babjks - cape coral, florida · 10511 six mile cypress parkway • suite 101 • fort myers,...
TRANSCRIPT
BAbJKS ENGINEERING
Professional Engineers, Planners & Land Surveyors
July 29, 2013
Department of Community Development City of Cape Coral 1015 Cultural Park Boulevard Cape Coral, Florida 33990
Reference: Pine Island 32 Acres PDP - Letter of intent
To Whom It May Concern:
It is the intent of our client, Liberty Health Park, LLC, to request Subdivision and Special Exception (Automotive repair and service - Group I; Automotive service station limited w/ convenience store; Automotive service station full with repair service; Business Offices - Group Ill; Contractors and Builders - Group Ill; Self Service fuel pumps; Self Service fuel pump station; Storage Enclosed; and Wholesale Establishment - Group IV) approval through the PDP process for the above referenced project. This site comprises 32.88 acres and is located at the corner of Pine Island Road and N.E. 241h Ave. Please find attached seventeen (17) copies of the following information relative to this request:
1 . PDP Application 2. Warranty Deed 3. Site Plan Covenant 4 . Burrowing Owl/Gopher Affidavit 6 . Owner Acknowledgement 7. Landscape Responsibility Agreement 8. fire Hydrant Responsibility Agreement 9 . Site Plan 11 . Boundary Survey 13. Protected Species Assessment 14. Two (2) checks totaling $6,957.00forapplicationfees
Please feel free to contact us at 939-5490 or email [email protected] if you have any questions, or require additional information.
Sincerely, BANKS ENGINEERING
as R. Lehnert, Jr., P.S.M. President
So\Jobs\28xx\284 5\ Documents\2845.Leffer oflntent-PDP.doc
• SERVING THE STATE OF FLORIDA •
10511 Six Mile Cypress Parkway • Suite 101 • Fort Myers, Florida 33966 Phone 239-939-5490 • www.bankseng.com • Fax 239-939-2523
Engineering License No. EB 6469 • Surveying License No. LB 6690
Planning Division Fourth Review Comments PDP 13-0005 Diplomat Commerce Park Reviewed By: Rick Sosnowski, AICP, CFM, Planning Team Coordinator Phone: 239-574-0587 Email: [email protected] Date: September 17, 2014 Project Recommendation: Approval Approved By: Derek C.S. Burr, AICP, Planning Manager PROJECT: Pine Island 32-Acre Subdivision PDP COMMENTS ON SUBDIVISION PLAN
Action Required
1. Since the Third Review, the applicant has amended the Subdivision Plan to incorporate a revised request for a deviation from the City of Cape Coral Engineering Design Standards (EDS). The applicant’s EDS deviation request is for approval to provide an a 50 ft private right-of-way with sidewalks located in the public utility easements for the internal road, in lieu of a 60 ft right-of-way with sidewalks within the right-of-way. It also includes a request for approval of a 2 ft valley gutter in lieu of a type “F” curb along the internal private road. The Planning Division defers to Site Development Review for comments on the revisions to the Subdivision Plan and the request for a deviation from Sheet G-5 of the EDS.
Informational Comments
1. Within the Corridor district, buildings located on different parcels within the same development
that are adjacent to each other must provide for vehicular connection between their respective parking lots. Refer to LUDR, Section 2.7.13.F.5.
2. Substantial construction is required to commence within two years from the date of PDP approval or within one year of the last permit approval from all appropriate regulatory bodies, whichever is less. In the case of subdivisions, substantial construction shall mean the issuance of valid permits for the installation and construction of the required infrastructure for the subdivision. Refer to LUDR, Section 4.2.4.H.
REQUESTS Special Exceptions The applicant requests approval of nine (9) special exception uses that are listed below:
1. Automotive Repair and Service, Group I 2. Automotive Service Station Limited with Convenience Store (45,000 ft2 minimum land area)
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3. Automotive Service Station Full with Repair Service (45,000 ft2 minimum land area) 4. Business Office, Group III (45,000 ft2 minimum land area) 5. Contractors and Builders, Group III (45,000 ft2 minimum land area) 6. Self Service Fuel Pumps (45,000 ft2 minimum land area) 7. Self Service Fuel Pump Station (45,000 ft2 minimum land area) 8. Storage, Enclosed (45,000 ft2 minimum land area) 9. Wholesale Establishment, Group IV (45,000 ft2 minimum land area)
Each of these nine uses is described in greater detail below. Automotive Repair and Service, Group I Group I uses allow for a wide variety of motor vehicle repairs and services including towing, brake and carburetor repairs, inspection services, transmission repairs, wheel alignment, and oil changes. Repairs that involve major body work including engine repairs, axle straightening, frame and front end work, as well as painting and rust proofing are not allowed within this Group I category but are classified instead as automotive repair and service, Group II uses. These Group II uses are restricted to properties with C-3 (as a special exception), I-1, or CPO zoning. Automotive Service Station Limited with Convenience Store The City defines this use as “An establishment primarily engaged in the retail sale of motor fuel and lubricants, but which may also include facilities for washing, waxing, detailing, polishing, greasing, tire repair (no recapping or vulcanizing) and other minor incidental repairs.” Automotive Service Station Full with Repair Service An establishment similar to an automobile service station, limited, but which also provides emergency road service, including those repairs allowed by an Automotive Repair and Service, Group I establishment. Business Office, Group III Business services that due to equipment and vehicle storage or the processes used, usually require facilities in addition to standard office space. Examples of Group III establishments include armored car services, automobile repossessing services, pest control, swimming pool maintenance and cleaning, and water softening services. Contractors and Builders, Group III The use includes all general, operative, and special trade contractors and builders whose establishments involve storage (indoor or outdoor) or fabrication work. Self-Service Fuel Pumps The City defines this use as “Vehicle fuel dispensing pumps providing an accessory use to a permitted retail trade establishment but in which only ‘self-service’ pumps are provide and no other vehicle service is provided.” Self-Service Pump Station The City defines this use as “An establishment which is primarily for the purpose of retail selling of motor vehicle fuels and in which no other vehicle service is provided. Ancillary sales may include some convenience commodities such as tobacco or dairy products.”
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Storage, Enclosed The City defines this use as “The keeping of any goods or products within a structure not defined as a building, or within a completely fenced or walled in area. The goods shall be screened by the structure, wall or fence so as not to be seen from any other property.” Wholesale Establishment, Group IV These establishments are primarily engaged in buying and/or selling, on a wholesale basis, durable or non-durable goods, excluding hazardous chemicals, petroleum products, or explosives, which because of their size, are normally stored out-of-doors or under a roofed shed. Background The applicant has requested nine separate special exceptions for the subdivision. Several of these uses are closely related particularly those that involve the dispensing of petroleum products, repairing vehicles, and storing materials or equipment. Unlike most special exception requests where the location of the proposed use is known and a design for the proposed establishment exists, analyzing special exceptions where this information is unknown, as is the case with this PDP, is more challenging. Due to the large number of special exceptions sought and the similarity in several of these uses, staff has analyzed these requests collectively in the following analysis below. Based on anticipated project attributes that could cause conflicts with surrounding land uses, staff has developed conditions that in some instances apply to specific special exception uses and in other cases apply to multiple special exception uses. The conditions recommended herein are preliminary and are subject to change at this time. Conditions with greater specificity will be developed for insertion later into the eventual development order for this project. Information on zoning, land use and usage for the subject parcels and surrounding properties is provided in Table 1. below. Table 1. Zoning and land use designations along with existing uses of properties immediately adjacent to the proposed subdivision. Zoning Future Land Use (FLU) Existing Use Subject Parcels
Corridor Pine Island Road District Undeveloped
Surrounding Zoning Surrounding FLU Surrounding Existing Uses North: Corridor with CPO Pine Island Road District Undeveloped South: Corridor with CPO and
Unincorporated Lee Co. lands Pine Island Road District and Unincorporated Lee Co. lands
Undeveloped
East: Corridor Pine Island Road District Storage establishment West: Corridor and Residential
Receiving Pine Island Road District and Multi Family
Mainly undeveloped; two single family homes
Analysis: The Planning Division has reviewed this application based on the City’s LDRs, Section 2.7.13, the Corridor district, and the five (5) standards outlined within Section 8.8.5a-e which governs special exceptions.
