Reliable Land Surveying, Inc. BASIS or BEARINGS COVERED SCREENED PORCH PER DEED

Malling Address: P.O. Box 1589, Ft. Myers. FL 33902 Street Address: 13010 Palm Beach Blvd .. Ft. Myers. FL 33905

LEGEN BOB CSP (DI DE EDFL

DRAINAGE EASEMENT ESTIMATED DRAIN FIELD LOCAT ION Toll Free Fax: (888) 215-9098 Email: lnfo@RellableSurveylng.com Certificate of

Phone: (239) 340-3318 www.RellableSurveylng.com Authorization No. LB 7373 FCH FDH

FOUND CONCRETE MONUMENT FOUND DRILL HOLE

Notes: I) Parcel was surveyed from informotion supplied by the client or the clients ogent. 2) Easements os shown hereon ore f rem the recorded plot. Any other eosement (s)

pertoining to the hereon descr ibed porcel rust be furnished to the surveyor by the client or the clients ogent per Florida Admin/strotive code 5J-17.052(2)(d)4.

3) This certificot/on is onfy for the parcel described. It is not o certlficot/on of title, zoning, easement, freedom of encumbrance, ownership, or rights-of-woys.

Y) PorceT subject to easements, restrictions, reservotlons, ond rights-of-ways of record. 5) Abstract not reviewed. 6) Additions or deletions to survey mops or reports by other thon the signing porty or

parties Is prohibited without the written consent of the signing party or porties. 7) The survey depleted hereon is not volid without the signature ond original roised seol

of a Florida licensed surveyor and mopper.

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8) Well locations, when shown, are approx/mote and based on field observed surface evidence, unless otherwise noted.

9) Septic and/or drain field locations, when shown, are approximate and based on surface evidence, subsurface probes, or a combination thereof.

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10) Underground utilities, structures and/ or improvements other than those shown, if any, were not located.

II) The survey depicted hereon moy not be comrunicated or relied on by any party to which ii has not been certified without the prior written consent of the signing party.

Certified To: Joseeh Miller and Heather Miller Title Prof essionols of Florido Old Republic Notional Title Insurance Company Pref erred Community Bonk

Revision:

Parcel Description: Lots I and 2, Block 808, Unit 22, Cope Coral, a subd1v1s1on according to the mop or plot thereof, on file and recorded 1n the Office of the Clerk of C1rcu1t Courts, lee County, Florido, at Plot Book IY, Pages I through 16, inclusive.

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yrght by Reliable Land Surveyir.:J, Ire. and Keith D. Cloy, Fort Myers, Fkx'ido, 20!7. Urcutrcrized use, · atiOn, or re ocLctiOn of this survey mo and/()(' data thereon is sub · t to crimrd and civi rosecutian.

Planning Division Case Report SE17-0011

Review Date: October 17, 2017 Applicant/Owner: Heather Miller

Authorized Representative: Matthew Bechtel Request: A Special Exception to operate a Yoga Studio (Personal Service- Group II Use) in the

Professional Office (P-1) District. Location: 1202 SE 8th Place Unit 22, Block 808, Lots 1 and 2 Prepared By: Justin Heller, Planner Reviewed By: Mike Struve, AICP, Planning Team Coordinator Approved By: Robert Pederson, AICP, Planning Manager

Recommendation: Approval Urban Service Area: Infill Property Description and Background: The site is 10,112 square feet and is on the corner of SE 8th Place and Nicolas Parkway East. The property has P-1 Zoning and a CP (Commercial Professional) Future Land Use (FLU) classification. Adjacent properties on the block have the same Zoning and Future Land Use as the site. The site was developed in 2004 as an office building. Surrounding uses include: a City Public Works building to the north across Nicolas Parkway; vacant land to the east across SE 8th Place; a duplex to the south; and a medical office to the west. Plans submitted with this application show the interior of the building being remodeled for a Yoga Studio that includes men and women locker rooms. No modifications to the exterior of the building or the site are proposed. Analysis: The Planning Division reviewed this application based on the City Land Use and Development Regulations (LUDR), Section 2.7.9, and the five standards under LUDR, Section 8.8.5a-e for Special Exceptions and offers the following analysis for consideration:

1) Generally - The proposal shall comply with all requirements of the zoning districts in which the property is located, this ordinance, and all other applicable law.

Page 2 of 5 SE17-0011

October 17, 2017

The site has P-1 Zoning, which is consistent with the CP FLU classification. The Personal Service- Group II use is allowed as a Special Exception in the P-1 Zoning District.

2) Compatibility: The tract of land must be suitable for the type of special exception use proposed by virtue of its location, shape, topography and the nature of surrounding development.

