HomeMy WebLinkAboutOrdinance - City Council - Regular - 3818 - 3/5/2012ORDINANCE NO. 3618
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, AMENDING THE CITY CODE,
SUB -PART B, LAND DEVELOPMENT CODE, CHAPTER 118
LAND USE REGULATIONS, ARTICLE 6. SPECIAL
DEVELOPMENT AREAS, SECTION 118.6.2 SUN
CITY (PELICAN PRESERVE) FORT MYERS SPECIAL
DEVELOPMENT AREA; SECTION 118.6.3 FORUM SPECIAL
DEVELOPMENT AREA, C. CONCEPTUAL MASTER PLAN;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS: The City of Fort Myers Land Development Code
contains the regulations for land development within the City and has
been amended from time to time at the request of land owners to update
information within the code; and has been amended from time to time by
the City to make minor corrections and revisions; and
WHEREAS: WCI Communities Inc., owner, requested
amendments to the Land Development Code, Chapter 118 Land Use
Regulations, Article 6. Special Development Areas, Section 118.6.2 Sun
City (Pelican Preserve) Fort Myers Special Development Area, to revise
the legal description and Conceptual Master Plan (Map H) to add
185 acres, more or less, to Pelican Preserve; and
WHEREAS: The City of Fort Myers elects to further amend
Section 118.6.2 Sun City (Pelican Preserve) Fort Myers Special
Development Area, to change the name of the development from Sun City
Fort Myers to Pelican Preserve, and make minor revisions and
corrections; and
WHEREAS: The City of Fort Myers elects to amend Chapter 118
Land Use Regulations, Article 6. Special Development Areas,
Section 118.6.3 Forum Special Development Area, to change the
resolution number for the Development Order and to make minor
revisions; and
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WHEREAS: The City of Fort Myers has solicited public comment
in accordance with its duly adopted public participation procedures; and
WHEREAS: The Planning Board, sitting as the Local Planning
Agency of the City of Fort Myers, considered amendments to
Section 118.6.2 and Section 118.6.3 of the Land Development Code for
consistency with the Comprehensive Plan, and the Land Development
Code, Section 98.2.2; and made a recommendation of approval to the
City Council after conducting a public hearing on January 4, 2012, with
fifteen (15) 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.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL
OF THE CITY OF FORT MYERS, FLORIDA, that:
SECTION 1. The City Code of the City of Fort Myers,
Florida, Sub -Part B, Land Development Code, Chapter 118 Land Use
Regulations, Article 6. Special Development Areas, Section 118.6.2 Sun
City (Pelican Preserve) Fort Myers Special Development Area is hereby
amended to read as follows:
118.6.2 Pelican Preserve Special Development Area
A. Purpose and Intent. It is the purpose of this
division to improve and protect the public health,
safety and welfare by pursuing the following
objectives:
1. Encourage innovation in community
development.
2. Foster the safe, efficient, and economic use of
the land and public facilities and services.
3. Facilitate the provision of adequate public
services, such as transportation, water,
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ORDINANCE NO. 3618
sewerage, drainage, electricity, open space,
and parks.
4. Encourage patterns of land use which
decrease trip length of automobile travel and
encourage trip consolidation.
5. Improve the design, quality and character of
new development.
6. Foster a more functional pattern of
relationships between residential, office,
commercial and recreational land uses.
7. Set forth the standards and guidelines for the
future development of the Pelican Preserve
Special Development Area.
B. Interpretation
1. These provisions apply to the development of land
within the property designated as the Pelican
Preserve Special Development Area located within
the city. The land development code will apply if the
area of regulation is not otherwise addressed by this
division, as amended.
2. The interpretation and application of the Pelican
Preserve Special Development Area will be
reasonably and uniformly applied to all property
within the city that is designated as the Pelican
Preserve Special Development Area.
C. Conceptual Master Plan
1. The development plan is for those lands
described as follows:
Description Parcel in
Section 35, Township 44 South, Range 25 East
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and
Sections 1 and 2, Township 45 South, Range 25 East
Lee County, Florida
A tract or parcel of land lying in Section 35,
Township 44 South, Range 25 East and Sections 1
and 2, Township 45 South, Range 25 East, Lee
County, Florida, which tract or parcel is described as
follows:
Commencing at the 4" concrete monument marking
the South One Quarter corner of Section 1,
Township 45 South, Range 25 East, Lee County,
Florida; thence S.89°56' 14"W., along the south line
of the Southwest One Quarter of said Section 1, for
84.66 feet to the POINT OF BEGINNING of the
herein described parcel;
Thence continue S.89°56' 14"W., along said south
line, for 2,508.89 feet to the southwest corner of said
Section 1 and the southeast corner of said Section 2;
thence S.89°03'49"W., along the south line of the
Southeast One Quarter of said Section 2, for
2,645.12 feet to a 3"x5" concrete monument marking
the South One Quarter corner of said Section 2;
thence continue S.89°03'49"W., along the south line
of the Southwest One Quarter of said Section 2, for
476.16 feet to a PK nail and disc stamped LB 6952
and a point on a curve; thence northerly 200.18 feet
along the arc of a non -tangential curve to the left
having a radius of 2,599.95 feet through a central
angle of 04°24'41" and being subtended by a chord
which bears N.01°38'43"W. for 200.13 feet to a PK
nail and disc stamped LB 6952; thence
N.03°51'03"W., for 959.31 feet to a PK nail and disc
stamped LB 6952 and a point of curvature; thence
northerly 490.29 feet along the arc of a tangential
curve to the right having a radius of 2,700.06 feet
through a central angle of 10°24' 15" and being
subtended by a chord which bears N.01°21'04"E. for
489.62 feet; thence N.06°33' 12"E., for 1,166.54 feet
to a PK nail and disc stamped LB 6952 and a point
of curvature; thence northerly 826.44 feet along the
arc of a tangential curve to the left having a radius of
1,100.00 feet through a central angle of 43°02'49"
and being subtended by a chord which bears
N.14°58' 12"W. for 807.14 feet; thence N.36°29'36"W.,
for 266.36 feet to a PK nail and disc stamped
LB 6952 and a point of curvature; thence northerly
1,249.07 feet along the arc of a tangential curve to
the right having a radius of 1,900.00 feet through a
central angle of 37°40'00" and being subtended by a
chord which bears N.17°39'36"W. for 1,226.70 feet to
a PK nail and disc stamped LB 6952; thence
N.01010'24"E., for 248.58 feet to a PK nail and disc
stamped LB 6952; thence S.89°25'36"W., for
214.71 feet to a 5/8" iron rod capped LB 6952;
thence N.00°02' 17"W., for 68.31 feet to a 5/8" Iron
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ORDINANCE NO. 3618
rod capped LB 6952; thence N.01°00'06"W., for
2,642.68 feet to a 4" concrete monument stamped
LB 642; thence N.00°58'02"W., for 1,048.01 feet to a
PK nail and disc stamped LB 6952 and a point on a
curve; thence northerly 766.45 feet along the arc of a
non -tangential curve to the left having a radius of
1,050.00 feet through a central angle of 41°49'24"
and being subtended by a chord which bears
N.21° 16' 16"E. for 749.55 feet to a 5/8" iron rod;
thence N.00°21'33"E., for 721.50 feet to a 5/8" iron
rod; thence N.45°21'33"E., for 42.43 feet to a
4" concrete monument; thence S.89°38'27"E., for
2,224.05 feet to a 4" concrete monument; thence
S.02°16'01"E., for 1,168.38 feet to a 5/8" iron rod
capped LB 642; thence N.89054'24"E., for
1,324.86 feet to a 5/8" iron rod capped LB 642 and a
point on the east line of the Northeast One Quarter
of said Section 35; thence S.03°20'25"E., along said
east line, for 1,284.37 feet to a 5/8" iron rod capped
LB 6952 marking the East One Quarter corner of
said Section 35; thence S.00'01'58"E., along the east
line of the Southeast One Quarter of said Section 35,
for 2,635.65 feet to a 6" concrete monument marking
the common corner for said Sections 1, 2, and 35;
thence N.89°28'05"E., along the north line of the
Northwest One Quarter of said Section 1, for
2,596.58 feet to a 5/8" iron rod marking the north
One Quarter corner of said Section 1; thence
S.89°57' 18"E., along the north line of the Northeast
One Quarter of said Section 1, for 771.84 feet;
thence S.00002'40"W., for 32.13 feet; thence
S.04°20'55"E., for 56.38 feet; thence S.02045'49"E.,
for 27.98 feet; thence S.03°34'02"W., for 47.09 feet;
thence S.06°06'37"E., for 26.74 feet; thence
S.17042'01"E., for 68.03 feet; thence S.25°44'31"E.,
for 108.40 feet; thence S.17051'57"E., for 72.48 feet;
thence S.04° 11'20"E., for 341.65 feet; thence
S.08030'29"E., for 77.08 feet; thence S.05°55'39"W.,
for 100.64 feet; thence S.10°28'55"W., for
221.23 feet; thence S.03°30'57"W., for 57.81 feet;
Thence S.06023'56"W., for 60.08 feet; thence
S.12°09'56"E., for 77.36 feet; thence S.05046'11"E.,
for 71.32 feet; thence S.12°47'54"W., for 240.47 feet;
thence S.14°30'22"W., for 48.91 feet; thence
S.81006'27"W., for 46.60 feet; thence S.05047' 10"W.,
for 70.71 feet; thence S.00038'31"E., for 29.36 feet;
thence S.06054'31"W., for 116.34 feet; thence
S.14011'30"W., for 96.75 feet; thence S.03° 15'37"W.,
for 70.14 feet; thence S.02005'57"W., for 97.03 feet;
thence S.07032'51"E., for 52.30 feet; thence
S.18° 12'26"E., for 32.71 feet; thence S.29044'39"E.,
for 32.04 feet; thence S.27002'49"E., for 37.12 feet;
thence S.16°36'49"E., for 29.35 feet; thence
S.01°49'49"W., for 38.11 feet; thence S.08°44'40"W.,
for 134.08 feet; thence S.11°54'08"W., for 37.50 feet;
thence S.03043'04"W., for 94.21 feet; thence
S.02026' 14"E., for 36.59 feet; thence S.06014'49"W.,
for 51.84 feet; thence S.20025'22"W., for 51.68 feet;
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ORDINANCE NO. 3618
thence S.00°46'03"E., for 56.29 feet; thence
S.00°22'30"W., for 109.12 feet; thence S.05°53'01"E.,
for 101.70 feet; thence S.11°06'54"E., for 92.16 feet;
thence S.25°45'44"E., for 33.77 feet; thence
S.05°58'51"E., for 95.82 feet; thence S.17°00'34"E.,
for 21.29 feet; thence S.33° 17'48"W., for 79.04 feet;
thence S.35'01'01"W., for 139.86 feet; thence
S.49°37' 19"W., for 30.84 feet; thence S.60°34'25"W.,
