Planning Division Case Report SE16-0006

Review Date: April 11, 2016 Property Owner: Hexol, Inc Authorized Representative: Banks Engineering Request: The applicant is requesting a Special Exception in order to operate an

“Automotive Service Station, Limited” use in the Pedestrian Commercial (C-1) zoning district.

Location: 3129 Chiquita Boulevard South Unit 66, Block 323, Lots 3-7 Strap: 34-44-23-C4-03230.0050 Prepared By: Megan Polk, Planner I Reviewed By: Mike Struve, AICP, Planning Team Coordinator Approved By: Amy L. Yearsley, AICP, Acting Planning Manager

Recommendation: Approval with conditions Urban Service Area: Transition Site Visit: March 28, 2016

Zoning Future Land Use

Subject Parcel: Pedestrian Commercial (C-1) Commercial/Professional (CP)

Surrounding Zoning Surrounding Future Land Use

North: C-1 CP

South: Places of Worship (W) CP and Public Facilities (PF)

East: Professional Office (P-1) CP

West: C-1 CP

Property Description: The subject property is 0.68± acres and is developed with a 7-Eleven Convenience Store that is classified by the City as a “Food Store, Group I” use. The subject property was developed as part of The Shops at Chiquita Planned Development Project (PDP 07-800006) that was approved by Ordinance 145-07. Along with the convenience store, a variety store and a restaurant are also located in the development. The subject property has frontage along Chiquita Boulevard (major arterial) and Gleason Parkway (minor arterial). The subject property lacks direct access, but has indirect access through the Shops at Chiquita

SE16-0006 April 11, 2016

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Development from Chiquita Boulevard, Gleason Parkway, and SW 31st Terrace (local road). Properties located immediately to the east and west of the subject parcel consists of undeveloped lots. Scattered single-family homes are located to the north of the Shops at Chiquita Development. Immediately to the south of the subject parcel is a property developed with a church use. Project Description: In association with the existing 7-Eleven Convenience Store, the applicant is requesting a Special Exception to operate an “Automotive Service Station, Limited” use, commonly known as a gas station, which will contain eight fueling stations. The City’s Land Use and Development Regulations (LUDR), Section 11.1 defines the proposed 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 incidental repairs.” The fueling stations and gas canopy will be located in front of the existing convenience store. The applicant proposes to provide 19 parking spaces to support this use, which all currently exist on-site. No additional driveways or structural modifications to the existing convenience store are proposed. Analysis: The Planning Division has reviewed this application based on LUDR, Section 2.7.7, the C-1 District, and the five standards outlined within LUDR, Section 8.8.5a-e that covers Special Exceptions, and offers the following analysis for consideration: 1) Generally:

The C-1 Zoning of the subject parcel is compatible with the CP Future Land Use Classification of the subject property. The proposed use, “Automotive Service Station, Limited”, is allowed as a Special Exception within the C-1 District. There are no minimum area requirements or special regulations that govern this use in the C-1 District.

2) Compatibility:

Automotive service stations are listed as Special Exception Uses in several of the City’s commercial and mixed-use zoning districts due to factors that may negatively affect nearby residential uses such as lighting, noise, and traffic generation. While the proposed Special Exception has the potential to affect nearby residential uses, only one existing single-family home exists within 300 feet of the subject property. This staff report examines several factors listed below and discusses whether conditions are warranted to mitigate the impact of the proposed use on the surrounding residences.

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Site aesthetics Should this Special Exception be approved, the applicant will be required to submit a