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1. Generally
The Corridor zoning of this parcel is compatible with the Pine Island Road District future land use classification of the subject property. With the exception of the Automotive Repair and Service, Group I use the remaining eight uses all have a minimum land area requirement of 45,000 ft2. Since the tract with the smallest area is Parcel #6 with an area of 45,738 ft2, all nine parcels in this proposed subdivision exceed this minimum land area criterion.
2. Compatibility
Pine Island Road represents one of the City’s major commercial corridors. The proposed subdivision is located equidistance (about 1.2 miles) along this road from Del Prado Boulevard and US 41. The subdivision has frontage along both Pine Island Road and NE 24th Avenue. While currently a two-lane local street, NE 24th Avenue has a functional classification of a collector street and is slated to be widened to a four-lane street in the future. Existing development within 500 feet of the subdivision is rather sparse and is limited to a storage establishment and several scattered single-family homes located to the east and west, respectively of the subject property. Table 2. below identifies negative attributes frequently encountered with the nine special exception uses sought for this subdivision. It should be noted that the information conveyed in this table is general in nature and specific establishments within each category can show considerable variability in regards to the four variables contained within this table based largely on project design and surrounding land uses. Furthermore, while a particular special exception listed below may have negative attributes associated with that use, conditions can often be imposed to mitigate some, if not most, of the undesirable aspects of that use. Table 2. Negative attributes frequently encountered with nine (9) special exception uses allowed in the Corridor district. Negative Attributes Frequently Associated w/ Requested SE Uses SPECIAL EXCEPTION
USE
TRAFFIC
NOISE
LIGHTING SITE
AESTHETICS Automotive Repair & Service, Group I
Yes Yes
Automotive Service Station Limited w/ Convenience Store
Yes Yes Yes
Business Office, Group III
Yes
Contractors and Builders, Group III
Yes Yes
Self-Service Fuel Pumps
Yes
Self-Service Pump Station
Yes Yes
Storage, Enclosed Yes
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Negative Attributes Frequently Associated w/ Requested SE Uses SPECIAL EXCEPTION
USE
TRAFFIC
NOISE
LIGHTING SITE
AESTHETICS Wholesale Establishment, Group IV
Yes Yes
The City of Cape Coral defines a special exception as “a use which is essential to, or would promote the public health, safety or welfare in one or more districts but which might impair the integrity and character of the district in which it is located, or in adjoining districts, such that restrictions, or conditions on location, size, extent and character of performance may be imposed in addition to those already imposed in this ordinance.” To help ensure this subdivision supports uses that will be compatible with the surrounding area, will be attractive along the highly visible Pine Island Road corridor, and supports uses within the subdivision that will be compatible with one another, staff recommends that several limitations be placed on these requested uses. First, staff recommends that the number of special exception uses within the subdivision be limited. While nine such uses have been requested by the applicant, staff would have concerns about the entire subdivision developing solely with special exception uses. Site aesthetics are particularly important as this subdivision develops given the amount of frontage this subdivision enjoys along two major City streets. In addition, compatibility between properties developed with special exception uses with surrounding parcels both inside and outside the project area becomes a greater concern as the number of properties approved for special exception uses increases. Since three closely related special exception uses allow gas pumps, limit will be placed on the number of these uses that can be utilized within this subdivision. Secondly, staff will recommend the prohibition of certain special exceptions from being employed on specific subdivision parcels. Uses that have a storage aspect will be prohibited on parcels with frontage along Pine Island Road due to the visibility of these properties. Restrictions for properties fronting NE 24th Avenue are also warranted given its functional classification, future widening plans, and the presence of residential properties located to the immediate west of the proposed subdivision. From a compatibility perspective, the best locations for uses that involve storage or fabrication would be limited to Parcels 2 and 4. Both parcels are somewhat secluded and hidden from view from both public rights-of-way.
3. Minimum Lot Frontage; Access
Each of the nine parcels within the subdivision has a minimum of 100 feet of frontage along a public or private street. While five parcels have frontage along Pine Island Road none of these parcels have direct access from this state road. The subdivision plans shows two ingress/egress points located along Pine Island Road and two ingress/egress points along NE 24th Street that provides indirect access to parcels located within this subdivision.
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4. Building Location; Setbacks
As this project seeks subdivision and special exception approval at this stage only, no site plan is available for review at this time. All future development within this subdivision will need to meet the minimum setback provisions contained in the Corridor district for nonresidential development: front setback – 25 feet; side setbacks – 15 feet; and rear setback – 25 feet.
5. Screening and Buffering
A landscaping plan has not been provided at this time. Because several of these special exception uses can contain features that can be unsightly and considerable uncertainty exists in terms of how projects employing these requested uses will be developed, staff recommends landscaping above minimum code requirements along abutting property lines separating a special exception use from a either a permitted use or a vacant property within the subdivision. In addition, for special exception uses involving an enclosed storage component, staff recommends that walls consisting of one or more of the following materials be required: concrete block coated with stucco, textured concrete block, stone, brick, or formed, decorative, or precast concrete. The purpose of these recommendations is to minimize the negative impacts associated with these special exception uses on other development within the subdivision and to promote attractive development along a highly visible commercial corridor within the City.
Recommendation
Staff recommends approval of the requested special exception uses with the following conditions: a. The proposed 32-Acre Subdivision Development shall be limited to a total of one (1) of
the following special exception uses at any given time: Automotive Service Station Limited with Convenience Store, Automotive Service Station Full with Repair Service, and Self-Service Pump Station.
b. The proposed subdivision shall be limited to a total of one (1) Automotive Repair and Service Group I use at any given time.
c. The following special exception uses are restricted to Parcels #2 and #4 only: Business
Office Group III, Contractor and Builders Group III, Enclosed Storage, and Wholesale Establishment Group IV.
d. When a special exception use is established adjacent to an abutting parcel that is
either undeveloped or contains a permitted use allowed in the Corridor District, the abutting property line containing the special exception use shall feature a Buffer “B” yard for the entire length of the shared property line. Properties separated only by a public or private street shall not be considered to be abutting parcels.
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e. For a special exception use that involves an enclosed storage component, the storage area shall be screened with a six-foot tall wall that is constructed of one of the following materials: concrete block coated with stucco, texture concrete block, stone, brick, or formed, decorative, or precast concrete.
f. All gas canopy buildings located within the subdivision shall have a mansard or peaked
roof. Canopies with flat roofs shall be prohibited. CONSISTENCY WITH THE COMPREHENSIVE PLAN The proposed project is consistent with the following policies and objectives contained in the City’s Comprehensive Plan. Future Land Use Element Policy 1.1: “The subdivision of land within the City of Cape Coral shall be granted only within Developments of Regional impact (DRIs) or in Planned Development Projects (PDPs), except for instances of approving small-scale subdivisions of fewer than 10 lots involving fewer than 10 acres.” Policy 1.8: “The City will maintain regulations ensuring safe and convenient on-site traffic flow and vehicle parking needs for all developed lands.” Policy 1.15.m: “Under this land use designation at least two distinctive zoning categories will be allowed: Village and Corridor zoning. The Village zone is intended to promote maximum pedestrian friendliness and minimal automobile traffic between residential areas, shopping destinations, a variety of entertainment establishments, and employment opportunities. The Corridor zone designation will be placed on the land located between the Villages and will include larger scale, less pedestrian-oriented uses…” Policy 4.1: “Future development requiring access or connection to public water and sewer facilities will be located with either the Urban Services Infill or Transition areas.” Policy 8.3: “Commercial developments shall be designed to minimize negative impacts on surrounding residential uses and the land development regulations shall provide for adequate buffering between commercial and residential uses. The design should ensure adequate screening of unsightly views of commercial developments (such as loading docks, rooftop equipment, service entrances, trash containers, parking area and exterior storage) through the extensive use of landscaping, berms, fencing, concealment, architectural features, open space setbacks, and/or building orientation…” Transportation Element Policy 1.1.11: “…all new development proposals that generate three hundred (300) or more cumulative trips in the peak hour shall submit a traffic impact study (TIS) in accordance with the City of Cape Coral Engineering and Design Standards.