for 60.78 feet; thence S.39°37'09"W., for 51.21 feet;
thence S.14°22'07"W., for 40.14 feet to a point of
curvature; thence southerly 39.03 feet along the arc
of a tangential curve to the right having a radius of
200.02 feet through a central angle of 11 ° 10'44" and
being subtended by a chord which bears
S.19°57'29"W. for 38.96 feet; thence S.42°35'0l"W.,
for 53.52 feet; thence S.20° 19'56"W., for 15.12 feet;
thence S.44° 18' 16"W., for 18.67 feet; thence
S.02°26'40"W., for 67.89 feet; thence S.05°30'03"E.,
for 66.59 feet; thence S.19°02'35"W., for 14.16 feet;
thence S.14°23'40"W., for 41.24 feet; thence
S.22016'47"W., for 71.77 feet; thence S.23°32'36"W.,
for 41.70 feet; thence S.00°20'33"W., for 62.72 feet;
thence S.09°33'45"E., for 57.83 feet; thence
S.21°13'45"E., for 45.96 feet; thence S.30°38'29"E.,
for 33.49 feet; thence S.70° 11'58"E., for 36.91 feet;
thence S.89°30'23"E., for 21.48 feet; thence
S.03051'37"W., for 50.88 feet; thence S.00°41'27"W.,
for 100.52 feet; thence S.08° 10'35"W., for 59.60 feet;
thence S.04°00'45"W., for 156.87 feet; thence
S.01051'58"E., for 84.51 feet; thence S.01°06'25"W.,
for 72.22 feet; thence S.06028'39"W., for 89.64 feet;
thence S.28°38'02"W., for 52.58 feet; thence
S.41037'12"W., for 113.91 feet; thence
S.62°18'41"W., for 75.66 feet; thence S.84°28'07"W.,
for 96.88 feet; thence S.33020' 13"W., for 100.09 feet;
thence S.41°39'23"W., for 58.11 feet; thence
S.29°37'59"W., for 74.56 feet; thence S.36°03'29"W.,
for 110.17 feet; thence S.26°43' 12"W., for 22.55 feet
to the POINT OF BEGINNING of the parcel described
herein;
Containing 52,369,412 square feet or
1,202.24 acres, more or less.
Bearings are based on the south line of the
Southwest One Quarter of Section 1, Township 45
South, Range 25 East, as having an assumed
bearing of S.89°56' 14"W.
2. The development plan for those lands
submitted as Pelican Preserve Special
Development Area will generally follow the
pattern of land uses as depicted on the
ORDINANCE NO. 3618
conceptual master plan for the Pelican
Preserve Special Development Area as shown
on Map H. The specific location of uses may
be amended, switched, shifted or changed
with administrative approval by the planning
manager and public works department
director, as long as the total number of
dwelling units or commercial square footage
designated on the approved conceptual master
plan is not increased and is consistent with
Ordinance No. (3618) the local development
order for the Pelican Preserve Development of
Regional Impact (DRI). Phase lines are shown
for the general purpose of showing
development sequence; however, they can be
changed by the developer during the platting
process.
D. Definitions
2. Specific. The following words, terms and
phrases, when used in this section, shall have
the meanings ascribed to them in this
subsection, except where the context clearly
indicates a different meaning:
Abutting properties means properties having a
boundary line or a portion of a boundary line
in common, with no intervening street
right-of-way or easement.
Accessory use or structure means a use or structure
of a nature customarily incidental and
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ORDINANCE NO. 3618
subordinate to the principal use or structure,
and, unless otherwise provided, on the same
premises. The term "on the same premises,"
with respect to accessory uses and structures,
shall be construed as meaning on the same lot
or building parcel or on an abutting lot or
building parcel in the same ownership. Where
a building is attached to the roofline of a
principal building, it shall be considered as a
part thereof, and not an accessory building,
except where otherwise stated. If an accessory
structure is built on an adjacent lot or
building parcel, the adjacent lot or building
parcel shall be combined into a single lot of
record with the lot or parcel on which the
principal structure is located, and the lot may
not be sold to a separate owner without
written confirmation from the city that the
parcel meets the requirements of the Pelican
Preserve Special Development Area and land
development code as a stand alone parcel.
Adult day care center means any building, or part of
a building, whether operated for profit or not,
in which is provided, through its ownership or
management, for a part of a day, base services
to three or more persons who are 18 years of
age or older, who are not related to the owner
or operator by blood or marriage, and who
require such services.
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ORDINANCE NO. 3618
Assisted living facility (ALF), multifamily, means any
building or buildings, section or distinct part
of a building, private home, boarding home,
home for the aged, or other residential facility,
whether operated for profit or not, which
undertakes, through its ownership or
management, to provide housing, meals, and
one or more personal
services,
for a
period
exceeding 24 hours, to
one or
more
adults
who are not relatives of the owner or
administrator.
Automobile service station, major repair, includes any
major body work performed on vehicles,
including, but not limited to, painting, finish
work, body repair, muffler installation, brake
relining, upholstering, engine rebuilding, etc.
Specifically excluded is any major salvage or
stripping operation, such as salvage yards.
Automobile service station, minor repair, means an
establishment primarily engaged in the retail
sale of motor fuel or lubricants, but which
may also include facilities for washing,
polishing, waxing, oil changes, transmission
fluid changes, greasing, tire repairs (with no
recapping or vulcanizing) and other minor
repairs, and emergency road service, including
towing and emergency repairs and services,
and radio or cellular phone sales and
installation.
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ORDINANCE NO. 3618
Automobile wrecking and automobile wrecking yard
means the dismantling, crushing, shredding,
or disassembling of used motor vehicles or
trailers, or the storage, sales or dumping of
dismantled, partially dismantled, obsolete, or
wrecked motor vehicles or trailers, or their
repairs.
Building lot means a parcel of land occupied, capable
of being occupied or designed to be occupied
by one or more principal buildings or uses, for
the district in which located, and the
accessory buildings or uses customarily
incidental to it, including such open spaces as
required.
Building lot or parcel frontage means the distance
measured along a straight line between the
points of intersection of the side lot or lot lines
with the street right-of-way easement.
Building lot or parcel measurement, depth, means the
distance between the midpoints of straight
lines connecting the foremost points of the
side lot or parcel lines in the rear.
Building lot or parcel measurement, width, means the
average distance between straight lines
connecting front and rear lot or parcel lines at
each side of the lot or parcel, measured as
straight lines between the foremost points of
the side lot or parcel lines in front (where they
intersect with the street line) and the rear
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ORDINANCE NO. 3618
most points of the side lot or parcel lines in
the rear; provided, however, that the width
between the side lines at their foremost points
in the front shall not be less than 80 percent
of the required lot or parcel width, except in
the case of lots on the turning circle of a
cul-de-sac, in which case the 80 percent
requirement shall not apply.
Building lot types means the following:
(1) Corner lot means a lot located at the
intersection of two or more streets. A
lot abutting on a curved street shall be
considered a corner lot if lines drawn
tangentially to the street at the
intersection of the side lot lines and the
street meet at an interior angle of less
than 135 degrees.
(2) Interior lot means a lot, other than a
corner lot, with only one frontage on a
street.
(3) Through lot means a lot, other than a
corner lot, with frontage on more than
one street. Through lots abutting two
streets may be referred to as "double
frontage lots."
Building parcel or site means a portion of land or
property located within a larger platted tract of
land, which is intended for development under
the land use designation.
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Carport means a freestanding or attached structure,
consisting of a roof and supporting members,
such as columns or beams, unenclosed from
the ground to the roof on at least two sides,
and designed or used for the storage of motor
driven vehicles owned and used by the
occupants of the building to which it is
accessory.
Change of occupancy means the discontinuance of an
existing use and the substitution therefore of
a use of a different kind or class. Such term is
not intended to include a change of tenants or
proprietors, unless accompanied by a change
in the type of use.
Child care center means an establishment where four
or more children, other than members of the
family, occupy the premises, and are cared for
away from their own home by day or night.
This term includes a day nursery, day care
service, day care agency, nursery school, or
play school. The term does not include foster
homes.
Clinic, medical or dental, means an establishment
where human patients who are not lodged
overnight are admitted for examination and
treatment by one person or group of persons
practicing any form of the healing arts,
whether such persons be medical doctors,
chiropractors, osteopaths, chiropodists,
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ORDINANCE NO. 3618
homeopaths, optometrists, dentists, or any
such medical profession, the practice of which
is lawful in the state in another city. A public
clinic is one operated by any governmental
organization for the benefit of the general
public. All other clinics are private clinics.
Clinic, veterinary, means any structure or premises
used primarily for the diagnosis, treatment,
and medical and surgical care of birds and
animals. Such term may include indoor
kennels for the boarding of animals,
particularly those animals which require
overnight observation and care due to surgery
or other medical treatment. Such term may
also include outdoor runs to provide for the
proper exercise of three animals at a time,
unless the outdoor runs are adequately
screened to protect any adjacent property
from the visual and noise impacts of the
animals.
