Cape Coral 6A + 6B Subdivision (PDP 16-0013) City of Cape Coral Planning Division Project Staff Report

APPLICATION SUMMARY Applicant/Owner: Cape Coral 6A and 6B, LLC. Authorized Representative: Chris Hagan, Hagan Engineering, LLC. Requests: PDP approval to replat 10.6-acres on SW Pine Island Rd into seven commercial lots.

Two Special Exceptions are requested: (1) an automotive service station, limited with a convenience store; and (2) an automotive repair and service-Group 1 within the Corridor Zoning District.

Location: 1011 SW Pine Island Road and 913 SW Pine Island Road RECOMMENDATION Staff recommends approval of the PDP request with conditions. DESCRIPTION OF THE SITE The Cape Coral 6A + 6B Subdivision is a Planned Development Project (PDP) in southwest Cape Coral. This 10.6-acre site has frontage on SW Pine Island Road and SW 10th Place. An unimproved alley runs along the north property line (Exhibit A). The site, along with all surrounding properties except one, has a Pine Island Road District (PIRD) Future Land Use Classification and Corridor (CORR) Zoning. The adjacent property to the east is an enclave with Lee County Commercial (C-1) Zoning. There are no residential properties adjacent to the site. NEED FOR THE PDP The Land Use and Development Regulations (LUDR), Section 4.1.2.A.1 states:

“The subdivision of land within the City of Cape Coral, except as provided in § 4.2 of this article, shall be permitted only within approved developments of regional impact (DRIs) or planned development projects (PDPs).”

PROJECT DESCRIPTION A PDP amendment is requested to subdivide the site into seven parcels ranging from 1.34 acres to 2.11 acres (Exhibit B). The site has one existing driveway on SW 10th Place to Lot 1. The rest of the lots will have access from the alley to the north or indirect access from an access easement within the subdivision. Two Special Exceptions are being sought in this PDP for an automotive repair and service-Group 1 and an automotive service station, limited with a convenience store in the Corridor Zoning District.

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ANALYSIS OF THE SUBDIVISION REQUEST The Planning Division has reviewed this application based on the City Land Use and Development Regulations (LUDR), Section 2.7.13, the standards in Section 4.1 and 4.2, which covers subdivisions, and the Comprehensive Plan. Staff offers the following analysis for consideration: All tracts meet or exceed the minimum dimensional standards for the Corridor District. All lots will be restricted to nonresidential uses, as a minimum of 20 acres in the Corridor District is required for residential uses. Public utility easements will be provided to each lot. A Property Owners Association (POA) agreement will outline how common areas and utilities within private easements will be maintained within this subdivision. One existing driveway provides access to the site. Each lot shall have direct access to a public street/alley or indirect access from an access easement within the subdivision. Corridor District regulations also require adjoining properties to provide cross-access with one another to improve connectivity and traffic circulation within the subdivision. GENERAL STANDARDS FOR SUBDIVISIONS This project was evaluated for compliance with general standards for subdivisions found in LUDR, Section 4.2.5.I.6a-j, provided below:

a. Environmental control standards. The western portion of the subdivision was previously cleared and used as a driving range. The remainder of the site contains a mix of upland and wetland habitats. An environmental survey was submitted to the City for review. A protected species management plan was also submitted to address protection and mitigation measures for the three gopher tortoises identified onsite, as well as burrowing owls, should they turn up in future surveys of the site. State permits will be obtained and tortoises relocated offsite to a mitigation bank prior to any construction commencing onsite.

The environmental survey also identified a small 0.1 acre wetland on Lot 7. There are no immediate construction plans for the area containing the wetland. When the site is developed in the future, an environmental resource permit from the South Florida Water Management District will need to be obtained prior to any land clearing or filling activities. As a result, the subdivision complies with this standard.

b. Effect of the Subdivision on Existing or Future Development. The subdivision will facilitate future development opportunities and sales of commercial property. The lots will be connected by internal streets and parking. Therefore, this standard has been met.

c. Effect of proposed streets and access points on surrounding streets. A 24-foot-wide alley will be improved along the northern boundary of the subdivision. It shall provide access to the proposed lots. A Traffic Impact Statement has been provided to address the increased traffic generated by the proposed uses. As a result, the subdivision complies with this standard.

