CITY OF PUNTA GORDA ORDINANCE NO. AN ORDINANCE OF THE CITY OF PUNTA GORDA, FLORIDA, REZONING PROPERTIES GENERALLY DESCRIBED AS 901, 1001, AND 1101 AQUI ESTA DRIVE, PUNTA GORDA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, CONTAINING 105.55+/- ACRES, FROM ITS CURRENT ZONING CLASSIFICATION OF GENERAL SINGLE FAMILY 5 UNITS PER ACRE (GS-5) TO PLANNED DEVELOPMENT VILLAGE (PDV); PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Aqui Esta Drive Punta Gorda US, Inc., sole owners of the real property generally described as 901, 1001, and 1101 Aqui Esta Drive, Punta Gorda, Charlotte County, Florida, and more particularly described in Exhibit A attached hereto and incorporated herein, have filed with the City of Punta Gorda a petition requesting to amend the zoning of said property from its current City zoning classification of General Single Family 5 Units Per Acre (GS-5) to Planned Development Village (PDV); and WHEREAS, the requested Planned Development is consistent with the proposed City of Punta Gorda zoning classification; and WHEREAS, the use and proposed Planned Development for the property to be rezoned is compatible with the adjoining uses; and WHEREAS, pursuant to the provisions of Section 163.3194(1), Florida Statutes, the Planning Commission, serving as the Local Planning Agency for the City of Punta Gorda, Florida, has reviewed the amendment proposed herein, and has found said amendment to be consistent with the adopted Comprehensive Plan of the City of Punta Gorda; NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PUNTA GORDA, FLORIDA: I. The parcels of land generally described as 901, 1001, and 1101 Aqui Esta Drive, Punta Gorda, Charlotte County, Florida, identified as Charlotte County Property Appraiser Parcel ID Numbers as 412213426002, 412213451001 and 412213476001, and more particularly described in Exhibit A attached hereto and incorporated herein, are hereby rezoned from General Single Family 5 Units Per Acre (GS-5), as reflected on Exhibit B attached hereto and incorporated herein, to Planned Development Village (PVD), as reflected on Exhibit C, attached hereto and incorporated herein. II. The Official Zoning Map of the City of Punta Gorda, Florida shall be revised to reflect the changes approved by this Ordinance. Page 1 of 7
III. In addition to those uses and development standards for the Planned Development Village (PDV), the permitted principal uses and structures and development standards, attached hereto and incorporated herein as Exhibit D, shall also permitted. IV. It is the declared intent of the City Council that if any section, subsection, sentence, clause, phrase or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. V. Any ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. VI. This Ordinance shall become effective immediately. ADOPTED in regular session of the City Council of the City of Punta Gorda, Florida, this day of, 2016. ATTEST: KAREN SMITH, City Clerk RACHEL KEESLING, Mayor APPROVED AS TO FORM: DAVID M. LEVIN, City Attorney Page 2 of 7
EXHIBIT A (O.R. 2677, PG. 769) THE NE ¼ OF THE SE ¼ OF SECTION 13, TOWNSHIP 41 SOUTH, RANGE 22 EAST, OF CHARLOTTE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 726.96 FEET OF THE WEST 250.0 FEET OF THE NE ¼ OF THE SE ¼ AND LESS THE NORTH 30.0 FEET THEREOF FOR PUBLIC ROAD PURPOSES AS DESCRIBED IN OFFICIAL RECORDS BOOK 21 AT PAGE 205. AND THE WEST ½ OF THE SW ¼ OF THE SE ¼ AND THE SE ¼ OF THE SW ¼ OF THE SE ¼ AND THE SE ¼ OF THE SE ¼ OF SECTION 13, TOWNSHIP 41 SOUTH, RANGE 22 EAST, CHARLOTTE COUNTY, FLORIDA ; LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 13, TOWNSHIP 41 SOUTH, RANGE 22 EAST; THENCE RUN ALONG THE EAST LINE OF SAID SECTION 13, NORTH 00 32'23 WEST, A DISTANCE OF 30.00 FEET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF RIO VILLA DRIVE; THENCE RUN SOUTH 89 53'29" WEST AND 30.00 FEET NORTH OF THE SOUTH LINE OF SECTION 13, A DISTANCE OF 80.13 FEET, SAID POINT HEREAFTER REFERRED TO AS THE POINT OF BEGINNING OF THE LAND HEREAFTER DESCRIBED, THENCE CONTINUE TO RUN SOUTH 89 53'29" WEST, A DISTANCE OF 600.00 FEET TO A POINT; THENCE RUN NORTH 00 '02'19" WEST, A DISTANCE OF 160.00 FEET TO A POINT; THENCE RUN NORTH 51 15'32" EAST, A DISTANCE OF 768.83 FEET TO ITS INTERSECTION WITH THE WEST LINE OF A SURVEY PREPARED BY SPECTRA ENGINEERING & SURVEYING, INC., DATED MARCH 15, 1986, JOB NUMBER 86_2035; THENCE RUN ALONG SAID WEST LINE SOUTH 00 02'19" EAST, A DISTANCE OF 640.00 FEET TO THE POINT OF BEGINNING. