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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, 2 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 3 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 0 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 5 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 L 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). 7 ORDINANCE NO. 3659 (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. LV 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. W 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 10 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. 11 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 12 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. 13 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 1