Sam's club PDP

Sam’s Club PDP (PDP 12-0004)

Final Project Staff Report September 13, 2013

Prepared by Chad Boyko, Planner II

Reviewed by Mike Struve, AICP Planning Team Coordinator

Approved by Derek C.S. Burr, AICP Planning Division Manager

PURPOSE

The purpose of this document is to provide a single, consolidated review from the Planning Division concerning the “Sam’s Club” Planned Development Project (PDP). Within this report the following topics are addressed:

• Description of the subject property; • Description, analysis, and staff recommendation associated with each applicant request; and, • Analysis of the project in terms of consistency with the City’s Comprehensive Plan.

PROJECT REQUESTS AND SUMMARY

The applicant, Sam’s East, Inc. requests approval of a PDP entitled “Sam’s Club”. Within this project, the applicant requests approval of a commercial subdivision that will create seven (7) development tracts – including five (5) outparcels – and two (2) water management tracts. The PDP will include development plan approval of a 141,670 sq. ft. “Sam’s Club” retail establishment along with associated parking and self-service fuel pumps. The proposed project will have a build-out of ten (10) years from the date of adoption of the PDP.

Within this requested PDP, the applicant also requests the following:

• A rezoning for a portion of the project from Village (VILL) to Corridor (CORR). • A special exception to allow for a “Self-Service Fuel Pumps” in a CORR zone. • Development Plan Approval.

DESCRIPTION OF SUBJECT PROPERTY

The proposed Sam’s Club PDP is located on a vacant 36.69 acre property at the northwest corner of the SW Pine Island Road (SR 78) and Hancock Bridge Parkway1 intersection. Proposed access to the project is from the Hancock Bridge Parkway Extension and from NW 4th Avenue. The Future Land Use of the

1 A principal arterial and minor arterial, respectively.

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entire property is Pine Island Road District (PIRD) while approximately 23.42 acres of this site has a zoning of CORR and the remaining 13.27 acres has a zoning of VILL.

The surrounding area consists of single-family homes and vacant lots to the north, east and west, while SW Pine Island Road is situated to the south. A commercial subdivision – that includes a Publix Supermarket and several outparcels – is located on the south side of the SW Pine Island Road and Hancock Bridge Parkway intersection. The Future Land Use and Zoning of surrounding parcels is presented in the Table 1. below.

Table 1. Surrounding Future Land Use and Zoning

Future Land Use Zoning North Single-Family/Multi-Family (SM) Residential Development (RD) South SW Pine Island Road / Pine Island Road District (PIRD) Village (VILL) / Corridor (CORR) East Pine Island Road District (PIRD) Village (VILL) West Pine Island Road District (PIRD) Corridor (CORR)

The property is located approximately 1,300 linear feet southwest of the intersection of SW Pine Island Road and Santa Barbara Boulevard (a major arterial). The property is located in the Urban Services Transition Area and a full suite of utilities is available to the project.

SUMMARY OF APPLICANT REQUESTS

Table 2. below provides information on entitlements requested by the applicant associated with the “Sam’s Club” PDP along with the accompanying staff recommendation. A thorough analysis of each applicant request is provided later within a separate section of this report.

Table 2. Summary of applicant requests and accompanying staff recommendations.

Category Request Staff Recommendation

Subdivision Subdivide the property into seven (7) development tracts – including five (5) outparcels – and two (2) water management tracts.

Approve with conditions

Rezoning Rezone a portion of the project from VILL to CORR Approve Special Exception A special exception to allow “Self-Service Fuel

Pumps” within the PDP. Approve with

conditions Development Plan Approval Approve the development plan for the Sam’s Club

retail establishment Approve with

conditions

REQUESTS: ANALYSIS AND STAFF RECOMMENDATIONS

Subdivision

Findings of Fact

The applicant proposes to subdivide the 36.69 acre subject property into the following tracts:

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1) Stormwater Tract #1 – 1.92 acres 2) Stormwater Tract #2 – 5.15 acres 3) Tract #1 (Outparcel) – 1.22 acres 4) Tract #2 (Outparcel – 1.24 acres 5) Tract #3 (Outparcel) – 1.25 acres 6) Tract #4 (Outparcel) – 1.25 acres 7) Tract #5 (Outparcel – 1.25 acres 8) Tract #6 – 7.83 acres 9) Tract #7 (Sam’s Club) – 15.58 acres

The proposed subdivision will have access from two (2) streets – Hancock Bridge Parkway Extension and NW 4th Avenue. Currently, Hancock Bridge Parkway Extension is only partially improved, therefore, the applicant will be required to improve this street to adequately accommodate vehicular ingress/egress. The applicant will also be required to improve a portion of NW 4th Avenue as the portion of the street that provides access to the subject property has not been fully constructed.

A 141,670 sq. ft. Sam’s Club retail establishment is proposed for Tract #7, however, the specific uses that will be employed on the other six remaining development tracts is unknown. Circulation through the subdivision will be via an east-west drive aisle. Tracts 1-7 will be required to utilize this drive-aisle for indirect access as future direct access to SW Pine Island Road is not anticipated to be granted by FDOT. Outparcels 1-5 will also be required to provide cross-access between each outparcel per LUDR, Section 2.7.13.F.5. The applicant has also proposed to construct a six-foot high masonry wall along the northern property line between the two (2) surface water tracts and the abutting residential properties. The masonry wall will help screen the residences from the proposed development and provide safety for residents of the neighborhood. The wall will match the color scheme of the Sam’s Club building and landscaping will be installed on the outside of the wall.

The applicant intends to construct all infrastructure prior to the final plat recording. If all infrastructure is completed prior to the final plat recording, the applicant will not need to submit a bond or a letter of credit to the City of Cape Coral for security.

Analysis

Planning staff has reviewed the applicant’s proposed subdivision plan per LUDR, Section 4.1 and 4.2 and finds that the applicant has complied with all regulations for subdivisions and PDP’s. The proposed subdivision has appropriate access and has provided stormwater retention and internal utilities. Planning staff recommends approval of the proposed subdivision with the following conditions.

1) A six-foot wall shall be constructed along the northern boundary of the project. The wall shall be constructed of pre-cast concrete and shall be painted to match the colors of the building located on Tract 7. The wall shall be constructed prior to the issuance of a Certificate of Occupancy (CO) for any building within the project.

2) Outparcels 1 through 5 shall provide vehicular cross-access between adjoining outparcels.

3) Outparcels 1 through 5 shall each provide vehicular access to the cross access easement located at the northern lot line of each tract.

4) Delivery trucks shall be limited to utilizing the SW Pine Island Road for project ingress/egress. Signage shall be installed along the NW 4th Avenue ingress/egress announcing that trucks are restricted from using the NW 4th connection for direct access to the development.

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Rezoning

The applicant requests a rezoning of approximately 13.27 acres from Village (VILL) to Corridor (CORR).

Findings of Fact

The subject property contains 36.69 acres with 13.27 acres of the subject property that is zoned VILL and the remaining 23.42 acres is zoning CORR. The applicant desires the rezoning in order to have a property with consistent zoning throughout and to allow a wider variety of permitted and special exception uses. The applicant is also seeking a special exception for “Self-Service Fuel Pumps” which is allowed in the CORR district but not the VILL district.

