HomeMy WebLinkAboutOrdinance - City Council - Regular - 3659 - 4/1/2013ORDINANCE NO. 3659
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
LOCATED 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 NO. 3585; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS: Southwest Florida Everglades, LLC, owner, requested
in 2006 and received approval for a planned unit development zoning
designation for a development plan known as Colonial 70 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;
m
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
Colonial 70 Planned Unit Development in accordance with Senate
ORDINANCE NO. 3659
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: City Council approved Ordinance No. 3585 on May 2,
2011, amending and restating Ordinance Nos. 3346 and 3550, for the
Colonial70 Planned Unit Development in accordance with Senate
Bill 1752 and Resolution No. 2010-23 for an additional two (2) year
extension of the commencement and completion dates. The
commencement date was extended from 2011 to 2013; the completion
date was extended from 2013 to 2015; and Ordinance Nos. 3346 and
3550 were rescinded; and
WHEREAS: Southwest Florida Everglades, LLC, owner, requested
in 2012 amendments to Colonial 70 Planned Unit Development (PUD) to
add assisted living facilities and single family units within the PUD as
permitted uses; the owner requested timeframe extensions for an
additional ten (10) years from the extensions granted in Ordinance
No. 3585, extending the commencement date from 2013 to 2023 and the
completion date from 2015 to 2025; and the owner requested relief from
certain planned unit development impact fees.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL
OF THE CITY OF FORT MYERS, FLORIDA, that:
SECTION 1. Southwest Florida Everglades, LLC, owner,
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ORDINANCE NO. 3659
requested amendments in 2012 to the Colonial70 Planned Unit
Development (PUD) to allow assisted living facilities and single family
units to be added to the PUD as permitted uses; to extend the
timeframes for commencement and completion by ten (10) years; and
restating Ordinance No. 3585 to preserve all development parameters
within one ordinance so Ordinance No. 3585 can be rescinded.
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 No. 3585; and
made a recommendation of approval to the City Council after conducting
a public hearing on December 5, 2012, 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' 17"W parallel with and 100 feet west of (as
measured on a perpendicular) the east line of said fraction
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ORDINANCE NO. 3659
for 2,485.02 feet; thence S88033'05"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
N88033'05"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. Purpose and Intent. The purpose and intent
of Colonial 70 Planned Unit Development (PUD) is to develop on
52.73 acres, more or less, 421 single family residential uses without
exceeding the density of 8.0 units per acre; or to develop
760 multi -family residential units without exceeding the density of
14 units per acre; or to develop a mix of the two types of units and
associated amenities; and to allow assisted living facilities in addition to
single- and multi -family homes; to preserve 16.57 acres, more or less, for
nesting Bald Eagles; on property identified as STRAP
No. 05-45-25-P2-00063.0000 and STRAP No. 05-45-25-P2-00061.0000,
on land totaling 69.3 acres, more or less.
SECTION 5. Schedule of Uses. The schedule of uses shall
be part of the development plan prepared by Barraco and
Associates, Inc., dated November 27, 2012, as follows:
1) Residential Dwelling Units: All Single-family and
Multi -family types.
2) Accessory Structures: entrance gates and gate
houses; lanais; and non -roofed accessory structures
such as decks and patios.
3) General Uses: Essential Services, Excavation and
Water Retention, Signs and Monuments, Temporary
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ORDINANCE NO. 3659
Uses such as yard sales and outdoor activities,
Temporary Construction Trailer, Temporary Sales
Center.
4) Home Occupation.
5) Models: Model Units, Model Display Center and
Model Parking.
6) Recreational Facilities, for exclusive use of project
residents:
• Grill areas
• Picnic Area
• Play area
• Pool
• Restrooms
• Service/Maintenance areas ancillary to
approved permissible uses
• Tot lots
• Any other use considered to be an accessory
use and structure
• Clubhouse
• Accessory structures such as entrance gates
and gate houses; gazebos; fences; walls;
pavilions; and non -roofed construction
7) Group Living
• Assisted living facility
• Hospice
• Nursing home
• Accessory Uses:
o Associated offices
o Food preparation areas
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ORDINANCE NO. 3659
o Communal dining areas
o Communal sitting areas
o Communal indoor recreational areas
SECTION 6. Deviations. The approved deviations from the
Land Development Code for Colonial 70 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 inclusive of parking and
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ORDINANCE NO. 3659
buildings along the eastern property
line shall not exceed four (4) stories.
(c) Land Development Code, Chapter 118, Land Use
Regulations, Article III. 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 for model homes to be
provided at the main amenity facility.
SECTION 7. Terms and Conditions. The terms and
conditions for the Planned Unit Development are amended, as follows:
(a) The PUD approval for the parcels identified as
05-45-25-P2-00063.0000 and 05-45-25-P2-00061.0000
allows for the development of 421 single family residential
units or 760 multi -family residential units with associated
amenities; and an assisted living facility or complex; on
52.73 acres of a 69.3 acre site, more or less, preserving
16.57 acres, more or less.
(b) The PUD approval allows the development of 421 single
family residential units and at a maximum of eight units
per acre (8 du/ac) for the developable portion of the land
(52.73 acres, more or less).
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(c) The PUD approval allows for the development of
760 multi -family residential units and at a maximum of
fourteen units per acre (14 du/ac) for the developable
portion of the land (52.73 acres, more or less), as approved
under the Future Land Use Map predating the Future Land
Use Map adopted on October 26, 2010.