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Objective 1.2: “The City shall ensure the availability of right-of-way for the construction of arterial and collector roadways and transportation projects to meet the projected travel demand by 2020.” Policy 2.1.1: “The City will continue to implement, in conjunction with other local governments and the private sector, a network of sidewalks and bikeways connecting residential, commercial and industrial areas within the Urban Services Infill and Transition Areas.” PROJECT RECOMMENDATION Planning staff recommends approval. Please contact Rick Sosnowski at (239) 574-0587 if you have questions about this review or would like to arrange a meeting to discuss staff comments.
!NSTR # 2013000179247 Page Number: 3 of 4
PARCIL 1: The WesHi of the Southwest 1/4 of the Northwest 1/4, lyiq North and West of Pine Island Road In Section 4, Township 44 South. Ran&e 24 East, Lee County, Plorlda.
LESS the followlnl described parcel:
A parcel of land for right-of-way purposes, situated In the Southwest 1/4 oftbe Northwest 1/4 of Section 4, Township 44 South, R.ilnp 24 East, Lee County, Florida. and begin more partlcu]arty described as foUows:
Commenctna at tbe Northwest comer of said Southwest 1/4 of the Northwest 1/4 of said Section 4, being a point on the Bast rflht-ol-way Une ofNE 24th Avenue, thence South os•12'39" East. a distanc:e of 623.13 feet along the West line of safd Southwest 1/4 of the Northwest 1/4, Sedlon 4, and the East rtcht-of·way line of NE 24th Avenue to the Point of BectnniDI; thence North 84°47'21" East, a distance of 2.00 l'eet,leaving said East right-of-way Une. to the end of a curve, concave to the Northeast, having a radtus of973.00 feet; thence aiona said curve to the left a dlstaoce of 354.83 feet. tbroup. a central aagle of20053' 41", said curve Is subtended by a chord which bears South 15-39'29" East, a cllstance of3S2.87 feet to a point of reverse curvature with a curve concan to the Nor1heast bavlns a radius of 30.0 feet; thence along said curve to the l~ a distance of 48.12 feet throuah a c:entralancle of 91-53'46", said curve ls snbtended by a cbord which bears South 7r03'13" Bast. a distance of 43.U feet to the point oftaniCfiCY, betftl a point on the North rtght· of-way Une of State Road No. 78, also known as Pine Island Road; thence South 61°59'54" West, t1 distance of 114.58 feet alona the last described line. to an lntersecdon with the West line of said Southwest 1/4 of the Northwest 1/4. Sectfon 4; thence North 05°12'39" West. a distance of 408.36 feet aloq the last described line to the Point of Beginning.
hrcel No. 04-44-24-C1·00011.0000
PARCIL2: The South Vol of the Northwest 1/4 of the Northwest 1/hnd thatpartofthe East~ of the Southwest 1/4 of the Northwest 1/41yin&Northwestoftbe right-of-way of Pine lsland Road (Sta~ Road 78), all tn Settlon 4, Township 44 Soutb. Ranae 24 East. Lee County, Florida.
LESS AND EXCEPT:
Part of the Northwest 1/4 of Section 4, Township 44 South, Range 24 Bast, Lee County, Florida, being described as follows:
Commencing at the Northwest comer of Section 4, thence;
1. North W47'36" East, 1332.14 feet, along part of the North line of said Section 4, to the East line of the Northwest 1/4 of the Northwest 1/4 of Sectioll4, thence
2. South 04•56'55" East, 6".55 r..t, along said Jut line to the North Une of the South 1h of the Northwest 1/4 of the Nortbwest 1/4 of' said Sectlon 4, and to tbe TRUll POINT OF BIIGINNING of the tract of land described heretn. thence
3. South 04°56'55• East, 1029.67 feet, along the aforesaid East line, to the Northerly right-of-way llne of Pine Island Road (State Road 78} (66' right-of-way), thence
4. South 61.59'29" West. 325.63 feet. to the East side of a proposed 60' road rlsht-of-way. thence s. North 04"56'55" West. 1182.54 feet, alofll the Bast side of a proposed 60' road right-of-way, to the North
Uae of the South 'h of the Northwest 1/4 of the Northwest 1/4 of Section 4, tbence 6. North WS2'56" East, 300.68 feet, along said line to the TRUE POINT OF BEGINNING.
Pqe-3-
I NSTR # 2013000179247 Page Number: 4 of 4
AND LESS AND EXCEPT:
A parcel ofland loQrted In the Northwest 1/4 ofS«tfoa 4, Township 44 South, Range 24 East. Lee County, Florida, being more partlcularty desatbed as follows:
Begin at the Southwest comer of Tract D, Block 6951, as shown on the Plat of HANCOCK CREEK COMMERCE PARK. PHASE 1, as recorded in Plat Book 43, Paaes 8 throup 10, of the Public Records of Lee County, Flonda; thence nm North W52'56" Bast. aloac the South Jfne of said Tract D, a dlstanc:e of 72.70 feet to a point on tbe Westllneofthe propertydesaibedln 0 . R. Book3036, Pages2251 through22S3,oftheP1ablicR.ecordsofLee Couney-, Florida; thence run South 04•56'55• Bast. along said West line for a dlstaoc:e of 290.00 feet; thence run South WS2'56" West a distanCe o( 35.00 feet tbeoc:e run North 3t•02'Sr West. a distance of 243.94 feet; thence North 04•56'55" West. a distance ol80.00 feet: thence run North 89"52'56" East, a distance of 70.00 feet to the Point of Begtnnlftg.
ContainiiJI 0.688 acres, more or less. aDd belnJ the same Janel described in that certain Warranty Deed. dated June 9, 2005 and recorded June 13, 2005 in 0. R. Book 4751, Page 2956, of the Public Records of Lee County, Flonda.
Bearings refer to the South line of said Tract "D", as bema North 89"52'56. Hast.
Parcel No. 04-44-24-Cl-o0012.0000
B. The name(s) of the legal and equitable owner is Liberty Health Park, LLC.
C The legaldescription of the property is as follows:
A tract or parcel of land lying in the northwestquarter (NW1 /4) of Section4, Township 44South, Range24 East, Lee County, Florida, as more particularly described in Exhibit "A".
D. The "Pine Island 32 Acres" PDP subject parcel has approximately 32.88 acres zonedCorridor (CORR) pursuant to the authority of Chapter 166, Florida Statutes, and the LandUse and Development Regulations, CapeCoral, Florida, as same may hereafterbe amended.The subject property has approximately 32.88 acres with a Future Land Use designation ofPine Island Road District (PIRD).
E. All future structures and uses, population density, building intensity, and building height andany other dimensional regulations shall conform to the provisions of the respective zoningdistricts of the Land Use and Development Regulations, Cape Coral, Florida, as same mayhereafter be amended. In addition, the development shall obtain all local developmentpermits from the City of Cape Coral, Florida, and other governmental jurisdictions. Failureof this agreement to address a particular permit, condition, term, restriction, or zoningregulation shall not relieve the Developer of the necessity of complying with the lawgoverning said permitting requirements, conditions, terms, restrictions, or zoningregulations.
F. The proposed development does not unreasonably interfere with the achievement of theobjectives of the adopted State Land Development Planapplicable to the area.