Analysis:

The Planning Division has reviewed this request based on the ten (10) standards provided within LUDR, Section 8.7.3.B and offers the following analysis for consideration:

1) The extent to which the property is diminished by the proposed zoning of the property:

The requested rezoning should increase the value of the property. The CORR district generally allows a wider variety and a higher intensity of uses than does the VILL district. The expanded schedule of uses in the CORR should allow the applicant greater flexibility for the Sam’s Club PDP. As discussed earlier, the CORR district allows “Self-Service Fuel Pumps” as a special exception while the VILL district does not. Staff does not find any evidence that the rezoning of the property would diminish the overall value of the subject property.

2) The extent to which the removal of a proposed change in zoning depreciates the value of other property in the area:

Planning staff finds that the CORR district allows a wider variety of uses, some of which are more intensive than the uses found in the VILL district. The CORR district allows for a small number of manufacturing uses by-right and also allows for more intense commercial/retail uses such auto repair and automotive sales. Under normal circumstances, the wider of variety of uses associated with the CORR district may contribute to compatibility concerns associated with the proximity of the nearby residential area located to the north of the proposed project, however, the proposed rezoning is within a PDP, which allows the City to be more restrictive on the type of development. The PDP allows staff and City Council to place conditions on the property to ensure that all future development is in accordance with the surrounding area. Planning staff also notes that many of the uses in the CORR district that could cause compatibility issues are only allowed through a special exception, a process that also affords the City an opportunity to place conditions, when warranted, upon a proposed use or uses.

3) The suitability of the property for the zoning purpose:

Planning staff finds that the property is well-suited for the proposed rezoning of CORR due to a number of factors. The property has PIRD land use, and the proposed zoning of CORR would be

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compatible with this land use. The property has frontage on SW Pine Island Road and is large enough to support many of the uses within the CORR district. The property is adjacent to other properties that are zoned CORR. While, the subject property is adjacent to other properties having a residential future land use classification, this rezoning is proposed within a PDP, which helps protect the residential properties from potentially adverse impacts. Finally, the subject property has all available utilities – water, sewer and irrigation – in order to support future commercial uses.

4) The character of the neighborhood, existing uses, zoning of nearby and surrounding, and compatibility of the proposed zoning:

The proposed rezoning is compatible with many of the surrounding properties to the east, west and south that have existing commercial uses or have CORR or VILL zoning already in place. The properties that are adjacent to the north have residential land use and zoning and staff finds that these properties may be affected by the proposed rezoning. The CORR district does allow for a wide variety of commercial uses and also allows for some light industrial manufacturing uses. Staff notes that the VILL district also allows a number of commercial uses, but not on the scale of the CORR district. Staff also finds that because the proposed rezoning in being requested within a PDP, the adjacent properties have some additional protection. The proposed development plan shows a six-foot wall along the rear of the residential properties and the plan shows approximately 200 feet of separation between the residences and the proposed Sam’s Club. Staff also notes that landscaping will be provided outside the six-foot wall along part of the north property line to further buffer the residences from the proposed use. These factors should increase the compatibility of the proposed rezoning with the properties located to the north.

5) The relative gain to the community as compared to the hardship, if any imposed, from rezoning said property:

Planning staff finds that the proposed rezoning to CORR would allow for a commercial development that offers a wider variety of uses and commercial establishments for the residents of the City compared to the existing VILL zoning. Staff finds that the proposed rezoning will not impose a hardship on the community.

6) The community need for the use proposed by the zoning:

Historically, the City of Cape Coral has had a deficit in the amount of commercial-zoned property in comparison to residential-zoned property. While the proposed rezoning from VILL to CORR is not akin to a rezoning from residential to commercial, the rezoning should strengthen the City’s commercial base by adding over 36 acres of CORR zoned property to the Pine Island Road corridor. The proposed rezoning will support a Sam’s Club establishment as well as several other outparcels within the proposed subdivision by allowing these properties to develop under a single set of zoning regulations. The proposed rezoning may contribute to strengthening the City’s tax base and add more commercial destinations for the residents of Cape Coral.

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7) Length of time the property proposed to be rezoned has been vacant, as zoned, when considered in the context of the City of Cape Coral Comprehensive Land Use Plan for the development of the proposed property and surrounding property:

The subject property’s Future Land Use was amended from Highway Commercial (HC) to Pine Island Road District (PIRD) on October 1st, 2002 via Ordinance 38-02. The subject property’s zoning was amended from Single-Family Residential (R-1A) to Village (VILL) on February 9th, 2004 via Ordinance 08-04.

8) The extent to which the proposed zoning promotes the health, safety, morals, or general welfare of this community:

Because the proposed rezoning is consistent with the City’s Comprehensive Land Use Plan, the proposed change assists the community in achieving its long-term vision by adding or enhancing commercial land for a future commercial development at an appropriate location.

9) The extent to which the proposed zoning will impact the level of service standards for public facilities as specified in the Comprehensive Plan:

The subject parcel is located in the City’s Urban Service Transition Area. Any future development of the parcel has access to City water, sewer and irrigation services.

10) Whether the proposed zoning is consistent with the City of Cape Coral’s Comprehensive Land Use Plan:

Planning staff finds that the proposed rezoning is consistent with the City’s Comprehensive Plan as the CORR district is one of two zoning districts2 that are compatible with the PIRD future land use classification. The proposed rezoning is also compatible with Policy 1.13 of the Future Land Use element as the proposed development will not be “strip commercial” but will be located on a property that is over 36 acres. The rezoning is also compatible with Policy 1.14, “Commercial Siting Guidelines” as the property has adequate depth and is located at the intersection of a major and minor arterial. Planning staff also finds that the proposed rezoning is consistent with the seven (7) Corridor criteria found in Policy 1.15, M of the Future Land Use Element.

Recommendation

Planning staff finds that the proposed rezoning from VILL to CORR is consistent with all standards found in LUDR, Section 8.7.3.B and is consistent with the City’s Comprehensive Plan. Therefore, Planning staff recommends approval of the proposed rezoning.

Special Exception

The applicant requests a special exception to operate a “Self Service Fuel Pumps” use in the CORR district. The “Self Service Fuel Pumps” will be an ancillary component of the overall Sam’s Club project. The fuel pumps will be owned and operated by Sam’s Club.

2 Village is the other compatible district.

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Findings of Fact

“Self-Service Fuel Pumps” are defined within Section 11.1 of the City’s LUDR as “Vehicle fuel dispensing pumps providing an accessory use to a permitted retail trade establishment but in which only ‘self-service’ pumps are provided and no other vehicle service is provided.” The applicant intends to construct the self-service fuel pumps on Tract 7, which is the same tract that the proposed Sam’s Club will be located on. The applicant has stated that there will be six (6) fueling stations housing twelve (12) fuel pumps. No convenience store is proposed, however, a maintenance building will be constructed to service the fuel pumps when needed. The hours of operation for the fuel pumps will be Monday through Saturday 6:00 a.m. till 9:00 p.m. and on Sunday from 9:00 a.m. till 7:00 p.m.