Site Plan complying with those requirements found in LUDR, Section 4.4. In conjunction with the Site Plan, the applicant will be required to submit elevations for all four sides of the proposed building that demonstrate compliance with the City’s non-residential design standards. These standards were recently amended to require gas canopies to have a pitched or mansard roof with a minimum 4/12 pitch. These architectural standards help ensure that new commercial buildings are visually attractive and improve the aesthetics of the community. Lighting Light emanating from a commercial business can potentially affect and disturb nearby residents. Planning Staff notes that many gas stations are open 24 hours a day, consequently these businesses utilize lights throughout the night for business identification, customer safety, and security purposes. The applicant proposes to locate the fueling stations and gas canopy on the western side of the property. West of the proposed use, the nearest residential properties are located about 410 feet from the subject property across a four-lane arterial road. Due to the distance of the residential properties from the subject parcel and the location of the proposed use on the property, these residences will not likely experience any detrimental impacts from lighting originating from the subject parcel. However, Planning Staff recommends that the lighting on the site be designed to minimize the trespass of light from the subject property. Hours of Operation/Noise The applicant has indicated that the proposed gas station will operate 24 hours a day in conjunction with the existing convenience store, which has the potential to generate noise from customers and store operations around-the-clock. Additional noise can occur from fuel tankers delivering gasoline to the subject site. The undeveloped parcels located immediately to the west of the subject parcel collectively consists of about two acres and are commercially zoned. Those properties were also recently approved for a Special Exception (SE15-0005) to operate an “Automotive Service Station, Limited” Use, however, at this point, a site plan has not been submitted to the City for development of the site. Some background noise is likely present at this site given the proposed use is located in an existing shopping center with other uses present, and Chiquita Boulevard supports a relatively high volume of traffic. These factors, coupled with the distance of the nearest single-family homes, suggests that noise generated by the proposed gas station use should not be disruptive to the surrounding community.

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Traffic Based upon the traffic study submitted by the applicant, traffic generated from the

fueling stations will be minimal compared to the traffic generated from the existing convenience store. The number of peak hour trips are estimated to be between 133 to 153 daily trips to and from the development. Furthermore, Planning Staff finds that the majority of the estimated trips to the proposed development will be a secondary part of a linked trip, such as from work to home. Therefore, the traffic generated from the proposed use will not likely have a detrimental effect on the surrounding community nor will level of service standards for Chiquita Boulevard or Gleason Parkway be negatively affected.

3) Minimum Lot Frontage; Access: The subject property has about 100 feet of frontage on Chiquita Boulevard and about

226 feet of frontage on Gleason Parkway. The C-1 district does not have a minimum lot frontage requirement, however, staff finds that the subject property has an adequate amount of frontage for the proposed use. The subject property does not have direct driveway access, however the site can be accessed from the driveways shared with The Shops at Chiquita development.

4) Building Location; Setbacks: Based upon the site plan submitted by the applicant, the proposed gas canopy meets

the minimum setbacks for the C-1 District. The existing convenience store is also compliant with the minimum setbacks established for the C-1 District and no modifications to this existing building are proposed.

5) Screening and Buffering:

Landscaping currently exists on site from the initial development of the property in 2011. Several canopy trees and shrubs are planted along the perimeters of the property as well as throughout the site. The applicant proposes to provide additional canopy trees and shrubs along the perimeter of the subject property.

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Recommendation: The Planning Division recommends approval of the request for a special exception with the following conditions:

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

a. 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.

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

2. The four landscape beds adjacent to the west side of the existing building shall be utilized to support foundation landscaping.

PROOF O.K. BY: __________________________________________________ O.K. WITH CORRECTIONS BY:_________________________________________

PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE

NP-0000891307.INDDADVERTISER: CITY OF CAPE CORAL_DEPT PROOF CREATEDAT: 4/20/2016 9:27 AMSALES PERSON: Legal Display PROOF DUE: - NEXT RUN DATE: 04/24/16PUBLICATION: NP-CAPE SUN PRESS SIZE: 1 col X 10 in

NOTICE OFPUBLIC HEARINGYOU ARE HEREBY NOTIFIED

that the City of Cape Coral, Florida,proposes to adopt RESOLUTIONSE 7-2016; A RESOLUTIONPURSUANT TO THE CITY OFCAPE CORAL LAND USE ANDDEVELOPMENT REGULATIONS,ARTICLE VIII, ADMINISTRATION,SECTION 8.3, PUBLIC HEARINGS,AND SECTION 8.8, SPECIALEXCEPTIONS, AND THE CITY OFCAPE CORAL COMPREHENSIVEPLAN, GRANTING A SPECIALEXCEPTION TO CONSTRUCTAND OPERATE AN AUTOMOTIVESERVICE STATION LIMITED USEIN A PEDESTRIAN COMMERCIAL(C-1) ZONE ON REAL PROPERTYDESCRIBED AS A PORTION OFLOTS 3-7, BLOCK 3230, UNIT 66,CAPE CORAL SUBDIVISION, ASMORE PARTICULARLY DESCRIBEDHEREIN; PROPERTY LOCATEDAT 3129 CHIQUITA BOULEVARDSOUTH; PROVIDING AN EFFECTIVEDATE.

FURTHER that an application hasbeen received from HEXOL, INC.

