ORDINANCE NO AN ORDINANCE To Be Entitled:

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1 3808 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, REZONING FROM COMMERCIAL GENERAL TO PLANNED UNIT DEVELOPMENT AND APPROVING THE DEVELOPMENT PLAN FOR THE COLONIAL HAMMOCK PLANNED UNIT DEVELOPMENT, 4151 VERONICA S. SHOEMAKER BOULEVARD AND STRAP NO P , LOCATED NORTH OF COLONIAL BOULEVARD, SOUTH OF WINKLER AVENUE EXTENSION, AND EAST OF VERONICA S. SHOEMAKER BOULEVARD IN SECTION 32, TOWNSHIP 44 SOUTH, RANGE 25 EAST, FORT MYERS, LEE COUNTY, FLORIDA; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION 1. Monty Titling Trust 1, owner, requested a rezoning from Commercial General (CG) to Planned Unit Development (PUD) on properties located at 4151 Veronica S. Shoemaker and STRAP No P , as shown on Exhibit A attached, and the Development Plan to either construct 275 single-family attached and detached units, 80,000 square feet of medical uses, 50,000 square feet of office, and 55,000 square feet of retail uses or comply with the requirements of the Commercial General (CG) zoning district and hereinafter described. SECTION 2. The parcel of land located in Section 32, Township 44 South, Range 25 East for which Planned Unit Development is granted, is described below: A tract or parcel of land lying in Section 32, Township 44 South, Range 25 East, City of Fort Myers, Lee County, Florida, said tract or parcel of land being Parcel 1 of those lands described in deed recorded in Instrument Number of the Public Records of Lee County, Florida and being more particularly described as follows: Commencing at the Southwest Corner of said Section 32 run N01 02'47"W along the West line of the Southwest Quarter (SW 1/4) of said Section 32 for feet to an intersection with Public Hearing: June 19,

2 the Northerly right of way line of Colonial Boulevard (State Road No. 884) (F.D.O.T. right of way Section No ), (250 wide right of way) and the POINT OF BEGINNING. From said Point of Beginning continue N01 02'47"W along said West line for 1, feet to a point on a non-tangent curve and an intersection with the Easterly right of way line of Veronica S. Shoemaker Boulevard, (150 wide right of way), as described in an Order of Taking recorded in Official Records Book 4048, at Page 2052, Lee County Records; thence run along said Easterly right of way line the following three (3) courses: Northerly along an arc of a curve to the left of radius 1, feet (delta 19 45'00") (chord bearing N08 49'43"E) (chord feet) for feet to a point of tangency; N01 02'47"W for feet to a point of curvature and Northeasterly along an arc of a curve to the right of radius feet (delta 89 39'48") (chord bearing N43 47'07"E) (chord feet) for feet to a point of tangency and an intersection with the Southerly right of way line of Winkler Avenue Extension, (140 wide right of way), as described in an deed recorded in Official Records Book 2008, at Page 1010, Lee County Records; thence run along said Southerly right of way line the following two (2) courses: N88 37'00"E for feet to a point of curvature and Easterly along an arc of a curve to the left of radius 2, feet (delta 19 00'34") (chord bearing N79 06'43"E) (chord feet) for feet to an intersection with the East line of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of said Section 32; thence run S01 01'22"E along said East line for feet to the Northeast corner of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section 32; thence run S01 00'55"E along the East line of said Fraction for 1, feet to the Northeast corner of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of said Section 32; thence run S88 41'03"W along the North line of said Fraction for feet to an intersection with the West line of the East 300 feet of said Fraction; thence run S01 00'55"E along said West line for feet to an intersection with said Northerly right of way line of Colonial Boulevard; thence run along said Northerly right of way line the following two (2) courses: Westerly along an arc of a curve to the right of radius 2, feet (delta 17 10'23") (chord bearing S80 01'48"W) (chord feet) for feet to a point of tangency and S88 37'00"W for feet to the POINT OF BEGINNING. Containing acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East or West Zone (1983/NSRS 2007) and are based on the West line of the Southwest Quarter (SW 1/4) of said Section 32 to bear N01 02'47"W. SECTION 3. The purpose and intent of the Colonial Hammock Planned Unit Development Development Plan A proposed the construction of 275 single-family attached and detached units, 80,000 square feet of Public Hearing: June 19,