(d) In addition to single-family and multi -family residential
units, an assisted living facility and/or complex may be
developed within the PUD property with no additional units
to be approved, and, with no increase in density on the
property. The number of assisted living facility units shall
be no greater than one third of the total multi -family units
allowed under this PUD. For the purposes of determining
number of units, the formula for converting beds to
dwelling units in the Land Development Code,
Section 118.3.3.A.5, Group Living Standards, as amended,
shall be used. In addition, the service areas for an assisted
living facility shall be located internal to the site to reduce
the impacts of noise and delivery truck trips on the
preserve and the surrounding residential uses; under no
circumstances shall the services uses be located within
100 feet of the property line.
(e) For multi -family residential uses, the 760 multi -family
units shall be decreased by the number of units and beds
in the assisted living facility, using the formula for
converting beds to dwelling units in the Land Development
Code, Section 118.3.3.A.5, Group Living Standards, as
amended, and the maximum number of multi -family units
for the PUD remains capped at 760 units.
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ORDINANCE NO. 3659
(fl The two parcels that are the Colonial 70 PUD have an
existing use in 2012 of agriculture, which is considered at
the time of adoption of this ordinance a legal,
nonconforming existing use for the two parcels. The
owners may continue the existing agricultural use until
such time as site work permits are issued by the City for
any development activity on the property including
grubbing, clearing, tree removal, construction and the like.
(g) Best Management Practices shall be used for the removal of
exotic species and the seeding and caretaking of the
agricultural land. No caretaking of the agricultural land or
disturbance of any kind shall be allowed during the Bald
Eagle nesting season, in accordance with the Bald Eagle
Management Plan, which shall remain on file with the City.
(h) Support the Schedule of Uses listed in the ordinance and
reflected on the development plan prepared by Barraco and
Associates, Inc. dated November 27, 2012.
(i) Support four (4) deviations from the requirements of the
Land Development Code identified in Section 6 of this
ordinance and reflected on the development plan prepared
by Barraco and Associates, Inc. dated November 27, 2012.
0) A revised Traffic Impact Statement (TIS) will be required for
the traffic generated by all uses in the PUD if there is any
addition of any type of assisted living facility to the
development plan for the PUD. The TIS will be due at the
time of application for permits. In addition, a revised TIS
will be required at each phase of development, if phasing is
used.
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ORDINANCE NO. 3659
(k) 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
development. The calculation shall be at a rate of
2.47 people per unit, with a cost of $57,000.00 per officer.
Payment shall be made prior to the issuance of the first
building permit for vertical construction. The total amount
due will be based upon the impacts anticipated by the
number of permitted units not including any units in an
assisted living facility and/or complex. 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.
(1) The developer agrees to contribute $75,000.00 to the City
Public Art Fund prior to the issuance of the first building
permit or contribute artwork valued at $75,000.00 to be
located on a designated publicly accessible area on the
development site, or some combination of both options that
totals $75,000.00 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. If the developer submits an approved
phasing plan to the City prior to the issuance of the first
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ORDINANCE NO. 3659
building permit for vertical construction, payment will be
due in accordance with the approved phasing plan.
(m) Florida Department of Transportation (FDOT) permits will
be required for all work within the Colonial Boulevard
right-of-way.
(n) 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.
(o) All preservation areas shown on the development plan
prepared by Barraco and Associates, Inc., dated
November 27, 2012, shall be protected with a perpetual
conservation easement conveyed to a public agency with
maps. All monitoring shall be paid 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.
(p) 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.
(q) 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.
(r) In addition to the buffering shown on the landscaping plans
prepared by Barraco and Associates, Inc. dated June 15,
2006, the plans shall be revised to include Type D buffer
plantings; and the buffer along the southern property line
shall include six (6) trees per linear 100 feet. Completed.
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ORDINANCE NO. 3659
(s) The applicant shall be subject to all other applicable
requirements of Land Development Code for site
development in effect at the time of development.
(t) The Planned Unit Development for Colonial70 shall be
effective upon approval and vertical construction shall
commence by September 5, 2023, and be completed by
September 5, 2025. 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 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.
(u) The terms, conditions and deviations for this Planned Unit
Development, reflected on the development plan prepared
by Barraco and Associates, Inc., dated November 27, 2012,
and the landscape plan prepared by Barraco and
Associates, Inc., dated June 15, 2006, both on file in the
City Clerk's Office, shall be binding on the developer, their
successors or assigns.
SECTION 8. Ordinance No. 3585 is hereby rescinded upon
adoption of this ordinance.
SECTION 9. All terms, conditions and deviations of this
ordinance shall be binding on the applicant, its successors or assigns.
SECTION 10. 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
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ORDINANCE NO. 3659
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 11. 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.
SECTION 12. A notice of public hearing was published in a
newspaper of general circulation in accordance with the law.
SECTION 13. 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 14. Effective date. This ordinance shall become
effective immediately upon adoption.
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ORDINANCE NO. 3659
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 1st day of April, A.D., 2013.
2013.
Aye
Aye
Aye
Aye
Aye
Forrest Banks
Aye Jgu, -
Thomas C. Leo
Council Members
APPROVED this 1st day of April, A.D., 2013, at 5 : 33 o'clock p.m.
Aye P-4.141 r`- . /
Randall P. Henderson,
Mayor
FILED in the Office of the City Clerk this 1st day of April, A.D.,
14
Marie Adams, MMC
City Clerk
ORDINANCE NO. 3659
Exhibit A
Zoning Map
0 750 1500
Legend Feet
Colonial 70 PUD N Map for reference only and is not a Survey. The City of
w�L'' Dort Myers makes no claims or guarantees about the
City Boundary this or currency of the info s libiion or e,—ed on
this map, and
expmssly disclaims Ilabiliry for errrora and
S omissions.
Souroo: City of Fort My— - CIS
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