HomeMy WebLinkAboutOrdinance - City Council - Regular - 3585 - 5/2/2011DINANCE NO. 3585
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, AMENDING AND RESTATING
THE PLANNED UNIT DEVELOPMENT FOR COLONIAL 70
ON VACANT PROPERTY IDENTIFIED AS STRAP
NO.05-45-25-P2-00063.0000 AND STRAP
NO.05-45-25-P2-00061.0000; PROVIDING FOR TERMS
AND CONDITIONS; PROVIDING AMENDED TIMEFRAMES;
RESCINDING ORDINANCE NOS. 3346 AND 3550;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS: Southwest Florida Everglades, LLC, owner, requested
and received approval for a planned unit development zoning designation
for a development plan known as Colonial70 on vacant property
identified as STRAP No.05-45-25-P2-00063.0000 and STRAP
No.05-45-25-P2-00061.0000, located south of Colonial Boulevard,
adjacent and east of McGregor Baptist Church, 3750 Colonial Boulevard,
east of Camino Real Way, and adjacent and west of Heritage Palms Golf
and County Club, as depicted on the zoning map marked as Exhibit A
and made a part hereof. The planned unit development zoning
designation and development plan were originally approved by Ordinance
No. 3346 on September 5, 2006, for the construction of 760 units in
multi -family buildings of four stories or less, on 69.3 acres, more or less;
and
WHEREAS: City Council approved Resolution No. 2009-35 on
September 21, 2009, adopting policies and procedures for two (2) year
extensions of development orders and permits pursuant to Senate
Bill 360, the Community Renewal Act, including an administrative fee
structure to implement a statutory extension; and
WHEREAS: City Council approved Ordinance No. 3550 on May 3,
2010, amending Ordinance No. 3346, Section 5, subsection (p), for the
Colonial70 Planned Unit Development in accordance with Senate
ORDINANCE NO. 3585
Bill 360 and Resolution No. 2009-35 for an additional two (2) year
extension of the commencement and completion dates. The
commencement date was extended from 2009 to 2011; and the
completion date was extended from 2011 to 2013; and all other sections
of Ordinance No. 3346 remained in effect; and
WHEREAS: City Council approved Resolution No. 2010-23 on
July 19, 2010, adopting policies and procedures for two (2) year
extensions of development orders and permits pursuant to Senate
Bill 1752 (2nd Engrossed), the Community Renewal Act, including an
administrative fee structure to implement a statutory extension; and
WHEREAS: Southwest Florida Everglades, LLC, owner, requested
an amendment to Colonial 70 Planned Unit Development in accordance
with the provisions of Senate Bill 1752 and City Resolution No. 2010-23
for timeframe extensions of an additional two (2) years from the
extensions granted under the provisions of Senate Bill 360 by Ordinance
No. 3550; extending the commencement date from 2011 to 2013 and the
construction date from 2013 to 2015.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL
OF THE CITY OF FORT MYERS, FLORIDA, that:
SECTION 1. The Colonial 70 Planned Unit Development is
amended to extend the timeframes for the planned unit development and
re -state in this ordinance the terms and conditions for Colonial 70
Planned Unit Development in order to rescind Ordinance Nos. 3346 and
3550.
SECTION 2. The Planning Board sitting as the Local
Planning Agency of the City of Fort Myers considered the consistency of
the amendment request for the planned unit development with the City
Comprehensive Plan and the Land Development Code, Section 98.2.2,
and Colonial 70 Planned Unit Development Ordinance Nos. 3346 and
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3550; and made a recommendation of approval to the City Council after
conducting a public hearing on February 2, 2011, with fifteen days
public notice having been provided to obtain public comment, and
considered all written and oral comments received during the public
hearing including support documents.
SECTION 3. The two (2) vacant parcels with STRAP
Nos. 05-45-25-P2-00063.0000 and 05-45-25-P2-00061.0000, located in
Section 5, Township 45 South, Range 25 East, for which planned unit
development was granted, are described as follows:
The West 1/2 of the Northwest 1/4 of Section 5,
Township 45 South, Range 25 East, Lee County, Florida.