Analysis

The Planning Division has reviewed this application based on the City’s Land Use and Development Regulations (LUDR), Section 2.7.1, the CORR district, and the five (5) standards outlined within LUDR, Section 8.8.5a-e which covers special exceptions, and offers the following analysis for consideration:

1) Generally:

The subject parcel has Pine Island Road District (PIRD) land use and a rezoning to CORR is proposed within the PDP. “Self-Service Fuel Pumps” are allowed in the CORR district with a minimum area of 45,000 sq. ft. The subject property is over 36 acres, therefore, the proposed use exceeds this minimum area criterion. Planning staff notes that the proposed use is not allowed in the VILL district, therefore, if the proposed rezoning to CORR is denied within this PDP, the proposed use would only be allowed within areas of the PDP with CORR zoning.

2) Compatibility:

“Self-Service Fuel Pumps” are typically less obtrusive than other uses3 that involve the dispensing of gasoline or other types of fuel as “Self-Service Fuel Pumps” do not involve activities such as vehicle repairs or car washes that can generate additional noise, traffic or light. Staff also finds that due to a number of factors, the “Self-Service Fuel Pumps” proposed within the Sam’s Club should be compatible with the Sam’s Club development and the surrounding residential areas. The proposed fuel pumps will be an ancillary use to the much larger Sam’s Club establishment. The majority of the traffic will likely be initially generated by the Sam’s Club and not by the self-service fuel pumps. Planning staff also notes that according to the development plan, the fuel pumps will be located approximately 350 feet north of SW Pine Island Road and approximately 700 feet away from the nearest residential use. The applicant has also proposed a six-foot wall along the northern property line of the Sam’s Club development that will shield the residences from the Sam’s Club and the associated fuel pumps. The separation of the fuel pumps from the homes, in conjunction with the six-foot wall should mitigate most adverse impacts that the fuel pumps may have on the nearby residences. Staff finds that all of

3 Such as “Automotive Service Station”

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the factors listed above should eliminate or remove any compatibility issues associated with the proposed special exception use.

3) Minimum Lot Frontage; Access:

The subject property has approximately 1,200 feet of frontage along SW Pine Island Road. Existing access to the site is from SW Pine Island Road and NW 4th Avenue. Access to the site will be from SW Pine Island Road via the Hancock Bridge Parkway Extension and NW 4th Avenue. The ingress/egress from NW 4th Avenue will be limited to cars and personal trucks. Delivery trucks will be prohibited from utilizing NW 4th Avenue in order reduce disruptions to the surrounding residences.

4) Building Location; Setbacks:

The exact location of the “Self-Service Fuel Pumps” has not been determined, however, any structures or building located within the Sam’s Club PDP will be required to abide by all setback and building location requirements in the CORR district.

5) Screening and Buffering:

The Sam’s Club PDP will have substantial buffering on all four (4) sides of the project. The “Self-Service Fuel Pumps” would be most visible from SW Pine Island Road, however, the Sam’s Club development will have ROW landscaping along the entirety of its road frontage. Additional landscaping on the east side of the project will help to further screen the proposed special exception use. Staff does not recommend any additional landscaping for this project, other than what has been shown for the Sam’s Club PDP.

Additional Conditions that May be Imposed on the Development

The Board of Zoning Adjustment and Appeals (BZA) and the Cape Coral City Council may approve this project with staff conditions, may modify staff conditions, or eliminate one or more conditions in their entirety. In addition, the BZA or the City Council has the option of recommending or imposing additional conditions on this proposed project. Additional conditions that could be prescribed by the BZA or the City Council for a project of this nature are listed below. Please note that this list is not meant to be an inclusive list, but it is intended to provide guidance to BZA members and Council of other options that are available for consideration as a condition of approval. Such conditions for approval could include:

• Requiring modifications to the landscaping plan. • Limiting the location of any of the buildings or structures. • Placing conditions on lighting. • Placing limitations on hours of operations.

Recommendation

The City defines a “special exception” use as “a use which is essential to, or would promote the public health, safety or welfare in one or more districts, but which might impair the integrity and character of

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the district in which it is located, or in adjoining districts, such that restrictions or conditions on location, size, extent and character of performance may be imposed in addition to those already imposed in this ordinance.” Planning staff finds that the proposed use will not have a negative impact on the surrounding residential uses nor will the proposed use impair the CORR district. Therefore, the Planning Division recommends approval of the requested special exception use.

Master Development Plan Approval

The applicant seeks master development plan approval for this project.

Planning staff finds that the proposed master development plan is consistent with LUDR, Section 4.2 and 4.3 and therefore, staff recommends approval of the plan pursuant to the approval of the special exception and rezoning requests. The applicant proposes to construct a Sam’s Club retail establishment and the master development plan shows adequate parking spaces and landscaping to accommodate the requested use. The development plan also shows adequate access to the proposed development and an internal circulation plan providing for vehicular movement throughout the project. Planning staff notes that the project will require site plan approval for the construction of the infrastructure, site improvements and the proposed commercial building(s) associated with the PDP.

Public Works Staff has also analyzed the traffic impact of the proposed development and found that the project will require off-site improvements along SW Pine Island Road and Hancock Bridge Parkway and the Hancock Bridge Parkway Extension. The applicant will be required to submit permits with either the City of Cape Coral or Florida Department of Transportation (FDOT) in order to construct the these improvements.

CONSISTENCY WITH THE COMPREHENSIVE PLAN

The Sam’s Club PDP is consistent with the following Comprehensive Plan Policies:

Chapter 4, Policy 1.14: The PPD is consistent with the Commercial Siting Guidelines.

Chapter 4, Policy 1.15: The PDP is consistent with the PIRD land use classification as the proposed zoning of the property is CORR. The project is also consistent with the proposed uses found in this policy for the Corridor section which include “larger scale commercial retail (big box stores over 50,000 sq. ft.)

PROJECT RECOMMENDATION

Staff finds that this PDP described within this report as submitted by the applicant, is consistent with the City’s Land Use and Development Regulations and the Comprehensive Plan. Staff recommends approval of this PDP subject to the conditions outlined with the Development Order.

Staff Contact Information Chad Boyko, Planner II PH: (239)573-3162 Email: [email protected]

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mailto:[email protected]

COUNCILMEMBER McGRAIL PDP 12-0004 09/11/13 09/12/13

ORDINANCE 59 - 13

AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "SAM'S CLUB" FOR CERTAIN PROPERTY DESCRIBED AS LOTS 37 THROUGH 44, FLORIDA TROPICAL FARMS SUBDIVISION, CAPE CORAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 215-401 SOUTHWEST PINE ISLAND ROAD; REZONING A PORTION OF THE PROPERTY FROM VILLAGE (VILL) TO CORRIDOR (CORR); GRANTING A SPECIAL EXCEPTION FOR SELF SERVICE FUEL PUMPS; GRANTING SUBDIVISION APPROVAL; GRANTING DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, an application from Sam's East, Inc., an agent with written authorization from Eagle FL I SPE, LLC, the owner of 100% of the property comprising the PDP, has been received requesting approval of a Planned Development Project (PDP) for "Sam's Club"; requesting subdivision, rezoning, special exception, and development plan approval; and

WHEREAS, the request has been reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency; and

WHEREAS, the City Council has considered the recommendations of the Planning and Zoning Commission/Local Planning Agency.

NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS PURSUANT TO THE LAWS OF FLORIDA, AND OTHER APPLICABLE LAWS, THIS ORDINANCE:

SECTION I. PDP APPROVAL, SUBDIVISION, REZONING, SPECIAL EXCEPTION.