FURTHER that said request will bereviewed by the Cape Coral Board ofZoning of Adjustment and Appealson Wednesday, May 4th, 2016 at9:00 A.M. in the Council Chambersat City Hall.

FURTHER any person may appearat the public hearings and beheard, subject to proper rules ofconduct. Written comments filedwith the Director will be enteredinto the record. The hearings maybe continued from time to time asnecessary.

FURTHER any person decidingto appeal any decision made atthese hearings may need to insurethat a verbatim record includes thetestimony and evidence upon whichthe appeal is to be based.

FURTHER in accordance withthe Americans with DisabilitiesAct, persons needing specialaccommodations to participate inthis proceeding should contact theCity Clerk’s office which is located atCape Coral City Hall, 1015 CulturalPark Boulevard, Cape Coral,Florida; telephone 1-239-574-0411for assistance; if hearing impaired,telephone the Florida Relay ServiceNumbers, 1-800-955-8771 (TDD) or1-800-955-8770 (v) for assistance.In accordance with Section286.26, Florida Statutes, personswith disabilities needing specialaccommodations to participate inthis meeting should contact the CityClerk at least 48 hours prior to themeeting.

FURTHER You are allowed sufficienttime to write or appear at the publichearing to voice your objectionsor approval. Please referencethe case number below withinyour correspondence and mailto: Department of CommunityDevelopment, Planning Division,P. O. Box 150027, Cape Coral, FL33915-0027; or email comdev@capecoral.net. For furtherinformation, please call MeganPolk at 239-574-0605 or email at

mpolk@capecoral.net.

by order ofRebecca van Deutekom, MMC

City Clerk

REF # SE16-0006Sunday, April 24th, 2016

SE 16-0006

RESOLUTION SE 7-2016

A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE ANDDEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3,PUBLIC HEARINGS, AND SECTION 8.8, SPECIAL EXCEPTIONS, AND THE CITY OFCAPE CORAL COMPREHENSIVE PLAN, GRANTING A SPECIAL EXCEPTION TOCONSTRUCT AND OPERATE AN AUTOMOTIVE SERVICE STATION LIMITED USE INA PEDESTRIAN COMMERCIAL (C-l) ZONE ON REAL PROPERTY DESCRIBED AS APORTION OF LOTS 3-7, BLOCK 3230, UNIT 66, CAPE CORAL SUBDIVISION, AS MOREPARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 3129 CHIQUITABOULEVARD SOUTH; PROVIDING AN EFFECTIVE DATE.

WHEREAS, an application by HEXOL, INC., has been submitted and reviewed by thePlanning and Zoning Commission, the City of Cape Coral, and has been presented to the City ofCape Coral Board of Zoning Adjustment and Appeals ata Public Hearing for Special Exception.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENTAND APPEALS OF THE CITY OF CAPE CORAL, FLORIDA:

Section 1. That the City of Cape Coral Board of Zoning Adjustment and Appeals having specificallyconsidered the recommendations of the City of Cape Coral Planning and Zoning Commission,Local Planning Agency, the City of Cape Coral Planning Division, and the presentation made at thePublic Hearing, the criteria set forth in the City of Cape Coral Code Article VIII, Administration,Section 8.3, Public Hearings, and Section 8.8, Special Exceptions, the City of Cape CoralComprehensive Plan and the application materials submitted with Application SE 16-0006 theBoard of Zoning Adjustment and Appeals hereby grants the below-described real property ASPECIAL EXCEPTION TO CONSTRUCT AND OPERATE AN AUTOMOTIVE SERVICESTATION LIMITED USE IN A PEDESTRIAN COMMERCIAL (C-l) zone on the below-described property:

LEGAL DESCRIPTION:

A PORTION OF LOTS 3, 4, 5, 6 AND 7 OF BLOCK 3230, CAPE CORAL SUBDIVISIONUNIT 66, ACCORDING TO PLAT BOOK 22, PAGES 2 THROUGH 26 OF THE PUBLICRECORDS OF LEE COUNTY, FLORIDA

BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF LOT 8 BLOCK 3230, BEING ALSOTHE NORTH RIGHT-OF-WAY LINE OF GLEASON PARKWAY (100' R/W); THENCERUN ALONG SAID NORTH RIGHT-OF-WAY LINE S89°41'22"W FOR 57.40 FEET TO

THE POINT OF BEGINNING.