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18, TOWNSHIP 41 SOUTH, RANGE 23 EAST, THENCE RUN ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 18, SOUTH 00 10'57" EAST, A DISTANCE OF 30.00 FEET THE SOUTH RIGHT-OF-WAY LINE OF AQUI ESTA DRIVE, SAID POINT HEREAFTER REFERRED TO AS THE POINT OF BEGINNING OF THE LAND HEREAFTER DESCRIBED; THENCE RUN ALONG SAID RIGHT-OF WAY LINE, NORTH 89 I5'15" EAST, A DISTANCE OF 0.25 FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89 25'20" EAST, A DISTANCE 907.25 FEET TO A POINT ON THE WEST BOUNDARY OF LOT 51 OF WATERWAY COLONY AS RECORDED IN PLAT BOOK 7 AT PAGE 52B OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA; THENCE RUN ALONG THE WEST BOUNDARY LINE OF SAID LOT 51 AND THE WEST BOUNDARY OF SAID WATERWAY COLONY SUBDIVISION, SOUTH 29 57'40" WEST, A DISTANCE OF 162.48 FEET; THENCE CONTINUE ALONG SAID WEST BOUNDARY, SOUTH 00 02'19" EAST, A DISTANCE OF 2,318.04 FEET; THENCE CONTINUE SOUTH 30 04'22" EAST, A DISTANCE OF 160.03 FEET, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF RIO VILLA DRIVE, A 60 FOOT RIGHT- OF-WAY; THENCE RUN ALONG SAID RIGHT-OF-WAY LINE, SOUTH 89 04'46' WEST, A DISTANCE OF 900.08 FEET TO ITS INTERSECTION WITH THE WEST BOUNDARY OF SAID SECTION 18; THENCE RUN SOUTH 89 53'28" WEST, A DISTANCE OF 80.13 FEET; THENCE NORTH 00 02'19' WEST, A DISTANCE OF 2,602.59 FEET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF AQUI ESTA DRIVE; THENCE RUN ALONG SAID RIGHT-OF- WAY LINE, NORTH 89 15'15" EAST, A DISTANCE OF 73.78 FEET TO THE POINT OF BEGINNING. AND THE NORTHEAST QUARTER (NE ¼ ) OF THE SOUTHWEST QUARTER (SW ¼ ) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 13, TOWNSHIP 41 SOUTH, RANGE 22 EAST, OF CHARLOTTE COUNTY, FLORIDA. Page 3 of 7
EXHIBIT B Page 4 of 7
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EXHIBIT C PDV, Planned Development Village District Planned Development Village [PDV] Districts are intended to promote the development of self-sufficient communities which are organized around a mixed-use center of commercial, employment, community facility and high density residential uses. The intent of the PDV District is to encourage efficient land use patterns which conserve energy and natural resources and provide a variety of living and working environments integrated with adequate open space and recreational facilities. (a) Permitted Uses. The following uses are permitted in a PDV District: (1) Single-family, two-family and multi-family. (2) Civic uses. (3) Neighborhood commercial/shopfront. (4) Mixed Use Center, see (b) below. (5) Office. (6) Cemetery. (7) Fire and/or rescue facility. (8) Group homes. (9) Library. (10) Museum. (11) Nursing home. (12) Park, public. (13) Place of worship. (14) Recreation facility. (15) School, general education. (16) School, public. (17) Essential Services 1, 2 and 3. (18) Any other uses designated in the PD application with City Council approval. (b) Mixed Use Centers required. In PDV Districts, a mixed used center is required. (1) A minimum of five percent of the gross area of a PDV shall be designated for shopfront or workplace buildings. The City Council may eliminate the requirement for lands used for shopfronts and/or workplaces subject to a finding that the proposed alternative arrangement more fully integrates the project into an existing neighborhood. (2) Mixed use centers are a cluster of residential, commercial, employment and community facility uses designed to serve as the focus of a residential village. (3) Uses shall be supportive of and compatible with surrounding residential development. (4) Non-residential uses shall be confined to the first two floors when located in the same building as residential uses. (5) Residential uses shall be provided with separate entrances. (6) The negative effects of employment facilities, such as noise, dust and fumes, shall be completely contained within individual buildings. Page 6 of 7
(7) The transportation system shall not create conflicts between local and regional uses or generate through traffic in residential areas. (c) Open Space. (1) Open space shall be provided and maintained as required by this Article. (2) Community recreational sites shall be provided at a rate of 0.25 acres for each 100 dwelling units. (3) A minimum of 0.25 acres for each 100 dwelling units shall be dedicated for open space. City Council may eliminate or reduce this requirement subject to a finding that the proposed development plan offers additional development benefits to the public. (4) Recreation areas and facilities, such as playgrounds, tennis courts, basketball courts, swimming pools and community buildings should be provided to meet the anticipated needs of residents of the planned development. (5) All common open space, including public recreational facilities, shall be included in the development schedule and be constructed and fully improved by the developer at a rate equivalent to or greater than the construction of residential units. Page 7 of 7