Having reviewed the application requesting approval of a Planned Development Project for "Sam's Club" PDP, requesting subdivision of the project parcel into seven development tracts and two stormwater tracts, requesting rezoning a portion of the project parcel from Village (VILL) to Corridor (CORR) zone, requesting a special exception for a "Self Service Fuel Pumps" use; and having considered the recommendations of the Planning and Zoning Commission and the Local Planning Agency, the City Council of the City of Cape Coral, Florida, does hereby grant the aforesaid PDP approval, and approve PDP Master Plans, in accordance with plan set, Sheets 6010, 6115, 6120, 6510, and 6600, dated April 5, 2013, and also bearing a revision date of September 6, 2013, prepared by Kimley-Horn and Associates, Inc and Sheets 1-8, dated December 12, 2012, and also bearing a revision date of March 28, 2013, prepared by CPH, for purposes of development plan approval pursuant to Section 4.2 of the City of Cape Coral Land Use and Development Regulations from the date of adoption of this ordinance. Approval of the PDP shall be subject to the terms and conditions set forth below.

SECTION II. FINDING OF FACT/CONCLUSION OF LAW

A. The "Sam's Club" development is a Commercial Planned Development Project (PDP) consisting of 36.69 acres of land located at the northwest corner of the intersection of Pine Island Road, also known as State Road 78, and Hancock Bridge Parkway. The proposed development will contain seven development tracts with some retail uses. The development proposal includes a Sam's Club retail establishment along with self service fuel pumps. Access to the project will be from Pine Island Road via the Hancock Bridge Par1.-way Extension. The development will have a build out period of ten years.

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B. The name(s) of the legal and equitable owner(s) is Eagle FL I SPE, LLC.

C. The legal description of the property is as follows:

See attached Exhibit "A"

D. The City of Cape Coral Official Zoning District Map of all of the property within the limits of the City of Cape Coral is hereby amended with respect to real property described in Exhibit B, by rezoning said property from Village (VILL) to Corridor (CORR) ZONE, and the City administrative office shall amend the City of Cape Coral Official Zoning District Map to reflect this zoning change.

The amendment to the City of Cape Coral Official Zoning District Map as prescribed herein is consistent with the City of Cape Coral Comprehensive Plan.

E. The "Sam's Club" PDP subject parcel has 36.69 acres zoned Corridor (CORR) pursuant to the authority of Chapter 166, Florida Statutes, and the Land Use and Development Regulations, Cape Coral, Florida, as same may hereafter be amended. The subject property has approximately 36.69 acres with a Future Land Use designation of Pine Island Road District (PIRD).

F. All future structures and uses, population density, building intensity, and building height and any other dimensional regulations shall conform to the provisions of the respective zoning district of the Land Use and Development Regulations, Cape Coral, Florida, as same may hereafter be amended. In addition, the development shall obtain all local development permits from the City of Cape Coral, Florida, and other governmental jurisdictions. Failure of this agreement to address a particular permit, condition, term, restriction, or zoning regulation shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, restrictions, or zoning regulations.

G. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area.

H. The proposed development, as noted, is consistent with the adopted City of Cape Coral Comprehensive Plan, and the City of Cape Coral Land Use and Development Regulations.

I. The term Developer for purposes of this development order shall mean and refer to Eagle FL I SPE, LLC, its successors in interest, lessees, and/ or assigns, or any builder/ developer who acquires any tract of land within the PDP, its successors in interest, lessees, and/ or assigns.

SECTION III. ACTION ON REQUEST AND CONDITIONS OF APPROVAL

NOW, THEREFORE, be it ordained by the City Council of Cape Coral, Florida, in public meeting duly advertised, constituted and assembled, that the Planned Development Project application for Development Approval is hereby ordained approved, subject to the following conditions, restrictions, and limitations deemed necessary for the public health, safety, and welfare.

A. DRAINAGE/WATER QUALITY

1. Prior to the issuance of any site plan or building permits, a surface water management design meeting the criteria of the South Florida Water Management District (SFWMD) shall be submitted and approved by the City of Cape Coral.

2. Prior to commencement of construction of any improvements shown on an approved site development plan(s) a South Florida Water Management District (SFWMD) construction permit for the proposed improvements shall be obtained and a copy provided to the City.

3. If the SFWMD construction permit plan differs from the plan submitted to the City for PDP approval, the Developer will not be required to amend the PDP unless a substantial deviation occurs as provided in Section IV. G.

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4. At completion of construction, as required by the conditions imposed by SFWMD and prior to the issuance of a Certificate of Occupancy, the Developer will be required to provide certification by the Engineer of Record that all stormwater infrastructure and facilities have been constructed in accordance with the design approved by SFWMD and the City of Cape Coral, and should consist of the wording "Construction Compliance Certification".

B. ENERGY

The Developer shall incorporate at a minimum the following energy conservation measures into this development. All applications for site plan approvals and building permits shall be accompanied by a document detailing proposed compliance with these conditions:

1. Cooperation in the location of bus stops, shelters, and other passenger and system accommodations for a transit system to service the project area. Any proposed bus stops shall be within the right-of-way of Pine Island Road.

2. Use of energy efficient features in window design (e.g., tinting and exterior shading).

3. Use of a Daylight Harvesting System consisting of skylights and an automatically controlled lighting system that continuously varies the intensity of artificial light as the daylight contribution changes.

4. Installation of energy-efficient appliances and equipment.

5. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation, and solar water heating systems).

6. Installation of energy-efficient lighting for streets, parking areas, and other interior and exterior public areas.

7. Selection, installation, and maintenance of plants, trees, and other vegetation and landscape design features that have minimal requirements for water, fertilizer, maintenance, and other needs. A list of native plants best suited to the soil conditions of Cape Coral by section is available from the Department of Community Development.

8. Planting of shade trees to provide shade for all street and parking areas.

9. Developer shall make a reasonable effort to provide orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind.

10. Provision for structural shading (e.g., trellises, awnings, and roof overhangs), wherever practical when natural shading cannot be used effectively.

11. Consideration by the project architectural review committee(s) if any exists, of energy conservation measures (both those noted here and others) to assist builders and tenants in their efforts to achieve greater energy efficiency in the development and compliance with the above conditions.

12. Provision of bicycle/pedestrian system connecting all land uses to be placed along arterial and collector roads within the project. The system is to be consistent with local government requirements.

13. Provision of bicycle racks or storage facilities in recreational, commercial, and multifamily residential areas.

C. WETLANDS, VEGETATION, AND WILDLIFE

1. Ongoing control and removal of nuisance exotic plants onsite is required, including but not limited to, Casuarina sp. (Australian Pine), Melaleuca quinquenervia

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(melaleuca), and schinus terebinthifolius (Brazilian Pepper), and all Category I invasive exotic plants listed by the Florida Exotic Pest Plant Council.

2. All landscaping and screening required in the subject development by either this Development Order or the City Code of Ordinances or the City Land Use and Development Regulations shall be maintained in good condition throughout the life of this development.

