HomeMy WebLinkAboutOrdinance - City Council - Regular - 3210 - 6/21/2004ORDINANCE NO. 3210
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, APPROVING A PLANNED UNIT
DEVELOPMENT FOR FLORIDA POWER AND LIGHT
GATEWAY SUBSTATION LOCATED NORTH OF LEE
BOULEVARD, SOUTH OF BUCKINGHAM ROAD, AND EAST
OF THE FORUM BOULEVARD IN SECTION 25,
TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY,
FLORIDA; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, that:
SECTION 1. Florida Power and Light Company, owners,
have requested a Planned Unit Development on the hereinafter described
property.
SECTION 2. The parcel of land for which Planned Unit
Development is granted, is described as follows:
A tract or parcel of land lying in the Northwest
Quarter (NW 1/4) of Section 25, Township 44 South,
Range 25 East, Lee County, Florida, which tract or parcel
is described as follows:
From the northeast corner of said fraction run
S 00°39' 05" E along the east line of said fraction for
199.65 feet to an intersection with the south right-of-way
line of Buckingham Road (State Road 82A) (150 feet
wide); thence run S 88°45' 25" W along said south line
for 40.00 feet to an intersection with the northeast
corner of lands as described in deed recorded in Official
Record Book 3724 at Page 4356, Public Records of Lee
County, Florida; thence run S 00°39' 05" E along the
east line of said lands for 225.00 feet to the Point of
Beginning.
From said Point of Beginning continue S 00°39' 05" E
along said east line for 355.00 feet; thence departing said
east line run S 88°45' 25" W for 640.00 feet; thence run
N 00°39' 05" W for 580.00 feet to an intersection with
said south right-of-way line; thence run N 88°45' 25" E
along said south line for 250.00 feet; thence departing
said south line run S 00°39' 05' E for 225.00 feet; thence
run N 88°45' 25" E for 390.00 feet to an intersection the
east line of said lands and the Point of Beginning.
Containing 6.51 acres, more or less.
ORDINANCE NO. 3210
SECTION 3. The purpose and intent of the Planned Unit
Development is to construct an electrical transformation, regulation, and
distribution facility at the property located north of Lee Boulevard, south
of Buckingham Road, and east of The Forum Boulevard
SECTION 4. The deviations from the Growth Management
Code for the Planned Unit Development are as follows:
(1) City Code Requirement: Section 29-90(a)(54) Minimum
number of off-street parking and loading spaces required.
(a) Every building or structure instituted or erected after
the effective date of this chapter shall be provided with
off-street parking facilities in accordance with the
provisions of this section for the use of occupants,
employees, visitors and patrons. Such off-street parking
facilities shall be maintained and continued as a required
accessory use as long as the building or structure is
continued. It shall be unlawful for any owner or operator of
such building or structure affected by this chapter to
discontinue, change or dispense with, or cause the
discontinuance or reduction of, the required parking
facilities apart from the discontinuance of such building or
structure, without establishing alternative off-street parking
facilities which meet the requirements of this chapter.
Whenever any existing building or structure is enlarged the
parking facilities shall be provided in accordance with this
section for the enlarged area. In event of the reduction of
building, use, or structure, the facilities may be reduced
proportionately.
(54) All other industrial uses requires a minimum of
one (1) space per five hundred (500) square feet of
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ORDINANCE NO. 3210
gross floor area.
(2) City Code Requirement: Section 29-87(a) Handicapped
parking.
(a) All off-street areas shall include reserved spaces for
disabled persons according to the following
requirements:
Total Parking in Lot - one (1) to twenty-five (25):
Required Number of Handicapped Spaces - 1
Deviation: No parking spaces, regular or handicapped shall
be required.
(3) City Code Requirement: Section 29-89(a) Surface
material/construction and design standards.
(a) All off-street parking and loading facilities, including
access aisles, driveways, maneuvering areas and
areas used for the display of new and used motor
vehicles, shall be surfaced with concrete or asphalt,
or other material approved by the public works
director, and such surfacing shall be maintained in
good condition at all times. Concrete driveway
aprons shall be constructed with a minimum of
six-inch three thousand (3,000) psi concrete mix.
Driveway aprons constructed on curbed streets shall
be constructed with Portland cement concrete. The
minimum thickness shall be six (6) inches for
driveway aprons used by passenger cars and light
trucks and eight (8) inches for driveway aprons used
by heavy trucks. Driveway aprons constructed on
uncurbed streets may be constructed with either
Portland cement concrete or asphalt concrete. The
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ORDINANCE NO. 3210
minimum thickness of an asphalt concrete
commercial or industrial drive shall be two and one-
half (2 1/2) inches with six-inch compacted limerock
base; the minimum for asphalt residential driveway
aprons shall be one and one-half (1 1 / 2) inches with
six-inch compacted limerock base. Driveway aprons
shall be constructed over an appropriate subsurface
and a well compacted base of six-inch compacted
limerock base; the minimum for asphalt residential
driveway aprons shall be one and one-half (1 1 / 2)
inches with six-inch compacted limerock base.
