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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 2 ORDINANCE NO. 3585 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 3 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 G7 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 5 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 N. 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 7 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 W 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 9 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. 10 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 11 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. 12 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. 13 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 f' zu(i GGA�Li d_ Marie Adams, MMC City Clerk h. �L ��- 00 nrzslc,