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d. Utility services are adequate for the population densities and land use. Existing utilities are available to the subdivision and should be adequate for the land use. Therefore, this standard has been met.

e. Consistency with Comrehensive Plan. This project is consistent with several policies and goals contained within the Comprehensive Plan which are discussed later in this report.

f. Public health, safety, and welfare. The subdivision will not affect the health, safety, or welfare of the public. Therefore, this standard has been met.

g. Suitability of land for subdivision development. The property is suitable for subdivision.

h. Arrangement of parcels for opening of future streets and logical resubdivision. All parcels are over 10,000 sq. ft. and are arranged to fit the current configuration of streets and access points. Therefore, this standard has been met.

i. Access Points. The subdivision will use an existing driveway off SW 10th Place and a new driveway off the alley along the north boundary. All proposed driveways shall be in accordance with the Engineering Design Standards. Therefore, this standard has been met.

j. Compliance with government subdivision and development regulations. The subdivision and future development will comply with all City, County, and State regulations.

Subdivision Recommendation Approval. All proposed tracts meet or exceed minimum lot sizes in Corridor Zoning. The project complies with the general standards for subdivisions. GENERAL STANDARDS FOR PDP’S This project was also evaluated for compliance with general standards and requirements found in LUDR, Section 4.2.4, provided below:

A. Environmental control standards: As previously stated above, an environmental survey found three gopher tortoises on the site. A species management plan was submitted to address protection and mitigation measures for documented listed species. Additional environmental surveys will be required when each lot is developed in the future. All required State or Federal wildlife and wetland permits will be obtained prior to commencement of any construction activities. As a result, this project complies with this standard.

B. Maintenance of improvements: Property Owners Association documents and declaration of

covenants, conditions, restrictions and easements documents will be provided to cover maintenance of landscaping, common areas, and easements. As a result, the project complies with this standard.

C. Consistency with Comprehensive Plan: This project is consistent with several policies and goals in

the Comprehensive Plan which are identified later in this report.

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D. Financial Responsibility: Prior to any final Subdivision Plat approval, either the Developer shall

satisfactorily complete all of the required site improvements, or the Developer shall provide a surety bond or certified check in an amount of the estimated cost to complete all required site improvements, as determined by the City. Such surety bond or certified check shall be returned to the Developer after the Director has determined that all required improvements have been satisfactorily completed.

E. Dimensional requirements: The project meets or exceeds all dimensional requirements for the Corridor Zoning District. As a result, this project complies with this standard.

F. Maximum density: This project does not propose any residential units. As a result, this standard is not applicable.

G. Minimum parcel size: The project is in the Urban Service Transition Area. Therefore this standard is not applicable.

H. Time limitation: Substantial construction shall commence within two years from the date of project approval or within one year of the last permit approval from all appropriate regulatory bodies, whichever is less. As a result, this project complies with this standard.

I. Ownership requirements: The applicant owns the property. As a result, the project complies with this standard.

J. Special Exceptions: Two Special Exceptions are sought within the PDP. The Special Exceptions are

reviewed in greater detaiool elsewhere in this report. As a result, the project complies with this standard.

K. Deviations: No Deviations are sought. As a result, this standard is not applicable.

L. Underground Utilities: Utilities will be available to each lot and will be placed underground at time

of development. As a result, the project complies with this standard. SPECIAL EXCEPTION #1 Request: The applicant seeks a Special Exception for an automotive service station, limited with convenience store. BACKGROUND The applicant requests a Special Exception for an automobile service station, limited with a convenience store. The Corridor Zoning District allows this use as a special exception with a minimum lot area of 45,000 sq. ft., which all lots in this subdivision exceed. The City’s LDRs define this use as “an establishment primarily engaged in the retail sale of motor fuel and lubricants, but which may also include facilities for washing, waxing, detailing, polishing, greasing, tire repair (no recapping or vulcanizing) and other minor