Cocktail lounge or bar (nightclub) means any
establishment, or part thereof, devoted
primarily to retailing for on -premises
consumption of malt, vinous, or other
alcoholic beverages.
Commercial vehicle means any vehicle that has a
rated load capacity in excess of one ton or
more and is used in conjunction with a
commercial or business activity.
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Community means all of the Pelican Preserve Special
Development Area submitted for conceptual
master plan approval.
Community facility includes a campus style set of
buildings designed to provide recreational
amenities, outdoor recreational facilities, and
community center uses. The recreational
amenities include, but are not limited to, a
volleyball court, lawn bowling, tennis, softball
field, outdoor pool, aerobics pool, gym, social
hall, library, coffee shop, theater, sports bar,
post office, art facilities, woodshop, lap pool,
painting room and related reception area,
locker rooms, restrooms, business center and
administrative area.
Condominium means that form of ownership of real
property which is created pursuant to the
provisions of F.S. ch. 718, which is comprised
of units that may be owned by one or more
persons, and in which each unit owner has an
undivided share in common elements.
Contiguous property. See the definition in this
subsection (2) of the term Abutting property.
Convalescent home. See the definition in this
subsection (2) of the term Nursing home
facility.
Day nursery. See the definition in this subsection (2)
of the term Child care center.
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Depth of a lot. See the definition in this
subsection (2) of the term Building lot or
parcel measurement, depth.
Design review committee (DRQ means a group of
individuals that have the responsibility for
enforcing the design review guidelines and
procedures within an approved special
development area. This committee has the
authority and responsibility to review all
exterior activities, including, but not limited
to, construction, landscaping, new
installations, modifications, alterations,
repairs or reconstruction, and deviations from
this division, as well as other sections of the
land development code. The committee is
selected by the developers, or by the
homeowners' association once the developer is
completely finished with build out of the
special development area and consists of four
to ten individuals with various areas of
professional expertise relating to development
and design.
Drive-in bank or financial institution means a drive-in
bank or financial institution which provides
drive-in teller service, where the patron makes
withdrawals or deposits, or receives other
financial services without departing from his
vehicle. Drive-in banking facilities may
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ORDINANCE NO. 3618
include pedestrian or vehicular automatic
teller machines.
Drive-in business means an establishment, other
than a drive-in restaurant or refreshment
stand, drive-in bank or financial institution, or
drive-in theater, where a patron is provided
products or services without departing from
his automotive vehicle.
Dwelling unit
means
rooms connected
together,
which
could
constitute a
separate,
independent housekeeping establishment for a
family, for owner occupancy, or for rental or
lease on a weekly, monthly or longer basis,
and physically separated from any other
rooms or dwelling units which may be in the
same structure, and containing sleeping and
sanitary facilities and one kitchen. Such term
shall not include rooms in hotels, motels,
boardinghouses, bed and breakfast facilities
or institutional facilities.
Dwelling unit types, duplex, means a single,
freestanding, conventional building on a single
lot, designed for two dwelling units under
single ownership, or wherein each dwelling
unit is separately owned or leased, but the lot
is held under common ownership.
Dwelling unit types, multiple family building, means a
group of three or more dwelling units within a
single conventional building, attached
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ORDINANCE NO. 3618
side -by -side, or one above another, or both,
and wherein each dwelling unit may be
individually owned or leased, but the land on
which the building is located is under
common or single ownership. Dwelling units,
other than caretaker's quarters, which are
included in a building, which also contains
permitted commercial uses, shall also be
deemed to be multiple -family dwelling units.
Dwelling unit types, patio unit, means a single,
freestanding, conventional building, designed
for one dwelling unit and which could be used
for occupancy by one family. Patio units are
identified separately from single-family
detached dwellings with conventional
development standards in that, typically there
is a reduction in the minimum lot area square
feet or floor area, lot width and setbacks. (See
Table A.)
Dwelling unit types, single-family attached, means a
single, freestanding, conventional building,
designed as two dwelling units attached by a
common wall or roof, but wherein each unit is
located on a separate lot under separate
ownership.
Dwelling unit types, single-family detached, means a
single, freestanding, conventional building,
designed for one dwelling unit and which
could be used for occupancy by one family.
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ORDINANCE NO. 3618
Dwelling unit types, townhouse, means a group of
three or more dwelling units, attached to each
other by a common wall or roof, wherein each
unit has direct exterior access and no unit is
located above each other, and each unit is
completely separated from any other unit by a
rated firewall or a fire and sound resistant
enclosed separation or space, and wherein
each dwelling unit is on a separate lot under
separate ownership.
Dwelling unit types, triplex, means a single,
freestanding, conventional building on a single
lot, designed for three dwelling units under
single ownership, or wherein each dwelling
unit is separately owned or leased, but the lot
is held under common ownership.
Dwelling unit types, zero lot line, means a dwelling
unit with at least one wall of a building on a
side or a rear line of the lot on which it
stands.
Essential services means services designed and
operated to provide water, sewer, gas,
telephone, electricity, cable television or
communications to the general public by
providers which have been approved and
authorized according to laws having
appropriate jurisdiction.
Family means all people occupying a single dwelling
unit who are related by law, blood or
ORDINANCE NO. 3618
marriage, and it shall also include four or less
people who are not related by law, blood or
marriage. Nothing in this definition shall
preclude domestic servants from being housed
on the premises. Such term shall not be
construed to mean a fraternity, sorority, club,
monastery, cult, covenant or institutional
group.
Floor area, gross, means the area within the inside
perimeter
of the exterior
walls,
with no
deduction
for corridors,
stairs,
closets,
thickness of walls, columns or other features,
exclusive of areas open and unobstructed to
the sky.
Frontage of a building. See the definition in this
subsection (2) of the term Building lot or
parcel frontage.
Frontage of a lot. See the definition in subsection (2)
of the term Building lot or parcel frontage.
Garage, parking, means a building, or portion
thereof, designed or used for the temporary
parking of motor vehicles.
Gasoline dispensing system means a gasoline
dispensing system which is card -operated, for
governmental or commercial entities only, in
accordance with the applicable National Fire
Protection Association standards.
Gateway Services Community Development District
means a community development
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ORDINANCE NO. 3618
district (CDD) formed under F.S. ch. 190 to
provide landscaping, parks and recreation,
lighting, potable water, sanitary sewer,
irrigation/reuse water, roads, drainage, etc.
Such district has the responsibility to review
plans of development that will be conveyed to
the district for ownership and maintenance to
ensure compliance with its criteria manual in
accordance with its National Pollutant
Discharge Elimination System (NPDES) permit
from the Environmental Protection
Agency (EPA) and South Florida Water
Management District (SFWMD) permit. The
criteria manual serves as the district's basis of
review.
Geriatric outpatient clinic means a site for providing
outpatient health care to persons 60 years of
age or older, which is staffed by a registered
nurse or a physician's assistant.
Guesthouse or cottage means an accessory dwelling
unit which might, or might not, include
cooking facilities, which is incorporated,
attached to; or detached from a principal
dwelling, and which is used exclusively for the
noncommercial accommodation of friends or
relatives of the occupant or owner of the
principal dwelling.
Hospice means a centrally administered corporation,
not for profit, as defined in F.S. ch. 617,
20
ORDINANCE NO. 3618
providing a continuum of palliative and
supportive care for terminally ill patients and
their family, and includes hospice residential
units which provide a homelike living facility,
other than a facility licensed under other parts
of F.S. ch. 400, or under F.S. ch. 395, that is
operated by a hospice for the benefit of its
patients and is considered by a patient who
lives there to be his primary residence, and as
this term may hereafter be defined under
F.S. § 400.601.
Hospital means a building or group of buildings
having facilities for overnight care of one or
more human patients, providing services to
in -patients and medical care to the sick and
injured, and which may include as related
facilities, laboratories, out -patient services,
training facilities, central service facilities and
staff facilities; provided, however, that any
related facility shall be incidental and
subordinate to principal hospital use and
operation. A hospital is an institutional
facility within the terms of this division.
Institutional facility means a hospital, assisted living
facility, extended care facility, convalescent
home, life care facility, rest home, home for
the aged, adult foster home, children's home,
rehabilitation center, licensed skilled nursing
facility, and other uses which, in the opinion
21
ORDINANCE NO. 3618
of the planning manager, or his designee, are
consistent.
Land preparation means any activity involving
re -contouring of the land, including, but not
limited to, clearing, sloping, grading,
excavating, filling, road construction, utility
installation, landscaping, and other similar
activities.
Loading space, off-street, means a space logically and
conveniently located for pickups and/or
deliveries or for loading and/or unloading.
Long-term care facility means a skilled nursing
facility, nursing facility, assisted living facility,
adult facility care home, board and care
facility or any other similar adult care center,
or such other definition provided in
F.S. ch. 400.
Lot. See the definition in this subsection (2) of the
term Building lot.
Model home means a residential structure used for
demonstration purposes or sales promotion,
not occupied as a dwelling unit or contractor's
office, and open to the public for inspection.
Motor home means a vehicular unit built on a
self-propelled motor vehicle chassis, primarily
designed to provide temporary living quarters
for recreational, camping, or travel use.
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ORDINANCE NO. 3618
Nursery, plant, means any lot, structure or premises
used as an enterprise for the purpose of
growing or keeping plants for sale or resale.
Nursery school. See the definition in subsection (2) of
this section of the term Child care center.
Nursing home facility means any facility which
provides nursing services as defined in
F.S. ch. 464, pt. I, and which is licensed
according to F.S. ch. 400, pt. II.
Parcel. See the definition in this subsection (2) of the
term Building parcel or site.
Recreation, commercial, includes recreational
facilities operated as a business, that may be
open to the public. Such term includes, but is
not limited to, art galleries, museums,
amphitheaters, indoor model car racecourses,
billiard or pool halls, coin -operated
amusement establishments, dance halls, golf
courses, miniature golf driving ranges, golf
pitch and putt, pools, tennis courts, bowling
alleys, gymnasiums, health clubs, racquetball,
handball or squash courts, skating rinks,
swimming pools and aquatic centers, and
indoor theaters.