Driveway aprons shall be constructed over an
appropriate subsurface and a well compacted base of
eight (8) inches compacted limerock for commercial
and industrial driveway aprons, or six (6) inches of
compacted limerock for residential driveway aprons.
Expansion joint material on concrete driveway
aprons shall be a minimum of one-half (1 /2) inch
thick between the curb and apron, and between the
apron and the sidewalk. Where an apron crosses an
existing sidewalk of less than the required concrete,
the sidewalk shall be removed and reconstructed.
Uses that infrequently house large assemblages of
people such as churches and their accessory uses,
fairgrounds, sports arenas and stadiums may
provide no greater than seventy-five (75) percent of
the required off-street parking as unpaved if
approved by the board of adjustments. The area to
remain unpaved must be compacted material and
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ORDINANCE NO. 3210
sodded and must be able to support emergency
vehicles. Maneuvering aisles shall be paved in
accordance with city standards for the type of
parking to be provided. The unpaved parking area
shall not be counted towards the open space or
retention area requirements. Churches that do not
require a conditional use approval may be eligible for
a reduction in the number of paved parking spaces
required as described above. Sodded areas not
maintained in good condition must be paved upon
notification by the city.
(b) Maneuvering areas constructed with one -inch
asphalt surface with six-inch compacted limerock
base or equivalent are minimum requirements for all
off-street parking facilities as described above.
Deviation: A gravel surface within the twenty-one
thousand (21,000) plus or minus square foot fenced
transformation, regulation and distribution of electricity
area shall be allowed.
(3) City Code Requirement: Section 25-271(1) and 2(C)
Fences, walls, hedges.
Application for a fence permit shall be submitted to the
city. Fences and fence walls may be permitted under the
following regulations:
(1) The use of barbed or electric wire is prohibited in all
residential and professional office districts and
below a height of six (6) feet in all other districts.
Razor wire is expressly prohibited in all districts,
with the exception for correctional facilities.
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ORDINANCE NO. 3210
(4)
Deviation: A seven (7) foot chain link fence with six (6)
strands of barbed wire on "v" extension arms will be allowed
to an overall height of eight (8) feet.
City Code Requirement: Sec. 30-4(e) Buffer yard
requirements.
(d) The following table identifies four (4) different buffer
yard types as well as the minimum number of trees and
shrubs required per one hundred (100) linear feet.
Buffer Yard Types
1 2 3 4
Minimum 40' 20' 15' 10'
Width
Minimum Landscape
Shade Trees 5 5 4 4
Shrubs 30 30 25 12
(e) The following table identifies the minimum buffer
yard required based on the type of land use abutting the
proposed development. The number in the matrix refers to
the type of buffer yard required as indicated in the
preceding table.
P
ORDINANCE NO. 3210
Abutting Development or Land Use
Proposed STF MF Prof Comm Indus Rec
Development
Single -/two- * 4 3 2 or 3 2 4
family
dwelling
*New subdivisions only
Multifamily 3 * 4 4 3 4
Professional 3 4 * 4 3 4
Commercial 2 2 4 * 2 or 3 4
Industrial 1 1 2 3 * 1
Recreational 4 4 4 4 4
*No buffer yard required.
Deviation: A reduction in buffer width from the required
fifteen (15) feet to ten (10) feet shall be permitted at the
north, south and west property lines. The number of trees
and shrubs within the buffer shall comply with the
requirements for a Type Three (3) buffer.
(5) City Code Requirement: Sec. 25-212(b)(2) Minimum
perimeter setback requirements.
Minimum perimeter setbacks applies to all buildings and
structures and all areas used for parking of trucks or
equipment, shipping, receiving or storage. Minimum
perimeter setbacks from any residentially designated
property under separate ownership shall be required as
follows:
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ORDINANCE NO. 3210
Adjacent
I-2
Residential
Developed
or
Designated
Property
> 10 Acres
600
> 5 Acres
300
2-5 Acres
100
> 2 Acres
50
I-1 B-2 B-1 PO
300
200
100
50
150
100
50
25
90
80
50
30
50
40
20
20
Note: In no instance shall the perimeter setback for
non-residential uses abutting residential uses or designated
areas be less than the required buffers.
Deviation: All buildings and structures and all areas used
for parking of trucks and equipment, shipping, receiving or
storage, will be permitted a perimeter setback of one
hundred twenty (120) plus or minus feet to the proposed
gravel yard that houses high voltage transformation
equipment.
