractional section N 030 21' 20 E 928.61 feet to the east quarter (E 1/4) corner of said Section 33, thence run along the northerly line of said fractional section S 890 56' 48 W 2002.29 feet to the southeasterly corner of the west 1/2 of, the southwest 1/4 of the northeast 114 (W 1/2 SW 1/4 N E 1/4) of said Section 33; thence run along the easterly line of said fractional section N 020 58' 38 E 1279.00 feet to an intersection with the south line of the north 50.00 feet of the

west 1/2 of the southwest 1/4 of the northeast 1/4 (W 1/2 SW 1/4 N E 1/4) of said , Section 33; thence run'S 890 54' 53 W 670.98 feet to a point 50.00 feet southerly of the northeasterly corner of the southeast 1/4 of the northwest 1/4 (SE 1/4 NW 1/4) of said Section 33; thence run S 890 54' 43 W 327.24 feet on a line parallel to and 50.00 feet southerly of the northerly line of said fractional section to the approximate centerline of said Yellow Fever Creek; thence run along the centerline of said Yellow Fever Creek N 680 31' 19 W 136.63 feet to a point on the northerly line of said fractional section; thence run along the northerly line of said fraction 1 section S 890 54' 43 W 948.45 feet to a point of intersection with the westerly right-of-way line of Corbett Road as maintained, said point being also a non-tangent point on a curve; thence run northerly along said westerly right-of-way line on a curve concave to the west having for its elements a central angle of 020 33' 48 , a radius of 1800.75 feet and a chord bearing and distance N 000 21' 52 E 80.56 feet an arc distance of 80.56 feet; thence continue to run along said westerly right-of-way line N 000 55',02 W 1171.19 feet; thence continue to run along said westerly right-of-way line N 450 27' 29 W 70.21 feet to a point of intersection with the southerly right-of-way line of Littleton Road; thence run along said southerly right-of-way line S 890 28' 59 W 1161.53 feet to the northeasterly corner of a 'parcel of land conveyed to the Lee County Electric Cooperative in Official Record Book 322, at Page 678, Public Records of Lee County, Florida; thence run along the easterly Une of said parcel S 000 04' 18 E 217.00 fe/et to the southeasterly corner of said parcel; thence run along the southerly line of said parcel S 890 52' 45 W 230.00 feet to the southwesterly corner of said parcel being also a point on the westerly line of said Section 33; thence run along the westerly line of said parcel and said Section 33 N 000 04' 18 W 250.00 feet to the corner common to Sections 28, 29, 32 and 3'3, Township 43 South, Range 24 East; thence run along the easterly line of said Section 29 N 000 08' 09 W 2644.34 feet to the east quarter corner of said Section 29, being also the southeasterly corner of the east 1/2 of the southeast 114 of the northeast 114 (E 1/2 SE 1/4 NE 1/4) of Section 29, thence run along the southerly line of said fractional section S 890 51' 23 W640.23 feet to the southwesterly corner of said fractional section; thence run along the westerly line of said fractional section N 01 0 20' 06 E 1308.58 feet to the northwesterly corner of said fractional section; thence run along
Tagged Passions:property, streets, public records, and electric

, the northerly line of said fractional section N 890 38' 23 E 607.03 feet to the northeasterly corner of said fractional section; thence run along the easterly line of the northeast 1/4 of the northeast 1/4 (NE 1/4 NE 1/4) of said Section 29 N 000 aT 09 W 1310.44 feet to the section corner common to the northeast corner of Section 29 and the northwest corner of Section 28; thence run along the section line common to Section 21 and Section 28, Township 43 South, Range 24 East N 88 35' 49 E 2974.04 feet to the south quarter corner of said Section 21; thence continue along_ said south line S 89 50' 03 E 2639.03 feet to the southeast corner of said Section 21, Township 43 South, Range 24 East; thence run along the easterly line of said Section 21 N 00 01' 09 W 141'7.16 feet; thence leaving said easterly section line run northeasterly N 74 20' 03 E 1201.67 feet to the westerly right-of-way line of Highway U.S. 41; thence run northwesterly along said right-of-way line N 15 39' 57 W 200.00 feet; thence continue along said right-of-way line N 74 20' 03 E 32.00 feet and N 15 39' 57 W 270.00 feet; thence run southwesterly leaving said right-of way line S 74 20' 03 W 1102.03 feet to the easterly section line of said Section 21; thence run northerly along the easterly section line of said Section 21 N 00 01' 09 W 683.87 feet to the easterly quarter corner of said Section 21; thence continue along the easterly line of said Section 21 N 01 21' 35 E 2242.82 feet; thence run

3
northeasterly through Section 22, Township 43 South, Range 24 East N 74 24' 02 220.03 .feet to the westerly right-of-way line of Highway U.S. 41; thence run

northwesterly along the said westerly right-of-way line of Highway U.S. 41 along the arc of a curve concave to the southwest having for its elements a central angle of 03 26' 01 , a radius of 5629.58 feet and a chord bearing and distance N 24 21' 15H W 337.52 feet an arc distance of 337.52 feet; the'nce continue along said right-of way line N 26 04,' 18 W 35.44 feet to a point where the north line of said Section 22 intersects said westerly right-of-way line of Highway U.S. 41; thence run westerly along. the north line of said Section 22 S 89 41' 33 W 47.73 feet to the northeast corner of Section 21, Township 43 South, Range 24 East; thence run along the north line of said Section 21 N 89 56' 18 W 2622.98 feet to the north quarter corner of said Section 21; thence continue along the north line of said Section 21 S 89 ,04' 55 W 3058.71 feet to the southeast corner of Section 17, Township 43 South, Range 24 East; thence run along the east line of said Section 17 N 000 35' 56 E 2688.17 feet to the easterly quarter corner of said Section 17; thence continue along said easterly line N 000 25' 24it W 2667.70 feet to the northeast corner of said Section 17; thence run along the north line of said Section 17 S 880 21' 19 W 2349.04 feet to the north quarter corner of said Section 17; thence continue along the north line of said Section 17 N 880 40' 41 W 2644.88 feet to the northeast corner of Section 18, Township 43 South, Range 24 East (According to Ordinance 24-05); thence run along the east line of Section 7, Township 43 South, Range.24 East (N02 32'18 W 2689.72 feet to the east quarter corner of said Section 7; thence N02 03'33 E 2639.48 feet to the southwest corner of Section 5, Township 43 South, Range 24 East; thence S89 40'24 E 2266.64 feet to the south quarter corner of said Section 5; thence N89 52'14 E 1682.06 feet along the south line of said Section 5; Thence NOoo07'46 W 80.00 feet I.eaving the south line of said Section 5; thence N26 03'58 1W 978.56 feet; thence N89 52'14 E 1479.33 feet to an intersection with the west right of way line of Highway U.S. 41; thence N26 03'58 W 4224.76 feet along said west right of way line to a point of curvature of a curve concave to the southwest having a radius of 7479.44 feet; thence along said curve to the left a distance of 509.47 feet through a central angle of 03 54'10 , said curve is subtended by' a chord which bears N28 01 '03 W a distance of 509.37 feet to the point of tangency; thence N29 58'08 W a distance of 1 90.24 feet along said west right of way line to an intersection with the north line of said Section 5; thence S89 33'12 W a distance of 73.31 feet to the north qLlarter corner of said Section 5; thence S89 39'10nWa distance of 2620.15 feet along said north line to the northwest corner of said Section 5, Township 43 South, Range 24 East; thence S 01 13' 48;' W 2695.14 feet along the west line of said Section 5 to the west quarter corner; thence S01 12'25 W 1326.20 feet to the northeast corner of the east one half of the southeast one quarter of the southeast one quarter of Section 6, Township 43 South, Range 24 East; thence N88 38'47 W 665.50 feet along the north line of said fractional section line to the northwest corner of the east one half of the southeast one quarter of the southeast one quarter of Section 6, Township 43 South, Range 24

. East; thence S01 12'20 W 1338.36 feet along the west line of said fractional section line to the southwest corner of the east one half of the southeast one quarter of the
Tagged Passions:ordinance

. southeast one quarter of Section 6, Township 43 South, Range 24 East, and a point on the south line of sa-id Section 6; thence N89 41 '37 W 1996.65 feet along said south line of said Section 6 to the south quarter corner; thence N85 33'54 W 2746.91 feet along said south line of said, Section 6 to the southwest corner; thence S00047'36 W 2668.99 feet along the west line of Section 7, Township 43 South, Range 24 East to the west quarter corner of said Section 7; thence SOo047'07 W 2669.11 feet along the west line of said Section 7 to the northwest corner of said Secti,On 18; thence run along the west line .of said Section 18 S 000 20' 44 W 2711.35 feet to the west quarter corner of said Section 18; thence continue along said westerly line of Section 18 S 000 44' 56 W 2661.05 feet to the northwest corner of Section 19, Township 43 South, Range 24 East; thence run along the westerly line of said Section 19 S 01 0 04' 45 W 2690.55 feet to the west quarter corner of said Section 19; thence continue along said west line S 000 08' 13 E 2652.21 feet to the northeast corner of Section 25, Township 43 South, Range 23 East; thence run along the north line of said Section 25 S 890 .39' 26 W 2647.24 feet to the north quarter corner of said Section 25; thence continue along said north line S 890 25' 38 W

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2658.91 feet to the southeast corner of Section 23, Township 43 South, Range.23 East; thence run along the easterly line of said Section 23 N 000 26' 31 E 2274.82 feet; thence run through Section 23 S 620 46' 04 W 4939.09 feet to the north line of Section 26, Township 43 South, Range 23 East; ,thence run along the 'north line of said Section 26 N 890 48' 30 W 940.88 feet to the northwest corner of said Section 26 and the northeast corner of Section 27, Township 43 South, 'Range 23 East; thence (according to Ordinance 98-07) run along, the east line of the southeast quarter of the southeast quarter of Section 22, Township 43 South, Range 23 East NOo025'16 E 1340.90 feet to the northeast corner of said fractional section; thence . run N89 41 '51 W 1334.68 feet along the north line of said fractional section to the northwest corner of said fractional section; thence (according to Ordinance 26-05) N89 41 '44 W 1334.61 feet along the north line of the .southwest quarter of the southeast quarter of said Section 22 to the northwest corner of said fractional section; thence NOoo11'47 E 1342.33 feet along the east line of the southwest quarter of said Section 22 to the northeast corner of said southwest quarter; thence N89 40'08 W a distance of 2007.41 feet along the north line of said southwest quarter; thence SOoo01 '21 E 1343.42 feet along a line parallel with the west line of the southwest quarter of said Section 22 to a point on the north line of the southwest quarter o(the southwest quarter of said Section 22; thence S89 41 '59 E 667.42 feet along the north line of the southwest quarter of the southwest quarter of said Section 22 to the northeast corner of said fractional section; thence SOoo05'13 W 1343.05 feet along the east line of said fractional section to the southeast corner of said fractional section, and a point on the south line of said Section 22; thence N89 43'50 W 1332.28 feet along said south line to the southwest corner of said Section 22, Township 43 South, Range 23 East; thence (according to Ordinance 25-05) NOOoO1 ;21 W 2687.55 feet along the east line of the southeast quarter of Section 21, Township 43 South, Range 23 East to the northeast corner of said southeast quarter; thence N00001 '32 W 2687.92 feet along the east line of the northeast quarter of said Section 21 to the northeast corner of said Section 21; thence S89 41 '37 W 2717.50 feet along the north line of the northeast quarter of said Section 21 to the northwest corner of said fractional section; thence S89 42'10 W 1916.51 feet along said north line of said Section 21; thence S54 17'36 W 118.09 feet leaving said north line of said Section 21; thence S78 20'38 W 301.91 feet; thence S15 21'13 W 262.95 feet; thence S18 10'46 E 451.89 feet; thence S33 57'11 W 319.46 feet; thence S35 48'07 W 468.40 feet; thence N66 47'49 W 42.84 feet to a point on the west line of the northwest quarter of Section 21, Township 43 South, Range 23 East; thence continuing N66 47'49 W 377.85 feet into the northeast quarter of Section 20, Township 43 South, Range 23 East; thence S18 49'16 W 468.74 feet; thence' S08 13'52 W 274.82 feet; thence S04 42'08 E 209.62 feet; thence S89 37'02 W 1504.13 feet along the south line of the north 135 acres of the: east half of said Section 20; thence N14 07'22 W 309.02 feet; thence N04 51'51 W 328.57 feet; thence N30046'26''E 373.82 feet; thence N47 37'42 E 418.12 feet; th nce N52 52'36 E 419.74 feet; thenceN29 30'00 E 428.71 feet; thence N49 17'46 W 233.40 feet; thence N15 46'07 W 212.80 feet to a point on the north line of Section 20, Township 43 South, Range 23 East; thence continuing N15 46'07 W 89.89 feet into Section 17, Township 43 South, Range 23 East; thence N55 38'13 E 549.53