3. A protective barrier composed of stakes and rope and/ or other suitable material with good visibility and durability shall be placed around all existing trees to remain as shown on sheet(s) 6510 dated April 5, 2013 and bearing a revision date of September 6, 2013 of submitted development plans.

a. The protective barrier shall be erected prior to land preparation or construction activities.

b. The protective barrier shall be placed at or greater than the full dripline of all protected trees and shall be maintained and remain in place until all major construction activity is terminated.

c. No equipment, chemicals, soil deposits or construction materials shall be placed within such protective barriers.

d. Light construction activities subsequent to the removal of protective barriers shall be accomplished with light machinery or hand labor.

4. The Developer shall comply with the State of Florida regulations pertaining to the protection of gopher tortoise burrows located on the site and a protective barrier composed of stakes, silt fence, and rope or other suitable materials shall be placed around all existing gopher tortoise burrows, including any that are discovered during the life of the project. This requirement shall be waived if the Developer provides the City with evidence of a funded incidental take/ mandatory relocation permit prior to the issuance of a City of Cape Coral permit for the excavation, grading, clearing, or any similar disturbance of the ground. Entombment of tortoises is strictly prohibited at all times, regardless of the type of permit procured by the applicant.

When gopher tortoise burrows are located on the site, the Developer shall seek a gopher tortoise relocation permit from the State of Florida for some or all of the gopher tortoises that must be relocated on-site or removed from the site, and provide a copy to the City prior to issuance of a permit. In the event gopher tortoise relocation is off-site, then the Developer shall provide the City of Cape Coral with a signed letter(s) of acceptance from the owner(s) of the property upon which the gopher tortoises will be relocated. The letter must state the number of gopher tortoises each property owner is willing to accept in accordance with the State of Florida regulations in effect at the time of relocation.

5. In the event all or a portion of the subject property is located within an Eagle Nest Management Zone, the developer shall comply with all City laws, regulations, and guidelines that are currently in effect or that may be hereafter adopted by the City concerning the protection and management of bald eagle nests including, but not limited to Chapter 23 of the City Code of Ordinances. No development shall occur on any portion of the subject property that is within an Eagle Nest Management Zone except in accordance with a Bald Eagle Management Plan that has been approved by the City. Once an Eagle Management Plan has been approved by the City for all or a portion of the property, the Developer's ability to develop in accordance with such Plan shall not be affected by any amendment to the City's regulations concerning eagle nests, so long as no additional or "new" eagle nest need to be accommodated. In the event, however, that one or more eagle nests are hereafter established or determined to be active in locations that result in all or a portion of the subject property being located in a new or expanded Eagle Nest Management Zone, then no development shall occur in such new zone except in accordance with an Eagle Management Plan that has been approved by the City for such zone.

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D. FIRE PROTECTION

1. Fire impact fees shall be paid as specified by City Ordinance.

2. The Developer shall review site development plans with the Cape Coral Fire Department to incorporate fire protection design recommendations into the project.

E. WATER CONSERVATION

1. The Developer shall incorporate the use of water conserving devices as required by state law (Section 553.14, Florida Statutes).

2. For the purpose of non-potable water conservation, the development should require, the utilization of Florida Yards and Neighborhoods (FYN) and other xeriscape principals, where feasible, in the design and installation of the project's landscaping. FYN materials and assistance are available through the Planning Division and the Environmental Resources Division.

3. Irrigation will be accomplished in accordance with City Ordinance(s) or South Florida Water Management District mandate as applicable.

F. SOLID WASTE

1. The Developer and tenants of the project should investigate methods of reducing solid waste volume at the project.

2. The Developer and tenants of the project shall identify to the City, the presence of and the proper on-site handling and temporary storage procedures for hazardous waste that may be generated on-site, in accordance with local, regional, and state hazardous waste programs.

3. The Developer will require that an EPA/DEP approved holding storage tank be provided on-site along with the proper monitoring devices if a prospective user has the potential for producing toxic or industrial waste. These wastes shall be disposed of off-site by a company licensed to dispose of such wastes.

4. The Developer shall inform the waste hauler and disposer of the nature of any hazardous waste on the site, to determine if, and the extent of, any special precautions that may be necessary.

5. No solid waste disposal facilities shall be located on site.

6. The Developer will participate in recycling programs.

7. Solid waste disposal shall be provided through Lee County, Florida pursuant to Special Act, Chapter 85-447. Current and planned facilities have sufficient capacity to meet the demands of this development.

G. WASTEWATER MANAGEMENT

1. Wastewater (sewer) service is available to the site.

2. The Developer shall design, construct and install all improvements required by the City to connect to the City's wastewater system. Said design, construction, and installation shall be accomplished in accordance with prevailing City design criteria and shall be subject to City inspection and approval prior to acceptance.

3. Wastewater containing hazardous materials shall be segregated and handled in accordance with Florida Department of Environmental Protection (DEP) criteria. Wastewater entering the City system shall meet quality limitations as specified by City Ordinance(s).

4. Sewer impact fees, Contribution In Aid of Construction (CIAC), and/or all other applicable fees shall be paid as specified by City Ordinance(s).

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5. The Developer shall connect to City wastewater facilities as specified by City Ordinance.

6. The Developer shall grant appropriate easements to City for utility service prior to issuance of a building permit. Prior to connection of this development to City utility facilities, the Developer shall convey to the City the component parts of the Wastewater system that were constructed by Developer by bill of sale in a form satisfactory to the City Attorney, together with such other evidence as may be required by the City that the utility system proposed to be transferred to the City is free of all liens and encumbrances.

H. WATER SERVICE

1. Water service is available to the site.

2. The Developer shall design, construct and install all improvements required by the City to connect to the City's water system. Said design, construction, and installation shall be accomplished in accordance with prevailing City design criteria and shall be subject to City inspection and approval prior to acceptance.

3. Water impact fees, CIAC fees, and/ or all other applicable fees shall be paid as specified by City Ordinances(s).

4. The Developer shall connect to City water facilities as specified by City Ordinance.

5. The Developer shall grant appropriate easements to City for utility service prior to issuance of a building permit. Prior to connection of this development to City utility facilities, the Developer shall convey to the City the component parts of the water system that were constructed by Developer by bill of sale in a form satisfactory to the City Attorney, together with such other evidence as may be required by the City that the utility system proposed to be transferred to the City is free of all liens and encumbrances.

I. IRRIGATION SERVICE

1. Irrigation service is available to the site. When service becomes available, Developer shall connect to the City's irrigation system as prescribed by Ordinance.

2. Developer shall connect to the City's irrigation system as prescribed by City Ordinance. The Developer shall design, construct, and install all improvements required by the City to connect to the City's irrigation system in accordance with prevailing City design criteria and shall be subject to City inspection and approval prior to acceptance.

3. Irrigation impact fees, CIAC fees and/ or all other applicable fees shall be paid as specified by City Ordinance(s).

4. The Developer shall grant appropriate easements to the City for utility service prior to issuance of a building permit. Prior to connection of this development to City utility facilities, the Developer shall convey to the City the component parts of the irrigation system that were constructed by Developer by Bill of Sale in a form satisfactory to the City Attorney, together with such other evidence as may be required by the City that the utility system proposed to be transferred to the City is free of all liens and encumbrances.

J. AIR QUALITY

1. If any of the individual tract owners/ developers create a complex source of pollution as defined by DEP rules, they shall apply directly to DEP for permitting.

2. Each individual tract development will be required to comply with all federal, state and local laws and codes governing air quality and emissions.