The existing building and parking spaces are suitable for the proposed use. A parking deviation was approved on October 4, 2107. There is additional on street parking available next to the studio along Nicolas parkway. The proposed yoga studio is compatible with existing uses in the surrounding area, which are predominately commercial and professional uses. The use will generate few trips during non-peak business hours and should not generate additional noise.

3) Minimum Lot Frontage; Access: Minimum lot frontage on a street shall be sufficient to permit properly spaced and located access points designed to serve the type of special exception use proposed. Wider spacing between access points and intersecting street right-of-way lines should be required when the lot has more than the minimum required frontage on a street.

The site has adequate frontage along Nicolas Parkway East and SE 16th Place. The site has an existing

driveway along SE 8th Place. No new driveways to the site are proposed. 4) Building Location; Setbacks: All buildings shall be located an adequate distance from all property

lines and street right-of-way lines. Greater building setback lines may be required when the lot has more than the minimum lot area required or when deemed necessary to protect surrounding properties.

The existing building meets the minimum setback requirements for the P-1 District. No changes to the exterior of the building are proposed that would affect the existing setbacks.

5) Screening and Buffering: A continuous strip of properly maintained landscaped area should be

provided along all property lines and along all streets serving the premises. Such continuous strip of properly maintained landscaped area may, however, be allowed to contain walkway(s) and driveway entrances.

The site has existing landscaping along the sides of the building and around the parking lot.

Comprehensive Plan The project is consistent with the following policies of the Future Land Use Element of the Comprehensive Plan:

Policy 1.15c: “The Professional Office (P-1) District is designed to provide professional office and other compatible development in areas that are suitable for such activities. The P-1 District is appropriate for development of both small-scale and largescale office or professional development projects, or projects containing uses compatible with such development. The intensity of development within this district is based upon the size (including width, depth and compactness) and location of the subject property, as well as on compatibility with adjacent future land use classifications and zoning districts.”

Policy 8.3: “Commercial developments shall be designed to minimize negative impacts on surrounding residential uses and the land development regulations shall provide for adequate buffering between commercial and residential uses.” Policy 8.4: “The City shall encourage transitions from commercial uses to less intensive land uses…”

Page 3 of 5 SE17-0011

October 17, 2017

Policy 8.5: “The City encourages the use of multi-family residential, compound buildings, professional offices, and parks as transitional uses between commercial development and low-density residential neighborhood.”

Recommendation: Planning staff finds that the Special Exception will not be contrary to public interest and will be in harmony with the general intent and purpose of the LUDR’s. The Planning Division recommends approval of the Special Exception.

Page 4 of 5 SE17-0011

October 17, 2017

Exhibits:

Aerial

Page 5 of 5 SE17-0011

October 17, 2017

Site Plan

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: SE17-0011

REQUEST: A Special Exception to operate a Yoga Studio (Personal Service- Group II Use) in the Professional Office (P-1) District.

LOCATION: 1202 SE 8th Place CAPE CORAL STAFF CONTACT: Justin Heller, Planner, 239-574-0587, jheller@capecoral.net PROPERTY OWNER(S): Heather Miller

AUTHORIZED REPRESENTATIVE: Matthew Bechtel

UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 AM on Tuesday, November 7th, 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.

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.

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.

Classified Ad Receipt

(For Info Only - NOT A BILL)

Customer:

CAPE CORAL FL 33990

USA

1015 CULTURAL PARK BLVDAddress:

CITY OF CAPE CORAL_DEPT OF COMAd No.: 0002495595

Net Amt: $

10/28/17Run Dates:

Run Times: 1 No. of Affidavits: 1

Text of Ad:

SE 8T

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SE 8T

H PL

NICHOLAS PKWY E

COUN

TRY C

LUB

BLVD

NICHOLAS PKWY E

COUN

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CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

Case No. SE17-0011

0 75 150Feet

µ

This map is not a survey and should not be used in placeof a survey. While every effort is made to accurately

depict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liable

for incidents that may occur. Please contact the Departmentof Community Development with any questions regarding this

map product.

SEPTEMBER 5TH, 2017

SUBJECT PARCEL

Subject Parcel

SE 8T

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SE 8T

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COUN

TRY

CLUB

BLV

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NICHOLAS PKWY E

SE 11TH STAC

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SE 12TH TER

NICHOLAS PKWY E

ACADEMY BLVD

CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

CURRENT ZONING MAP500' Proximity BufferCase No. SE17-0011

0 200 400Feet

µ

This map is not a survey and should not be used in placeof a survey. While every effort is made to accurately

depict the mapped area, errors and omissions may occur.Therefore, the City of Cape Coral cannot be held liable

for incidents that may occur. Please contact the Departmentof Community Development with any questions regarding this

map product.