LESS AND EXCEPT:
A tract or parcel of land situated in the State of Florida,
County of Lee, being the east 100.00 feet and the south
150.00 feet of the West Half of the Northeast Quarter of
Section 5, Township 45 South, Range 25 East (said West
Half of the Northeast Quarter described in Official Records
Book 1296 at Page 0847, Public Records of said Lee
County), being further bound and described as follows:
Beginning at the northeast corner of said West Half of the
Northeast Quarter of Section 5; thence S88°47'24"W along
the north line of said fraction for 100.02 feet; thence
S00'01'17W parallel with and 100 feet west of (as
measured on a perpendicular) the east line of said fraction
for 2,485.02 feet; thence S88°33'05"W parallel with and
150.00 feet north of (as measured on a perpendicular) the
south line of said fraction for 1,209.68 feet to the west line
of said fraction; thence S00°14'53"E along said west line for
150.03 feet to the southwest corner of said fraction; thence
N88°33'05"E along the south line of said fraction for
1,309.01 feet to the southeast corner of said fraction;
thence N00*01' 17"E along the east line of fraction for
2634.66 feet to the point of beginning.
Assumed north based on the north line of the West Half of
the Northeast Quarter of Section 5, Township 45 South,
Range 25 East as bearing S88°47'24"W
Said parcel contains 69.30 acres, more or less
SECTION 4. The purpose and intent of the planned unit
development is for the construction of 760 multi -family residential units,
16.57 acres, more or less, of preserve lands, and associated amenities on
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ORDINANCE NO. 3585
69.3 acres, more or
less,
of vacant property
identified as
05-45-25-P2-00063.0000
and
05-45-25-P2-00061.0000.
The schedule
of uses shall be part of the site plan prepared by Barraco and
Associates, Inc., dated June 15, 2006, and are as follows:
Residential Uses:
1) Dwelling Units: Multi -family
2) Accessory Structures, including but not limited to
the following: entrance gates and gate houses; lanais
3) Essential Services
4) Excavation -water retention
5) Home Occupation
6) Models: Model Units, Model Display Center and
Model Parking
7) Recreational Facilities, for exclusive use of project
residents
8) Signs/ Monuments
9) Temporary Uses
10) Temporary construction trailer
11) Temporary sales center
12) Any other use considered to be an accessory use and
structure
Recreational Uses:
1) Accessory structures, including but not limited to the
following: entrance gates and gate houses; gazebos;
fences; walls; pavilions; non -roofed accessory
2)
Grill areas
3)
Picnic Area
4)
Play area
5)
Pool
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ORDINANCE NO. 3585
6) Restrooms
7) Service/ Maintenance areas ancillary to approved
permissible uses
8) Tot lots
9) Any other use considered to be an accessory use and
structure
10) Clubhouse
SECTION 5. Deviations. The approved deviations from the
Land Development Code for the planned unit development are as follows:
(a) Land Development Code, Chapter 118 Land Use
Regulations, Article I. General Provisions,
Section 118.1.6. Measurements and Exceptions,
Subsection F. Yard Setbacks, 4. Setbacks.
Deviation 1: Allow lots without the minimum lot
width located on an improved designated right-of-way.
(b) Land Development Code, Chapter 118 Land use
Regulations, Article II. Base Districts, Section
118.2.1.B.2. Building envelope standards.
Multifamily Dwellings
Minimum waterfront setback ... 25 feet.
Maximum building height:
45 feet (RM-12);
70 feet or 5 stories (RM-16).
Deviation 2: A minimum least proposed waterfront
yard setback of twenty (20) feet.
Deviation 3: Buildings shall not to exceed four (4)
stories, inclusive of parking, with a minimum least
proposed yard setback of twenty (20) feet. Buildings along
the southern property line shall not exceed two (2) stories
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ORDINANCE NO. 3585
inclusive of parking and buildings along the eastern
property line shall not exceed four (4) stories.
(c) Land Development Code, Chapter 118, Land Use
Regulations, Article M. Permitted Land Uses,
Section 118.3.5.G. Model homes.
(3) Parking areas
must
be able
to accommodate four
cars. Parking
areas
may be
provided at a central
sales facility parking lot, or in driveways. Parking
may be reduced to two spaces per model when there
is more than one model, models are centrally located,
and sidewalks connect the models. The reduction to
two spaces must be reviewed and approved through
the administrative review process.
Deviation 4: To allow parking to be provided at the
amenity center.
SECTION 6. The terms and conditions for the Planned Unit
Development are amended, as follows:
(a) The Planned Unit Development approval is for the parcels
identified as 05-45-25-P2-00063.0000 and
05-45-25-P2-00061.0000 and will allow for the
construction of 760 multi -family residential units with
associated amenities on a 69.3 acres, more or less, site.