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K. HISTORICAL/ ARCHAEOLOGICAL

During the life of the project, if any historical or archaeological sites are uncovered, work in the vicinity shall cease until the proper authorities can be contacted and an evaluation of the site carried out.

L. TRANSPORTATION

1. The traffic impacts of this development do not degrade roadway and intersection level of service (LOS) below LOS standards adopted in the City of Cape Coral Comprehensive Plan.

2. To mitigate potential impacts from the proposed project the developer shall comply with the requirements outlined below. All transportation improvements required herein shall be made at the developers' expense and shall be completed prior to the issuance of a certificate of occupancy for the first building erected in the project. Transportation impacts are based on the Traffic Impact Analysis (Revised), dated March 2013 prepared by CPH Engineers. Any changes to the uses in the development which result in an increase in trip generation of more than 5% will require an evaluation of the total project impacts (existing, proposed at that time, and future).

3. The Developer shall obtain all appropriate permits from Florida Department of Transportation (FOOT) for any improvements constructed within the Pine Island Road right of way. Copies of the FDOT permits shall be provided to the City upon receipt of the permits by Developer. Improvements required by FOOT include at a minimum, the following:

a. Construction of ingress/ egress at the project entrance located on Pine Island Road.

b. Construction of a west-bound right turn lane located on the northern side of Pine Island Road that connects to the entrance of the project.

c. Construction of an additional east bound left turn lane into the project located on the south side of Pine Island Road.

d. Reconfiguration of existing west bound turn lane on the north side of Pine Island Road onto SW 3rd Place in order to accommodate the left turn lanes described in C above to be constructed.

e. Lengthening of east bound turn lane on Pine Island Road for turns north bound onto Santa Barbara Boulevard.

4. Prior to the issuance of a certificate of occupancy for the first building developed, Developer shall make certain improvements to the City rights-of-way at the intersection of Pine Island Road and Hancock Bridge Parkway. Those improvements shall include at a minimum, the following:

a. Restriping the intersection to include a north bound through lane on Hancock Bridge Parkway south of Pine Island Road.

b. Adding additional signal heads as coordinated with and approved by FOOT and the City's transportation division to accommodate the project entrance and new lanes.

c. Coordinate with FDOT and the City's transportation division to adjust the signal timing as necessary to accommodate the additional lanes required for the project.

d. Lengthen the north bound right turn lane on Hancock Bridge Parkway south of Pine Island Road.

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e. Remove and reconstruct the segment of road north of Pine Island Road that comprises the Hancock Bridge Parkway extension.

5. Construction of roadway on NW 4th Avenue from the project boundary to NW 1st

Street.

6. The Developer shall provide the City of Cape Coral all appropriate Road Impact Fees at the time of application for each building permit.

7. The Developer shall convey to the City the component parts of the transportation infrastructure constructed by the Developer and being transferred to the City on a form acceptable to the City Attorney, together with such other evidence as may be required by the City that the transportation infrastructure is free of all liens and encumbrances.

M. SUBDIVISION

1. The Developer shall meet all requirements of Section 4.2.11., Minimum Design Standards, City of Cape Coral Land Use and Development Regulations.

2. 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, letter of credit, or certified check in an amount equal to 110% 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.

3. The Director shall submit the Subdivision Plat for the Mayor's signature after all required site improvements have been satisfactorily completed or the City has received a surety bond, letter of credit or certified check in an amount equal to 110% of the estimated cost to complete of all required site improvements. Such Plat shall then be recorded with the Lee County Clerk pursuant to Chapter 177, Florida Statutes. A duplicate recorded mylar copy of the Plat shall be submitted to the City.

N. GENERAL CONSIDERATIONS

1. Prior to issuance of a permit, the Developer shall enter into an agreement, in a form acceptable to the City Attorney, regarding obligations resulting from landscaping located in utility easements.

2. The Developer shall construct a six-foot wall along the northern boundary of the project parcel with the exception of the ingress/ egress at NW 4th Avenue. The wall shall be constructed of pre-cast concrete and shall be painted to match the colors of the building located on Tract 7. The wall shall be constructed prior to the issuance of a Certificate of Occupancy (CO) for any building within the project.

3. Access to the public right-of-way shall be provided by a cross access easement. The cross access easements shall be located at the northern lot lines of Tracts 1 through 5 from the western property line to the western edge of the City right-of-way, and from the eastern edge of the City right-of-way to the eastern property line.

4. Outparcels 1 through 5 shall provide vehicular cross-access between each adjoining outparcel.

5. Outparcels 1 through 5 shall each provide vehicular access to the cross access easement located at the northern lot line of each tract.

6. The special exception for the "Self Service Fuel Pumps" use is limited to Tract #7.

7. Delivery trucks shall be limited to utilizing the Southwest Pine Island Road ingress/ egress. Signage shall be installed along the NW 4th Avenue ingress/ egress indicating that trucks are restricted from using the NW 4th Avenue ingress/ egress.

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0. CONCURRENCY

The "Sam's Club" PDP is concurrent for roads, sewer, water, drainage, solid waste, and parks based on the analysis of the proposed development and specific mitigation programs specified herein.

SECTION IV. LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT ORDER, AND ADMINISTRATIVE REQUIREMENTS

A. This Development Order shall constitute an ordinance of the City of Cape Coral, adopted by this Council in response to the Planned Development Project application filed for the "Sam's Club" PDP.

B. This Development Order shall be binding on the Developer. Those portions of this Development Order which clearly apply only to the project Developer shall not be construed to be binding upon future owners of the project tracts. It shall be binding upon any builder/ developer who acquires any tract of land within the PDP.

C. The terms and conditions set out in this document constitute a basis upon which the Developer and City may rely in future actions necessary to implement fully the final development contemplated by this Development Order.

D. All conditions, restrictions, stipulations, and safeguards contained in this Development Order may be enforced by either party hereto by action at law or equity, and all costs of such proceedings, including reasonable attorney's fees, shall be paid by the defaulting party.

E. Any references herein to any governmental agency shall be construed to mean to include any future instrumentality which may be created and designated as successor in interest to or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order.

F. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all applicable local or state review and permitting procedures, except where otherwise specifically provided. Such approval shall also not obviate the duty of the Developer to comply with any City Ordinance or other regulations adopted after the effective date of this Development Order.

G. Subsequent requests for local development permits shall not require further review, unless it is found by the City Council, after due notice and hearing, that one or more substantial deviation(s), or other changes to the approved development plans which create a reasonable likelihood of adverse impacts which were not evaluated in the review by the City have occurred. Substantial deviations include but are not limited to:

1. Any change which requires a variance to code and above those specifically incorporated herein.

2. An increase of more than five (5) percent in density, parking requirements, trip generation rates, water or sewer usage, or building square footage.

3. An expiration of the period of effectiveness of this Development Order as herein provided.

4. If development order conditions and applicant commitments incorporated within the Development Order to mitigate impacts are not carried out as indicated to the extent or in accordance with the Development Order, then this shall be presumed to be a substantial deviation from the Development Order.

Upon a finding that any of the above is present, the City Council may order a termination of all development activity until such time as a new PDP Application for Development Approval has been submitted, reviewed and approved and all local approvals have been obtained.