No additional detail provided

Tagged Passions:ordinance

. feet; thence N42 55'12 E 375.71 feet; thence N13 01 '14 W 493.30 feet; thellce N63 35'28 E 412.89 feet; thence S82 04'31 E 408.21 feet to a point on the east line of said Section 17; thence NOoo53'51 E 1425.75 feet along said east line to the east quarter corner of said Section 17; thence NOo054'06 E 2697.18 feet along said east line to the northeast corner of said Section 17; thence S88 35'09 W 2674.19 feet along the north line of the northeast quarter of said Section 17 to the north quarter corner of said Section 17; thence SOoo47'41 W 5345.30 feet along the west line of the east half of said Section 17 to the south quarter corner of said Section 17; thence S89 37'06 W 2663.07 feet along the south line of the southwest quarter of said Section 17 to the southeast corner of Section 18, Township 43 South, Range 23 East; thence run along the easterly line of said Section 18 N 000 18' 15 E 2648.42 feet to the east quarter corner of Section 18; thence continue along said east line N 000 18' 1611 E 2648.42 feet to the southeast corner of Section 7, Township 43 South, Range 23 East; thence run along the easterly line of said Section 7 N 01 0 57' 06 E 2827.30 feet to the east quarter corner of said Section 7; thence continue along said east line of Section 7 N 01 0 57' 06 E 2827.30 feet to the northeast corner of Section

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7; thence (according to Ordinance 71-83) run along the easterly line of Section 6, Township 43 South, Range 23 East N 000 41' 35 E 830.69 feet; thence run S 880 22' 20 W 5302; 18 feet to a point common to said Section 6, Township 4 South, Range 23 East and Section 1, Township 43 South, Range 22 East; thence run N 890 35' 23 W 2733.91 feet more or less to the shoreline of Charlotte Harbor; thence run along the shore line of said Charlotte Harbor the following courses and distances: S 180 00' 34 W 894.01 feet, S 130 28' 18 W 1135.63 feet, S 050 47' 14 W 908.22 feet, S 030 53' 52 W 1197.51 feet, S 660 19' 18 W 200.00 feet, S 160 11' 40 W 1787.75 feet, S 17 40' 32 W 4457.28 feet and S 330 22' 03 W 1924.16 feet to a point near the north line of Section 23, Township 43 South, Range 22 East; thence continue along said shore line S 300 50' 38 W 3276.08 feet, S 190 52' 56 W 2623.35 feet, S 100 10' 52 W 1577.19 feet, S 020 08' 07 W 2698.19 feet; thence continue S 190 40' 48 W 2124.71 feet crossing what would be the extension of the section line between Sections 26 and 35, Township 43 South, Range 22 East; thence continue along said shore line S 070 29' 59 E 1864.60 feet, S 290 48' 07 W 2384.34 feet; thence continue along said shore line S 120 06' 44 W 737.70 feet crossing the extension westerly of the township line between Township 43 South, Range 22 East and Township 44 South, Range 22 East; thence continue along said shore line the following courses and distances: S 040 05' 57 W 1525.02 feet, S 21 0 32' 31 W 1337.22 feet, S 000 24' 49 E 1740.33 feet; S 130 12' 58 E 1353.91 feet, S 330 07' 01 E 2424.76 feet, S 51 0 56' 04 E 2427.21 feet, S 120 24' 44 W 1036.04 feet, S 490 20' 49 E 1750.88 feet, S 620 25' 52 E 2536.69 feet,. S 01 0 55' 58 W 1221.26 feet, S 530 3 2' 24 E 1650.19 feet a'nd S 800 00'11 E 213.96 feet to the northwest corner of Matlacha Shores (Plat Book 10, Page 29 of the Lee County Public Records); thence run along the boundary of said Matlacha Shores and Matlacha Isles the following courses and distances: S 890 17' 45 E 595.00 feet, S 090 33' 45 E 662.10 feet, S 890 17' 45 E 708.50 feet to the northwest corner of Matlacha Isles; thence continue S 890 17' 45 E 24.76 feet, N 630 04' 15 E 1089.98 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 1239.93 feet and a chord bearing and distance N740 ai' 00 E 470.87 feet to a point not tangent to said curve; thence run NOaa 01' 25 W 178.21 feet, N 890 58' 35 E 214.76 feet to the range line lying between Section 13 of Township 44 South, Range 22 East and Section 18, Township 44 South, Range 23 East; thence run through said Section 18 along the arc of a curve to the right having a radius of 148.03 feet arid a chord bearing and distance S 420 56' 17.5 E 216.83 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 265.56 feet and a chord bearing arid distalZlce of S 330 51' 09 E 327.05 feet to a point of tangency; thence continue S 71 0 51' 08 E 817.78 feet, N 000 14' 24 E 1110.44 feet, S 890 45' 36 E 1370.00 feet, S 000 14' 24 W 105.00 feet, S 890 45' 36 E 55.00 feet, S 000 14' 24 W 1523.09 feet to a non-tangent point of curve; thence run along the arc of a curve to the left having a radius of 1104.43 feet and a chord bearing and distance S 790 59' 50 E 10.14 feet to a point on said curve; thence run S 000 14' 24 W 65.19 feet to the south quarter corner of Section 18, Township 44 South, Range 23 East; thence run along the, southerly line of said Section 18,Township 44 South, Range 23 East S 890 50' 18 E 2642.45 feet to the southwest corner of Section 17, Township 44 South, Range 23 East; thence run along the south line of said Section 17 S 890 38' 02 E 5393.24 feet to the southwest corner of Section 16, Township 44 South, Range 23 East (said point being the Point of Commencement for Ordinance 99-02); thence run along the south line of said Section 16 N 870 41' 52 E 2004.48 fe,et to the northeast corner of the west half of the northeast quarter of the northwest quarter (W 1/2 NE 1/4 NW 1/4) of Section 21 Township 44 South, Range 23 East; thence run along the easterly line of the west half of the northeast quarter of the northwest quarter (W 1/2 NE 1/4 NW 1/4) of Section 21 S 000 29' ,17 E 1339.31 feet to the southeast corner of said fractional section; thence run along the southerly line of said fractional section S 870 41' 33 W 664.19 feet to the southwest corner of said fractional section; thence run along the we terly line of the southeast 1/4 of the northwest 1/4 (SE 1/4 NW 1/4) of said

Tagged Passions:ordinance, boating, ports, public records, and zoning

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Section 21 S 000 35' 35 E 1379.68 feet to the northeast corner of the north 1/2 of the north 1/2 of the northwest 1/4 of the southwest 1/4 (N 1/2 N1/2 NW 114 SW 1/4) of said Section 21; thence run along the easterly line of said fractional section S 000 35', 35 338.64 feet to the southeast corner of said fractional section; thence run along the southerly line of said fractional section S 890 23' 58 W 693.70 feet to the. southeast corner of the north 1/2 of the northwest 1/4 of the northwest 1/4 of the southwest 1/4 (N 1/2 NW 1/4 NW 1/4 SW 1/4) of section 21; thence (according to Ordinance 50-90') run along the east line of said fractional.section N 0'1 0 24' 32 W 333.33 feet; thence run along the north line of said fraction'al section S 890 22' 44 W 676.10' feet to the northwest corner of the southwest 1/4 of s ction 21; thence run along the west line of the southwest 1/4 of section 21 S 0'1 0 47' 17 E 1330.29 feet to the northeast corner of the south 1/2 of the southeast 1/4 (S 1/2 SE 1/4) of Section 20, Township 44 South, Range 23 East; thence (according to Ordinance 51-88) run along the northerly line of said fractional section S 890 46' 18 W 1327.07 feet to the southeast corner of the northwest 1/4 of the southeast 1/4 (NW 1/4 SE 1/4) of said Section 20; thence run along the easterly line of said fractional section N 020 11' 08 W 1330.06 feet to the southeast corner of the southwest 1/4 of the northeast 1/4 (SW 1/4 NE 1/4) of said Section 20; thence run along the easterly line of said fractional section N 01 0 12' 0011 W 1339.18 feet to a point on the southerly line of a parcel described in Ordinance No. 51-88 as lithe north half (N 1/2) of the northeast quarter (NE 1/4) less the easterly 880 feet, and less the northerly 33 feet for road right-of way, in Section 20, Township 44 South, Range 23 East, Lee County, Florida ; thence run along the southerly line of. said parcel N 890 -42' 24 E 453.87 feet to the southeast corner of said parcel; thence run along the easterly line of said parcel N 000 34' 09 W 1306.81 feet to the northeast corner of said parcel; being also a point on the southerly right-of-way line of State Road 78 (Pine Island Road); thence run along the northerly line of said parcel and the said southerly right-of-way line S 890 38' 02 W 1816.24 feet to the northwest corner of said parcel; thence run along the westerly line of the northeast 1/4 (NE 1/4) of said Section 20, being also the easterly line of Royal Tee Subdivision as recorded in Plat Book 37, at pages 1 through 19, 'Public Records of Lee County, Florida, S 01 0 50' 00 E 2675.18 feet to the southwest corner of said fractional section; thence run along the westerly line of the north 1/2 of the northwest 1/4 of the southeast 1/4 (N 1/2 NW 1/4 SE 1/4) of said Section 20, being also the easterly line of said Royal Tee Subdivision S 01 0 50' 45 E 665.24 feet to the northwest corner of the south 1/2 of the northwest 1/4 of the so'utheast 1/4 (S .1/2 NW 114 SE 1/4) of said Section 20; thence run along the northerly line of said fractional section N 890 47' 10 E 30.00 feet to a point of intersection with a line 30.00 feet east of and parallel to the westerly line of said fractional section; thence rLin along said parallel line S 01 0 50' 45 E 665.24 feet to a point of intersection with the northerly line of the south 1/2 of the southeast 1/4 (S 1/2 SE 1/4) of said Section 20; thence run along the northerly line of said fractional section S 890 46' 18 W 30.00 feet to the northwest corner of said fractional section, being also a point on the easterly line of said Royal Tee Subdivision; thence run along the westerly line of said fractional section and the easterly line of said Royal Tee Subdivision S 01 0 50' 45 E 1330.47 feet to the southwest corner of said fractional section; thence run westerly along the section line between the southwest 1/4 (SW 1/4) of said Section 20 and the northwest 1/4 (NW 1/4) of Section 29, Township 44 Bouth, Range 23 East and along the section line between Sections 19 and 30, Township 44 South, Range 23 East a distance of 7,485.65 feet to the. shore line of Matlacha Pass and the Point of Beginning of the herein described territorial limits. Bearings used herein are the same as the bearing system used for the applicable Public Records of Lee County, Florida.