Restaurant means an establishment where food is
ordered from a menu, and is prepared and
served for pay primarily for consumption on
the premises. This definition is not intended
to preclude incidental food takeout service.
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ORDINANCE NO. 3618
Restaurant, drive-in or refreshment stand, means any
place or premises where provision is made on
the premises for the selling, dispensing, or
serving of food, refreshments, or beverages in
automobiles and/or in other than a
completely enclosed building on the premises,
including those establishments where
customers may serve themselves and may eat
or drink the food, refreshments, or beverages
in automobiles on the premises. A restaurant
which provides drive-in facilities of any kind in
connection with regular restaurant activities
shall be deemed a drive-in restaurant for the
purpose of this division. A barbecue stand or
pit having the characteristics noted in this
definition shall be deemed a drive-in
restaurant. This definition shall not apply to
any full service sit-down restaurant with
outdoor seating.
Restaurant, fast food, means an establishment where
food is prepared and served to the customer in
a ready -to -consume state for consumption
either within the restaurant building, outside
the building but on the same premises, or off
the premises, and having any combination of
two or more of the following characteristics:
(1) A limited menu, usually posted on a
sign rather than printed on individual
sheets or booklets;
24
ORDINANCE NO. 3618
(2) Self-service rather than table service by
restaurant employees;
(3) Disposable containers and utensils; or
(4) A kitchen area in excess of 50 percent
of the total floor area. A cafeteria or
delicatessen shall not be deemed a fast
food restaurant for the purpose of this
division.
Sales facility means a temporary facility in which real
estate sales take place for the Pelican Preserve
community.
School, commercial, means a for profit educational
facility.
School, private, means an educational facility that
meets academic standards as provided by the
state.
Self-service fuel pump service station means an
establishment primarily for the purpose of
retail selling of motor vehicle fuels. Ancillary
sales may include some convenience
commodities, such as tobacco or dairy
products and auto washes.
Site plan means the development plan for one or
more lots, building lots, tracts or parcels,
which depicts the existing and proposed
conditions of the lot, and all of the other
requirements set forth in subsection E below.
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ORDINANCE NO. 3618
Street, private, means a street that is maintained by
the developer or the Gateway Services
Community Development District.
Street, public, means a street that is maintained by
the city or any governing public body.
Supermarket means a self-service retail market,
which primarily sells food items, but also may
sell household items, personal items and other
merchandise. Such facility is generally, but
not necessarily, part of a chain store system,
which may exist as an individual structure or
as an integrated structure within a shopping
center.
Tract means a designated area of land or property
established by plat.
Trailway means a minimum five-foot wide pathway
constructed of either asphalt, concrete, or
wood plank.
Variance means a departure from the provisions of
this chapter or from the city code (excluding
building codes) relating to building and other
structural setbacks, lot dimensions such as
width, depth or area, structure or building
height, open space, buffers, street setbacks,
off-street parking or loading requirements,
building coverage, impervious areas,
landscaping and similar type regulations, but
not involving the actual use of the property,
building or structure, procedural
26
ORDINANCE NO. 3618
requirements or definitions. A variance shall
not be authorized which increases the
allowable
density of
multifamily
residential
structures,
or which
increases the
floor area
ratio of commercial or industrial square
footage. Establishment or expansion of a use
otherwise prohibited shall not be allowed by
variance, nor shall a variance be granted
because of the presence of nonconformities in
the land use district or classifications. A
variance may be granted when the approval of
the variance is beneficial to the project or
development and imposes no negative impact
on surrounding development. No variance can
be granted that would be detrimental to the
public health and safety.
Vehicle sale or rental includes, but is not limited to,
the sale or rental of new or used automobiles,
boats, buses, campers, mobile homes,
motorcycles, trucks, vans and recreational
vehicles or
trailers,
but
excluding farm
implements
and
heavy
construction
equipment.
E. Development Review Procedures
1. All developers or builders within Pelican
Preserve Special Development Area must
obtain building permits from the city. All
applications for building permits must be on
the standard city application and must
27
ORDINANCE NO. 3618
include any necessary attachments. In order
for a building permit application to be
considered complete, it must include written
documentation from the Pelican Preserve
Design Review Committee, which
demonstrates the fact that the builder or
developer submitted an application to the
Pelican Preserve Design Review Committee
(and the Gateway Services Community
Development District if the proposed
improvements will be conveyed to the Gateway
Services Community Development District for
ownership) and received approval from them
prior to submittal to the city. It is the
responsibility of the Pelican Preserve Design
Review Committee to provide evidence of when
the Gateway Services Community
Development District's approval is required.
2. The developer shall be required to file a
preliminary subdivision plat, and record all
final subdivision plats and subsequent replats
prior to the development of property within the
area designated as the Pelican Preserve
Special Development Area in accordance with
chapter 130. The construction of all or a
portion of Treeline Avenue must be in
accordance with county standards for arterial
roadways. Treeline Avenue will be owned and
maintained by the county. The following uses
ORDINANCE NO. 3618
may be issued building permits prior to the
completion of 50 percent of the dollar value of
all site improvements (see the exception set
forth in section 130-97):
a. The construction of golf courses and
water management facilities.
b. Other site amenities, including
clubhouses and guardhouses.
C. The construction of model homes,
provided the developer submits a
covenant of unified control which also
acknowledges the use of the model
home is temporary. The certificate of
occupancy shall note that the model
home is for temporary use as a model
only until such time as a final plat is
recorded.
F. General Standards
1. Surface water management
a. Construction, operation, and
maintenance of the water management
system shall be conducted by the
developer, its successor or assigns, the
Gateway Services Community
Development District (created pursuant
to F.S. ch. 190) or a property owner's
association that would be responsible
for the water management system.
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ORDINANCE NO. 3618
b. A surface water management system
(South Florida Water Management
District Permit No.36-00678-5) has
been designed and partially
implemented for the Pelican Preserve
community. This system incorporates
the use of lakes, natural cypress areas,
flow ways, swales, control structures,
and spreader swales. The water
management plan combines manmade
and natural system features, such as
natural cypress strands and seasonal
ponds, to provide the necessary surface
water storage capacity for the
community.
2. Private street design standards. Private
streets shall be permitted and approved,
provided they comply with the design
standards of chapter 134, pertaining to traffic
circulation and parking, except as follows:
a. Traffic impact statement variation. A
traffic impact statement (TIS) shall not
be required for an approved
development of regional impact.
Individual parcels or site plan
submittals within Pelican Preserve
Special Development Area shall be
required to submit traffic information
as outlined in the Pelican Preserve
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ORDINANCE NO. 3618
Development of Regional Impact and
shall be utilized to track the traffic
impacts and mitigation requirements as
provided for in the development of
regional impact.
b. Section 134.2.6.A, pavement width
variation. Private roads located within
a subdivision shall be allowed to have a
minimum 40 foot right-of-way and
11 foot wide lanes.
C. Section 134.2.10, cul-de-sac streets
variation. Cul-de-sacs shall be a
minimum pavement diameter of 72 feet
for residential areas, with a minimum
pavement width of 22 feet. The
cul-de-sac shall be a minimum
pavement diameter of 110 feet for
commercial areas. The city will
consider a reduction in the pavement
diameter when stabilized surfaces and
access points are provided or
hammerhead turning facilities are
installed.
d. Section 134.2.14, curb -cut alignment
variation. Where two local streets are
proposed to be aligned, they shall be
directly across from each other or
separated by at least 125 feet
center -to -center of the pavement.
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ORDINANCE NO. 3618
e. Section 134.2.15, number of access
points variation. Residential corner lots
on local streets shall be allowed to have
a driveway separation of 50 feet
between driveways.
f. Section 134.2.16, frontage roads
variation. The number of access points
onto Colonial Boulevard were approved
in the development order for Pelican
Preserve and are reflected on Map H of
the Pelican Preserve Development of
Regional Impact development order.
The number of access points will be
limited to no more than one access
point every 660 feet, or more, based on
the layout of the development. Since
the access points are limited, the site
must be designed to ensure access.
Therefore, a frontage road shall be
provided along Colonial Boulevard,
unless, through the administrative
deviation process, the developer can
provide an acceptable alternate plan for
internal circulation in accordance with
the provisions of section 134.2.12.A,
pertaining to continuation of existing
street patterns.
g. Section 134.2.25, sidewalks/sidewalk
ramps variation. The developer will
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ORDINANCE NO. 3618
provide an eight -foot asphalt or
concrete sidewalk along Colonial
Boulevard and a sidewalk on Treeline
consistent with the cross section being
built by the county. The developer will
provide five-foot concrete sidewalks
along both sides of the street for all
collector roads. A five-foot sidewalk
along one side of the road shall be
provided for all local roads. Local
cul-de-sac roads of less than 600 linear
feet shall not be required to provide the
sidewalk. A green space between one
foot and ten feet shall be provided
between the pavement edge and
sidewalk.
h. Section 134.2.27, street names/traffic
control devices variation. All street
signs and traffic control devices shall
have a common architectural theme
throughout the entire Pelican Preserve
Special Development Area. The signage
shall meet the safety requirements of
the Manual of Uniform Control Devices,
except as approved by the public works
department director.
3. Public access. All public streets shall be
constructed in accordance with the
requirements of chapter 130, pertaining to
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ORDINANCE NO. 3618
subdivisions, and chapter 134, pertaining to
traffic circulation and parking. All publicly
dedicated streets shall connect to, or be an
extension of, an existing public street.
4. Agricultural uses. Nonconforming use of
property within Pelican Preserve for
agricultural purposes (including the grazing
and housing of livestock) will be permitted to
continue upon showing that such agricultural
activity will not unreasonably interfere with
the use and enjoyment of nearby residential
structures and upon the submission of
documentation which indicates that the
agricultural use existed prior to the
annexation of the property into the city.
Nursery activity is permitted within Pelican
Preserve Special Development Area for the
propagation of vegetation and landscape
material, which will be installed within Pelican
Preserve.