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incidental repairs.” The project includes a 6,100 sq. ft. convenience store and a detached gas canopy housing ten gas pumps (Exhibit C). Each gas pump will contain two fueling stations that will allow two vehicles to refuel at the same time. ANALYSIS Staff reviewed this application based on LUDR, 2.7.13, the Corridor Zoning District (CORR), and the five (5) standards in Section 8.8.5a-e for Special Exception uses, and offers the following analysis: 1. Generally The CORR Zoning of the parcel is consistent with the PIRD Future Land Use of this property. Automotive Service Station, Limited Use with convenience store are allowed as a Special Exception in the CORR District. This use is proposed on Lots 1 and 2 which each have an area of 1.51 acres, thereby meeting the 45,000 sq. ft. minimum lot area for this use. 2. Compatibility Pine Island Road is one of the major commercial corridors in Cape Coral. The proposed gas station with convenience store will be adjacent to SW Pine Island Road, a principal arterial, and is an appropriate location for a gas station. The use is proposed on the corner of the commercial subdivision (Lots 1 and 2) at the intersection of SW Pine Island Road and SW 10th Place. While the developer has requested flexibility to move this use to other lots within the subdivision, staff finds that due to the proposed access points and amount of traffic generated by this use, Lots 1 and 2 would be the most ideal location for a gas station and convenience store. There is a boat store to the west of the site, vacant commercial parcels to the north and east, and a mix of commercial uses to the south across SW Pine Island Road. The proposed use should fit into the character of the surrounding area. All surrounding properties on the block are zoned CORR or allow commercial uses. While CORR zoning does allow residential uses, there is a 20-acre minimum area requirement. None of the surrounding parcels are over that size, therefore, it is unlikely that residential uses would come into the area in the future. There is one single-family residence about 350 ft. from the proposed use. The property is separated from the site by vacant land and Ceitus Terrace. This parcel with the single-family home also has CORR zoning and PIRD Future Land Use. Lighting on a commercial site can disrupt nearby residents. Although significant levels of background illumination are present in most urban settings, lighting should be shielded and directed away from property lines to minimize light trespass from the site. Due to background noise related to vehicles traveling along SW Pine Island Road, noise attributed solely to this project is anticipated to be relatively low.

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3. Minimum Lot Frontage; Access Lots 1 and 2, have ± 1,100 ft. of combined frontage on SW Pine Island Road, SW 10th Place, and a public alley. There is no direct access to SW Pine Island Road so the main access to the site will be from an existing driveway on SW 10th Place. There is an additional access driveway proposed to the alley on the north side of Lot 2. 4. Building Location; Setbacks The proposed building meets or exceeds the Corridor district setback requirements. The proposed location is on a corner lot, which is the most ideal location for this use. 5. Screening and Buffering The applicant has provided a landscape plan that shows a well landscaped site with a continuous hedge screening the perimeter of the site. Recommendation: In summary, based on the design and location of this project, staff finds that this Special Exception use will be compatible with the surrounding area. Staff recommends approval of this Special Exception request with the following conditions: 1. 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. 2. 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. 3. A continuous strip of properly maintained landscape area shall be provided along all property lines to screen the site from adjacent uses. Such continuous strip of properly maintained landscape area may, however, be allowed to have walkways and driveway entrances. 4. The gas station and convenience store use shall be limited to Lots 1 and 2. 5. The outdoor storage of products and materials is prohibited. This provision, however, shall not apply to propane tanks or ice machines. SPECIAL EXCEPTION #2 Request: The applicant seeks a Special Exception for an automotive repair and service-Group 1 use.

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BACKGROUND The applicant requests a Special Exception for an automotive repair and service-Group 1 use to operate a tire store on Lot 3. The Corridor district allows this use as a Special Exception. One 5,339 sq. ft. tire store is proposed (Exhibit C). The bays in the building will face east and west. Access to the site will be via a rear alley connected to SW 10th Place. Parking is proposed along the south, north, and west sides of the building with a drainage pond on the north side of the site. Water and sanitary sewer services are available along SW Pine Island Rd. This site will connect directly to these services. ANALYSIS Staff reviewed this application based on LUDR, 2.7.13, the Corridor Zoning District (CORR), and the five (5) standards in Section 8.8.5a-e for Special Exception uses, and offers the following analysis: 1. Generally The CORR zoning is consistent with the PIRD Future Land Use of this property. An automotive repair and service-Group 1 use is allowed as a Special Exception in the CORR District. This use is proposed on Lot 3 which is 1.34 acres. There is no minimum lot area requirement for this use. 2. Compatibility Pine Island Road is a major commercial corridor. The proposed tire store will be adjacent to SW Pine Island Road, a principal arterial, an appropriate location for this use. The use is proposed on Lot 3, but the developer has requested flexibility to move this use to other lots in the subdivision. Staff finds that this use would be compatible on any of the lots. The proposed use should fit into the character of the surrounding area. The site and all surrounding properties on the block are all zoned CORR or allow commercial uses. While CORR zoning does allow residential uses, there is a 20-acre minimum area requirement. None of the surrounding parcels are over that size, therefore, it is unlikely that residential uses would come into the area in the future. There is one single-family residence about 350 ft. from the proposed use. The property is separated from the site by vacant land and Ceitus Terrace. The parcel with the single-family home also has CORR zoning and PIRD Future Land Use. Lighting on a commercial site can disrupt nearby residents. Although significant levels of background illumination are present in most urban settings, lighting should be shielded and directed away from property lines to minimize light trespass from the site. Noise attributed to air tools such as impact wrenches is a common concern with this type of use. To help mitigate for this, all tire repairs and replacements should be limited to inside the work bays.