Tagged Passions:property, streets, ordinance, subdivision, public records, and zoning

Ordinance 99-2002: A parcel of land situated in the NE1/4 of the NE1/4, Section 20, and the NW1/4 of Section 21 all within Township 44 South, Range 23 East, Lee County, Florida, and being more particularly described as follows:

Tagged Passions:property and ordinance

Commencing at the corner common to Sections 16, 17, 20, and 21, Township 44 South, Range 23 East; Thence SOO 11' 36 W a distance of 33.00 feet along the Section line common to said Sections 20 and 21 to a point on the South right of way line of Pine Island Road and the point of beginning; Thence continuing

Tagged Passions:streets

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SOOO 11' 36 W a distance of 7.04 feet to a point on the South right of way line of Pine Island,Road; Thence N87 44' 40 E a distance of 1466.78 feet to a point on the South right of way line of Pine Island Road; Thence SOOo 12' 53 a distance of 1311.18 feet to a point on the South line of the North one 11alf of the Northwest one quarter (N1/2NW1/4) of said section 21; Thence S88 09' 29 W a distance of 1475.72 feet along tht,? last described line to the Southwest corner of the Northwest one quarter of . the Northwest one quarter (NW1/4NW1/4), of said section 21; Thence N89 28' 53 W a distance of 880.01 feet along the South line of the North one half of the Northeast one quarter (N1/2NE1l4), of said section 20; Thence NOOo 11' 36 E a distance of 1306.31 feet to an intersection with the South righ of way line of Pine Island Road; Thence S89 35' 09 E a distance of 880.01 feet along the last described line to the point of beginning, said parcel containing 70.4895 Acres,more or less.

INCLUDING THERETO THE FOLLOWING NON-CONTIGUOUS ANNEXED PARCELS:

Tagged Passions:property, streets, and annexation

N.t.T. 1.: Ordinance No. 1-88; the west 1/2 of the east 1/2 of the northeast 1/4 of the northeast 1/4 (W 1/2,E 1/2 NE 1/4 NE 1/4) of Section 19, Township 44 South, Range 23 East, Lee County, Florida, less the north thirty-three (33) feet for right-of-way of Pine Island Road.

No additional detail provided

Tagged Passions:streets and ordinance

N.C.T. 2.: Ordinance No. 72-88; Lot 18 of tract 2, of a recorded map, being the west 1/2 of the east 1/2 of the east 1/2 of the northeast 1/4 of the northeast 1/4(W 1/2 E 1/2 E 1/2 NE 1/4 NE 1/4) of Section 19, Township 44 South, Range 23 East, described as follows: Beginning at the paint marked by concrete monument marked , 18 A 49 at south line of right-of-way of State Highway No. 78 ,and running southerly 1294.3 feet, thence running easterly 164 feet, thence running northerly 1295 feet to south line of right-of-way of Highway 78, thence westerly along said right-of-way line 165 feet to Point of Beginning. Said parcel contains 5 acres, more or less.

No additional detail provided

Tagged Passions:property, ordinance, and monuments

N.C.T. 3.: Ordinance No. 73-88; the east 1/2 of the east 1/2 of the west 1/2 of the northwest 1/4 of the northwest 1/4 (E 1/2 E 1/2 W 1/2 NW 1/4 NW 1/4) of Section 20, ,Township 44 South, Range 23 East, Lee County, Florida. Less road right-of-way for Pine Island Road (State Road 78) across the north 33.00 feet thereof.

No additional detail provided

Tagged Passions:streets and ordinance

N.C.T. 4.: Ordinance No. 09-04; A tract or parcel of land situated. in the State of Florida, County of Lee, lying in Section 3 and 4, Township 44 South, Range 24 East, being further bounded and described as follows:

Lot 22, less the south 20.00 feet, Lot 27 and Lot, 33A, Mariana Park Third Addition, as recorded in Plat Book 12, at Page61, of the Public Records Lee County, Florida. And

Tagged Passions:property, ordinance, public records, parks, and zoning

Beginning at the southwest corner of the northwest quarter of said Section 3, also being the southeast corner of the northeast quarter of said Section 4; thence S89 58'48 W Along the south line of said northeast quarter of Section 4, for 1313.24 feet to the easterly right-of-way line of Barrett Road, being ,the west line of the southeast quarter of said northeast quarter; thence N04 33'11 W, along said right-of way line and said west line, for 2132.73 feet to the southerly right-of-way line of Pine Island Road (State Road 78); thence N61 59'54 E, along said southerly right of way line, for 593.71 feet to the point of curvature of a curve to the right, having a radius of 1879.27 feet, a central angle of 26 15'18 , a Chord bearing of N75 07'33 E, and a chord length of 853.64 feet; thence along said southerly right of way line and the arc of said curve for an arc length of 861.15 feet to the end of said curve; thence N01 45'25 W: along said right of way line for 3,1.67 feet to the beginning of a non tangent curve to the right, having a radius of 2814.79 feet, a central angle of 01 52'49 , a chord bearing of N89 05i 53 E And a chord length of 92.38 feet; thence along said right of way line and the arc of .said curve for an arc length of 92.38 feet to the point of tangency of said Curve; thence S89 57'42 E Along said right of way line, for 1171.62 feet; thence S05 18'56 E, along the westerly boundary of Mariana Park Third Addition, a subdivision, as recorded in Plat Book 12, Page 61, Lee County Public Records, for 2680.75 feet to the comnlon corner of Lot 33A and Lot 33, said Mariana Park Third Addition; thence S03 21'52 E, along the westerly boundary of said Lot, 33A for 50.12 feet to the southwest corner of said Lot ; thence

Tagged Passions:streets, subdivision, public records, parks, and zoning

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S89 26'21 11E Along the outh line of said Lot 33A and an easterly prolongation thereof (said prolongation being the southerly right of way line of Evergreen Road); for 351.72 feet to an intersection with a line lying 25.00 feet westerly of (as measured on a perpendicular) the west line of Lot 34, said Mariana Park Third Addition; thence 03 22'16 E, along said parallel line, for 300.24 feet to an intersection with a westerly prolongation of the south line of said Lot 34; thence S89 25'56IlE Along said westerly prolongation and the south line of Lots 35 through 38, said Mariana Park Third Addition, for 753.16 feet to the west right-of.-way line of Brown Road, being a 50 foot wide county road as described in Deed Book 273' at, Page 447, said Public Records; thence S02 19'16i'E, along said west right-of-way ,line for 325.39 feet to an intersection with a line lying 25.00. feet northerly of (as measured on a perpendicular) the north line of Judd Park, as described in Deed Book 302, Page 181, said Public Records; thence N89 33'46 W, along said parallel line, for 370.00 feet to an intersection with a northerly prolongation of the westline of said Judd Park; thence south along said northerly prolongation and said west line, to the centerline of the waters of Hancock Creek; thence westerly, northwesterly and northerly along' the said centerline to an intersection with north line of the southwest quarter of said Section 3; thence N89 26'21 W Along said north line for 360 feet, more or less, to the Point of Beginning.

, Bearings are based on the south line of the southwest quarter of Section 4, Township 44 South, Range 24 East, Lee County, Florida, as bearing S89 58'48 W And: Ordinance 130-20.04 as Amended by Ordinance 41-05 adopted 4/4/0.5
Tagged Passions:streets, ordinance, Utility, public records, parks, utility, and water

A
tract or parcel of land lying in the southeast one-quarter of Section 5, Township 44 South, Range 24 East,Lee county, Florida; being more particularly described as follows:

Tagged Passions:property

Commence at the southeast corner of said Section 5; Thence ND5 13'33 W along the east line of Section 5, Township 44 South, Range 24 East for 40.21 feet to the northerly right-of way line of Pondella Road; Thence along said right of way line, N 89 24'47 W for 719.98 feet; Thence NOD033'19 E for 28.71 feet to The Point of Beginning of the hereinafter described tract of land:

Said Point of Beginning being th point of curvature of a non-tangent curve concave southerly having: a radius of 8,0.64.50 feet, a central angle of 0.4 03'44 , a radial bearing and' distance of SQ4 38'56 W, 8,064.50 feet, and a chord bearing and distance of N87 22'56 W, 571.64 feet; Thence along the arc of said curve, and along the northerly right of way line of Pondella Road the following courses and distances; a distance of 571.76 feet to the point of tangency of said curve; Thence N89 24'47 W a distance of 144.71 feet; Thence SOo035'13 W a distance of 14.20. feet; Thence N89 24'47 W a distance of 240..0.0. feet; Thence NOQ035'13 E a distance of 14.20. feet; Thence N89 24'47 W a distance of 480.0.0 feet; Thence, leaving the aforesaid right of way line, NDQ035'13 E a distance of 1 ,261.20 feet; Thence S89 24'47 E a distance of 716.62 feet; Thence NOo035'13 E a distance of 907.40 feet to the southerly rig'ht of way line of Pine Island Road (S.R. 78), said point being the point of curvature of a non-tangent curve concave southerly having a radius of 11,497.00 feet, and a central angle of 00. 16'26 , a radial bearing and distance of , S22 0Q'45 E, 11,497.0.0. feet, and a chord bearing and distance of N68 Q7'28 E. 54.98 feet; , Thence along the arc of said curve a distance of 54.98 feet to the point of reverse curvature of a curve concave northerly having: a radius of 11,703.00 feet and a central' angle of 01 39'57 , a radial bearing and distance of N21 44'19 W, 11,703.00 feet, a chord bearing and distance of N67 25'43 E, 340.22 feet; Thence along the arc of said curve a distance of 340.23 feet, Thence leaving said right of way line S00035'13 W a distance of 1,062.21 feet; Thence S89 24'47 E a distance of 355.76 feet; Thence SOQ035'13 W a distance of 1,281.45 feet to the Point ofBeginning. Parcel contains 49.95 Acres more or less
Tagged Passions:property and streets

NOTE: N.C.T.: Non-contiguous tract within City limits.

9
EXCEPTING THEREFROM THOSE PARCELS OF LAND ELIMINATED FROM THE' INTERIOR TERRITORIAL PORTION OF THE CITY OF CAPE CORAL BY VARIOUS COURT ORDERS, AS FOLLOWS:

A. A parcel of land located in Section 17, Township 44 South, Range 23 East, described as: the east half of the east half of the east half of the southeast quarter of the southeast quarter (E 1/2 E 1/2 E 1/2 SE 1/4 SE 1/4) of Lot 1, T.M. Stevens unrecorded tracts according to a plat on file with the Tax Assessor of Lee County, Florida, in Section 17, Township 44 South, Range 23 East, as described in Parcel 110, Lee County Case No. 71-1137. (Assumed to be E 1/2 E 1/2 E 1/2 SE.1/4 SE 1/4 Section 17) ..
Tagged Passions:property, taxes, legal, Taxes, zoning, and court

B.
Two contiguous parcels of land located in Section 17, Township 44 South, Range 23 East, described as: the east half of the west half of the west half of the southeast quarter of the southwest quarter (E1/2 W 1/2 W 1/2 SE 1/4 SW 1/4), and the west half of the west half of the west half of the southeast quarter of the southwest quarter (W 1/2 W 1/2 W 1/2 SE 1/4 SW 1/4) of said Section 17, Township 44 South, Range 23 East, as parcels of Greater Pine Island Water Company.