5. Model units. Model units and/or sales
facilities intended to promote the sale of the
units within Pelican Preserve are a permitted
use in all zoning districts.
6. Open space.
a. Due to the large areas of open space
(i.e, golf courses, lakes, conservation
areas, recreation areas), a minimum of
ten percent open space shall be
34
ORDINANCE NO. 3618
provided on an individual lot basis,
except that those parcels fronting on
arterial roads or collector roads shall
maintain a minimum of 25 percent
open space.
b. Pelican Preserve shall be required to
provide 40 percent of the gross acreage
(approximately 406t acres) as open
space. The open space area may
include golf courses, passive recreation
areas, and/or bodies of water,
including stormwater management
areas.
7. Signage.
a. Signage guidelines are to be in
conformance with chapter 126,
pertaining to signs, except as set forth
herein. Variations may be approved as
long as the variance is consistent with
the administrative approval process set
forth herein, and the written
verification from the Pelican Preserve
Design Review Committee.
b. Pelican Preserve shall maintain an
express set of signage guidelines for the
community.
C. The Pelican Preserve Design Review
Committee shall review all signage
proposals within Pelican Preserve to
35
ORDINANCE NO. 3618
ascertain compliance with the signage
guidelines for the community.
d. All applications to the city for a sign
permit shall include written verification
from the Pelican Preserve Design
Review Committee that a completed
application for consideration of the
signage proposal has been reviewed and
approved by the Pelican Preserve
Design Review Committee.
e. Community signage is allowed at
entrances and community property
corners. All other criteria set forth in
chapter 126 shall apply to signage.
8. Fences and walls.
a. Fences and walls shall be treated as a
structure for building permit purposes,
and a permit shall be obtained prior to
the erection thereof.
b. All fences shall be of sound, sturdy
construction and shall not detract from
the surrounding area.
C. Fences and walls on property may be of
varying materials and colors, but shall
be of internally compatible design.
d. The terms "fence" and "wall" may be
used interchangeably for purposes of
this section.
36
ORDINANCE NO. 3618
e. The planning manager and parks
manager, or public works department
director may authorize the use of
barbed wire in conjunction with chain
link fencing where it is found to be
necessary to provide security around
hazards such as electrical substations,
utility sites, water management
structures, etc.
f. Except as may be otherwise permitted
pursuant to a building parcel/building
site plan approval, no wall or fence
shall be erected or maintained within
25 feet from the corner intersection of a
street right-of-way.
g. No fence shall block the sight line of
passing motorists so as to constitute a
traffic hazard.
h. Residential walls shall be limited to a
height of eight feet from the average
ground level, unless an increased
height is permitted in accordance with
the requirements below.
i. Commercial or industrial walls shall be
limited to a height of ten feet from
average ground level, unless an
increased height is permitted in
accordance with the requirements
below.
37
ORDINANCE NO. 3618
j.
Fences and walls for residential
neighborhoods and/or commercial
project fences may include
architectural features such as columns,
cupolas, fountains, parapets, etc., at a
height not exceeding twice the fence or
wall height.
k.
No increase in height for fences or walls
may be approved unless the request
received the prior approval of the
Pelican Preserve Design Review
Committee and is processed through
the administrative deviation process.
1.
Fences used to enclose a tennis court
or other sport activity area may exceed
the height limitations set forth above.
M.
Fences involving agriculture purposes
shall be exempt from these regulations.
9. Off -Street parking and loading
requirements.
a.
The off-street parking and loading
requirements shall be as set forth in
chapter 134, article 3, pertaining to
off-street parking and loading, as
amended.
b.
In order to permit flexibility in design,
innovative development and improved
traffic circulation within the village
center district and golf course
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ORDINANCE NO. 3618
clubhouse, golf cart parking spaces
may be provided on -site, in lieu of
vehicular parking spaces, at a
calculation not to exceed 25 percent of
the minimum off-street vehicular
parking space requirements for such
land uses. Golf cart parking spaces are
not required to be paved, but shall be
compacted, stabilized, well drained and
surfaced with a durable grass cover.
Golf cart parking shall be located on
the same parcel they serve and be
arranged for safe and convenient
access. Minimum aisle widths for golf
cart circulation shall be 12 feet for
two-way traffic and six feet for one-way
traffic, and the minimum size
requirements for parking spaces shall
be six feet by ten feet. Golf cart parking
lots shall be developed separate and
apart from off-street vehicular parking
lots wherein no vehicular ingress or
egress shall occur.
G. Pelican Preserve Design Review Committee
1. The Pelican Preserve Design Review
Committee reviews all vertical and site
development within Pelican Preserve Special
Development Area pursuant to established
design review guidelines. The Gateway
191%
ORDINANCE NO. 3618
Services Community Development District
shall review all site development within
Pelican Preserve Special Development Area
pursuant to its criteria manual, if the
proposed improvements will be conveyed to
the Gateway Services Community
Development District for ownership and
maintenance. It is the responsibility of the
Pelican Preserve Design Review Committee to
provide evidence of when the Gateway
Services Community Development District
approval is required.
2. The design review committee will review and
provide written verification of review and
approval of all plans prior to the submission of
a preliminary plat and building plans to the
city. Five sets of plans shall be submitted to
the Pelican Preserve Design Review
Committee. The Pelican Preserve Design
Review Committee will, upon completion of its
review, grant approval, conditional approval or
denial based on the plans and related
information. When plans are approved, the
plans will be stamped with the approval of the
Pelican Preserve Design Review Committee,
and signed and dated. Four sets of plans will
be returned to the applicant to be used for
submission to the city. If the approval from
the Pelican Preserve Design Review Committee
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ORDINANCE NO. 3618
was a conditional approval, the plans will note
the conditions, which will also be submitted to
the city.
3. The Pelican Preserve Design Review
Committee will review the plans and evaluate
the following types of improvements:
a. Building location.
b. Street layout.
C. Existing and proposed vegetation.
d. Signage (permanent and temporary
signage for builders/tradesmen).
e. Grading and drainage.
L Paths and sidewalks.
g. Exterior materials.
h. Building height.
L Setbacks.
j. Lighting.
k. Type and location of accessory
structures.
1. Walls and fences.
M. Such other items as are necessary to
evaluate consistency with the design
review guidelines of this division.
4. The Pelican Preserve Design Review
Committee shall create a checklist that
includes all of the above items. The Pelican
Preserve Design Review Committee shall
complete the checklist for every submittal for
plat approval and development, and shall note
41
ORDINANCE NO. 3618
on the checklist its findings and evaluation. A
copy of the completed checklist shall be signed
by the Pelican Preserve Design Review
Committee and provided to the applicant for
submission to the city.
5. The Pelican Preserve Special Development
Area as set forth in this division provides for
administrative deviation requests. All
requests for administrative deviations shall be
submitted to the Pelican Preserve Design
Review Committee for their review and
evaluation prior to submission to the city.
The applicant must submit written
documentation to the city that verifies the
results of the Pelican Preserve Design Review
Committee's review, and which explains that
the request was considered by the Pelican
Preserve Design Review Committee and their
findings.
H. Zoning districts.
1. Purpose and intent. The purpose of this
section is to set forth the types of uses which
may be permitted within each of the zoning
districts designated on Map H of the
Conceptual Master Plan. The proposed
location and general development parameters
shall be identified on Map H of the Conceptual
Master Plan.
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ORDINANCE NO. 3618
2. Conservation Area District (CO).
a. Purpose and intent. The Conservation
Area District (CO) is intended to
designate and protect from
incompatible uses those areas
determined to be environmentally
sensitive or otherwise necessary for
water management facilities. It is
intended that these areas be utilized as
water management areas and/or
nature parks with limited recreational
use. Water management areas and
passive recreation areas can be located
in any land use district and do not have
to be designated as conservation areas.
b. Permitted uses and structures.
Permitted uses and structures in the
CO district are as follows:
1) Aquatic and botanical research
laboratories and facilities.
2) Boat docks.
3) Boating (limited to motors with
25 horsepower or less).
4) Community and cultural
facilities which are compatible
with this district.
5) Golf courses.
6) Nature trails, including
boardwalks.
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ORDINANCE NO. 3618
?) Paths and bridges to provide
access for residents and minor
maintenance equipment.
8) Roadway crossings and utility
crossings where necessary.
9) Water management facilities.
10) Other similar uses when
approved by the development
services manager.
3. Recreation/Golf Course District (RO).
a. Purpose. The purpose of this district is
to set forth the regulations for uses in,
and development of, golf courses and
related facilities within the
development.
b. Location. Although the approximate
boundary of golf courses are identified
on the conceptual master plan, it does
not preclude portions of the courses,
recreational areas or other courses from
being identified subsequent to the
conceptual master plan and reflected
on the preliminary and final plats.
C. Permitted uses and structures.
Permitted uses and structures in the
RO district include the following:
1) Clubhouses.
2) Cocktail lounges.
3) Equipment storage.
ORDINANCE NO. 3618
4) Gift shops.
5) Golf courses.
6) Golf equipment sales.
7) Golf learning centers.
8) Hotels.
9) Maintenance shops/buildings.
10) Motels.
11) Plant nurseries (noncommercial).
12) Pro shops.
13) Project information and real
estate sales facilities.
14) Recreational and commercial.
15) Recreational facilities, including
bike paths, driving ranges,
handball courts, parks, putting
greens, racquetball courts,
swimming pools, tennis courts,
and nature trails.
16) Recreational vehicle storage
areas.
17) Restaurants.
18) Sales facilities.
19) Sporting goods sales.
20) Tennis equipment sales.
21) Water management facilities.
22) Other similar uses when
approved by the planning
manager.
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ORDINANCE NO. 3618
4. Single -Family Residential Attached and
Detached Districts (SF). Single -Family
Residential use category is a permitted use in
the areas depicted as Residential (R) on
Map H, the Conceptual Master Plan.
a. Purpose and intent. It is the intent of
the single-family attached and detached
district to recognize and provide for a
variety of dwelling types commonly
referred to as "single-family attached
dwelling units," whether referred to as a
"townhouse," "row house," "duplex,"
"triplex," 'villa," "garden apartment," or
any other name for similar type
structures, as well as the conventional
single-family detached dwelling unit, to
also include patio and zero lot line
units.
b. Permitted uses and structures.
