ADMINISTRATIVE AMENDMENT (PD) ADD201 5-00050 ADMINISTRATIVE AMENDMENT LEE COUNTY,FLORIDA WHEREAS,Omega Communities,LLC filed an application for an administrative amendment to Daniels Crossing for a project known as Omega Communities Six Mile Cypress Senior Housing Facility to allow the development of an Assisted Living Facility on property described more particularly as: LEGAL DESCRIPTION: In Section 1 9,Township 45 South,Range 25 East,Lee County,Florida: ATTACHED AS EXHIBIT A WHEREAS,the property is zoned Commercial Planned Development,CPD; and WHEREAS,the property was originally rezoned by adoption of Resolution Number ZAB-86-1 00 (with subsequent amendments in Resolution Numbers Z-88-354,Z-89-63,Z-90-44, Z-00-59,and Administrative Approvals ADD201 1-00044 and ADD201 1-00059); and codified by Resolution Number Z-1 4-001 ); and WHEREAS,the subject property is designated as Intensive Development on the Future Land Use Map of the Lee County Comprehensive Plan; and WHEREAS,the Lee County Land Development Code provides for certain administrative changes to planned development master concept plans and planned unit development final development plans; and WHEREAS,the applicant desires to develop an Assisted Living Facility on a portion of Area B as depicted on the adopted Master Concept Plan found as Exhibit C-2 of Resolution Z-1 4-001,and legally described in this action; and WHEREAS,the remaining portion of Area B will continue to be developed for commercial use; and WHEREAS,the subject application and plans have been reviewed by the Lee County Department of Community Development in accordance with applicable regulations for compliance with all terms of the administrative approval procedures; and WHEREAS,it is found that the proposed amendment,as conditioned,does not increase density or intensity within the development; does not decrease buffers or open space required by the LDC; does not underutilize public resources or infrastructure; does not reduce total open space,buffering,landscaping or preservation areas; and does not otherwise adversely impact on surrounding land uses. CASE NO. ADD 201 5-00050 Page 1 of 3
NOW,THEREFORE,IT IS HEREBY DETERMINED that the application for administrative approval for an amendment to Commercial Planned Development is APPROVED, subject to the following conditions: 1. The terms and conditions of Resolution Z-14-001 (Exhibit B) will remain full force and effect, except as specifically amended herein. 2. Condition 2 (Resolution Z-14-001) is amended as follows: Master Concept Plan. Development of this project must be consistent with the 2-page Master Concept Plan (MCP), Page 1 entitled "Daniels Crossing Shopping Center, Phase II," prepared by Pokorny & Kareh, Inc., dated September 1, 1999, last revised 05/02/2000, date-stamped "Received Oct 25 2013 Community Development" attached as Exhibit C-1 C.1., and Page 2 entitled "Daniels Crossing" prepared by Gary F. Muller, AICP, dated 10/13, also date-stamped,"received Oct 25 2013 Community Development" and attached as Exhibit C-2,'except as modified by the conditions below. Page 2 entitled Six Mile Cypress Senior Housing Facility Master Concept Plan prepared by TDM Consulting, Inc., dated 06-01-2013 attached as Exhibit C.2. Development Alternative One: The project development parameters in Areas A & B collectively may not exceed 300,000 square feet of commercial floor areaas per the MCP, Exhibit C-1 C.1., attached hereto. If an Assisted Living Facility is developed in AreaB, development in AreaB is limited to amaximum of 157,000 square feet of commercial floor areaand 140 Assisted Living units in conformance with LDC Section 34-1494(b)(2), and Condition 18, as amended. Development Alternative Two: AreaB may be developed with residential uses consistent with the alternative one-page MCP, Exhibit C-2, attached hereto, as modified by the conditions below. The project development parameters may not exceed 250,000 square feet of commercial floor areain Area"A and 124 dwelling units in Area"B" under this development alternative. 3. Condition 7 of Resolution Z-14-001, is amended. Schedule of Uses Alternative Two is hereby deleted. 4. Condition 18 (Resolution Z-14-001) is amended as follows: Commercial Intensity. The total overall commercial intensity is limited to 300,000 square feet, unless the developer pursues Development Alternative Two in AreaB. In that event, commercial development in AreaA is limited to 250,000 square feet and residential development in AreaB is limited to 124 dwelling units. In addition to the above limitations, the following modifications may be granted administratively within AreaA: CASE NO. ADD 201 5-00050 Page 2 of 3
a. The developer may convert remaining retail square footage to office square footage at arate of one square foot of retail use for each four square feet of office use (1:4). b. The developer can convert remaining retail square footage to Assisted Living Facilities (ALF) at arate of 1,000 square feet of retail floor areafor each 29 ALF units. This may not exceed amaximum of 624 units and is limited to ALF units that do not contain cooking facilities. c. The developer may convert remaining retail square footage to Hotel/Motel units at arate of 1,000 square feet of retail floor areafor each 12 hotel motel units. This may not exceed amaximum of 250 Hotel/Motel units. d. The developer may convert remaining retail square footage to warehouse use at aratio of one foot of retail use for each eleven feet of warehouse use (1:11). 5. Deviation 6 is added. Deviation 6 seeking adeviation from LDC 10-296(i) and 10-706 is APPROVED allowing amonoslope road off-center within the right-of-way, with the condition that the inside lane width be increased by 2 feet at the two 90 degree curves in the road as required by LDC 10-296(b)3, and depicted in Exhibit D. 6. If it is determined that inaccurate or misleading information was provided to the County or if this decision does not comply with the LDC when rendered, then, at any time, the Director may issue amodified decision that complies with the Code or revoke the decision. If the approval is revoked, the applicant may acquire the necessary approvals by filing an application for public hearing in accordance with Chapter 34. DULY PASSED AND ADOPTED ON 6/1/2015 BY: Electronically Signed by PamHouck, Director Division of Zoning Department of Community Development EXHIBITS: A. Legal Description B. Resolution Z-1 4-001 C. 1. Master Concept Plan Development Areas A and B 2. Master Concept Plan Alternative Development Area B D. Two-Page Plan for Deviation 6 CASE NO. ADD 201 5-00050 Page 3 of 3
EXHIBIT A LEGAL DESCRIPTION TRACT D, STILES HUNT, A SUBDIVISION, LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 25 EAST, ACCORDING TO THE PLAT THEREOF ON FILE AND RECORDED IN PLAT BOOK 46, PAGE 6 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA. APPROVED ADD2015-00050 Chick Jakacki, Planner Lee Co Division of Zoning 3/20/2015 STRAP NUMBER 19-45-25-15-00000.D000
EXHIBIT B
EXHIBIT C.1.
EXHIBIT C.2.
EXHIBIT D