G. The proposed development, as noted, is consistent with the adopted City of Cape CoralComprehensive Plan, and the City ofCape Coral Land Use and Development Regulations.
H. The term Developer for purposes of this development order shall mean andrefer to LibertyHealth Park, LLC, its successors in interest, lessees, and/or assigns, jointly and severally.
SECTION III. ACTION ON REQUEST AND CONDITIONS OF APPROVAL
NOW, THEREFORE, be it ordained by the City Council of Cape Coral, Florida, in public meetingduly advertised, constituted and assembled, that the Planned Development Project application forDevelopment Approval submitted by Liberty Health Park, LLC, is hereby ordained approved,subject to the following conditions, restrictions, and limitations deemed necessary for the publichealth, safety, and welfare.
A. DRAINAGE/WATER QUALITY
1. Prior to the commencement of construction of any subdivisioninfrastructure, a South Florida Water Management District (SFWMD)construction permit for the proposed improvements shall be obtained and acopy provided to the City for review.
2. With each individual site development submitted, the Developer shall berequired to provide on-site stormwater runoff provisions, with either a letterof compliance, modification, orexemption, as applicable, from South FloridaWater Management District.
3. At completion of construction of the required site improvements, theDeveloper shall provide certification by the Engineer of Record that allrequired surface water management infrastructure improvements have beenconstructed in accordance with the design approved by SFWMD and theCity of Cape Coral. The certification shall include the wording"Construction Compliance Certification."
4. Prior to any final plat approval, site plans for the subdivision infrastructuremust be submitted and approved in accordance with section 4.4 of theLUDR for the area included in the final plat and any other area which isneeded to support the infrastructure included in that final plat area.
The site plans shall include the design of the master surface watermanagement system including all downstream improvements.
B. WETLANDS, VEGETATION, AND WILDLIFE
1. Ongoing control and removal of nuisance exotic plants onsite is required,including but not limited to, Casuarina sp. (Australian Pine), Melaleucaquinquenervia (melaleuca), and schinus terebinthifolius (Brazilian Pepper),and all Category I invasive exotic plants listed by the Florida Exotic PestPlant Council.
2. All landscaping and screening required in the subject development by eitherthis Development Order or the City Code of Ordinances or the City LandUse and Development Regulations shall be maintained in good conditionthroughout the life of this development.
3. The Developer shall comply with the State of Florida regulations pertainingto the protection of gopher tortoise burrows located on the site and aprotective barrier composed of stakes, silt fence, and rope or other suitablematerials shall be placed around all existing gopher tortoise burrows,including any that are discovered during the life of the project. Thisrequirement shall be waived if the Developer provides the City with evidenceof a funded incidental take/mandatory relocation permit prior to the issuanceof a City of Cape Coral permit for the excavation, grading, clearing, or anysimilar disturbance of the ground. Entombment of tortoises is strictlyprohibited at all times, regardless of the type of permit procured by theapplicant.
When gopher tortoise burrows are located on the site, the Developer shallseek a gopher tortoise relocation permit from the State of Florida for someor all of the gopher tortoises thatmust be relocated on-site or removed fromthe site, and provide a copy to the City prior to issuance of a permit. In theevent gopher tortoise relocation is off-site, then the Developer shall providethe City of Cape Coral with a signed letter(s) of acceptance from theowner(s) of the property upon which the gopher tortoises will be relocated.The letter must state the number of gopher tortoises each property owner iswilling to accept in accordance with the State of Florida regulations in effectat the time of relocation.
4. In the event all or a portion of the subject property is located within an EagleNest Management Zone, the Developer shall comply with all City laws,regulations, and guidelines that are currently in effect or that may behereafter adopted by the City concerning the protection and management ofbald eagle nests including, but not limited to Chapter 23 of the City Code ofOrdinances. No development shall occur on any portion of the subjectproperty that is within an Eagle Nest Management Zone except inaccordance with a Bald Eagle Management Plan that has been approved bythe City. Once an Eagle Management Plan has been approved by the City forall or a portion of the property, the Developers ability to develop inaccordance with such Plan shall not be affected by any amendment to theCity's regulations concerning eagle nests, so long as no additional or "new"eagle nest need to be accommodated. In the event, however, that one ormore eagle nests are hereafter established or determined to be active inlocations that result in all or a portion of the subject property being locatedin a new or expanded Eagle Nest Management Zone, then no developmentshall occur in such new zone except in accordance with an EagleManagement Plan that has been approved by the City for such zone.
C FIRE PROTECTION
1. Fire impact fees shall be paidas specified by City Ordinance.
2. The Developer shall review site development plans with the Cape Coral FireDepartment to incorporate fire protection design recommendations into theproject.
D. WATER CONSERVATION
1. The Developer shall incorporate the use of water conserving devices asrequired by state law (Section 553.14, Florida Statutes).
2. For the purpose of non-potable water conservation, the development shouldrequire, through the use of deed restriction, the utilization of Florida Yardsand Neighborhoods (FYN) and other xeriscape principals, where feasible, inthe design and installation of the project's landscaping. FYN materials andassistance are available through the Planning Division and the EnvironmentalResources Division.
3. Irrigation will be accomplished in accordance with City Ordinance(s) orSouth Florida Water Management District mandate as applicable.
E. SOLID WASTE
1. The Developer and tenants of the project should investigate methods ofreducing solid waste volume at the project.
2. The Developer and tenants of the project shall identify to the City, thepresence of and the proper on-site handling and temporary storageprocedures for hazardous waste that may be generated on-site, in accordancewith local, regional, and state hazardous waste programs.
3. The Developer will require that an EPA/DEP approved holding storagetank be provided on-site along with the proper monitoring devices if aprospective user has the potential for producing toxic or industrial waste.These wastes shall be disposed of off-site by a company licensed to disposeof such wastes.
4. The Developer shall inform the waste hauler and disposer of the nature ofany hazardous waste on the site, to determine if, and the extent of, anyspecial precautions that maybe necessary.
5. No solidwaste disposal facilities shall be located on site.
6. The Developer shallparticipate in recycling programs.
7. Solid waste disposal shall be provided through Lee County, Florida pursuantto Special Act, Chapter 85-447. Current and planned facilities have sufficientcapacity to meet the demands of this development.
F. WASTEWATER MANAGEMENT
1. Wastewater (sewer) service is available to the site.
2. The Developer shall design, construct and install all improvements requiredby the City to connect to the City's wastewater system. Said design,construction, and installation shall be accomplished in accordance withprevailing City design criteria and shall be subject to City inspection andapproval prior to receiving service.
3. Wastewater containing hazardous materials shall be segregated and handledin accordance with Florida Department of Environmental Protection (DEP)criteria. Wastewater entering the City system shall meet quality limitations asspecified by CityOrdinance(s).
4. Sewer impact fees, betterment fees, and/or all other applicable fees shall bepaid as specified by CityOrdinance(s).
6. The Developer shall grant appropriate easements to City for utility serviceprior to issuance of a building permit. Prior to connection of thisdevelopment to City utility facilities, the Developer shall convey to the Citythe component parts of the wastewater system that were constructed by theDeveloper by bill of sale in a form satisfactory to the City Attorney, togetherwith such other evidence as may be required by the City that the utilitysystem proposed to be transferred to the City is free of all liens andencumbrances.
G. WATER SERVICE
1. Water service is available to the site.
2. The Developer shall design, construct and install all improvements requiredby the City to connect to the City's water system. Said design, construction,and installation shall be accomplished in accordance with prevailing Citydesign criteria and shall be subject to City inspection and approval prior toacceptance.
3. Water impact fees, betterment fees, and/or all other applicable fees shall bepaid as specified by CityOrdinances(s).
5. The Developer shall grant appropriate easements to City for utility serviceprior to issuance of a building permit. Prior to connection of thisdevelopment to City utility facilities, the Developer shall convey to the Citythe component parts of the water system thatwere constructed byDeveloperby bill of sale in a form satisfactory to the City Attorney, together with suchother evidence as may be required by the City that the utility systemproposed to be transferred to the City is free of all liens andencumbrances.