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3. Minimum Lot Frontage; Access Lot 3 has ± 326 ft. of combined frontage on SW Pine Island Road and a public alley. There is no direct access to SW Pine Island Road so access will be from the alley. 4. Building Location; Setbacks The proposed building meets or exceeds the Corridor district setback requirements. 5. Screening and Buffering The applicant has provided a landscape plan that shows a well landscaped site with a continuous hedge screening the north and south perimeter of the site. Staff recommends that a continuous strip of properly maintained landscape area be provided along all property lines to screen the site from adjacent uses. Recommendation: In summary, based on the design and location of this project, staff finds that this Special Exception use will be compatible with the surrounding area. Staff recommends approval of this Special Exception request with the following conditions: 1. A continuous strip of properly maintained landscape area shall be provided along all property lines to screen the site from adjacent uses. Such continuous strip of properly maintained landscape area may, however, be allowed to have walkways and driveway entrances. 2. The outdoor storage of products and materials is prohibited. CONSISTENCY WITH THE COMPREHENSIVE PLAN This project is consistent with the following policies contained within the City’s Comprehensive Plan: Conservation and Coastal Management Element Policy 1.2.17: “The City shall require, as a condition of approval for Planned Development Projects and

Site Plan Reviews, a protected species survey, which reflects the current conditions (at the time of the review) on the development site. If listed species are known to inhabit or use the site, the applicant shall prepare a projected species management plan.”

Future Land Use Element Policy 1.1: “The subdivision of land within the City of Cape Coral shall be granted only within

Developments of Regional impact (DRIs) or in Planned Development Projects (PDPs). Policy 1.8: “The City will maintain regulations ensuring safe and convenient on-site traffic flow and

vehicle parking needs for all developed lands.”

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PROJECT RECOMMENDATION Planning staff recommends approval of all applicant requests with the conditions outlined in the draft development order.

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Exhibit A

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Exhibit B

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Exhibit C

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

NOTICE TO SURROUNDING PROPERTY OWNERS

CASE NUMBER: PDP16-0013

REQUEST: PDP approval to replat 10.6-acres on SW Pine Island Rd into seven commercial lots. Two Special Exceptions are requested:

(1) an automotive service station, limited with a convenience store; and (2) an automotive repair and service-Group 1 within the Corridor Zoning District.

LOCATION: 1011 SW Pine Island Road and 913 SW Pine Island Road

CAPE CORAL STAFF CONTACT: Justin Heller, Planner, 239-574-0587, jheller@capecoral.net

PROPERTY OWNER(S): Cape Coral 6A and 6B, LLC

AUTHORIZED REPRESENTATIVE: Chris Hagan, Hagan Engineering, LLC

UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 AM on Tuesday, August 1, 2017 on the above mentioned case. The public hearing will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, FL.

All interested parties are invited to appear and be heard. All materials presented before the Hearing Examiner will become a permanent part of the record. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. Copies of the staff report will be available 5 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.

After Hearing Examiner has made a written recommendation, the case will be scheduled for a public hearing before the City Council who will review the recommendation and make a final decision. You will receive another public hearing notice when this case is scheduled for a City Council hearing.

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 AM and 4:30 PM. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice.

HOW TO CONTACT: Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P.O. Box 150027, Cape Coral, FL 33915-0027. The hearings may be continued from time to time as necessary.

ADA PROVISIONS: In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 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.

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

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.

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

Customer:

CAPE CORAL FL 33990

USA

1015 CULTURAL PARK BLVDAddress:

CITY OF CAPE CORAL_DEPT OF COMAd No.: 0002291952

Net Amt: $

07/22/17Run Dates:

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µMap Date: July 19, 2017Aerial Date: 2016

CITY OF CAPE CORALDepartment of

Community DevelopmentCase # PDP16-0013

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While every effort is made to accurately depict the mapped area, errorsand omissions may occur. Therefore, the City of Cape Coral cannot beheld liable for incidents that may result due to the improper use of theinformation presented on this map. This map is not intended for con-struction, navigation or engineering calculations. Please contact the

Department of Community Developmentwith any questions regarding this map product.

JULY 5, 2017

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