C. A parcel of land located in Section 16, Township 44 South, Range 23 East, described as: the west half of the east half of the west half of the southeast quarter of the southwest quarter (W 1/2 E 1/2 W 1/2 SE 1/4 SW 1/4) of said Section 16, as described in Parcel 51, Lee County Case No. 71-1137. D. A parcel of land located in Section 15, Township 44 South, .Range 23 East, described as: Beginning at intersection of centerline of Pine Island Road and East line of Section 15, Township 44 South, Range 23 East; thence north 583 365/1000 (assumed to be 583.365) feet; west 330 feet; south to centerline of road; thence northeasterly to the Point of Beginning, as described in parcel 119, Lee County Case No. 71-1137.
Tagged Passions:property, streets, Utility, utility, and water

E.
Five contiguous parcels of land located in Section 10, Township 44 South, Range 23 East, described as:

Tagged Passions:property

1.
Begin 1514.07 feet, North and 143 feet West of the Southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence West 100 feet; thence North 168.23 feet; thence East 100 feet to the Point of Beginning as described in Parcel 113, Lee County Case No. 71-1137.

No additional detail provided

Tagged Passions:property

2.
From the Southeast corner of Section 10, Township 44 South, Range 23 East, run North 1514.07 feet to the Centerline Proposed Subdivision road; thence west along centerline' 543 feet to Point of Beginning; thence South 168.25 feet; thence west 100 feet; thence north 168.23 feet; thence east 100 feet to the Point of Beginning; less 25 foot easement on north for road right-of-way and 20 feet on south for drainage easement as described in Parcel 114, Lee County Case No. 71-1137.

Tagged Passions:property, streets, subdivision, easement, and stormwater

3.
Begin 1514.07 foot north and 243 feet west of southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence west 100 feet; thence north 168.23 feet; thence east 100 feet to the Point of Beginning as described in Parcel 115, Lee County Case No. 71-1137.

No additional detail provided

Tagged Passions:property

4.
Begin 1514.07 feet north and 343 feet west of the southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence west 100 feet; thence north 168.23 feet; thence east 100 feet to the Point of Beginning as described in Parcel 116, Lee County Case No. 71- 1137.

No additional detail provided

Tagged Passions:property

5.
Begin 1514.07 feet north and 443 feet west of southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence west 100 feet; thence north 168.23 feet; thence east 100 feet to the

No additional detail provided

10
Point of Beginning as described in Parcel 117, Lee County Case No. 71-1137.

Tagged Passions:property

NOTE: Above five parcels known as Whispering Pines.

Tagged Passions:property

F.
Two contiguous parcels of land located in Section 19, Township 43 South, Range 23 East, described as:

Tagged Passions:property

1.
The east half of the southeast quarter of the northwest qUarter < of the southwest quarter; and the west half of the southwest quarter of the northeast quarter of the southwest quarter of Section 19, Township 43 South, Range 23 East as described in Parcel C , Lee County Case No. 71-251. 2. The east half of the southwest quarter of the northeast quarter of the southwest quarter; I and the west half of the southeast quarter of the northeast quarter of the southwest quarter of Section 19, Township 43 South, Range 23 East as described in Parcel 0 , Lee County Case No. 71-251.

Tagged Passions:property

G.
Two contiguous parcels of land located in Section 8, Township 44 South, Range 24 East, described as:

1. A parcel of land in Lee County, in Section 8, Township 44 South, Range 24 East, more particularly described as follows: Begin 40 feet South of the North/East corner of Section 8; thence West 1380 feet along the s6uth right of way line of Pondella Road to the point of beginning; thence continue West 240 feet; thence South 1333.4 feet; thence East 240 feet; thence North to the pOint of beginning as described in parcel 10, Lee County Case No. 71-1137, Less and, excepting from exclusion: The south 370.52 feet of said Parcel 10, voluntarily annexed into the incorporated City of Cape Coral Territorial Limits by Ordinance 20-9p, on April 22, 1996. 2. A parcel of land in Lee County, in Section 8, Township 44 South, Range 24 East, more particularly described as follows: Commence 40 feet South of the North/East corner of Section 8; thence run Westerly along the South line of Pond ella Road for 1620 feet to the point of beginning; thence continue Westerly along said right of-way line 180 feet; thence South 1333.4 feet; thence East 180 feet;' thence run North to the Point of Beginning as described in parcel 11, Lee County Case No. 71-1137 Less and excepting from exclusion: The south 370.52 feet of said Parcel 11, voluntarily annexed into the incorporated City of Cape Coral Territorial Limits by Ordinance 20-96, on April 22; 1996. H. A parcel of land located in Section 8,Township 44 South, Range 24 East, described as the east 1080 feet of the north 1/4 (N 1/4) of Section 8, Township 44 South, Range 24 East.
Tagged Passions:property, streets, annexation, ordinance, and housing

NOTE: The above described east 1080 feet of the North 1/4 (N 1/4) of Section 8, Township 44 South, Range 24 East includes within its imits the following individually and otherwise or elsewhere described excluded parcels:

Tagged Passions:property and housing

1.
Beginning 40 feet South and 690 feet West of the Northeast corner of Section 8, Township 44 South, Range 24 East; thence run west for '390 feet; thence South for 1317 .5 feet; thence East for 390 feet; thence North for 1306.8 feet to the point of beginning as described in parcel E , Lee County Case No. 71-251. 2. Forty-two lots located within Pondella Heights according to a plat recorded in Official Records Book ii, Page 52 and Official Records Book 12, Page 25, Public Records of Lee County, Florida, as described in Parcels No.3, 13, 14, 23, 24, 25, 26, 27,28,29,40,41,42,43,44,45,46,47,48,49,53,54,55, 56, 57, 61, 62,67,68,70,72,74,75,76,77,78,87,90,91,92,99, and 128, Lee County Case No. 71-1137.

Less and excepting from exclusion:

Tagged Passions:property, public records, zoning, and housing

11
Ordinance 119-03: A, tract or parcel of land situated in the State of Florida, Cou ty of Lee, lying in Section 8, Township 44 South, Range 24 East, being a part of the parcels as described in Official Records Book 1993, Page 142, and Official Records Book 1120, Page 1059, Lee County Public Records and being further bounded and described as follows:

No additional detail provided

Tagged Passions:property, ordinance, public records, and housing

Commencing at the northeast corner of said Section 8; thence SOo036'42 E, along the east line of said section for 40.00 feet to the south right-of way line of Pond ella Road; thence continue SOoo36'42 E, along said east line and along the west line of Cape Coral, Unit 17, Plat Book 14, Pag,e 38, said public records, for 935.00 feet to the southeast corner of the parcel as described in Official Records ,Book 2651, Page 123, and to the Point of Beginning; thence continue SOoo36'42 E, along said east line of Section 8 and said west line of Cape Coral, Unit 17 for 351.69 feet; thence S88 10'13 W, along the south line of said parcel as described in Official Records BO'ok 1993, Page 142, and the north line of said Cape Coral, Unit 17, for 690.16 feet, to the southwest corner of said parcel; thence continue S88 10'13 W, along said north line and the south line of said parcel as described in Official Records Book 1120,. Page 1 059 for 43.55 feet; thence N23 47'04 E, for 524.55 feet to the southwesterly corner of Lot 18, Block 1, Pondella Heights Unit 2, Plat Book 12, Page 25, said public records; thence S62 14'14 E, along the southerly line of said Block 1, Pondella Heights Unit 2, for 280.18 feet; thence S80029'28''E,

Tagged Passions:property, streets, public records, zoning, and housing

,along said southerly line for 6.45 feet; thence SOo036'42 E, along the west line of Lot 14, Block 2, Pondella Heights Unit 1, Plat Book 11, Page 52, said public records for 45.52 feet; thence N89 31'21 E, along the south line of said Lot 14 for 132.00 feet; thence NOoo36'42 W, along the east line of said Lot 14 for 37.05 feet; thence N60027'16''E, along the southerly line of Lot 13, said Block 1, Pondella Heights Unit 2 for 68.45 feet; thence N89 48'31 E, along the south line of said parcel as described in Official Records Book 2651, Page 123 for 72.01 feet to the Point of Beginning. Parcel contains 236, 408 square feet or 5.43 acres, more or less.

Exclusions Continued:
Tagged Passions:property, public records, and zoning

M.
Certain described parcels of land all located in Section 5, Township 44 South, Range 24 East, and within the boundary of Del Pine Manor, according to an unrecorded plat on file with the Tax Assessor of Lee County, Florida, described as:

Tagged Passions:property, taxes, Taxes, and zoning

1.
Lot 1, Block A, as described in Parcel1D8, Lee County Case No. 71-1137.

No additional detail provided

2.
Lots 4 'and 5; Block A, as described in Parcel 12, Lee County Case No. 71 1137.

No additional detail provided

Tagged Passions:property

. 3. Lots 10 and ii, Block A, as described in Parcel 21, Lee County Case No. 71 1137.

No additional detail provided

Tagged Passions:property

4.
Lot 14, Block A, as described in Parcel 1, Lee County Case No. 71-1137.

No additional detail provided

Tagged Passions:property

5.
Lot 1, Block B, as described in Parcel 60, Lee County Case No. 71-1137.

No additional detail provided

Tagged Passions:property

6.
Lot 5, Block B, as described in Parcel 8, Lee County Case No. 71-1137.

7. Lots 8 and 9, Block B,' as described in Parcel 50, Lee County Case No. 71 1137.

Tagged Passions:property

8.
Lot 10 and the south 12.5 feet of Lot 11, Block B, as described in Parcel 64, Lee County Case No. 71-1137.

No additional detail provided

Tagged Passions:property

9.
Lot 20, Block B, as described in Parcel 86, Lee County Case No. 71-1137.

No additional detail provided

Tagged Passions:property

10.
Lot 22, Block B, as described in Parcel 59, Lee County Case No. 71-1137.

No additional detail provided

Tagged Passions:property

11.
Lot 23, Block B, as described in Parcel 58, Lee County Case No. 71-1137.

12. Lots 24 and 25, Block B, as described in Parcel 39, Lee County Case No. 71.;. 1137.

Tagged Passions:property

12
13. Lots 28 and 29, Block B, according to Lee County Property Appraiser records. (Ordinance 72-07, Ordinance 75-06, Ordinance 76-06)

'N. All of Section 29, Township 44 South, Range 23 East, as described in Exhibits A and B , Lee County Case No . .71-1336 except that the east half (E 1/2 ) of said Section 29 was annexed by Ordinances 17-84 and 17-85 and the southwest quarter (SW ) of said Section 29 was annexed by Ordinance 16-85.