H. IRRIGATION SERVICE
1. Irrigation service is available to the site.
2. The Developer shall connect to the City's irrigation system as prescribed byCity Ordinance. The Developer shall design, construct, and install allimprovements required by the City to connect to the City's irrigation systemin accordance with prevailing City design criteria and shall be subject to Cityinspectionand approval prior to acceptance.
3. Irrigation betterment fees and/or all other applicable fees shall be paid asspecified by City Ordinance(s).
4. The Developer shall grant appropriate easements to the City for utilityservice prior to issuance of a building permit. Prior to connection of thisdevelopment to City utility facilities, the Developer shall convey to the Citythe component parts of the irrigation system that were constructed byDeveloper by Bill of Sale ina form satisfactory to the City Attorney, togetherwith such other evidence as may be required by the City that the utilitysystem proposed to be transferred to the City is free of all liens andencumbrances.
I. AIR QUALITY
1. If any of the individual tract owners/Developers create a complex source ofpollution as defined by DEP rules, they shall apply directly to DEP forpermitting.
2. Each individual tract development will be required to comply with all federal,state and local laws and codes governing air quality and emissions.
J. HISTORICAL/ARCHAEOLOGICAL
During the life of the project, if any historical or archaeological sites are uncovered, work inthe vicinity shall cease until the proper authorities can be contacted and an evaluation of thesite carried out.
K. TRANSPORTATION
The traffic impact assessment upon which this Development Order for thePine Island 32 Acres PDP is based on a project build-out in the year 2019.The traffic impact assessment included the expected impacts of 40,000squarefeet of Shopping Center, 5,000 square feet of Bank with Drive-Thru, 5,000square feet of Convenience Marketwith Gas Pumps, 3,000 square feet of FastFood with Drive-Thru, 100,000 square feet of Medical Office, and 300 units ofContinuing Care Retirement Communities.
The traffic impacts of this development do not degrade roadway andintersection level of service (LOS) below LOS standards adopted in the Cityof Cape Coral ComprehensivePlan.
Based on existing and projected volumes and conditions, the Developer shallcomplete and dedicate to the public the following turn lane improvementswhen warranted. All turn lanes shall meet the City's Engineering and DesignStandards, FDOT requirements and the Lee County Turn Lane Policy asapplicable.
Table 1
ProjectEntrance
Movement
Southern Site
Access Drive on
NE 24th AVE
Northbound Right TurnLane
Western Site
Access Drive on
Pine Island RD
Westbound Right TurnLane
The Developer shall make a monetary contribution toward theimprovement listed inTable 2. Such monetary contribution shall be based on a cost estimate acceptable tothe City. The cost estimate shall include design, permitting, installation, and roadwaygeometries associated with the improvement. The design and cost estimate shall beprovided by a professional engineer licensed in the State of Florida. The design shallinclude 30%, 60%, and 100% review by the Public Works Department of the City ofCape Coral. The City shall receive such monetary contribution no later 90 days afterthe Citynotifies the Developer that signal warrants are met.
Table 2
Substantially Improvements Percentage ofImpacted Required Improvements
Intersections to be
Contributed
by Developer
Pine Island RD Signalization and 21%
/ NE 24* intersection
AVE modifications
4. The Developer shall dedicate the following road right-of-way and right-of-wayeasement to the City of Cape Coral and upon dedication shall be entitled toroad impact fee credits in the amount of the indicated percentage of the valueof said property at the time of dedication. ThePlat for this Development shallrefer to and reflect such dedication.
Table 3
Location of
Right-of-Way toBe Dedicated
Description of Right-of-Way to Be Dedicated
Percentage ofAppraised Value
Eligible forImpact Fee
Credit
NE 24th Avenue
road right-of-way
Land abutting NE 24thAvenue that contains the
LCEC right-of-way easement100%
NE 24th Avenue
right-of-wayeasement
The 30 feet east of the
existing LCEC right-of-wayeasement
100%
The Developer shall provide the City of Cape Coral all appropriate roadimpact fees at the time of issuance of each building permit.
The Developer shall convey to the City the component parts of thetransportation infrastructure constructed by the Developer and beingtransferred to the City on a form acceptable to the City Attorney, togetherwith such other evidence as may be required by the City that thetransportation infrastructure is free of all liens and encumbrances.
The City of Cape Coral reserves the right to request signal warrant analysesand Annual Traffic Monitoring Report(s) before the development reachesbuild-out which may include a traffic signal warrant analysis at theintersection of Pine Island Road (SR 78) and NE 24th Ave. The Developershall pay the costs associated with the reports and signal warrant analyses.Preparation of the reports shall not begin until the Developer provides theCity of Cape Coral with an acceptable methodology for preparing thereports. If this report shows impacts greater than those estimated at the timeof original approval and/or determines that the LOS is degraded belowadopted LOS standards, the Developer shall provide mitigation actions toassure that all roadways and intersections shall be improved so as to maintainthe adopted peak hour LOS standard. The Developer shall be credited formitigation already provided.
The Developer shall not make any driveway access connection to Pine IslandRoad until apermit authorizing such connection has been issued by the FloridaDepartment ofTransportation (FDOT). The Developer shall submit evidenceto the City that the aforesaid permit has been issued by FDOT prior toproviding driveway access from the subject development to Pine Island Road.
SUBDIVISION
The Developer shall meet all requirements of Section 4.2.11., MinimumDesign Standards, City of Cape Coral Land Use and DevelopmentRegulations.
Prior to submittal of the final subdivision plat for review the applicant shallapply for approval of site plans for the subdivision infrastructure inaccordance with Section 4.4, Site Plan Review Procedure, City of Cape CoralLand Use and Development Regulations.
Prior to any final Subdivision Plat approval, either the Developer shallsatisfactorily complete all of the required site improvements, or theDeveloper shall provide a surety bond or certified check in an amount equalto 110% of the estimated cost to complete all required site improvements, asdetermined by the City. Such surety bond or certified check shall be returnedto the Developer after the Director has determined that all requiredimprovements have been satisfactorily completed.
The final Subdivision Plat shall be substantially consistentwith the approvedSubdivision Plan with regard to external boundary and access points on SR78 and NE 24th Ave. The internal configuration may be modified to the
extent that any modifications complywith the zoning district regulations, theEngineering Design Standards, any conditions contained within this PDPdevelopment order, and the modifications are approved by the Director.
The Director shall submit the Subdivision Plat for the Mayor's signature afterall required site improvements have been satisfactorily completed or the Cityhas received a surety bond or certified check in an amount equal to 110% ofthe estimated cost to complete all required site improvements. The City shallsubmit such Plat for recording by the Lee County Clerk pursuant to Chapter177, Florida Statutes. The Developer shall pay all fees associated withrecording the plat and providing a copy of the recorded plat for the City.
M. GENERAL CONSIDERATIONS
1. No more than one (1) of the following special exception uses shall beconducted within the Pine Island 32 Acres PDP at any given time:Automotive Service Station Limited with Convenience Store, AutomotiveService Station Full with Repair Service, and Self-Service Pump Station.Should one of the aforementioned uses become established, no suchadditional use shall be allowed within the Pine Island 32 Acres PDP unless
the previously established use is discontinued.
2. No more than one (1) Automotive Repair and Service Group I use shall beconducted within the Pine Island 32 Acres PDP at any given time. ShouldAutomotive Repair and Service Group I use become established, no suchadditional use shall be allowed within the Pine Island 32 Acres PDP unless
the previously established use is discontinued.
3. The following special exception uses shall be conducted only on parcels thatdo not have frontage on Pine Island Road or NE 24th Avenue: BusinessOffice Group III, Contractor and Builders Group III, Enclosed Storage, andWholesale Establishment Group IV uses.