(b) Support the deviations from the requirements of the Land
Development Code identified in Section 5 above and
reflected on the site and landscape plans prepared by
Barraco and Associates, Inc. dated June 15, 2006.
(c) To address
the public
safety concern,
the developer shall
contribute
funding for
three (3) sworn law enforcement
officers for every 1,000 people generated by the
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ORDINANCE NO. 3585
development (calculated at a rate of 2.47 people per unit) at
a cost of $57,000.00 per officer, to the City of Fort Myers.
Payment shall be made prior to the issuance of the first
building permit vertical construction. The total amount
due will be based upon the impacts anticipated by the
number of permitted units. If the developer submits an
approved phasing plan to the City prior to the issuance of
the first building permit for vertical construction, payment
will be due in accordance with the approved phasing plan.
(d) The developer agrees to contribute One Hundred Fifty
Thousand Dollars ($150,000.00) to the City Public Art Fund
prior to the issuance of the first building permit or
contribute artwork valued at One Hundred Fifty Thousand
Dollars ($150,000.00) to be located on a designated publicly
accessible area on the development site, or some
combination of both options that totals One Hundred Fifty
Thousand Dollars ($150,000.00) prior to issuance of
Certificate of Occupancy. The City's Public Art Committee
shall review artwork and its value proposed for installation
by the developer. The artwork and location shall be
approved by City Council considering the recommendation
of the City's Public Art Committee. The developer shall
notify the Planning Manager in writing of which option the
developer selects prior to the issuance of the first building
permit for vertical construction.
(e) The developer shall contribute five hundred
dollars ($500.00) per unit to the City's fund for parks
expansion and/or upgrading prior to the issuance of
permits for vertical construction. The total amount due will
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ORDINANCE NO. 3585
be based upon the impacts anticipated from the number of
permitted units. If Developer submits an approved phasing
plan to the City prior to issuance the first building permit
for vertical construction, payment will be due in accordance
with the approved phasing plan.
(f) To address the lack of housing available at an affordable
rate, the developer shall choose on of the following thee
options to provide workforce housing. The Planning
Manager shall be informed in writing as to which option is
chosen prior to the issuance of building permits for vertical
construction. The amount due will be based upon the
impacts anticipated by the total number of permitted units.
If Developer submits an approved phasing plan to the City
prior to issuance of the first building permit for vertical
construction, payment will be due in accordance with the
approved phasing plan.
1. On -Site: The Developer shall cause two (2) units for
every 1,000 residents generated by the development,
(calculated at rate of 2.47 people per unit) on -site to
be deed restricted for purchase by only qualified
purchasers earning no more than one hundred
twenty percent (120%) of the Lee County median
income at a moderate or as adjusted by Housing and
Urban Development from year to year and give the
City of Fort Myers a subordinated lien totaling One
Hundred Fifty Thousand Dollars ($150,000.00) per
unit, forgivable at 1/20 per year, in favor of the City
subordinated to the primary lender and the initial
purchaser's equity (down payment), but ahead of any
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ORDINANCE NO. 3585
profits that the initial purchaser may reap as a result
of selling the unit for more than the stated Housing
and Urban Development price, OR
2. Off -site: The developer shall offer for sale two (2)
units for every 1,000 residents generated by the
development, (calculated at rate of 2.47 people per
unit) off -site (but within three (3) miles of the
development and within the City limits, to be deed
restricted for purchase by only qualified purchasers
earning no more than one hundred twenty
percent (120%) of the Lee County median income or
as adjusted by HUD from year to year and give the
City of Fort Myers a subordinated lien totaling One
Hundred Fifty Thousand Dollars ($150,000.00) per
off -site unit, forgivable at 1/20 per year in favor of
the City subordinated to the primary lender and the
initial purchaser's equity (down payment), but ahead
of any profits that the initial purchaser may reap as
a result of selling the unit for more than the stated
HUD price. All off -site units must be completed prior
to the issuance of the certificate of occupancy for the
planned unit development. OR
3. Payment: The developer shall pay One Hundred Fifty
Thousand Dollars ($150,000.00) per required
workforce housing unit prorated at two (2) units for
every 1,000 residents generated by the development,
(calculated at rate of 2.47 people per unit) to the
"Fort Myers Moderate Housing Trust Fund"; the
funds to be used by the City to acquire land and to
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ORDINANCE NO. 3585
offer the land competitively for moderate income
housing construction within the City, or some other
alternative method to accomplish the goal of
providing moderate income housing. All
contributions (required moderate income housing
units), liens or offerings of units (as applicable) shall
be approved by the City, and are due prior to the
issuance of the first Certificate of Occupancy. The
amount due will be based upon the impacts
anticipated by the total number of permitted units.