Tagged Passions:property, annexation, and ordinance

O.
All of Section 30, Township 44 South, Range 23 East, as described in Exhibits A and 8 , Lee County Case No. 71-1336.

The above territorial linlits shall also include any and all lands which may be annexed thereto. 2.02. Altered. Section 1. The territorial limits of the City of Cape Coral, Lee County, as they appear in article 2 of Chapter 70-623, Laws of Florida, are hereby altered as follows: Eliminate the east 1080 feet of N1/4 of Section 8, Township 44 South, Range 24 East, less the area described in Ordinance 119-03. Add the balance of Unit 17, Plat Book 14, pages 23 through 38, Cape Coral, lying in Section 9, Township 44 South, Range 24 East. Add the balance of 'Unit 86, Plat Book 24, pages 144 through 161, Cape Coral, lying in Section 22, Township 43 South, Range 24 East. Add the balance of Unit 40, Plat Book 17, pages 81 through 97, Cape Coral, lying in section 23, Township 43 South, Range 23 East. Add the W1/2 of Section 17, Township 44 South, Range 23 East, less parcels of greater Pine Island Water Company (E1/2 of W1/2 of W1/2 of SE1/2 of SW1/4, and W1/2 of W1/2 of W1/2 of SE1/4 of SW1/4). Add Unit 58, Plat Book 23, pages 128 through 146, Cape Coral, lying in Section 18, Township 44 South, Range 23 East. Add Section 13, Township 44 South, Range 22 East, less Matlacha Shores, Plat Book 10, Page 29, and less 1 st Addition to Matlacha Shores, Plat Book 10, Page 42, and less two parcels to Richard W. Greene as recorded in Official Record Book 512, page 809, and less the westerly portion of Undivided Lot A, Unit No.1, Matlacha Isles, Plat Book 16, Page 132. (Sp. Acts, Ch. 72-499, 1; Amend. of 11-2-93, 2.02) Note--Special Act Chapter 72-499, which became law on March 9, 1972, amended the City's charter, as set forth in the above section, which has arbitrarily been numbered as 2.02 by the ed itor. , ADDENDUM THE FOLLOWING IS THE EXCERPTED PORTION FOR ARCHIVAL PURPOSES OF THE LEGAL DESCRIPTION FOR THE BULKHEAD LINE FROM THE CHARTER PRIOR TO LEGISLATIVE ACTION EXTENDING THE CAPE CORAL JURISDICTION 300 FEET EASTERLY AND PARALLEL WITH THE EXCERPTED LEGAL DESCRIPTION ALONG THE SOUTHEASTERLY CITY LIMITS WITHIN THE CALOOSAHATCHEE RIVER. THE BULKHEAD LINE WAS APPROVED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ON MARCH 20, 1973, DEED NO. 25376 (2494-36), AND ALSO RECORDED IN OFFICIAL RECORDS BOOK 965 AT PAGES 495 THROUGH 510 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA: (See CHARTER LEGAL DESCRIPTION, PAGE 2) ...... to a point near the southwest corner of Cape Coral Unit 67 as recorded in Plat Book 25 at pages 57. through 65 of the Lee County Public Records, said point also being located in Section 22, Township 45 South, Range 23 East; thence continue along the shoreline of the Caloosahatchee River the following courses and distances: S 720 21' 53 E 1017.43 feet, N 820 35' 46 E 776.90 feet, S 800 14' 01 E 588.85 feet, S 000 47' 47 W 1438.53 feet, S 480 37' 26 E 906.70 feet, N 770 40' 26 891.02 feet, N 630 01' 57 E 886.09 feet, N 840 05' 26 E 2917.11 feet, S 840 04' 41 E 774.56 feet, N 550 34' 00 E 655.08 feet, N 190 00' 56 E 921.25 feet to a point at

Tagged Passions:property, legal, annexation, ordinance, Utility, Tony Taylor Custom, watershed, public records, utility, zoning, housing, and water

13
the southwesterly corner of Block 205 as shown on Cape Coral Unit No. 3 Part One as recorded in Plat Book 16 as pages 137 through 139 of the Public Records of Lee County, Florida; thence run along the shoreline of the Caloosahatchee River and said Unit No. 38 620 23' 36 E 237.11 feet, N 320 41' 49 , E 1370.74 feet, NORTH, 798.65 feet to a point known as BHL-33S, said point being at the southerly end of a Bulkhead Line approved by the Trustees of the Internal Improvement Trust Fund of the State of Florida on March 20, 1973; thence continue along said Bulkhead Line and the shore of the Caloosahatchee River the following courses and distances: NOaa 01' 23 W 666.63 feet, N 890 58' 37 E 411.27 feet, N 720 46' 35 E 208.61 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 520 53' 26 E 93.90 feet to a point of reverse curve; thence run along the, arc of a curve to the right having a radius of 400.00 feet and a chord bearing and distance N 460 53' 26 E 151.37 feet to a point of compound curyature; thence run along the arc of a curve to the right having a radius of 1400.00 feet and a chord bearing and distance N660 28' 25 E 422.34 feet to a point of reverse curvature; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 690 59' 07 E 27.00 feet; thence run N 640 49' 18 E 191.46 feet, N 640 45' 22 E 365.23 feet, N 690 19' 36 E 46.37 feet to a point of curve; , thence run along the arc of a curve t6 the right having a radius or 500.00 feet and a chord bearing and distance N 840 22' 38 E 259.67 feet; thence run S 800 34' 20 E 154.60 feet, S 870 48' 23 ,E 102.21 feet, N 830 45' 37 E 506.06 feet to a point of curve; thence run along the arc of a curve to the left having a radius of.125.00 feet and a chord bearing,and distance N 420 25' 41 E '165.11 feet; thence run N 01 0 05' 44 E 26.01 feet to BHL-28S; thence run N 890 14' 41 E 215.00 feet, S 050 05' 15 E 39.21 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance S420 17' 23 E 181.39 feet; thence run S 790 29' 31 E 129.14 feet, N 830 24' 09 E 132.62 feet, N 890 52' 32 E 383.29 feet, S 770 00' 53 E 499.47 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 600.00 feet and a chord bearing and distance S 71 0 43' 37 E 110.59 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 1200.00 feet and a chord bearing and distance S 740 04' 06 E 318.62 feet to a point of reverse curve and BHL25S; thence run along the arc of a curve to the right having a radius of 600.00 feet and a chord bearing and distance S 720 53' 41 E 183.64 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 350.00 feet and a chord bearing and distance S ,760 31' 13' E 150.65 feet; thence run S 880 56' 54 E 101.86 feet, S 820 42' 37 E 221.76 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 640 22' 17 E 163.03 feet; thence run N 31 0 27'11 E 57.72 feet, S 770 24' 00 E 209.06 feet, S 01 b 21' 52 E 72;93 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance S 350 26' 27 E 168.09 feet; thence run S 690 31' 03 E 424.37 feet, S 000 22' 02 W 14.92 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 250.00 feet and a chord bearing and distance S 670 54' 42 E 185.05 feet thence run S 460 ' ii' 25 E 63.99 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance 8 630 01' 50 E 86.91 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 400.00 feet and a chord bearing and distance S 720 10' 42' E 107.08 feet; thence run S 640 29' 10 E 134.00 feet, S 670 34' 05 E 168.90 feet, S 650 28' 10 245.09 feet to a point of curve; thence run along the arc of a curve to the 'left having a radius of 150.00 feet and a chord bearing and distance S 780 45' 40 E 69.32 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance S 780 50' 11 E 68.94 feet; thence run S 650 33' 01 E 221.24 feet; S 290 29' 18 W 27.41 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 200.00 feet and a chord bearing and distance 8 680 33' 17 E 55.97 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance S 600 18' 48 E 84.12 feet; thence run S 440 01' 44 E 272.49 feet,. S 580 17' 25 E 391-.83 feet, NOaa 46' 12 W 102.72 feet, S 620 43' 39 E 757.72 feet, S 790 29' 44 E 131.49 feet to BHL 19S at Redfish Point and a point of curve; thence run along the arc of a curve to the left having a radius of 85.00 feet and a chord

No additional detail provided

Tagged Passions:watershed, public records, and zoning

14
bearing and distance N 590 28' 09 E 120.21 feet to a point of compound curve; thence run along the arc of a curve to the left having a radius of 800.00 feet a chord bearing and distance N 080 22' 56' E 169.66 feet; thence run N 020 19' 18 E 537.56 feet, N 060 01' 52 W 279.79 feet to a point of curve; thence run ?Iong the arc of a curve to the right having a radius of 700.00 feet and a chord bearing and distance N 000 32' 19 E 162.60 feet; thence run N 070 12' 30 E 203.96 feet, N 090 51' 57 E 202.01 feet. N 080 41' 09 E 433.30 feet, N 140 50' 50 W 358.27 feet to a point of curve; thence run along the arc of a curve to the right having a radius of500.00 feet and a chord bearing and distance N 080 56' 39 E 403.41 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 1100.00 feet and a chord bearing and distance N 240 31' 29 E 314.19 feet to a point of compound curve; thence run along the arc of a curve to the left having a radius of 50.00 feet and a chord bearing and distance N 360 48' 58 W 80.00 feet; thence run N 890 56' 46 W 83.33 feet, N 140 59' 11 E 212.51 feet, 'N'880 32' 38 E 36.78 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 65.00 feet and a chord bearing and distance N 570 03' 34'i E 67.89 feet; thence run N 250 34' 31 E 91.24 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 1200.00 feet and a chord bearing and distance N 200 48' 39 E 199.34 feet to a point ()f reverse curve; thence run along the arc of a curve to the right having a radius of 1,000.00 feet and a chord bearing and distance N 240 31' 28 294.85 feet; thence run N 330 00' 08 E 221.27 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance N 430 22' 09 E 53.98 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 350 58' 40 E 91.50 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance N 260 25' 09 E,42.79 feet, thence run N 340 31' 07 E 104.73 feet to BHL 12S; thence run N 230 53' 05' E 81.52 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 100.00 feet and a chord bearing and distance N 360 22' 13 E 43.24 feet to a point to reverse curve; thence run along the arc of a curve to the left having a radius of 350.00 feet and a chord bearing and distance N 260 56' 53 11 E 261.18 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 500.00 feet and a chord bearing and distance N 100 49' 03 E 100.63 feet; thence run N 160 35' 40 E 320.02 feet, N 090 47' 33 E 135.89 feet, N 150 01' 53 E 232.36 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 500.00 feet and a chord bearing and distance N 200 21' 39 E 92.89 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 400.00 feet and a chord bearing and distance N 080 51' 03 E 231.76 feet; thence continue N 070 59' 20 W 19.53 feet, N 640 55' 39 W 65.65 feet, N 240 20' 31 E 101.55 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 100.00 feet and a chord bearing and distance N 860 41' 32 E 89.55 feet to a point of compound curve; thence run along the arc ofa curve to the left having a radius of 550.00 feet and a chord bearing and distance N 440 56' 28 E 289.34 feet to a poi'nt of reverse curve; thence ruh along the arc of a curve to the left having a radius of 100.00 feet and 1a chord bearing and distance N 140 13' 22 W 138.71 feet; thence continue N 310.51' 51 E 126.00 feet, S 820 40' 40 E 89.98 feet, N 640 42' 53 E 181.01 feet, N 630 53' 07 E 291.00 feet, N 730 06' 26 E 272.33 feet, N 830 21' 49 E 358.17 feet, N 870 59' 08 E 363.36 feet, N 790 44' 08 11 E 259.43 feet and N 570 40' 52 E 126.14 feet to BHL-5S at Harney Point; thence continue along said Bulkhead Line and the Caloosahatchee River N 760 50' 44 E 108.94 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 60.00 feet and chord bearing and distance N 290 15' 46 E 88.59 feet; thence run N 180 19' 13 W 225.13 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 50.00 feet and a chord bearing and distance N 640 16' 28 W 71.88 feet; thence run N 070 04' 47 W 129.38 feet, N 630 50' 31 E 14.72 feet, NOaa 56' 15 E 285.98 feet, N 11 0 49' 37 E 135.75 feet to a point of curve; ,thence run along the arc of a curve to the left having a radius of 50.00 feet and a chord bearing and distance N 300 37' 07 W 67.49 feet; thence run NOOo 00' 47 W 93.63 feet to BHL-1 S at the south side of the Cape Coral Bridge Causeway; I hence continue along the south line of the Cape Coral Bridge Causeway and the last line of the aforesaid approved