4. If a special exception use approved herein is established adjacent to anabutting parcel that is either undeveloped or contains a permitted useallowedin the Corridor District, the property containing the special exception useshall provide a Buffer Yard "B", consistent with regulations in Section5.2.13.C.5, of the Land Use and Development Regulations, for the entirelength of the shared property line. Properties separated by a public or privatestreet shall not be considered to be abutting parcels. This requirement shallbe in addition to other applicable requirements for landscaping.
5. Any storage of goods or products within an area not defined as a buildingshall be screened with a wall that is a minimum of six feet in height,constructed of one of the following materials: concrete block coated withstucco, texture concrete block, stone, brick, or formed, decorative, or precastconcrete.
6. If a Wholesale Establishment, Group IV use is conducted, all goods storedout-of-doors or under a roofed-shed shall be enclosed by a wall consistentwith the height and materials as described within paragraph 5, above.
7. Each special exception use granted within this PDP shall be establishedwithin six years from the date of adoption of this ordinance or the specialexception use shall be considered null and void. However, should a specialexception become null and void after six years from the date of adoption ofthis ordinance, the failure to establish one or more of these uses at this timeshall not preclude the Developer from applying for any new specialexception, including those nine special exception uses granted within thisdevelopment order. Furthermore, the Developer may seek any specialexception use without having to amend the PDP development order subjectto the provisions contained in Section 8.8.
8. Future development on tracts located within the project area may proceedthrough the City's site plan review process unless the development contains arequest or condition that must be specifically approved by an amendment tothe development order.
SECTION IV. LEGAL EFFECT AND LIMITATIONS OF THIS
DEVELOPMENT ORDER, AND ADMINISTRATIVEREQUIREMENTS
A. This Development Order shall constitute an ordinance of the City of Cape Coral, adoptedby this Council in response to the Planned Development Project application filed for the"Pine Island 32 Acres" PDP.
B. This Development Order shall be binding on the Developer. It shall be binding upon anyowner(s), jointly and severally, who acquire(s) any tract of land within the PDP.
C. The terms and conditions set out in this document constitute a basis upon which theDeveloper and City may rely in future actions necessary to implement fully the finaldevelopment contemplated by this Development Order.
D. All conditions, restrictions, stipulations, and safeguards contained in this DevelopmentOrder may be enforced by either party hereto by action at law or equity, andall costs of suchproceedings, including reasonable attorney's fees, shall be paid by thedefaulting party.
E. Any references herein to any governmental agency shall be construed to mean to include anyfuture instrumentality which may be created and designated as successor in interest to orwhich otherwise possesses any of the powers and duties of any referenced governmentalagency in existence on theeffective date of this Development Order.
F. The approval granted by this Development Order is limited. Such approval shall not beconstrued to obviate the duty of the Developer to comply with all applicable local or statereview and permitting procedures, except where otherwise specifically provided. Suchapproval shall also not obviate the duty of the Developer to comply with any City Ordinanceor other regulations adopted after the effective date of this Development Order.
G. Subsequent requests for local development permits shall not require further review, unless itis found by the City Council, after due notice and hearing, that one or more substantialdeviation^), or other changes to the approved development plans which create a reasonablelikelihood of adverse impacts which were not evaluated in the review by the City haveoccurred. Substantial deviations include but are not limited to:
1. Any change which requires a variance to code and above those specificallyincorporated herein.
2. An increase of more than five (5) percent in density, parking requirements,trip generation rates, water or sewer usage, or building square footage.
3. An expiration of the period of effectiveness of this Development Order asherein provided.
4. If development order conditions and applicant commitments incorporatedwithin the Development Order to mitigate impacts are not carried out asindicated to the extent or in accordance with the Development Order, thenthis shall be presumed to be a substantial deviation from the DevelopmentOrder.
Upon a finding that any of the above is present, the City Council may order a termination ofall development activity until such time as a new PDP Application for DevelopmentApproval has been submitted, reviewed and approved and all local approvals have beenobtained.
H. The physical development of the subdivision infrastructure authorized under thisDevelopment Order shall terminate in six years from the date of adoption of thisDevelopment Order, unless an extension is approved by this Council. The Council maygrant an extension of the project without requiring a PDP amendment if the project hasbeen developing substantially in conformance with the original plans and approvedconditions, and if no substantial adverse impacts not known to Cape Coral at the time oftheir review and approval, or arising due to the extension, have been identified. The CityCouncil in establishing a new expiration date for this project may impose additionalconditions on the development if warranted. This provision shall allow the City Council togrant an extension to this project regardless of whether the request to extend the project isreceived by the City prior to or following the current expiration date of the project. Forpurposes of determining when the buildout date has been exceeded, the time shall be tolledduring the pendency of administrative and judicial proceedings relating to developmentpermits. All conditions imposed on the subject development shall remain in full force andeffect throughout the life of the development unless rescinded or amended by the City andshallnot be affected by any terminationof the authorization for physical development.
I. The Director of the Cape Coral Department of Community Development or his/herdesignee, shall be the local official responsible for assuring compliance with thisDevelopment Order. Upon reasonable notice by the City and at all reasonable times, theDeveloper shall allow the City of Cape Coral, its agents, employees, and/or representatives,access to the project site for the purpose of assuring compliance with this DevelopmentOrder.
J. With each subsequent application for site plan approval orPDP modification the Developer,or its successors in title to the undeveloped portion of the subject property, includingindividual parcels, shall provide an updated summary describing the state of developmentand compliance with the following items: Section III.B.l., Section III.B.2, and SectionIII.M.l., 2., 5., and 6. The summary shall also identify cumulative data for the peak hourtrips generated by existing and proposed development on each individual parcel, ascompared to the overall peak hour trip generation approved for the entire subdivisionproject.
K. Within thirty (30) days of adoption of this Ordinance, this Development Order shall berecorded in the Office of the Clerk of the Circuit Court by the City.
SECTION V. SEVERABILITY.
In the event that any portion or section of this Ordinance is determined to be invalid, illegal, orunconstitutional by a court of competent jurisdiction, such decision shall in no manner affect theremaining portions orsections ofthis Ordinance which shall remain in full force and effect.
SECTION VI. EFFECTIVE DATE.
This ordinance shall take effect immediately upon its adoption by the Cape Coral City Council.Permits issued prior to orafter the effective date ofthis Ordinance are obtained solely at the risk ofthe Developer.
ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULARSESSION THIS DAY OF , 2014.
MARNI L. SAWICKI, MAYOR
10
VOTE OF MAYOR AND COUNCILMEMBERS:
SAWICKI
BURCH
CARIOSCIA
NESTA
LEON
ERBRICK
WILLIAMS
DONNELL
ATTESTED TO AND FILED IN MY OFFICE THIS
2014.
DAY OF
APPROVED AS TO FORM:
BRIANR. BARTOS
ASSISTANT CITY ATTORNEYord\PDPl 3-0005
REBECCA VAN DEUTEKOM
CITY CLERK
11
EXHIBIT WA'
DESCRIPTION:
ATRACT OR PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OFSECTION 4, TOWNSHIP
44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF THEAFORESAID SECTION 4; THENCE RUN S.05°11'49"E.