If Developer submits an approved phasing plan to
the City prior to issuance the first building permit for
vertical construction, payment will be due in
accordance with the approved phasing plan.
(g) Florida Department of Transportation (FDOT) permits will
be required for all work within the Colonial Boulevard
right-of-way.
(h) The existing left -turn lane on Colonial Boulevard at Camino
Real Way shall be lengthened to a minimum of 555 feet at
the time of site related improvements.
(i) All preservation areas shown on the site plan prepared by
Barraco and Associates, Inc., dated June 15, 2006, shall be
protected with a perpetual conservation easement conveyed
to a public agency with maps. All monitoring shall be paid
for by the developer, their successors, or assigns. A copy of
said recorded easement shall be provided to the City prior
to the issuance of any site work permits.
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ORDINANCE NO. 3585
(j) The developer shall pay all fire impact fees, if applicable, at
time of issuance of building permits for vertical
construction.
(k) No City permits will be issued until all Environmental
Resource Permits required by the South Florida Water
Management District and/or Army Corp of Engineers have
been issued.
(1) The setback for the eastern property boundary shall be a
minimum of thirty (30) feet and the setback for the
southern boundary of the property shall be a minimum of
forty-five (45) feet.
(m) A chain link fence, or a fence of similar material, shall be
installed along the southern and eastern boundaries of the
Property, which abuts the Heritage Palms development.
(n) In addition to the buffering shown on the landscaping plans
dated June 15, 2006, the plans shall be revised to include a
Type D buffer plantings and the buffer along the southern
property line shall include six (6) trees per linear 100 feet.
Completed.
(o) The applicant shall be subject to all other applicable
requirements of Land Development Code for site
development in effect at the time of development.
(p) The Planned Unit Development for Colonial70 shall be
effective upon approval and construction shall commence
by September 5, 2013, and be completed September 5,
2015. If for any reason, the Developer is not able to meet
the timeframes set forth above, the Developer must, not
later than ninety (90) days prior to the expiration of any of
the timeframes set forth above, provide written notice to the
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ORDINANCE NO. 3585
City indicating its anticipated failure to meet the
timeframes and provide a detailed explanation of the
reason. The City shall determine whether an extension of
the timeframe is warranted.
(q) The terms, conditions and deviations for this Planned Unit
Development, reflected on the site and landscape plans
prepared by Barraco and Associates, Inc., dated June 15,
2006, on file in the City Clerk's Office, shall be binding on
the developer, their successors or assigns.
SECTION 7. Ordinance Nos. 3346 and 3550 are hereby
rescinded upon adoption of this ordinance.
SECTION S. All terms, conditions and deviations of this
ordinance shall be binding on the applicant, its successors or assigns.
SECTION 9. Failure to comply with the terms and conditions of
this Planned Unit Development Ordinance may result in the cancellation
of the development approval after appropriate notice and opportunity to
respond in a public meeting to allegations of non-compliance is given to
the property owner, and the Planned Unit Development approval may
become null and void. The applicant shall be notified in writing of the
date of the public hearing to be held by City Council and be given an
opportunity to respond at all public hearings.
SECTION 10. In exercise of its authority the City Council
has determined it necessary to amend the Official Zoning Map as shown
on Exhibit A to insure that the Official Zoning Map is in full compliance
with the Laws of the State of Florida; to preserve and enhance present
advantages; encourage the most appropriate use of land, water and
resources consistent with the public interest; and deal effectively with
future problems that may result from the use and development of land
within the City of Fort Myers.
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ORDINANCE NO. 3585
SECTION 11. A notice of public hearing was published in a
newspaper of general circulation in accordance with the law.
SECTION 12. 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 13. Effective date. This ordinance shall become
effective immediately upon adoption.
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ORDINANCE NO. 3585
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 2nd day of May, A.D., 2011.
p.m.
2011.
Aye
Aye
Aye
Aye
Aye
Aye
Thomas C. Leonardo
Council Members
APPROVED this 2nd day of May, A.D., 2011, at 6:02 o'clock
Aye �,.t.,a..J` • { jjk� k
.
Randall P. Hendersonclir.
Mayor
FILED in the Office of the City Clerk this 2nd day of May, A.D.,
14
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Marie Adams, MMC
City Clerk
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