No additional detail provided

Tagged Passions:watershed

15
Bulkhead Line S 890 41' 19 E 142.41 feet; thence run northerly on a line crossing said Cape Coral Bridge Causeway N 11 0 22' 42 E 440.05 feet to BHL-1 N; thence continue northerly .along the west shore of the Caloosahatchee Riv r and along the Bulkhead Line as approved by the Trustees of the Internal Improvement -Trust Fund of the State of Florida March 20, 1973, the following courses and distances: N 300 18' 34 E 274.81 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 26.91 feet and a chord bearing and distance N 550 30' 13 E 33.43 feet; thence run N 170 06' 19 E 151.58 feet, N 260 10' 55 E72.21 feet, N 370 38' 10 E 84.62 feet, N 370 31' 17 E 197.40 feet, N 360 42' 36 E 240.50 feet, N 340 00' 53 11 E 158.05 feet, N 330 02' 00 E 82.30 feet, N 320 44' 11 E 78.20 feet, N 330 04' 49 E 78.95 feet, N 390 08' 48 E 80.46 feet, N 340 32' 13 E 84.47 feet, N 340 47' 14 E 78.61 feet, N 340 48' 05 E 324.82 feet, N 360 36' 37 E 89.46 feet, N 340 59' 47 E 95.39 feet to BHL-6N; thence continue along said Bulkhead Line along the westerly shore of the Caloosahatchee River the following courses and distances: N 340 45' 37 E 503.25 feet, N 31 () 34' 57 E 184.41 f et, N 250 20' 04' E 134.35 feet, N 220 38' 00 E 222.00 feet, N 170 20' 10 E 289.94 feet, N 21 0 22' 38 E 266.14 feet, N 070 02' 08 E 209.94 feet, N 440 24' 26 W 8.32 feet, N 130 11' 48 W 208.13 feet, N 060 13' 16 W 211.29 feet, N,050 03' 42 W 277.63 feet, N 110 35' 39 W 240.58 feet, N 170 53' 57 W 204.16 feet, N 160 12' 07 W 208.00 feet, N 12 28' 09 W 136.53 feet to .BHL-11 N south of Plato Canal; thence continue N 050 53' 59 W 257.98 feet, N 000 24' 09 E 62.59 feet, N 090 06' 23 E 70.39 feet, N 190 56' 05 E 74.52 feet, N 280 53' 04 E 78.11 feet, N 350 53' .15 E 78.41 feet, N 360 21' 05 E 79.67 feet, N 360 01' 14 E 79.79 feet, N 350 59' 12 E 240.68 feet, N 350 57' 53 E 1'60.44 feet, N 400 20' 33 E 78.95 feet, N 400 58' 41 E 80.56 feet, N400 25' 24 E 321.82 feet, N 300 04' 49 E 391.48 feet, N 350 09' 47 E 69.87 feet, N 230 19' 03 E 171.24 feet, N 190 36' 46 E 124.13 feet, N 17 47' 37 E 121.69 feet, N 040 12' 03/1 W 80.54 feet N 100 52' 24 E 159:29 feet, N 11 0 37' 07 E80.00 feet, N 170 48' 16 E 80.69 feet, N 170 33' 57 E 82.28 feet, N 230 08' 00 E 84.64 feet, N 300 56' 29 E 96.09 feet, N 300 43' 04 E 84.22 feet to BHL-16A-N located south of Palaco Grande Canal; thence continue along said Bulkhead Line N 180 40' 49 E 284.29 feet, N 020 53' 59 E 40.19 feet, N 070 21' 26 W 10.28 feet, N 040 13' 57 E 89.23 feet, N 020 48' 27 E 198.11 feet, N 01 0 52' 53 E 81.03 feet, N 050 44' 06 W 81.43 feet, N 080 34' 40 W 80.63 feet,'N 120 18' 22 W 122.04 feet, N 090 33' 06 W 84.50 feet, N 030 12' 26 W 45.08 feet, N 090 45' 4411 W 356.93 feet, N 150 29' 32 W 83.92 feet, N 100 54' 06 W 81.49 feet, N 290 55' 44 W 90.61 feet, N 400 46' 46 W 100.09 feet, N 260 08' 42 W 184.06 feet, N 090 46' 54 W 80.04 feet, N 120 21' 24 W 84.05 feet, N 150 05' 33 W 164.98 feet; N 11 0 06' 16 W 40.10 feet, N 090 36' 01 W 162.89 feet, N 11 37' 46 W 71.85 feet, N 040 18' 46 W 90.07 feet and N 11 54' 46 W 52.85 feet to BHL-20N located south of Moody Canal; thence run N 130 56' 57 E 266.46 feet, N 200 52' 10 E 399.84 feet, N 230 32' 00 E 164.69 feet, N 300 57' 09 E 84.82 feet, N 41 20' 40 E 190.97 feet, N 180 23' 20 E 39.12 feet, N 250 13' 11 E 205.61 feet, N 400 45' 04 E 104.11 feet, N 300 56' 38 E 170.47 feet, N 130 11' 57 E 365.72 feet, N 230 05' 46 E 115.40 feet, N 060 08' 34 E 110.69 feet, N 11 0 23' 24 E 50.16 feet, N 070 47' 34 E 330.95 feet, N 11 0 58' 48 E 229.26 feet to BHL-24N lying south of Lido Canal; thence continue N 100 11' 04 E 377.41 feet, N 640 24' 24 E 41.10 feet, N 560 55' 42 E 45.23 feet, N 61 0 23' 54 E 240.33 feet,' N 740 58' 34 E 85.13 feet, N 590 10' 04 E 78.94 feet, N 730 09' 58 E 79.84 feet, N 680 29' 17 E 143.87 feet, N 840 32' 22 E . 105.22 feet, N 860 53' 59 E 72.08 feet, N 880 30' 47 E 76.21 feet, S 840 24' 51 E 84.33 feet, S 71 23' 46 E 91'.67 feet, S 680 43' 16 E 98.80 feet, S 800 55' 14 E 50.85 feet, N 720 50' 48 E 48.59 feet, N 720 38' 14 E 97.19 feet, N 61 0 39' 57 E 93.92 feet, N 690 35' 38 E 258.50 feet, N 660 33' 24 E 79.32 feet, N 640 50' 28 E 268.06 feet, N .680 45' 24 E 222.35 feet and N 590 02' 09 E 38.98 feet to BHL-29N located west of Mackenzie Canal; thence, continue N 740 14' 34 E 340.81 feet, N 61 0 45' 34 E 115.59 feet, N 570 40' 02 E 263.86 feet, N 590 42' 44 E 241.55 feet, N 56 15' 21 E 90.03 feet, N 56 12' 54 E 274.77 feet, N 380 14' 34 E 245.77 feet, N 370 05' 14 E 163.87 feet, N 360 41' 06 E 82.05 feet, N 350 33' 28 E 104.14 feet, N 360 39' 08 E 194.80 feet, N 280 54' 07 E

No additional detail provided

Tagged Passions:watershed

16
293.15 feet, N 180 01' 34 E 368.36 feet, N 260 30' 54 E 21.42 feet, N 380 46' 41 E 228.47 'feet to BHL-34N north of Everest Canal; thence continue along said Bulkhead Line N529 55' 54 E 113.07 feet and N 340 13' 18 E 121.85 feet thence southeasterly a distance of 300.00 feet; thence northeasterly along a line extending 300.00 feet water ward from the existing shoreline to a point on the section line lying between Sections 28 and 33, Township 44 South, Range 24 East and the north end of said Bulkhead Line; thence run along said section line N 880 35' 04 E 19.76 feet to the westerly limits of the City of Fort Myers ; ......... ( See CHARTER LEGAL DESCRIPTION, PAGE 2 for continuation of Charter Legal Description)

No additional detail provided

Tagged Passions:legal, military, Utility, Tony Taylor Custom, watershed, utility, and water

17
Planning Division Case Report SE18-0001

No additional detail provided

Tagged Passions:planning

Review Date: March 14, 2018

Property Owner: Ram Kumar Kashyap and Jaswant Kashyap, Trustees of the Kashyap Revocable Trust Owner Address: 4505 Arniel Place Fairfax, VA 22030
Tagged Passions:property

Applicant: Creighton Construction and Management, LLC

Authorized Rep. Banks Engineering
Tagged Passions:construction

Request: The applicant is seeking to amend Resolution SE 6-2012, as amended by

Resolution SE 6-2015 that approved an automotive service station limited use on the site. The amendment would remove limits on the hours of operation for the establishment. Site Address: 801 Cape Coral Parkway West Unit 64, Block 1696, Lots 23-27 plus part of a vacated alley Strap number: 15-45-23-C2-01696.0260 Prepared By: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator
Tagged Passions:streets and planning

Reviewed By: Robert H. Pederson, AICP, Planning Manager

Recommendation: Approval with conditions Urban Service Infill Area:

Tagged Passions:manager and planning

Right of Way Access: The site has frontage and access both along Skyline Boulevard (a minor arterial)

and Cape Coral Parkway (a major arterial).
Tagged Passions:streets and zoning

Site Visit: March 12, 2018

Site Description: The site comprises 27,525 sq. ft. in Unit 64, Block 1696 in southern Cape Coral. The site has a 2,940-sq. ft. convenience store with a detached fuel canopy that has four gas pumps consisting of two refueling stations per pump. Uses surrounding the site include multi-family development to the north and south, a professional office use to the east, and a City lift station to the west. Information on zoning, future land use, and existing development on the site and surrounding properties appears in Table 1. SE18-0001 March 14, 2018 Table 1. Zoning, Future Land Use Classifications, and Existing Uses on the Site and Surrounding Parcels. Zoning Future Land Use (FLU) Existing Use Subject Parcel Pedestrian Commercial (C-1) Commercial/Professional Automotive service station limited
Tagged Passions:property, commercial, development, Pedestrian, zoning, and Development

Surrounding Zoning Surrounding FLU Surrounding Existing Uses

Tagged Passions:zoning

North: Multi-Family Residential (R-3) Multi-Family Multi-family South: Cape Coral Pkwy/ Multi-Family

Residential (R-3) Cape Coral Pkwy/ Multi- Family Multi-family East: Skyline Blvd ROW/Professional Office (P-1) Skyline Blvd ROW/Commercial/ Professional

Tagged Passions:commercial

Office building

West: Professional Office (P-1) Commercial/Professional Lift station Development History of the Subject Property A Special Exception was granted by the Board of Zoning Adjustment and Appeals (BZA) for an automotive service station limited use (hereafter referred to as a gas station) by Resolution SE 6-2012. Coinciding with the Special Exception request, a variance seeking setback relief from the north property line and a landscaping deviation along the west property line were also requested. All three requests were for development of a 7-Eleven gas station on the site. The variance and landscaping deviation were approved by Resolution VA 11-0012 and Resolution DE 12-0009, respectively.1 The Special Exception was approved with conditions that limited the hours of operation beginning at 6:00 a.m. and ending at 11:00 p.m.
Tagged Passions:property, commercial, development, history, grant, zoning, and Development

A
site plan (SP11-0030) was approved on October 23, 2013. Following the approval of building plans for the project and subsequent construction, a certificate of occupancy was issued for the convenience store by the City on January 22, 2015.