3 medical uses, 50,000 square feet of office, and 55,000 square feet of retail uses. Development Plan B requires all development to conform with the requirements of the Commercial General (CG) zoning district. SECTION 4. Schedule of Uses. The Colonial Hammock Planned Unit Development is approved for the uses listed in in Exhibit B attached hereto and incorporated herein. SECTION 5. The warrants and deviations from the Land Development Code for The Colonial Hammock Planned Unit Development are as follows: (1) Land Development Code Requirement: Section A. Parking facility dimensions and accessibility. Provide nine (9) foot wide by eighteen (18) foot long parking stalls (2) Land Development Code Requirement: Section A.2. Special setback. The minimum setback for buildings and structures shall be 80 feet. Allow a minimum setback of 60 feet from Winkler Road right-of-way for building and structures. (3) Land Development Code Requirement: Section (f) Buffer yard requirements of a Type D buffer between commercial uses Allow no buffer yard between internal commercial uses. (4) Land Development Code Requirement: Section Sidewalks/sidewalk ramps. Provide sidewalks on only one (1) side of private, gated residential roads. Public Hearing: June 19,

4 (5) Land Development Code Requirement: Section C.1 Pavement width Provide a 45 foot wide right-of-way for local streets (6) Land Development Code Requirement: Section B.2. Building envelope standards Allow a 15 foot front yard setback for side loaded garages and non-garage principal structures on single-family attached and detached homes. (7) Land Development Code Requirement: Section B.2. Building envelope standards Allow a five (5) foot side yard setback for single-family detached homes. (8) Land Development Code Requirement: Section B.2. Building envelope standards Allow a minimum lot width of 42 feet for single-family detached homes. (9) Land Development Code Requirement: Section B.2. Building envelope standards Allow 65% lot coverage for single-family detached homes. (10) Land Development Code Requirement: Section B.2. Building envelope standards Allow a five (5) foot side yard setback and zero (0) foot internal side yard setback for single-family detached homes. (11) Land Development Code Requirement: Section B.2. Building envelope standards Public Hearing: June 19,

5 Allow 80% lot coverage for single-family attached homes. 12) Land Development Code Requirement: Section Street Tree Requirements Allow alternate species along Colonial Boulevard, Veronica S. Shoemaker Boulevard, and Winkler Avenue with staff approval during the site work plan review process. (13) Land Development Code Requirement: Section (2) Open space minimum area and widths Allow open space to be calculated for the entire combined PUD, with a minimum of 10% open space provided on the commercial lots. SECTION 6. The terms and conditions for the Colonial Hammock Planned Unit Development are as follows: a. The Planned Unit Development is for the mixed use development known as the Colonial Hammock Option A will have a maximum of 275 single-family attached and detached units, 80,000 square feet of medical uses, 50,000 square feet of office, and 55,000 square feet of retail uses along Colonial Boulevard. All of the office and retail uses will comply with the Commercial General (CG) regulations. Colonial Hammock Option B shall comply with all Land Development Code requirements for the Commercial General (CG) zoning district. b. Approve the deviations as contained in this ordinance. Additionally, the applicant shall comply with all other requirements of the Land Development Code. Public Hearing: June 19,

6 c. The developer shall have three (3) drainage scheme options, to be determined by the City Engineer and CIyt s Stormwater Engineer as follows: 1. Provide a closed drainage system. 2. Install gutter systems on each single-family dwelling. 3. Provide a surveyor measured and engineer certified drainage plan. d. Revise the Master Concept Plan prepared by Barraco and Associates, Inc. with a revision date of 4/10/17 as follows: 1. Remove deviations six (6) and eleven (11), referencing a reduced 20 foot setback for front facing garages. 2. Correct Property Development Regulations Table to reflect a 25 foot setback for front facing garages. e. Platting of the frontage road and access to Colonial Boulevard shall be required. f. The access points from the commercial parcels to the throat connection located between Colonial Boulevard and the reverse frontage road shall be limited to right-in/right-out. g. The timeframes for construction are as follows: commence construction by June 30, 2022, and complete all construction by June 30, If for any reason, the Developer is not able to meet the timeframes set forth above, the Developer must, no later than ninety (90) days prior to 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. h. The terms, conditions, warrants, and deviation for the Colonial Hammock Planned Unit Development, reflected on Public Hearing: June 19,

7 the Master Concept Plan prepared by Barraco and Associates, Inc. with a revision date of, and on file in the City Clerk s Office, and all other Exhibits set forth in this ordinance shall be binding on the Developer, its successors or assigns. SECTION 7. Failure to comply with the terms and conditions of Colonial Hammock Planned Unit Development will result in the cancellation of the development approval and the Planned Unit Development approval shall be come void. The applicant shall be notified in writing of the date of the public meeting to be held by City Council and be given an opportunity to respond at the public meeting. SECTION 8. All development approvals shall be binding upon the owners, developers, successors, and assigns. SECTION 9. A notice of public hearing was published in a newspaper of general circulation in accordance with the law. SECTION 10. 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 11. This ordinance shall become effective immediately upon adoption. Public Hearing: June 19,

8 EXHIBIT A LOCATION MAP Public Hearing: June 19,

9 EXHIBIT B MASTER CONCEPT PLAN Public Hearing: June 19,

10 Public Hearing: June 19,

11 Public Hearing: June 19,

12 Public Hearing: June 19,