Permitted uses and structures in the
SF district include the following:
1) Assisted living facilities.
2) Community and cultural
facilities.
3) Conservation and water
management facilities.
4) Golf courses.
5) Guesthouses.
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ORDINANCE NO. 3618
6) Home occupations (in
accordance with the
requirements set forth in the
land development code).
7) Noncommercial boat launching
facilities and docking areas not
accessory to an individual
residential structure.
8) Private facilities, such as utility
stations and substations.
9) Private recreational clubs and
facilities intended to serve the
neighborhood (with consumption
of alcoholic beverages on the
premises) in which located, but
not to include fraternal
organizations and/or
recreational clubs.
10) Public and private parks,
playgrounds, play fields, and
commonly owned open space.
11) Recreational vehicle areas
restricted to a maximum number
of 40 sites.
12) Sales facilities.
13) Single-family attached.
14) Single-family detached.
15) Any other principal use or
accessory use which is
EVA
ORDINANCE NO. 3618
compatible in nature with the
foregoing uses and which the
development services manager
determines to be similar and/or
compatible with the residential
district, including but not limited
to:
a) Private garages, carports
and parking areas;
b) Private swimming pools
and enclosures;
e) Private tennis courts;
d) Fences and walls;
e) Private boat docks
accessory to the residence
served.
C. Residential District Regulations.
(See Table A below.)
S. Multi -Family District (MF). Multi -Family
District is a permitted use in the areas
depicted as Residential (R) on Map H, the
Conceptual Master Plan.
a. Purpose and intent. It is the intent
and purpose of this subsection to set
forth the regulations for development of
tracts, parcels or lots as multiple -family
uses.
IN
ORDINANCE NO. 3618
b. Permitted uses and structures.
Permitted uses and structures in the
MF district include the following:
1) Any use or structure permitted
in the single-family residential
attached and detached
district (SF).
2) Hotels.
3) Motels.
4) Multifamily.
5) Any other principal use or
accessory use which is
compatible in nature with the
foregoing uses and which the
development services manager
determines to be similar and/or
compatible with the residential
district, including, but not
limited to:
a) Private garages, carports
and parking areas;
b) Private swimming pools
and enclosures;
c) Private tennis courts;
d) Fences and walls;
e) Private boat docks
accessory to the residence
served.
ORDINANCE NO. 3618
C. Residential district regulations. (See
Table A below.)
Table A: Residential Districts Regulations (SF and MP)
Single -Family
Multi -
District
Detached
Single -Family Attached
family
Patio
Two-
Single-Fami
Multi-
Single-
and
Family
ly Attached,
family
Permitted Uses
Family
Zero
and
Triplex and
Dwellings,
and Standards
Detached
Lot Line
Duplex
Townhouse
ALFs
Category
1
2
3
4
5
Minimum lot area
6,500 SF
4,000 SF
2,500 SF *3
2,500 SF
20,000 AC
Minimum lot width
50
30
35
30
100
Front yard * 1 *2
20
20
20
20
20
Front yard for
angled and side
entry garage
15
10
10
10
15
Side yard *1
5
*5
7.5
0.5 BH
0.5 BH
Rear yard principal
20
10
15
15
0.5 BH
Rear yard accessory
10
5
10
10
15
Rear yardspecial * 1
10
5
10
10
0.5 BH
Maximum building
height
35
35
35
35
100 *7
Floor area min.) SF
1,400 SF
600 SF
600 SF
600 SF
500 SF
Building coverage
(max.)
45%
45%
45%
45%
45%
NOTES:
BH: Building height. SBH: (Sum of building heights): Combined
height of two adjacent buildings for the purpose of determining
setback requirements. All distances are in feet unless otherwise
noted.
* 1. Reduced setbacks with approval from Pelican
Preserve Design Review Committee for side and rear
yards for principal structures on lots which abut
lake, open space, or reserve areas. With approval
from Pelican Preserve Design Review Committee,
front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way,
setback is measured from the adjacent
right-of-way line.
50
ORDINANCE NO. 3618
B. If the parcel is served by a private road,
setback is measured from the access
easement.
*2. Dwellings which provide for two parking spaces
within an enclosed garage and provide for guest
parking other than in private driveways may reduce
the front yard requirement to 12 feet for the garage
and 15 feet for the remaining structures.
*3. Each half of a duplex unit requires a lot area
allocation of 2,500 square feet for a total minimum
lot area of 5,000 square feet.
*4. Minimum lot width may be reduced by 20 percent for
cul-de-sac lots, provided the minimum lot area
requirement is still maintained.
*5. Zero feet or a minimum of five feet on either side,
except that where the zero -foot yard option is
utilized, the opposite side of the structure shall have
a ten -foot yard. Zero -foot yards may be used on both
sides of a structure, provided that the opposite
ten -foot yard is provided.
*6. Setbacks measured to the nearest point of the
building, and not including windows, shutters,
overhangs and awnings.
*7. Building height for assisted living facilities only may
be ten stories over parking.
51
ORDINANCE NO. 3618
6. Village Center Commercial District (VC).
a. Purpose and intent. The purpose of
the village center commercial
district (VC) is to set forth regulations
for hotels, offices, retail, multifamily
residences and certain commercial
facilities serving the traveling public,
city residents and the greater county
area.
b. Permitted uses and structures.
Permitted uses and structures in the
VC district include the following:
1) Adult day care centers.
2) Apparel shops, including, but
not limited to, clothing, hats,
jewelry, shoes and other
customary clothing accessories.
3) Assisted living facilities.
4) Auto service stations, minor
repairs.
5) Banks and financial institutions,
drive-in facilities and automated
teller machines (ATM).
6) Botanical and zoological gardens.
7) Child care centers.
8) Churches.
9) Clubs, private.
10) Cocktail lounges or bars.
11) Commercial centers.
52
ORDINANCE NO. 3618
12) Commercial, recreational uses.
13) Community facilities.
14) Conference centers.
15) Conservation and water
management facilities.
16) Cultural centers.
17) Department stores.
18) Drug stores.
19) Food stores.
20) Golf courses, and related uses.
21) Health care clinics, including,
but not limited to, medical,
dental, optical, chiropractic, and
osteopathic, plus related
facilities, such as blood banks
and organ donor facilities.
22) Hotels and motels.
23) Longterm care facilities.
24) Medical offices.
25) Multiple -family dwelling units.
26) Nightclubs.
27) Nursing homes.
28) Offices, business and/or
professional.
29) Package stores.
30) Parking garages, public or
private.
31) Personal services including, but
not limited to, barbershops,
53
ORDINANCE NO. 3618
beauty salons, health spas,
laundry and dry cleaning pickup
establishments, self-service
laundries and the like.
32) Public and private parks and
commonly owned open space.
33) Recreation facilities, indoor and
outdoor, commercial.
34) Restaurants, including fast food
and refreshment stands.
Consumption of alcoholic
beverages on the premises shall
be permitted in accordance with
the requirements of the land
development code.
35) Schools, private or commercial.
36) Self-service fuel pump service
stations.
37) Signs.
38) Specialty shops, including but
not limited to, antique and curio
shops, arts, craft and hobby
shops, bait and tackle shops,
bicycle rentals, bookstores,
florists, gift and souvenir shops,
newsstands, novelty shops,
stationery shops and other
similar retail sales or service
shops.
54
ORDINANCE NO. 3618
39) Studios for artists, photography,
interior decorating and similar
uses.
40) Supermarkets.
41) Theaters (indoor as well as
outdoor amphitheaters).
42) Other uses. The development
services manager may approve
any other commercial or
professional service which is
comparable and compatible with
the stated purpose and intent of
this district.
C. Prohibited uses. These uses are
expressly prohibited in all commercial,
business, office or similar districts:
1) Adult entertainment
establishments.
2) Automobile wrecking or
automobile wrecking yards.
3) Bottle clubs.
4) Drive-in theaters.
d. Development regulations. (See
Table B below.)
e. Exceptions. In order to permit
maximum flexibility in designing and
planning for an innovative development
within the village center commercial
district, the developer shall have broad
55
ORDINANCE NO. 3618
powers to reduce, eliminate, or adjust
parcel boundary line setbacks and
minimum distances between buildings
specified in Table B, provided that:
1) All building and fire code
requirements are met.
2) The planning manager with the
consent of the planning manager
and public works department
director, determines that the
reduction, elimination or
adjustment does not negatively
impact the public health and
safety.
3) If the developer disputes the
finding of the planning manager,
the developer has the right to
appeal the decision of the
planning manager on all fire and
life safety issues to the fire and
building board of appeals,
pursuant to the procedure set
forth in the land development
code.
7. General Commercial District (C)
a. Purpose and intent. The purpose of
the general commercial district (C) is to
set forth regulations for hotels, offices,
retail and certain commercial facilities
56
ORDINANCE NO. 3618
serving the traveling public, city
residents and the greater county area.
b. Permitted uses and structures.
Permitted uses and structures in the
(C) district
include the following:
1)
Adult day care centers.
2)
Apparel shops, including, but
not limited to, clothing, hats,
jewelry, shoes, and other
customary clothing accessories.
3)
Assisted living facilities.
4)
Auto service stations, minor
repairs.
5)
Banks and financial institutions,
drive-in and automated teller
machine (ATM) facilities.
6)
Botanical and zoological gardens.
7)
Car washes.
8)
Child care centers.
9)
Churches.
10)
Clubs, private.
11)
Cocktail lounges or bars.
12)
Commercial centers.
13)
Commercial, recreational uses.
14)
Community facilities.
15)
Conservation and water
management facilities.
16)
Department stores.
17)
Drug stores.
57
ORDINANCE NO. 3618
18) Food stores.
19) Funeral homes and mortuaries.