FROM SAID POINT OF BEGINNING, CONTINUE S89°41,22"W ALONG SAID RIGHT-OF-WAY LINE FOR 218.54 FEET TO THE POINT OF CURVATURE OF A 25.00 FOOT

RADIUS CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A CENTRALANGLE OF 89°55'18", A CHORD AND CHORD BEARING OF N45°20'59MW FOR 35.33FEET, THENCE RUN ALONG SAID CURVE FOR 39.24 FEET; THENCE RUN ALONGTHE EAST SIDE OF CHIQUITA BOULEVARD (100' R/W), N00°23'20"W FOR ADISTANCE OF 97.79 FEET; THENCE RUN N89°36'40,,E FOR A DISTANCE OF 243.50FEET; THENCE RUN SOO^WE FOR A DISTANCE OF 123.09 FEET TO THE POINT OFBEGINNING.

CONTAINS 0.68 ACRES, MORE OR LESS.

PROPERTY LOCATED AT: 3129 CHIQUITA BOULEVARD SOUTH

Section 2. This Resolution shall take effect immediately upon its adoption.

ADOPTED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITYOF CAPE CORAL AT ITS REGULAR SESSION THIS DAY OF ,2016.

DANIEL READ, CHAIRMANBOARD OF ZONING ADJUSTMENTAND APPEALS

ATTESTED TO AND FILED IN MY' OFFICE THIS

2016.

DAY OF

APPROVED AS TO FORM:

BRIAN R. BARTOS

ASSISTANT CITY ATTORNEYSE16-0006-conditions

REBECCA VAN DEUTEKOM

CITY CLERK

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

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: comdev@capecoral.net

City of Cape Coral

Department of Community Development

April 18, 2016 RE: RESOLUTION SE 7-2016 CASE # SE16-0006 Dear Property Owner: This notice is sent to you, as required by the City of Cape Coral Land Use and Development Regulations, to notify all property owners within 500 feet of a request for a Special Exception submitted by Hexol, Inc. The applicant is requesting a Special Exception to construct and operate an “Automotive Service Station, Limited” use in a Pedestrian Commercial (C-1) zone on real property described as a portion of Lots 3-7, Block 3230, Unit 66, Cape Coral Subdivision, as more particularly described herein. The property is located at 3129 Chiquita Boulevard South. The Board of Zoning of Adjustment and Appeals Public Hearing will hear Resolution SE 7-2016 at a Public Hearing on Wednesday, May 4th, 2016, at 9:00 a.m. in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, FL. Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice you objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number 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. If a person decides to appeal any decision made by the Board of Zoning of Adjustment and Appeals 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. 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. For further information, please call Megan Polk at 239-574-0605 or email at mpolk@capecoral.net. The resolution 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

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

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: comdev@capecoral.net

Department of Community Development PLANNING DIVISION

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. Sincerely, Amy L. Yearsley, AICP Acting Planning Manager

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

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: comdev@capecoral.net

Department of Community Development PLANNING DIVISION

SPECIAL EXCEPTION – APPLICATION CRITERIA APPLICABLE TO SPECIAL EXCEPTIONS

Cape Coral Land Use and Development Regulations, Section 8.8 A. Definition: 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 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.

B. Standards. The following standards shall apply to all applications for special exception uses.

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.

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.

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. All access points shall be specifically approved by the Board.

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.

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 Board shall also require that the premises be permanently screened from adjoining and contiguous properties by a fence, evergreen hedge and/or other approved enclosure when deemed appropriate to buffer the special exception use from surrounding uses.

C. Discontinuance. With the exception of special exception uses that are approved pursuant to a

planned development project development order, a special exception use that is discontinued for more than one year or for which a building permit or certificate of use is not obtained within one year from the date the special exception was approved shall be deemed to have been abandoned. Abandonment of a special exception use automatically terminates the special exception granted and the property may thereafter only be used as prescribed by the City of Cape Coral Land Use and Development Regulations.

CHIQU

ITA BL

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GLEASON PKWY

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SW 31ST TER

SW 32ND ST

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BARKENTINECANAL

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0 60 120 180 240FeetThis 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 con-struction, navigation or engineering calculations. Please contact the

Department of Community Developmentwith any questions regarding this map product.

April 12, 2016

Subject Parcel

500' Proximity Boundary

Case No. SE16-0006Legend

Subject Parcel500 Ft. BoundaryParcelsLot lines

ZoningC1MRP1R1BR3RDRXW

ZONING MAP500 ft. Proximity Boundary

CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

MTP

µ

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