H. The physical development authorized under this Development Order shall terminate in ten years from the date of adoption of this Development Order, unless an extension is approved

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by this Council. The Council may grant an extension if the project has been developing substantially in conformance with the original plans and approved conditions, and if no substantial adverse impacts not known to Cape Coral at the time of their review and approval, or arising due to the extension, have been identified. For purposes of determining when the buildout date has been exceeded, the time shall be tolled during the pendency of administrative and judicial proceedings relating to development permits. All conditions imposed on the subject development shall remain in full force and effect throughout the life of the development unless rescinded or amended by the City and shall not be affected by any termination of the authorization for physical development.

I. The Director of the Cape Coral Department of Community Development or his/her designee, shall be the local official responsible for assuring compliance with this Development Order. Upon reasonable notice by the City and at all reasonable times, the Developer shall allow the City of Cape Coral, its agents, employees, and/ or representatives, access to the project site for the purpose of assuring compliance with this Development Order.

J. The Developer, or its successors in title to the undeveloped portion of the subject property, shall submit a report annually to the Cape Coral City Council, the Director, and all affected permit agencies. This report shall describe the state of development and compliance as of the date of submission.

The first monitoring report shall be submitted to the Director not later than one (1) year from the effective date of this order, and further reports shall be submitted not later than annually thereafter. The Developer shall so inform any successor in title to any undeveloped portion of the real property covered by this Development Order. This shall not be construed to require reporting from tenants or owners of individual lots or units. Annual Monitoring Reports including Traffic Monitoring Reports shall be required until such time as the project is complete, at which time a final development report shall be submitted to the City.

K. Within thirty (30) days of adoption of this Ordinance, this Development Order shall be recorded in the Office of the Clerk of the Circuit Court by the Developer or Authorized Representative, who shall thereafter return the original recorded Development Order to the City.

SECTIONV. SEVERABILITY.

In the event that any portion or section of this Ordinance is determined to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Ordinance which shall remain in full force and effect.

SECTION VI. EFFECTIVE DATE.

This ordinance shall take effect immediately upon its adoption by the Cape Coral City Council. Permits issued prior to or after the effective date of this Ordinance are obtained solely at the risk of the Developer.

ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR SESSION THIS ___ DAY OF ______ , 2013.

JOHN). SULLIVAN, MAYOR

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VOTE OF i'vlA YOR 1\ N D COUNCILMEMBERS:

SULLIVAN McCLAIN CARIOSCIA NESTA CHULAKES-LEETZ ERBRICK McGRAfL DONNELL

1\TTESTED TO AND PILED IN MY OFFICE THIS ___ DAY OF _ ____ _ 2013.

REBECCA V I \N D EUTEKOM CITY CLERI<

APPROVED AS TO FORM:

~ ----

ASSISTANT CITY ATTORNEY ord/ pdp 12-4

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EXHIBIT A

LOTS 37, 38, 39, 40, 41, 42, 43, AND 44, FLORIDA TROPICAL FARMS, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 21 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS PART TAKEN BY THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, RECORDED IN OFFICIAL RECORDS BOOK 2620, PAGE 2791, AND IN OFFICIAL RECORDS BOOK 2620, PAGE 2799, AND LESS THAT PART CONVEYED TO THE CITY OF CAPE CORAL IN WARRANTY DEED RECORDED MAY 18, 1998 IN OFFICIAL RECORDS BOOK 2961, PAGE 437, ALL OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.

EXHIBITB

A PARCEL OF LAND BEING A PORTION OF LOTS 37, 38, AND 39, FLORIDA TROPICAL FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 21 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LYING WITHIN SECTIONS 11 AND 14, TOWNSHIP 44 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHEAST CORNER OF LOT 37, FLORIDA TROPICAL FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 21 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN NORTH 26°47'21" WEST ALONG THE EASTERLY LINE OF SAID LOT 37 FOR A DISTANCE OF 31.41 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 78 (PINE ISLAND ROAD) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION NUMBER 12060-2505, DATED 5/3/1994, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 11497.00 FEET, A CHORD BEARING OF SOUTH 67°49'37" WEST AND A CHORD DISTANCE OF 162.94 FEET; THENCE DEPARTING SAID EASTERLY LINE RUN SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ALSO BEING THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°48'43" FOR AN ARC DISTANCE OF 162.94 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 11703.00 FEET, A CHORD BEARING OF SOUTH 68°09'36" WEST AND A CHORD DISTANCE OF 29.87 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°08'47" FOR AN ARC DISTANCE OF 29.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 11703.00 FEET, A CHORD BEARING OF SOUTH 67°20'37" WEST AND A CHORD DISTANCE OF 303.62 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°29'11" FOR AN ARC DISTANCE OF 303.63 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF LOT 39 OF AFORESAID PLAT; THENCE RUN NORTH 26°47'21" WEST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 1251.76 FEET TO THE NORTHWEST CORNER OF SAID LOT 39, SAID POINT BEING ON THE NORTHERLY LINE OF LOTS 37, 38 AND 39 OF SAID PLAT, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF CAPE CORAL UNIT 37, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 15 THROUGH 18 INCLUSIVE OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE DEPARTING SAID WESTERLY LINE RUN NORTH 63°11'35" EAST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 495.01 FEET TO THE NORTHEAST CORNER OF LOT 37, SAID FLORIDA TROPICAL FARMS SUBDIVISION; THENCE DEPARTING SAID NORTHERLY LINE RUN SOUTH 26°47'21" EAST ALONG THE EASTERLY LINE OF SAID LOT 37 FOR A DISTANCE OF 929.70 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 11138.19 FEET, A CHORD BEARING OF SOUTH 67°54'06" WEST AND A CHORD DISTANCE OF 132.07 FEET; THENCE DEPARTING SAID EASTERLY LINE RUN

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https://11703.00

https://11703.00

https://11497.00

SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°40'46" FOR AN ARC DISTANCE OF 132.08 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 12061.81 FEET, A CHORD BEARING OF SOUTH 67°46'06" WEST AND A CHORD DISTANCE OF 199.11 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°56'45" FOR AN ARC DISTANCE OF 199.12 FEET TO A POINT LYING ON THE EASTERLY LINE OF LOT 39, SAID FLORIDA TROPICAL FARMS SUBDIVISION; THENCE RUN SOUTH 26°47'49" EAST ALONG SAID EASTERLY LINE OF LOT 39 FOR A DISTANCE OF 60.15 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 12001.81 FEET, A CHORD BEARING OF NORTH 67°39'23" EAST AND A CHORD DISTANCE OF 142.53 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°40'50" FOR AN ARC DISTANCE OF 142.56 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF SOUTH 69°24'03" EAST AND A CHORD DISTANCE OF 33.85 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°12'19" FOR AN ARC DISTANCE OF 37.18 FEET TO A POINT OF TANGENCY, SAID POINT LYING ON THE EASTERLY LINE OF LOT 38, SAID FLORIDA TROPICAL FARMS SUBDIVISION; THENCE RUN SOUTH 26°47'53" EAST ALONG SAID EASTERLY LINE OF LOT 38 FOR A DISTANCE OF 249.70 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF SOUTH 20°39'01" WEST AND A CHORD DISTANCE OF 36.83 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94°53'48" FOR AN ARC DISTANCE OF 41.41 FEET TO THE POINT OF BEGINNING.

CONTAINING 558,913 SQUARE FEET, 12.83 ACRES MORE OR LESS.