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF N.E. 24TH AVENUE (60 FEET WIDE) AND THE WESTERLY
LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 4 FOR 675.74 FEET TO THE POINT OF
BEGINNING; THENCE RUN N.89053'25"E. FOR 885.93 FEET; THENCE RUN S.04°56'26"E. FOR 80.00 FEET;
THENCE RUN S.31°02,23"E. FOR 243.94 FEET; THENCE RUN N.89053'25ME. FOR35.00 FEET; THENCE RUN
S.04o56'26"E. FOR 892.54 FEETTO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF PINE ISLAND ROAD
(STATE ROAD 78, 206 FEET WIDE); THENCE RUN S.61059'53"W. ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID PINE ISLAND ROAD FOR 991.12 FEETTO A POINT OF CURVATURE; THENCE RUN
NORTHWESTERLY FOR 48.12 FEETALONG THE ARCOF A CURVE TO THE RIGHT, HAVING A RADIUS OF
30.00 FEET, ACENTRAL ANGLE OF gi^W, ACHORD BEARING OF N.72°02,22"W AND ACHORD
DISTANCE OF 43.12 FEET TO A POINT OF CONTINUOUS CURVE; THENCE RUN NORTHWESTERLY FOR
354.83 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 973.00 FEET, A CENTRAL
ANGLE OF 20o53'41", ACHORD BEARING OF N.15038'39"W. AND ACHORD DISTANCE OF 352.87 FEET;
THENCE RUN S.84°42'39"W. FOR 2.00 FEET TO A POINTON THEAFORESAID EASTERLY RIGHT-OF-WAY
LINE OF N.E. 24TH AVENUE; THENCE RUN N.05°11,49,,W. ALONG SAID EASTERLY RIGHT-OF-WAY LINE
FOR 1293.92 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 32.88+/- ACRES.
12
PROOF O.K. BY: __________________________________________________ O.K. WITH CORRECTIONS BY:_________________________________________
PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE
NP-0000830930.INDDADVERTISER: CITY OF CAPE CORAL_DEPT PROOF CREATEDAT: 10/21/2014 8:20 AMSALES PERSON: Jessica Hanft PROOF DUE: - NEXT RUN DATE: 10/26/14PUBLICATION: NP-CAPE SUN PRESS SIZE: 1 col X 10 in
NP-0000830930
NOTICE OF 1035PUBLIC HEARINGYOU ARE HEREBY NOTIFIED thatthe City of Cape Coral, Florida, proposesto adopt ORDINANCE 38 -14; ANORDINANCE APPROVING A PLANNEDDEVELOPMENT PROJECT IN THE CITYOF CAPE CORAL, FLORIDA ENTITLED“PINE ISLAND 32 ACRES” FOR CERTAINPROPERTY DESCRIBED AS A TRACTOR PARCEL OF LAND LYING IN THENORTHWEST QUARTER (NW1/4) OFSECTION 4, TOWNSHIP 44 SOUTH,RANGE 24 EAST, LEE COUNTY, FLORIDA,AS MORE PARTICULARLY DESCRIBEDHEREIN; PROPERTY LOCATED NORTHOF PINE ISLAND ROAD AND EASTOF NE 24th AVENUE; GRANTINGSUBDIVISION OF THE PROPERTYINTO NINE DEVELOPMENT TRACTSAND ONE RIGHT-OF-WAY TRACT;GRANTING NINE SPECIAL EXCEPTIONS,TO BE ALLOWED IN THE CORRIDOR(CORR) DISTRICT; GRANTING ADEVIATION FROM SHEET G-5 OF THECITY OF CAPE CORAL ENGINEERINGDESIGN STANDARDS; GRANTINGSUBDIVISION PLAN APPROVAL FORPURPOSES OF DEVELOPMENT PLANAPPROVAL PURSUANT TO SECTION4.2 OF THE CITY OF CAPE CORALLAND USE AND DEVELOPMENTREGULATIONS; PROVIDING FORFINDINGS OF FACT AND CONCLUSIONSOF LAW; PROVIDING FOR ACTIONON REQUEST AND CONDITIONS OFAPPROVAL; PROVIDING FOR LEGALEFFECT AND LIMITATIONS OF THISPDP DEVELOPMENT ORDER ANDADMINISTRATIVE REQUIREMENTS;PROVIDING SEVERABILITY AND ANEFFECTIVE DATE.
FURTHER that an application hasbeen received from Liberty Health Park,LLC.
FURTHER that said request will bereviewed by the Cape Coral Planning andZoning Commission/Local Planning Agencyon Wednesday, November 5th, 2014 at9:00 A.M. in the Council Chambers at CityHall.
FURTHER that said request will bereviewed by the Cape Coral City Council onMonday, November 24th, 2014 at 4:30P.M. in the Council Chambers at City Hall.
FURTHER any person may appear atthe public hearings and be heard, subject toproper rules of conduct. Written commentsfiled with the Director will be entered intothe record. The hearings may be continuedfrom time to time as necessary.
FURTHER any person deciding toappeal any decision made at these hearingsmay need to insure that a verbatim recordincludes the testimony and evidence uponwhich the appeal is to be based.
FURTHER in accordance with theAmericans with Disabilities Act, personsneeding special accommodations toparticipate in this proceeding shouldcontact the City Clerk’s office whichis located at Cape Coral City Hall, 1015Cultural Park Boulevard, Cape Coral,Florida; telephone 1-239-574-0411 forassistance; if hearing impaired, telephonethe Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) forassistance.
FURTHER You are allowed sufficienttime to write or appear at the publichearing to voice your objections orapproval. Please reference the case numberbelow within your correspondence andmail to: Department of CommunityDevelopment, Planning Division, P. O.Box 150027, Cape Coral, FL 33915-0027; or email [email protected] further information, please call RickSosnowski at 239-574-0587 or email [email protected].
by order ofRebecca van Deutekom, MMCCity Clerk
REF # PDP13-0005Sunday, October 26th
Sunday, November 2nd
Sunday, November 9th
City of Cape Coral
Department of Community Development October 17, 2014 RE: ORD 38-14 PDP13-0005 Dear Property Owner: This notice is sent to you, as required by the City of Cape Coral Land Use and Development Regulations, to notify all property owners within 500 feet of a request for approval of a Planned Development Project entitled " Liberty Health Park, LLC,". The applicant is requesting approval of ORDINANCE 38-14. The request will be reviewed by the Cape Coral Planning and Zoning Commission / Local Planning Agency on November 5th, 2014 at 9:00 A.M. in the Council Chambers at City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida. Colored maps for this application are available at the City of Cape Coral website, www.capecoral.net/publichearing. The reference number above will access the specific map for this application. For further information, please call Rick Sosnowski at 239-574-0587 or email at [email protected]. Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice you objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number below within your correspondence and mail to the Department of Community Development, Planning Division, P.O. Box 150027, Cape Coral, FL 33915-0027. The hearings may be continued from time to time as necessary. Be advised that any person deciding to appeal any decision made at the public hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance. Sincerely, Derek C.S. Burr, AICP, MS, MPA Planning Manager
Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027
1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: [email protected]
City of Cape Coral
Department of Community Development What is a Planned Development Project (PDP)?
The Planned Development Project (PDP) process is a local development approval process that culminates in a development order (resolution or ordinance) that is granted directly by the governing body at a public hearing. The PDP process ensures that development applications are reviewed in a comprehensive manner and uphold the integrity of the community. PDPs may depart from conformance with regulations that would otherwise apply, if the intent and purpose of the regulations is served. The PDP is not a zoning district and may contain more than one zoning district. A PDP application may include requests for subdivision, rezonings, site plan approval, special exceptions, variances, vacations of plat and deviations that can be considered simultaneously within the PDP application.
Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027
1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: [email protected]
00001
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ABBOTTCANAL
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PINE ISLAND RD NE
NE PINE ISLAND RD
NE 15TH ST
NE24THAVE
NE 13TH LN
NE23RDAVE
NE 15TH LN
NE 15TH TER
NE 10TH TER
NE 10TH ST
NE 22
ND PL
ORCHID RD
COMMERCE CREEKBLVD
0 150 300 450 600FeetThis map is not a survey and should not be used in place of a survey.
While every effort is made to accurately depict the mapped area, errorsand omissions may occur. Therefore, the City of Cape Coral cannot beheld liable for incidents that may result due to the improper use of theinformation presented on this map. This map is not intended for con-struction, navigation or engineering calculations. Please contact the
Department of Community Developmentwith any questions regarding this map product.