No additional detail provided

Tagged Passions:commercial and construction

In 2015 the Special Exception was amended by the BZA to extend the hours of operation beginning at 5:00 a.m. and ending at 1:00 a.m. the following day. Hours for deliveries, however, continued to be limited between 6:00 a.m. and 11:00 p.m.

Zoning History of the Site The Future Land Use Classification of the site was amended from Multi Family to Commercial/Professional by Ordinance 145-05. The zoning of the site was amended from R-3 to C-1 by Ordinance 76-11.
Tagged Passions:commercial, ordinance, history, and zoning

1
The decisions made by the BZA in approving the Special Exception and variance were later appealed to the City Council (Resolutions 52-12 and 53-12, respectively) with each decision made by the BZA ultimately affirmed by the City Council.

SE18-0001 March 14, 2018 Analysis: The current request would permit 24-hour operations at the site. This application was reviewed based on the Land Use and Development Regulations (LUDR), Section 2.7.7, the C-1 District, and the five standards in Section 8.8.5a-e for Special Exceptions Uses. Compliance with conditions governing this development appearing in Resolution SE 6-2012 and Resolution SE 6-2015 was also evaluated.
Tagged Passions:compliance, council, development, regulation, housing, and Development

1.
Generally

The C-1 Zoning is consistent with the Commercial/Professional Future Land Use Classification. Gas stations are allowed as a Special Exception in the C-1 District.

Tagged Passions:commercial and zoning

2.
Compatibility

The 7-Eleven establishment has been operating for over three years. In August of 2015, the BZA amended the condition governing the Special Exception to ease the restrictions on the hours of operation of the development. The amended hours of operation now begin at 5:00 a.m. and end at 1:00 a.m. the following day. Limiting the hours of operation were originally recommended by staff to protect residents north of the site in the Malabar Arms Condominiums. This 28-unit community would be most affected by the project since they share a common property line with the site. As part of this Special Exception application, a letter was received from the Malabar Condominium Association supporting removing the limits on the hours of operation on the gas station. Planning staff discussed the project with the Cape Coral Police Department. No problems with the site or the operation of the gas station were identified. A review of Code Compliance records revealed there were no active cases involving the site. In support of this request, the applicant points to several businesses with identical future land use classifications and zoning that lack such restrictions. However, this argument ignores that fact that this use required Special Exception approval. As such, conditions governing physical aspects of the site, as well as the operation of the use, may be imposed to promote compatibility with the surrounding area. In this case, site-specific factors included the closeness of multi-family development to the north, the small area of the site, and the reduced setback from the north property line. While not common, the City has imposed limits on the hours of operation for commercial and industrial uses approved by Special Exception or in a Planned Development Project. The applicant identifies several gas stations that are open 24 hours that are at the intersection of two major streets. In doing so, it is implied that the use on the subject site has been unfairly burdened by having limits placed on the hours of operation, whereas other sites at major intersections were not similarly restricted. However, site-specific SE18-0001 March 14, 2018 factors as well as surrounding land use patterns unique to the site at 801 Cape Coral Parkway resulted in a condition limiting the hours of operation. Lastly, three businesses identified in the letter of intent are adjacent to a residential site that operates without limited hours. While one of the sites has a gas station, the other two businesses involve food stores a use that is different than that of a gas station. Food stores are generally allowed as a permitted use in most commercial and mixed-use zoning districts in the City. Permitted uses, unlike Special Exceptions, cannot have conditions imposed on this type of use.

Tagged Passions:compliance, property, commercial, public safety, development, sites, planning, industrial, zoning, Development, and business

While staff does not find some of the arguments made by the applicant as compelling, the removal of the limits on the hours of operation on the gas station should not harm the surrounding area. The community most likely affected by the operation of the gas station, Malabar Arms, supports the removal of these limits. Other residential sites to the south are across Cape Coral Parkway, a six-lane street. Staff is unaware of any negative affects the initial relaxing of the limits of the operation has had on the community since 2015. Allowing the business to remain open an additional four hours each day does not appear to create any anticipated hardship on this area.

No additional detail provided

Tagged Passions:streets, sites, and business

3.
Minimum Lot Frontage; Access

The site has about 135 feet of frontage along Skyline Boulevard and 205 feet of frontage along Cape Coral Parkway. Driveways are present along both Skyline Boulevard and Cape Coral Parkway. Each driveway is restricted to allow only right-in, right-out traffic movements. Twelve parking spaces on the east and south sides of the building.

Tagged Passions:streets, parking, zoning, and traffic

4.
Building Location; Setbacks

The convenience store received a seven-foot setback variance to allow the convenience store to be 18 feet from the north property line. Other setbacks for both the convenience store and gas canopy meet or exceed those standards established for the C-1 District.

Tagged Passions:property and commercial

5.
Screening and Buffering

No additional detail provided

Landscaped buffers exist along the north and west property lines. The trees and shrubs present along the north property line appear in good condition. However, several trees are missing based on the approved landscaping plan for the site. Except for one tree near the south property line, the buffer along the west property line is lacking all required trees. Both buffers do have eight-foot tall walls with landscaping on the outside of each wall.

No additional detail provided

Tagged Passions:buildings and grounds, property, and trees

Consistent with the approved landscaping plan, trees and shrubs are present along the east and south property lines, adjacent to Skyline Boulevard and Cape Coral Parkway, respectively.

SE18-0001 March 14, 2018 Consistency with Conditions Appearing in Resolutions SE 6-2012 and SE 6-2015
Tagged Passions:property, streets, and trees

1.
To minimize light trespass on surrounding properties and to reduce glare associated with on-site lighting, the following conditions are prescribed:

No additional detail provided

a.
Lighting levels along the northern property line of Lots 23-27 shall not exceed 0.1 foot- candles. The Developer shall submit a lighting plan for staff review that demonstrates compliance with this requirement prior to site plan approval for the project.

No additional detail provided

Tagged Passions:compliance and property

b.
Lighting trespass and glare shall be limited to a reasonable level through the use of shielding and directional lighting methods. All free-standing lights on the site shall be aimed downward and away from the property lines.

No additional detail provided

Tagged Passions:property

c.
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.

No additional detail provided

d.
Lights shall not be amounted on the top or sides of the canopy and the canopy sides shall not be illuminated.

No additional detail provided

Staff comments: A lighting plan was reviewed during the site plan review process that demonstrated compliance with the lighting levels imposed along the northern property line. Free-standing lights on the site are aimed downtown to minimize light trespass. Lights on the gas canopy are limited to those that are recessed and are under the canopy. The project is compliant with all four lighting conditions.

No additional detail provided

Tagged Passions:compliance, property, and downtown

2.
No vending machines or automated teller machines (ATMs) shall be placed on the outside of the store.

Staff comments: Vending machines and ATMs are absent on the outside of the store. The project is compliant with this condition.

Tagged Passions:commercial

3.
The outdoor storage of products and materials are prohibited. This provision, however, shall not apply to ice machines that are used solely to store ice.

Tagged Passions:commercial and materials

Staff comments: A propane rack exists along the south side of the convenience store that stores propone tanks. The project does not comply with this condition.

No additional detail provided

Tagged Passions:commercial

4.
Hours of operation for the development shall be limited to the hours beginning at 5:00 a.m. and ending at 1:00 a.m. the following day. Hours for deliveries for the development shall be limited to the hours beginning at 6:00 a.m. and ending at 11:00 p.m.

No additional detail provided

Tagged Passions:development and Development

Staff comments: The project is compliant with limitations on the hours of operation and deliveries to the site.

SE18-0001 March 14, 2018

5.
The trash receptacle enclosure approved for this development shall include colors and materials common to those used for the gas station building.

Tagged Passions:development, Development, and materials

Staff comments: The walls of the enclosure feature a color that matches the main color of the walls of the convenience store. The project complies with this condition.

Tagged Passions:commercial

6.
To promote continuity within the development, the wall located within the buffer yard along the western property line of Lot 23 shall be eight feet in height and shall be of identical design to the wall erected along the northern property line of the development.

No additional detail provided

Tagged Passions:property, development, and Development

Staff comments: The walls along the north and west property lines are eight feet in height. Both walls appear identical in design. The project complies with this condition.

Tagged Passions:property

Consistency with the Comprehensive Plan:

The project is consistent with the following goals and policies. Future Land Use Element
Tagged Passions:strategic

Policy 1.15.c Commercial/Professional (CP): Intensities of use in the Commercial/Professional land use classification shall not exceed a floor to lot area ratio (FAR) of 1.0 The Pedestrian Commercial (C-1) District is designed to facilitate a broad variety of large or small commercial uses. Uses allowed in the C-1 District range from a variety of small or neighborhood-based commercial uses to larger retail or service uses, which may serve a relatively large trade area and, which may be developed as major shopping facilities. As many commercial uses have the potential to generate relatively high levels of vehicular trips from customers and sometimes delivery vehicles, preferred locations for the C-1 District have direct access onto arterial or collector roads and adequate depth (a minimum of 250 feet) for larger-scale development. Staff comments: The site has C-1 Zoning that is consistent with the Commercial/Professional Future Land Use Classification. This policy is supportive of this request.

No additional detail provided

Tagged Passions:commercial, policy, trade, development, Pedestrian, zoning, Development, and neighborhood

Policy 1.17 Land development regulations, whether adopted or revised subsequent to the adoption of this plan, will address buffering and open space requirements, and will protect existing residential land uses from incompatible land uses. Staff comments: Landscaped buffers that include an eight-foot tall wall are along the north and west property lines. With plantings recommended by staff to bring each buffer into compliance with the approved site plan, this project will be consistent with this policy. Policy 8.2

Land development regulations, adopted pursuant to s. 163.3202, F.S., will require the buffering of incompatible land uses. Staff comments: Landscaping is along all four property lines. This policy is supportive of this request. Policy 8.3 SE18-0001 March 14, 2018 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. The design should ensure adequate screening of unsightly views of commerical development (such as loading docks, rooftop equipment, service entrances, trash containers, parking areas and exterior storage) through the extensive uses of landscaping, berms, fencing, concealment, architectural features, open space, setbacks, and/or building orientation. Ensure that the placement of any noise generating activities such as ingress/egress, parking, deliveries, air conditioning equipment and dumpster collections are designed to minimize any adverse noise effects. Traffic and parking should not adversely affect neighborhood quality. Noise, safety and overall maintenance of commercial properties should be carefully monitored. The site has landscaping along all property lines. Buffers along the north and west property lines include an eight-foot tall wall. The dumpster is on the south side of the site, away from residential properties, and is screened. Loading docks are absent. This policy is supportive of this request. Recommendation: This request is consistent with the Comprehensive Plan and the five standards for evaluating Special Exceptions. Staff recommends approval with the following conditions.
Tagged Passions:buildings and grounds, compliance, property, commercial, policy, development, boating, noise, equipment, strategic, parking, regulation, traffic, Development, and neighborhood

1.
The Developer shall install plantings in the north and west buffers to bring the project into

compliance with the approved site plan for the project.