TOGETHER WITH:

A PARCEL OF LAND BEING A PORTION OF LOT 37, FLORIDA TROPICAL FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 21 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LYING WITHIN SECTION 14, TOWNSHIP 44 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHEAST CORNER OF LOT 37, FLORIDA TROPICAL FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 21 OF THE PUBLIC RECORDS OF LEE COUNTY FLORIDA; THENCE RUN NORTH 26°47'21" WEST ALONG THE EASTERLY LINE OF SAID LOT 37 FOR A DISTANCE OF 31.41 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 78 (PINE ISLAND ROAD) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION NUMBER 12060-2505, DATED 5/3/1994, ALSO BEING THE POINT OF BEGINNING; SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 11497.00 FEET, A CHORD BEARING OF SOUTH 67°31'51" WEST AND A CHORD DISTANCE OF 42.03 FEET; THENCE DEPARTING SAID EASTERLY LINE RUN SOUTHWESTERLY

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https://12001.81

https://12061.81

ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE ALSO BEING THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°12'34" FOR AN ARC DISTANCE OF 42.03 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF NORTH 69°34'52" WEST AND A CHORD DISTANCE OF 33.96 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°33'59" FOR AN ARC DISTANCE OF 37.34 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 26°47'53" WEST FOR A DISTANCE OF 249.57 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF NORTH 20°28'05" EAST AND A CHORD DISTANCE OF 36.73 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94°31'56" FOR AN ARC DISTANCE OF 41.25 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 11198.19 FEET, A CHORD BEARING OF NORTH 67°38'11" EAST AND A CHORD DISTANCE OF 38.20 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°11'44" FOR AN ARC DISTANCE OF 38.22 FEET TO A POINT ON THE EASTERLY LINE OF AFORESAID LOT 37; THENCE DEPARTING SAID CURVE RUN SOUTH 26°47'21" EAST ALONG THE EASTERLY LINE OF SAID LOT 37 FOR A DISTANCE OF 299.64 FEET TO THE POINT OF BEGINNING.

CONTAINING 19,219 SQUARE FEET, 0.44 ACRE MORE OR LESS.

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NOTICE OF PUBLIC HEARING

YOU ARE HEREBY NOTIFIED that an application has been received requesting approval of a Planned Development Project entitled “SAM’S CLUB”. The applicant is requesting approval of Ordinance # 59-13:

AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "SAM’S CLUB" FOR CERTAIN PROPERTY DESCRIBED AS LOTS 37 THROUGH 44, FLORIDA TROPICAL FARMS SUBDIVISION, CAPE CORAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 215-401 SOUTHWEST PINE ISLAND ROAD; REZONING A PORTION OF THE PROPERTY FROM VILLAGE (VILL) TO CORRIDOR (CORR); GRANTING A SPECIAL EXCEPTION FOR SELF SERVICE FUEL PUMPS; GRANTING SUBDIVISION APPROVAL; GRANTING DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

FURTHER that the property involved is described as:

LEGAL DESCRIPTION SAM’S CLUB – PDP 12-4 (PROVIDED EXHIBIT A OF TITLE COMMITMENT NO. C-20084269)

LOTS 37, 38, 39, 40, 41, 42, 43, AND 44, FLORIDA TROPICAL FARMS, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 21 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS PART TAKEN BY THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, RECORDED IN OFFICIAL RECORDS BOOK 2620, PAGE 2791, AND IN OFFICIAL RECORDS BOOK 2620, PAGE 2799, AND LESS THAT PART CONVEYED TO THE CITY OF CAPE CORAL IN WARRANTY DEED RECORDED MAY 18, 1998 IN OFFICIAL RECORDS BOOK 2961, PAGE 437, ALL OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.

FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission / Local Planning Agency on October 2, 2013 at 9:00 A.M. in the Council Chambers at City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida;

FURTHER that the request will be reviewed by the Cape Coral City Council on October 21, 2013, at 5:05 P.M. in the Council Chambers at City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida;

FURTHER any person may review a copy of the proposed ordinance at the Planning Division, City of Cape Coral City Hall;

FURTHER any person may appear at the public hearing and be heard, subject to proper rules of conduct. Written comments filed with the Director will be entered into the record. Hearings may be continued from time to time as necessary;

FURTHER any person deciding to appeal any decision made at this hearing 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.

In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Human Resources 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.

BY ORDER OF REBECCA VAN DEUTEKOM, MMC CITY CLERK

PDP12-0004

RUN: September 20, 2013 October 6, 2013

8 ---D

02579

02589 NW

3RD PL02588

02587 02586

NW3RD AVE

L ST P

W 1N

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PINE ISLAND RD SW 0000

3

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6

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CITY OF CAPE CORAL 500' Proximity Boundary

Department of Community Development

Planning Division

Subject Parcels 500' Proximity Boundary Existing Zoning Map

Case # PDP12-0004Sam's Club

LegendSubject Parcels 500 Foot Buffer

ZoningCORR CPO R1B RD VILL Canals/Lakes

µ July 29, 2013

0 150 300 450 600Feet

This map is not a survey and should not be used in place of a survey.While every effort is made to accurately depict the mapped area, 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 construction, navigation or engineering calculations. Please contact theDepartment of Community Development with any questions regarding this map product. P:\...\pdp12-0004.mxd LB

02371

02585

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00600

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00800 00720

00004 00721

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8 ---D

NW 1ST ST

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PINE ISLAND RD SW

NW 1ST LN NW4TH AVE

NW4TH PL

SW 3RD PLNW

3RD PL NW 1ST PL

NW3RD AVE

00500

00721

02580

00600

00004

02582

02585

00800

02581

01944

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0000

3

02371

02579

02584

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0194

6

02588

02587

01945

00007

02586

00006

500' Proximity Boundary

Subject Parcels

CITY OF CAPE CORAL


Planning Division

500' Proximity BoundaryProposed Zoning Map


Legend

Zoni

Subject Parcels 500 Foot Buffer

ngCORR CPO R1B RD VILL Canals/Lakes

µ July 29, 2013

0 150 300 450 600Feet


8 CJ -

02579

02589 NW

3RD PL02588

02587 02586

NW3RD AVE

L ST P

W 1N

NW 1ST LN

NW4TH PL

NW4TH AVE

02584

NW 1ST TER

NW 1ST ST 02583

PINE ISLAND RD SW 0000

3

SW 3RD PL

0194

6

02580

CITY OF CAPE CORAL 500' Proximity Boundary


Planning Division

Subject Parcels 500' Proximity Boundary Future Land Use Map


LegendSubject Parcels 500 Foot Buffer

Future Land Use SM PIRD

µ July 29, 2013

0 150 300 450 600Feet


02371

02585

02581

02582

00600

00500

00800 00720

00004 00721

01945

01944 00007

00006

NW 1ST LN

NW 1ST TER

NW 1ST ST

NW4TH AVE

SW3RD PL

NW4TH PL

PINE ISLAND RD SW

Subject Parcels

CITY OF CAPE CORAL


Planning Division Aerial Map

Case # PDP12-0004 Subject Parcel

µ Map Date: December 14, 2012 Aerial Date: January, 2013

0 160 320 480Feet This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. P:\...\PDP12-0006_Aerial.mxd

Documents

Sam's club PDP