20) Garden or lawn supplies and
equipment (outdoor display
permitted) .
21) Geriatric outpatient clinics.
22) Golf courses, and related uses.
23) Golf cart sales and service.
24) Hardware, paint, floor and wall
coverings.
25)
Health clinics, including, but not
limited to, medical,
dental,
optical, chiropractic,
and
osteopathic, plus
related
facilities, such as blood
banks
and organ donor facilities.
26)
Home appliance, furniture,
furnishings and supplies.
27)
Hospitals.
28)
Hotels and motels.
29)
Institutional facilities.
30)
Kennels.
31)
Longterm care facilities.
32)
Medical offices.
33)
Nursing homes.
34)
Offices, business
and/ or
professional.
35)
Package stores, with no
on -site
consumption.
ORDINANCE NO. 3618
36) Parking garages, public or
private.
37) Personal services, including, but
not limited to, barbershops,
beauty salons, health spas,
laundry and dry cleaning pickup
establishments, self-service
laundries, and the like.
38) Pet stores, including pet
grooming, but not boarding,
provided all activities are
conducted totally within an
enclosed building with no
outside runs.
39) Public and private parks and
commonly owned open space.
40) Recreation facilities, indoor only,
including, but not limited to,
arcades, bowling alleys, game
rooms, and theaters.
41) Repair services, including, but
not limited to, small electrical
appliances, radio, television and
electronic equipment, bicycles
and other household
furnishings, but excluding the
repair of gasoline or diesel
engines.
59
ORDINANCE NO. 3618
42) Restaurants, including fast food
and refreshment stands.
Consumption of alcoholic
beverages on the premises shall
be permitted in accordance with
the requirements of the land
development code.
43) Sales facilities.
44) Self-service fuel pump service
stations.
45) Schools, private or commercial.
46) Signs.
47) Specialty shops, including, but
not limited to, antique and curio
shops, arts, craft and hobby
shops, auto and boat parts (new
or used), bait and tackle shops,
bicycle sales, rental and repair,
bookstores, butchers, florists,
gift and souvenir shops, music
shops, newsstands, novelty
shops, optical shops, stationery
shops, sporting goods stores,
tobacco shops, and other similar
retail sales or service shops.
48) Studios for artists (no towers),
dancing or music instruction in
completely enclosed,
soundproofed buildings, interior
60
ORDINANCE NO. 3618
decorating, photography, and the
like.
49)
Supermarkets.
50)
Theaters, indoor.
51)
Vehicle sales, and rentals.
52)
Veterinarians.
53)
Accessory uses and structures
customarily associated with the
uses permitted in this district.
54)
Any other principal use which is
compatible in nature with the
foregoing uses and which the
development services manager
determines to be similar and/or
compatible with the general
commercial district.
C. Prohibited uses. These uses are
expressly prohibited
in the general commercial
district (C):
1)
Adult entertainment
establishments.
2)
Automobile wrecking or
automobile wrecking yards.
3)
Bottle clubs.
4)
Drive-in theaters.
d. Commercial district regulations.
(See Table B below.)
61
ORDINANCE NO. 3618
Table B: Commercial District Regulations
General
Village
Commercial
Center
Minimum area
20,000 square
10,000
feet
square feet
Minimum width
100
50
feet
Minimum depth
150
100
feet
Collector/arterial
50, plus 1 feet
50, plus 1
setback (feet)
for every 2 feet
feet for every
over 50 feet
2 feet over
50 feet
Local/private
20
20
street setback
feet
Parcel boundary
25, plus 1 feet
25, plus 1
setback (feet)
for every 2 feet
feet for every
over 25
2 feet over
35
Minimum floor
1,000
1,000
area (square feet
Maximum height
10 stories
5 stories
Building coverage
50%
50%
max.
S. Landscaping
a. In general. This section supersedes
the requirements in chapter 138,
pertaining to vegetation, except for
section 138-72, pertaining to street tree
requirements; section 138-76,
pertaining to prohibited, nuisance
trees; section 138-77, pertaining to
standards for removal and replacement;
section 138-79, pertaining to
emergencies; section 138-81, pertaining
to violations and penalties;
section 138-101, pertaining to required
permits; section 138-102, pertaining to
exemptions; section 138-103,
pertaining to application and
62
ORDINANCE NO. 3618
submission requirements;
section 138-104, pertaining to site
plan; section 138-105, pertaining to
criteria for issuance; section 138-106,
pertaining to appeal and variance from
denial; section 138-107, pertaining to
duration; and section 138-82,
pertaining to lethal yellowing disease.
b. Minimum requirements. The
following are the minimum landscape
requirements for the various land uses,
including the minimum number of trees
and shrubs:
Minimum Landscaping Requirements
Canopy
Type
Sub -Canopy
Land Use
Plants
a Plants
Shrubs
Single-family lots
0.7 per
4,000
0.4 per 4,000
5 per
4,000
square feet
square feet
square feet
Single-family
0.7 per
4,000
0.4 per 4,000
5 per
4,000
corner lots
square feet,
with
square feet,
square
feet,
25% located within
with 25%
with
25%
the required
street
located within
located
within
side yard
the required
the
required
street side yard
street side
yard
Multifamily lots
0.5 per
4,000
0.2 per 4,000
2 per
4,000
square feet
square feet
square feet
Multifamily corner
0.5 per
4,000
0.2 per 4,000
2 per
4,000
lots
square feet,
with
square feet,
square
feet,
25% located within
with 25%
with
25%
the required
street
located within
located
within
side yard
the required
the
required
street side yard
street side
yard
Commercial/hotel
0.4 per
4,000
0.1 per 4,000
2 per
4,000
ALF
square feet
square feet
square feet
Commercial/hotel
0.4 per
4,000
0.1 per 4,000
2 per
4,000
/ALF corner lots
square feet,
with
square foot,
square
foot,
25% located within
with 25%
with
25%
the required
street
located within
located
within
side yard
the required
the
required
street side yard
street side yard
*See Pelican Preserve Special Development Area landscape palette at the end
of this section for plant specifications.
C. Lawns. Lawns shall be placed on all
areas not covered by principal and
63
ORDINANCE NO. 3618
accessory structures, walks and
drives, and landscaped areas.
Landscaped areas can include trees
and shrubs. Lawns shall extend to
any abutting street pavement edge and
to the mean water line of any abutting
canal, lake or waterway (not to exceed
30 feet from said water line to property
line) where the slope does not exceed
two to one. No lawn area shall be
constructed with more than ten
percent of the total area of gravel,
stone, concrete, asphalt, or other
similar material, except necessary
walks and drives.
d. Minimum perimeter landscaping and
buffer yards.
1) In general. A landscape buffer
yard shall be required along the
entire perimeter of the proposed
development whenever the
development use abuts a
different existing or permitted
use. (See Pelican Preserve
Special Development Area
landscape palette, Table C.)
These requirements are in
addition to the minimum
C:S1
ORDINANCE NO. 3618
landscaping requirements
identified
above.
2) Land
use abbreviations. Land
use abbreviations are as follows:
SFD
Single-family detached
SFA
Single-family attached
MF
Multifamily
COM
Commercial use
RVP
Recreation vehicle park
ROW
Any street right-of-way or
easement
3) Types of landscape buffer
yards. The types of landscape
buffer yards include the
following:
A
B
C
D
E
F
Minimum width
10'
20'
25'
30'
10'
10'
Trees required * **
3
5
5
3
3
Shrubs required
12
24
28
30
15
15
Berm required
(Type E buffer: berm and wall = 3'
or 3' wall)
(Type F buffer: berm and wall 6' or
6' wall
(*) Required number of trees and shrubs per
100 linear feet.
(**) See canopy type plant or sub -canopy type
plants for tree selection.
4) Required buffer yards at
abutting uses. The required
buffer yards at abutting uses
include the following:
65
ORDINANCE NO. 3618
* No buffer is required
5) Exceptions and modifications. In the
event a proposed development abuts an
existing development, which has
provided more than the minimum
required landscape buffer yard in
accordance with the above, the
proposed development shall only be
required to provide additional sufficient
width and landscaping to meet the
minimum required buffer yard width for
abutting uses. In some cases, no
additional buffer may be required.
6) Landscape buffer yards adjacent to
rights -of -way. All proposed
developments or neighborhoods shall
provide buffer yards as follows:
a) Adjacent arterial or collector
streets.
Type Buffer
1.
Residential
B
2.
Commercial(general or village)
A
3.
Recreational vehicle park
C
4.
Off-street parking areas adjacent to
nonresidential
E
5.
Off-street parking area adjacent to residential.
F
The requirements for residential may be changed to
type A landscape yard, if a perimeter wall or fence is
constructed.
b) Adjacent local streets. Individual
residential lots shall not be
**
ORDINANCE NO. 3618
required to provide a landscape
buffer yard.
7) Sight distance for landscaping
adjacent to street right-of-way
intersection.
a) When a street or driveway
intersects a public right-of-way,
or when the subject property
abuts the intersection of two or
more public rights -of -way, all
landscaping within the
triangular areas described below
shall provide unobstructed
cross -visibility at a level between
two feet and nine feet so as not
to create a traffic hazard, except
limbs and foliage shall be
trimmed in such a manner that
no limbs or foliage extend into
the cross -visibility area.
b) For the purposes of
subsection (7) of this section, the
term "triangular area" means
that area formed by the
intersection of two streets or
streets and a commercial
driveway with a 45 degree line
extended from the pavement
67
ORDINANCE NO. 3618
radius point of each intersecting
street or commercial driveway.
8) Required interior landscaping for
off-street parking.
a) Interior landscaped areas shall
equal or exceed a minimum of
eight percent of the total paved
surface area.
b) Each separated landscaped area
shall contain a minimum of
200 square feet and no
dimension shall be less than
three feet and shall include at
least one tree, with the
remaining area landscaped with
shrubs, ground cover or other
authorized landscaping material
not to exceed three feet in height.
c) Each landscaped area shall
contain at least one tree. One
tree shall be located for every
30 lineal feet of landscaped area
or portion thereof, or with at
least one tree per 200 square feet
of landscaped area
d) Landscaped islands shall be
used to subdivide parking areas
into parking bays of not over
40 spaces per bay. No more
ORDINANCE NO. 3618
than 20 spaces shall occur in an
uninterrupted right-of-way.