SEPTEMBER 5TH, 2017

SUBJECT PARCEL

LEGEND500' Proximity BoundarySubject Parcel

ZoningC-1P-1R-1BR-3

500' PROXIMITY BOUNDARY

Owner_Name Mailing_Ad Mailing_Ci Mail Mailing_Zi1212 CCCC LLC 750 11TH ST S UNIT 202 NAPLES FL 34102BARTER DONALD 3501 DEL PRADO BLVD #100 CAPE CORAL FL 33904BLUE WATER TRUST LLC 6677 OVERSEAS HWY MARATHON FL 33050CAPE CORAL MEDICAL BLDG LLC 21 BARKLEY CIR FORT MYERS FL 33907CAPE TRUST INVESTMENTS LLC 13335 SW 124TH ST STE 109 MIAMI FL 33186CAPE TRUST INVESTMENTS LLC 13335 SW 124 ST STE 107 MIAMI FL 33186CENTRUM PLACE LLC 13155 SW 42ND ST #200 MIAMI FL 33175EMPORIA STREET INVESTMENTS LLC 1345 KIPLING ST LAKEWOOD CO 80215GREINER NICHOLAS WILLIAM 1218 SE 8TH AVE #1-2 CAPE CORAL FL 33990HINDLE DONALD JR + JOANN 4509 SE 20TH PL CAPE CORAL FL 33904HIRSCHTER MARIA K TR FOR MARIA K HIRSCHTER LIVING TRUST 1413 SE 19TH TER CAPE CORAL FL 33990HODGES FLOYD E TR FOR FLOYD E HODGES REVOCABLE TRUST 13021 SANDY KEY BEND # 3 NORTH FORT MYERS FL 33903JOSEPH SCOTT HOLDINGS LLC 6804 PORTO FINO CIR FORT MYERS FL 33912KAKLIS CHRISTINA M TR + KAKLIS CONSTANTINE T TR FOR ELENI R KAKLIS REVOCABLE TRUST 409 WHITE CHAPPELL CT FORT MILL SC 29715KUKOBA EDUARD 820 NEW WATERFORD DR #202 NAPLES FL 34104LUTHRINGER MYRON O JR TR FOR MYRON O LUTHRINGER JR IRREVOCABLE TRUST 4897 CORNISH PKWY SYRACUSE NY 13215MARIA K HIRSCHTER LIVING REV TRUST 1413 SE 19TH TER CAPE CORAL FL 33990MILLER JOSEPH D & HEATHER H 2845 SW 51ST ST CAPE CORAL FL 33914

NEMEROVSKY DAWN + KOPKO SALLY ANN T/C 218 NW 24TH AVE CAPE CORAL FL 33993NICHOLAS PLAZA LLC 1708 BEACH PKWY APT 202 CAPE CORAL FL 33904ORTHOPEDIC ASSOCIATES OF SOUTHWEST FLORIDA REAL ESTATE LLC 13691 METRO PKWY STE 400 FORT MYERS FL 33912POOLE JOHN-CHESLEY W 1206 SE 8TH PL SIDE A CAPE CORAL FL 33990PRIMERA IGLESIA BAUTISTA HISPANA DE CAPE CORAL INC 431 SE 24TH ST CAPE CORAL FL 33990QJR PROPERTIES CAPE CORAL LLC 6091 S POINTE BLVD FORT MYERS FL 33919SCHAUB KIRK 3202 COUNTRY CLUB BLVD CAPE CORAL FL 33990SMILEY ENTERPRISES INC DON SMILEY 13333 QUEEN PALM RUN NORTH FORT MYERS FL 33903TCCK CORPORATION 2234 CAPE CORAL PKWY W CAPE CORAL FL 33914TRIPPY JOSEPH + LINDA 5219 SKYLINE BLVD CAPE CORAL FL 33914UNKNOWN HEIRS OF KUYPERS MARY ELIZABETH 1201 SW 49TH TER CAPE CORAL FL 33914VOLLRATH VIRGINIA TR + VOLLRATH VIOLETA TR FOR VIRGINIA VOLLRATH TRUST 1865 WHITECAP CIR NORTH FORT MYERS FL 33903WAYSACK JAMES O JR 5111 N SOMERSET LN ALPHARETTA GA 30004WOLNIK FAMILY TRUST 1802 E 9TH ST LEHIGH ACRES FL 33972ZUMAN KENNETH P & HELENE I TR FOR KENNETH P + HELENE I ZUMAN TRUST 3116 ATTRIDGE LN CAPE CORAL FL 33993