Tagged Passions:compliance

2.
The propane tank rack on the south side of the convenience store shall be removed from the site to comply with a condition of approval associated with Resolution SE 6-2012.

Tagged Passions:commercial

3.
Hours for fuel deliveries to the development shall continue to be limited to the hours beginning at 6:00 a.m. and ending at 11:00 p.m.

4. Restrictions on the hours of operation for the gas and convenience store uses shall not be eliminated until: (1) the north and west buffers referenced in Condition 1 have been restored consistent with the approved landscaping plan and been inspected by the City; and (2) the propane tank rack has been removed from the site. Staff Contact Information Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Planning Division PH: 239-242-3255 Email: mstruve@capecoral.net

Tagged Passions:commercial, development, planning, and Development

Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: planningquestions@capecoral.net
Tagged Passions:development, parks, Development, and community development

NOTICE TO SURROUNDING PROPERTY OWNERS

CASE NUMBER: SE18-0001
Tagged Passions:property

REQUEST: The applicant, Creighton Construction Management, LLC, is seeking to amend Resolution SE 6-2012, as amended by Resolution SE 6-2015 that approved an automotive service station limited use in the Pedestrian Commercial (C-1) District on property described as Lots 23-27, Block 1696 by amending conditions that limited the hours of operation of the establishment and prohibited the outdoor storage of products and materials on the site; property is located at 801 Cape Coral Parkway West.

Tagged Passions:property, commercial, Pedestrian, construction, and materials

LOCATION: 801 Cape Coral Parkway West CAPE CORAL STAFF CONTACT: Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator, 239-

242-3255, mstruve@capecoral.net PROPERTY OWNER(S): Ram Kumar Kashyap and Jaswant Kashyap, Trustees of the Kashyap Revocable Trust AUTHORIZED REPRESENTATIVE: Banks Engineering 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 17, 2018 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.
Tagged Passions:hearing, property, streets, development, planning, parks, Development, materials, and community development

DETAILED INFORMATION: The case report and colored maps for this application are available at the City of Cape Coral website, www.capecoral.net/publichearing (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 A.M. and 4:30 P.M. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice.

Tagged Passions:hearing and planning

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 150027, Cape Coral, FL 33915-0027. The hearings may be continued from time to time as necessary.

Tagged Passions:hearing, development, planning, Development, and community development

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 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (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. Please contact us with changes or cancellations as soon as possible, otherwise no further action needed. TOLL-FREE Local Email

Tagged Passions:disability, streets, human resources, and parks

888-516-9220 239-335-0258 FNPLegals@gannett.com

Customer: CAPE CORAL FL 33990 USA 1015 CULTURAL PARK BLVDAddress:

Tagged Passions:parks

0002845001Ad No.: CITY OF CAPE CORAL_DEPT OF COM

389.45Net Amt:

04/07/18Run Dates:

Run Times: 1 No. of Affidavits: 1

Text of Ad:

THUNDERBIRD LAKE ULS TER CA NA L SALMON CANALBARUNA CANAL SKY LIN E B LVD CAPE CORAL PKWY W SW 47TH TER SW 8T H P L SW 48TH TER CAPE CORAL PKWY W SW 47TH TER SKY LIN E B LVD SW 8T H P L
Tagged Passions:watershed

CITY OF CAPE CORAL Department of

Community Development Planning Division Case No. SE18-0001
Tagged Passions:development, planning, Development, and community development

0
100 200 Feet

This map is not a survey and should not be used in placeof a survey. While every effort is made to accuratelydepict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liablefor incidents that may occur. Please contact the Departmentof Community Development with any questions regarding thismap product. SUBJECT PARCEL Subject Parcel THUNDERBIRD LAKE VERNON CANAL SALMON CANAL ULS TER CA NAL BARUNA CANAL VERNON CANAL SKY LIN E B LVD CAPE CORAL PKWY W SW 47TH ST SW 8TH
Tagged Passions:property, development, watershed, Development, and community development

PL SW 47TH TER

SW 48TH TER SW 8TH PL CAPE CORAL PKWY W SW 47TH ST SKY LIN E B LVD SW 47TH TER

CITY OF CAPE CORAL Department of

Community Development Planning Division CURRENT ZONING MAP 500' Proximity Boundary Case No. SE18-0001
Tagged Passions:development, planning, zoning, Development, and community development

0
190 380 Feet

This map is not a survey and should not be used in placeof a survey. While every effort is made to accuratelydepict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liablefor incidents that may occur. Please contact the Departmentof Community Development with any questions regarding thismap product. SUBJECT PARCEL LEGEND 500' Proximity Boundary Subject Parcel Zoning C-1 P-1 R-1B R-3 RD
Tagged Passions:property, development, zoning, Development, and community development

500' PROXIMITY BOUNDARY

Item Number: 2.C. Meeting Date: 4/17/2018 Item Type: HEARINGS AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Case DE18-0004; Address: 3908 SE 18th Place; Applicant: William Gottfried REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO:
Tagged Passions:hearing and strategic

1.
Will this action result in a Budget Amendment? No 2. Is this a Strategic Decision? No

If Yes, Priority Goals Supported arelisted below. If No, will it harm the intent or success ofthe Strategic Plan? No

Tagged Passions:budget and strategic

Planning Zoning Recommendations:

Tagged Passions:planning and zoning

SUMMARY EXPLANATION AND BACKGROUND: A 6.5-foot deviation to Section 3.16.2.B.2 of the Land Use and Development Regulations (LUDR) to allow a marine improvement with a projection of 36.5 feet

LEGAL REVIEW:

Tagged Passions:legal, development, regulation, and Development

EXHIBITS: See attached Backup Materials

Tagged Passions:materials

PREPARED BY: Kristin Kantarze Division- Planning Department-

Community Development
Tagged Passions:development, planning, Development, and community development

SOURCE OF ADDITIONAL INFORMATION: Justin Heller, Planner, 239-574-0587, jheller@capecoral.net

ATTACHMENTS: Description Type Backup Materials Backup Material

Planning Division Case Report DE18-0004
Tagged Passions:planning and materials

Review Date: March 26, 2018

Owner/Applicant: William Gottfried

Authorized Representative: Aquamarine Construction Inc. Request: A 6.5-foot deviation to Section 3.16.2.B.2 of the Land Use and Development Regulations (LUDR) to allow a marine improvement with a projection of 36.5 feet. Location: 3908 SE 18th PL, Unit 11, Block 547, Lots 11-12
Tagged Passions:development, construction, regulation, and Development

Prepared By: Justin Heller, Planner

Reviewed By: Mike Struve, AICP, Planning Team Coordinator
Tagged Passions:planning

Approved By: Robert Pederson, AICP, Planning Manager

Recommendation: Approval Property Description: The 10,000-sq. ft. site is improved with a single-family home and marine improvements that include a dock with boat lift. The site has 80 feet of frontage on Picardy Canal where it intersects with Pearl Canal. Picardy Canal is about 200 feet wide next to the applicant s property. Marine improvements at this site are limited to a maximum projection of 30 feet. The surrounding area consists primarily of single-family homes. The site and all surrounding properties have a Single Family Residential (SF) Future Land Use Classification and Single-Family Residential (R-1B) Zoning. Project Description: The applicant proposes to install two mooring pilings that will extend westward from the existing marine improvement. These pilings will extend 36.5 feet into the canal from the outer edge of the seawall. A sketch of the proposed marine improvements is provided in Exhibit 1. DE18-0004 March 26, 2018 Page 2 of 5 Analysis: LDR, Section 3.16.2.B.2 states, Except as provided below, no part of any marine improvement, including but not limited to docks, mooring posts, boat lifts, lift structures, and/or walkways shall project into a waterway to a point more than 25 of the calculated waterway width or 30 feet, whichever is less, as measured from the water frontage line. The Planning Division has reviewed this application based on LUDR, Section 3.16, and offers the following analysis:

Tagged Passions:property, manager, Utility, boating, watershed, planning, utility, zoning, and water

LUDR, Section 3.16.9.C allows for deviations for marine improvements based upon the following general standards:

1.
The deviation is not contrary to the public interest.

The marine improvement complies with the maximum allowed deck area and the 12-foot. side setbacks. There is sufficient width in the canal to accommodate the two pilings, and these structures will not interfere with navigability or views of the waterway.
Tagged Passions:watershed

2.
The deviation will be in harmony with the general intent and purpose of this section.

The intent of the regulation is to protect navigability in canals and boating access to adjacent properties. The pilings will project 18 into Picardy Canal, less than 25 of the waterway width. The pilings will not extend into the canal as far as the applicant s boat that is 40 feet in length. As a result, the pilings will not restrict navigation or access any more than already exists.
Tagged Passions:boating, watershed, and regulation

3.
Conditions do not exist which are the result of the applicant.

The applicant has a property on an extra wide (200 ft.) saltwater canal with direct access to the Caloosahatchee River. It can be reasonably expected that a larger marine improvement could be constructed in this canal to accommodate the larger vessel owned by the applicant, so long as navigability and access are not impeded. Therefore, conditions do not exist which are a result of the applicant.

Tagged Passions:property and watershed

4.
A literal enforcement of the regulations involved would result in unnecessary or undue

hardship. The owner requests two additional pilings to safely secure their 40-foot vessel. The existing dock and boat are oriented perpendicular to the seawall. The two additional pilings will more safely secure the vessel and prevent potential property damage from boat wakes and severe weather. The pilings will not impede navigation or access and will be in harmony with the general intent and purpose of this section. Therefore, staff finds DE18-0004 March 26, 2018 Page 3 of 5 the inability of the applicant to construct the marine improvement can be considered an unnecessary or undue hardship. Specific Deviation Review Criteria Pursuant to LUDR Section 3.16.9.C
Tagged Passions:property, boating, and regulation

1.
Effect of proposed deviation on navigability of the waterway involved.

The proposed pilings will project 36.5 feet or 18 into Picardy Canal, less than 25 of the waterway width. The property is at a T intersection with Pearl Canal, that allows additional space for boats to navigate around the marine improvements on the applicant s property. The marine improvements will have no effect on the ability of others to navigate in these canals. 2. Design, size and proposed location of the marine improvement for which the deviation is sought.

Tagged Passions:property, boating, and watershed

The design and area of the marine improvements meet City code requirements. The proposed pilings also meet all setback requirements.

3.
Effect, if any, that the proposed deviation would have on any extant marine improvements

in the subject waterway. The pilings should have no negative effect on existing marine improvements in the canals.

Tagged Passions:watershed

4.
Is the minimum deviation from the provisions of the applicable section necessary to avoid

the unnecessary or undue hardship required herein. The requested deviation is the minimum needed to safely moor the 40-foot vessel. Comprehensive Plan: The project is consistent with Objective 1.3 and Policy 1.3.5 of the Conservation and Coastal Management Element of the Comprehensive Plan. The deviation does not involve fueling or repair facilities in a residential area. Recommendation:
Tagged Passions:policy, strategic, and Conservation

Planning staff finds that the proposed deviation meets the intent of the City LUDRs and meets the requirements for a deviation under LUDR, Section 3.16.9.B.2. Staff recommends approval with the following condition.

No additional detail provided

Tagged Passions:planning

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