SECTION 5. The terms and conditions for the Planned Unit
Development are as follows:
(a) The Planned Unit Development is for the construction of an
electrical transformation, regulation and distribution facility
on a 1.52 acre, more or less, parcel located north of Lee
Boulevard, south of Buckingham Road, east of The Forum
Boulevard.
(b) The deviations from the requirements of the Growth
Management Code are identified above and reflected on the
revised site plan dated May 18, 2004 and prepared by
Johnson Engineering, Inc.
(c) The applicant shall provide landscape buffers as follows:
(1) A Type-1 buffer, a minimum of forty (40) feet in
depth, consisting of five (5) shade trees and
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ORDINANCE NO. 3210
thirty (30) shrubs every one hundred (100) linear
feet, including th6 area utilized for the driveway,
shall be provided at the north property lines.
(2) A Type-3 buffer, a minimum of fifteen (15) feet in
depth, consisting of four (4) shade trees and
twenty-five (25) shrubs every one hundred (100)
linear feet shall be provided at the west property line.
(3) A minimum fifty (50) foot deep buffer, consisting of
ten (10) trees every one hundred (100) linear feet and
a double staggered continuous hedge shall be
planted at the south property line, terminating at the
western edge of the Florida Power and Light two
hundred ninety (290) foot easement (transmission
corridor), as delineated on the landscape plan.
Hedges shall be a minimum of forty-eight (48) inches
above the ground at time of planting and maintained
as a completely opaque buffer in perpetuity at a
height of no less than sixty (60) inches.
(4) A double staggered continuous hedge, a minimum of
forty-eight (48) inches above the ground at time of
planting and maintained in perpetuity at a height of
no less than sixty (60) inches shall be provided at the
western edge of the two hundred ninety (290) foot
easement line of the Florida Power and Light
transmission corridor, as delineated on the
landscape plan. No trees can be planted in the
easement due to the over head transmission lines.
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ORDINANCE NO. 3210
(d) All trees shall be a minimum ten (10) feet in height, have a
two (2) inch caliper at four (4) feet above the ground, with a
four (4) foot canopy spread.
(e) Existing native trees will be preserved in areas where no
significant grade change are proposed outside of the
development area.
(fl The site will be landscaped as reflected on the revised
landscape plan dated June 14, 2004 and prepared by
Johnson Engineering, Inc.
(g) The applicant shall prepare a subdivision plat in
accordance with the subdivision platting requirements of
Florida Statutes 177 and Chapter 28 Subdivisions of the
Growth Management Code. No building permits shall be
issued until the subdivision requirements have been
fulfilled.
(h) The applicant shall be subject to all other applicable
requirements of the Growth Management Code for site
development.
(i) The developer agrees to pay twenty-one thousand
dollars ($21,000.00), to be paid at the time of issuance of
the first building permit. Said funds shall be held in escrow
for landscaping along State Road 82 east of Interstate-75,
for installation within the right-of-way between the
pavement edge and development property lines or within
the medians, with preference given to the right-of-way
landscaping. The funds provided will be used after
widening of State Road 82.
(�) The Planned Unit Development for Florida Power and Light
Gateway Substation Planned Unit Development shall be
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ORDINANCE NO. 3210
effective upon approval and shall be in effect for three (3)
years. Construction shall commence within three (3) years
and must be completed within five (5) years from the
adoption of the planned unit development.
SECTION 6. All development approvals shall be binding
upon the owner, developer, successors and assigns.
SECTION 7. Failure to comply with the terms and
conditions of the planned unit development will result in the cancellation
of the planned unit development and the planned unit development
approval shall be come void and the underlying land use designation of
Mixed Use (MU) shall be restored. The applicant shall be notified in
writing of the date of the public meeting to be held by City Council and
be given an opportunity to respond at the public meeting
SECTION 8. A notice of public hearing was published in a
newspaper of general circulation in accordance with the law.
SECTION 9. Severability. If for any reason any provision,
paragraph, word, section or article of this ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions, paragraphs,
words, sections and chapters shall not be affected and shall continue in
full force and effect.
SECTION 10. This ordinance shall become effective
immediately upon adoption.
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ORDINANCE NO. 3210
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 21st day of June, A.D., 2004.
p.m.
2004.
Yea
Tammara H
Yea
Veronica S. Shoemaker
Yea
Yea
Yea
Randall P. Henderson,
Council Members
APPROVED this 21st day of June, A.D., 2004, at 6:54 o'clock
FILED in the Office of the City Clerk this 213t day of June, A.D.,
12
ari . Fernley
Deputy City Clerk
ORDINANCE NO. 3210
FPL Gateway Substation
Planned Unit Development (04PUD3)
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ORDINANCE NO. 3210
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