9) Street tree requirements.
a) Treeline Avenue and Pelican
Preserve Boulevard shall be
planted with live oaks at a
spacing of 50 feet apart, with a
minimum size at planting of
eight feet high, with a two-inch
caliper at six inches from the
base of the trunk. All other
planting specifications along
Treeline Avenue and Pelican
Preserve Boulevard shall comply
with section 138-72.
b) Listed below and on the following
pages is the recommended
Pelican Preserve Special
Development area landscape
plant palette with minimum
sizes. Plant species must be
indicated on the landscape plan
and submitted for review.
ORDINANCE NO. 3618
Table C: Pelican Preserve Special Development Area Landscape
Palette Chart —Specifications
Canopy Type Plants*
Botanical Name
Common Name
Acer rubrum
Red Maple
Pinus elliottii "densa"
Slash Pine
*Quercus vir iniana
Live Oak
*Quercus laurifolia
Laurel Oak
*Magnolia grandiflora
Southern Magnolia
Pelto horum pterocarpum
Yellow Poinciana
Jacaranda mimosifolia
Jacaranda
Girdonia lasianthus
Loblolly Bay
Juni erus silicicola
Southern Red Cedar
Li uidambar st raciflua
Sweetgum
Magnolia vir iniana
Sweet Bay
Platanus occidentalis
Sycamore
Ulmus American "floridana"
Florida Elm
Keolreuteria ele ans
Golden Raintree
*Sabal palmetto
Cabbage Palm
*S a rus romanzoffiana
Queen Palm
Washin tonia robusta
Washington Palm
* All plant material shall be Florida Fancy or Florida Grade No. 1 as
defined in the Grades and Standards for Nursery Plants, State Plant
Board of Florida.
* Minimum size at planting is 12 feet, with a two-inch caliper.
Sub -Canopy Type Plants*
Botanical Name
Common Name
Podocar us macro h llus
Japanese Yew
Nerium oleander
Oleander
M rica cerifera
Wax Myrtle
Callistemon spp.
Bottle Brush
Li ustrum spp.
Li ustrum
Psidium littorale
Cattley Guava
La erstroemia indica
Crape Myrtle
M rsine guianensis
M rsine
Ilex cornuta "burfordii"
Burford Holly
Ilex cassine
Dahoon Holly
llex o aca "East Palatka"
East Palatka Holly
Podocarpus gracilior
Weeping Podocar us
* All plant material shall be Florida Fancy or Florida Grade No. 1 as
defined in the Grades and Standards for Nursery Plants, State Plant
Board of Florida.
* Minimum required height installation is eight feet.
70
ORDINANCE NO. 3618
Shrubs*
Botanical Name
Common Name
Ligustrums
Li ustrum
Pittos orum tobira
Pittos orum
Philodendron selloum
Green Split Leaf Philodendron
Schefflera arboricola
Dwarf Schefflera
Ixora coccinea "Nora Grant"
Nora Grant Ixora
La erstroemia indica
Crape Myrtle
Podocar us macro h lla
Japanese Yew
Dracaena spp.
Dracaena
S z ium paniculata "com acta'
Eugenia
M rica cerifera
Wax Myrtle
rancantha coccinea
Fire Thorn
Nerium oleander "Petite Pink"
Dwarf Oleander
Ilex glabra
Gallberry
M rsine guianensis
M rsine
Tri sacum dact lodies
Fakahatchee Grass
Viburnum odoratissimum
Sweet Viburnum
Viburnum sus ensum
Sandankwa Viburnum
Eleagnus pungens
Silverthorn
Leuco h llum frutescens
Texas Sage
Murra a paniculata
Orange Jasmine
Ilex cornuta
Dwarf Burford Holly
Serenoa re ens
Saw Palmetto
* All plant material shall be Florida Fancy or Florida Grade No. 1 as
defined in the Grades and Standards for Nursery Plants, State Plant
Board of Florida.
• Minimum height is 18-24 inches; minimum spacing is
24-36 inches on center; and minimum size is three gallons.
Buffering Materials*
Recommended plant material for buffering undesirable views (i.e., air
conditioning units, pool equipment, trash, storage, etc.), must be dense
enough and in sufficient quantity at the time of planting to adequately
screen the view of equipment, trash, storage, etc. The required
minimum height of this plant material is four feet upon installation.
Botanical Name
Common Name
M rica cerifera
Wax Myrtle
Viburnum spp.
Viburnum
Podocar us macro h lla
_
Podocar us
Li ustrum spp.
_
Li ustrum
S z ium paniculata
Brush CherTy
*Plant materials not included on the above list shall receive
consideration on an individual basis. All plant material submitted for
consideration must meet required minimums for sizing and spacing. All
plant material shall be Florida Fancy or Florida Grade No. 1 as defined
in the Grades and Standards for Nursery Plants, State Plant Board of
Florida.
I. Administrative deviations.
1. The Pelican Preserve Special Development
Area as set forth in this division provides for
administrative deviation requests. All
requests for administrative deviations shall be
submitted to the Pelican Preserve Design
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ORDINANCE NO. 3618
Review Committee for their review and
evaluation prior to submission to the city.
The applicant must submit to the city a copy
of the Pelican Preserve Design Review
Committee's review, which shall explain what
was considered by the Pelican Preserve Design
Review Committee and their findings from this
division.
2. Deviations from the provisions of this division
may be administratively approved by the
planning manager, with the consent of the
public works department director.
3. Administrative deviations shall be granted
only when the planning manager and public
works department director find that the
following criteria have been met:
a. The alternative is no less consistent
with the health, safety and welfare of
the abutting landowners and the
general public than the standard from
which the deviation is being requested.
b. Special conditions may be attached to
the approval of the administrative
deviation to address unique aspects of
the parcel to protect a bona fide public
interest. The objective of administrative
deviation is to provide design flexibility
in community development.
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ORDINANCE NO. 3618
C. An application for administrative
deviation shall include documentation,
which demonstrates how the
administrative deviation will provide to
the benefit of, or at least not to the
detriment of, the public interest, and
how the deviation provides for good
planning and design flexibility.
d. The administrative deviation does not
increase density or intensity
(i.e., number of dwelling units or
quantity of commercial or industrial
floor area), or decrease buffers or open
space.
4. The planning manager, with the consent of the
public works department director, must issue
a written approval, denial, or approval with
conditions. The approval, approval with
conditions, or denial must clearly identify the
action requested by the applicant and the
basis of the final administrative action of the
city. If the planning manager, with input from
the public works department director, denies
the administrative deviation, this does not
preclude the applicant from submitting a
variance application in accordance with the
land development code or filing an appeal of
administrative action. All deviations, or
variance requests from other requirements of
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ORDINANCE NO. 3618
the land development code (other than this
division) must follow the procedures identified
in the land development code.
SECTION 2. The City Code of the City of Fort Myers,
Florida, Sub -Part B, Land Development Code, Chapter 118 Land Use
Regulations, Article 6. Special Development Areas, Section 118.6.3
Forum Special Development Area, C. Conceptual master plan, is hereby
amended to read as follows:
Sec. 118.6.3. Forum Special Development Area.
C. Conceptual master plan.
1. The conceptual master plan is for those lands
described as follows:
THE FORUM
IN SECTIONS 22, 26 AND 27,
TOWNSHIP 44 SOUTH, RANGE 25 EAST,
CITY OF FORT MYERS,
LEE COUNTY, FLORIDA
PARCEL A
All that part of Section 22, Township 44
South, Range 25 East, lying southwesterly of
Immokalee Road (SR 82) and easterly and
southerly of Interstate 75 (SR 93); and all that
part of the west half of the northwest quarter
of Section 26, Township 44 South, Range 25
East, lying northwesterly of Six Mile Cypress
as described in the deed recorded in the
Official Record Book 1608 at Page 24 and
northwesterly of Audubon Tract as described
in the Official Record Book 1119 at Page 1031,
of the county records; and all that part of
Section 27, Township 44 South, Range 25
East, lying easterly of Interstate 75 (SR 93),
northerly of Colonial Boulevard (SR 884) and
northerly and northwesterly of Six Mile
Cypress as described in the deed recorded in
the Official Record Book 1608 at Page 24, of
the county records, and containing
706.3 acres, more or less.
2. The development plan for those lands
submitted as the Forum Special Development
Area will generally follow the pattern of land
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ORDINANCE NO. 3618
uses as depicted on the conceptual master
plan for the Forum Special Development Area
as shown on Map H on file in the city clerk's
office. The specific location of uses may be
amended, switched, shifted or changed with
administrative approval by the planning
manager and public works director, as long as
the total number of dwelling units and/or
retail, office or industrial square footage
designated on Map H, on file in the city clerk's
office, the approved master concept plan
attached, is not increased and is consistent
with Resolution No. 2006-37, the development
order for the Forum Development of Regional
Impact (DRI). Parcel lines and land use
parameter acreage are shown for the general
purpose of depicting development areas and
use intensities; however, they can be changed
by the developer during the platting process.
SECTION 3. Severability. Should any section or provision
of this Ordinance or any portion thereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than that part declared to be invalid.
SECTION 4. Effective Date. This ordinance shall become
effective immediately upon adoption.
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ORDINANCE NO. 3618
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 5th day of March, A.D., 2012.
Aye
Tewsa Watkin
2012.
Aye
Aye
Aye
Aye
Aye
Thomas C. Leonardo
Council Members
APPROVED this 5th day of March, A.D., 2012, at 6 : 07 o'clock
Aye P. ,
Randall P. Henderson, Jr
Mayor
FILED in the Office of the City Clerk this 5th day of March, A.D.,
76
&duzf. adawt�a
Marie Adams, MMC
City Clerk