October 23rd, 2014
Subject Parcels
500' Proximity Boundary
Case No. PDP13-0005BLOCK: F0401 LOTS: 1000Legend
500'_boundarySubject_parcelCORRCPOPRESR1BR3RXCanals/Lakes
CURRENT ZONING MAP
CITY OF CAPE CORALDepartment of
Community DevelopmentPlanning Division
KRKA
µ
00001
00002
00006
00011
00012
00750
00751
01130
01135
03510
03511
03512
03514
03515
03549
03550
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2220A 12345678910
11121314151617181920
21
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2345678910111213141516171819202122 232425262728293031323334353637383940414243444546474849
50
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2425
26 2728 29 30 31 32 33 34
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404142434445464748495051525354555657585960616263
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10111213141516171819202122
TR A
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ABBOTTCANAL
ABBOTT CANAL
PINE ISLAND RD NE
NE PINE ISLAND RD
NE 15TH ST
NE24THAVE
NE 13TH LN
NE23RDAVE
NE 15TH LN
NE 15TH TER
NE 10TH TER
NE 10TH ST
NE 22
ND PL
ORCHID RD
COMMERCE CREEKBLVD
0 150 300 450 600FeetThis map is not a survey and should not be used in place of a survey.
While every effort is made to accurately depict the mapped area, errorsand omissions may occur. Therefore, the City of Cape Coral cannot beheld liable for incidents that may result due to the improper use of theinformation presented on this map. This map is not intended for con-struction, navigation or engineering calculations. Please contact the
Department of Community Developmentwith any questions regarding this map product.
October 23rd, 2014
Subject Parcels
500' Proximity Boundary
Case No. PDP13-0005BLOCK: F0401 LOTS: 1000
Legend500'_boundarySubject_parcelCanals/Lakes
Future Land UseLMFLUC
SFMFPIRDPKPR
FUTURE LAND USE MAP
CITY OF CAPE CORALDepartment of
Community DevelopmentPlanning Division
KRKA
µ
500 FT BOUNDARY PROPERTY OWNERS-PDP13-0005 - Liberty Health Park, LLC
Owner Strap
Block/Lot
Owner Information Zoning FLU
054424C2035120090
3512
1300 NE 23RD AVE R1B SFADAM LAND INVESTMENTS LLC
308 E 72ND ST #9D
10021NYNEW YORK
10
054424C2035140340
3514
2233 NE 15TH ST R1B SFARGESE ANNETTE
78 STONE HILL DR
11030NYMANHASSET
34
054424C2035120170
3512
1316 NE 23RD AVE R1B SFARIAS GLADIS N REYES
1316 NE 23RD AVE
33909FLCAPE CORAL
17
044424C1007510010
6951
1030 COMMERCE CREEK BLVD CPO PIRDB & J FINANCE LLC
6128 WATERFIELD
34771FLSAINT CLOUD
1
054424C2035110440
3511
1313 NE 23RD AVE RXW MFBAQUERO LUIS +
1107 NE 2ND TER
33909FLCAPE CORAL
44
054424C2035110460
3511
1315 NE 23RD AVE RXW MFBAQUERO LUIS +
1107 NE 2ND TER
33909FLCAPE CORAL
46
054424C2035490010
3549
2305 NE PINE ISLAND RD CORR PIRDCAPE LOOKOUT LLC
1610 MONARCH DR
34293FLVENICE
1
054424C2035100360
3510
1020 NE 24TH AVE CORR PIRDCITY OF CAPE CORAL
PO BOX 150027
33915FLCAPE CORAL
35
054424C2035100380
3510
1016 NE 24TH AVE CORR PIRDCITY OF CAPE CORAL
PO BOX 150027
33915FLCAPE CORAL
37
054424C2035490140
3549
1017 NE 23RD AVE CORR PIRDCITY OF CAPE CORAL
PO BOX 150027
33915FLCAPE CORAL
14
054424C2035490160
3549
2222 NE 10TH TER CORR PIRDCITY OF CAPE CORAL
PO BOX 150027
33915FLCAPE CORAL
16
Page 1 of 7Monday, October 27, 2014
Owner Strap
Block/Lot
Owner Information Zoning FLU
054424C2035100030
3510
1516 NE 24TH AVE RXW MFDAYTON STEVE T
1637 OPEN FIELD L
33510FLBRANDON
2
054424C2035120110
3512
1304 NE 23RD AVE R1B SFDEL-CARMEL INVESTMENTS LLC
33490 SYLVE RD S
70460LASLIDELL
11
054424C2035100140
3510
1324 NE 24TH AVE RXW MFDEMEO MARYLOU
607 PINTO ST
11702NYBABYLON
13
044424C1000010000
F0400
0 DIPLOMAT PKWY E CPO PIRDDIPLOMAT VENTURES LLC
1406 SE 46TH LN #
33904FLCAPE CORAL
1000
044424C1000010000
F0400
1209 DIPLOMAT PKWY E #4 CPO PIRDDIPLOMAT VENTURES LLC
1406 SE 46TH LN #
33904FLCAPE CORAL
1000
044424C1000010000
F0400
1209 DIPLOMAT PKWY E #3 CPO PIRDDIPLOMAT VENTURES LLC
1406 SE 46TH LN #
33904FLCAPE CORAL
1000
044424C1000010000
F0400
1209 DIPLOMAT PKWY W #1 CPO PIRDDIPLOMAT VENTURES LLC
1406 SE 46TH LN #
33904FLCAPE CORAL
1000
044424C1000010000
F0400
1209 DIPLOMAT PKWY E #2 CPO PIRDDIPLOMAT VENTURES LLC
1406 SE 46TH LN #
33904FLCAPE CORAL
1000
054424C2035110610
3511
1515 NE 23RD AVE RXW MFDIVINAGRACIA ISMAEL 1/8 +
111 JOHN ST STE 8
10038NYNEW YORK
61
054424C2035100260
3510
1300 NE 24TH AVE CORR PIRDDROPSHOT HOLDINGS LLC
9115 STRADA PL #
34108FLNAPLES
25
054424C2035100420
3510
1008 NE 24TH AVE CORR PIRDDROPSHOT HOLDINGS LLC
9115 STRADA PL #
34108FLNAPLES
41
044424C100751E000
6951
1100 COMMERCE CREEK BLVD CPO PIRDEAGLE GREGORY W TR
3818 DEL PRADO B
33904FLCAPE CORAL
TR A
Page 2 of 7Monday, October 27, 2014
Owner Strap
Block/Lot
Owner Information Zoning FLU
054424C301130A000
6630
1250 HANCOCK CREEK SOUTH CORR- PIRDFL LEE HANCOCK LLC
5150 TAMIAMI TRL
34103FLNAPLES
6008
044424C401135A000
6635
1255 HANCOCK CREEK SOUTH CORR- PIRDFL LEE HANCOCK LLC
5150 TAMIAMI TRL
34103FLNAPLES
TR-A
054424C2035100240
3510
1304 NE 24TH AVE RXW MFFREDERICK GLENN A TR +
4511 SW 20TH AVE
33914FLCAPE CORAL
23
054424C2035110650
3511
2304 NE 15TH LN RXW MFFRIESE JOACHIM +
TIEFENBACHWIES
61350 BAD HOMBURG
65
054424C2035110580
3511
1511 NE 23RD AVE RXW MFGTR USA LLC
GIVAT SHAPIRO
JERUSALEM 72912
58
054424C2035110320
3511
2236 NE 13TH LN RXW MFHALLAS RICHARD P TR
2459 AUGUSTA WA
34746FLKISSIMMEE
31
044424C100751A0CE
6951
COMMON ELEMENT PRES PRHANCOCK CREEK COMMERCE PARK
3818 DEL PRADO B
33904FLCAPE CORAL
2
044424C100751D0CE
6951
COMMON ELEMENT PRES PRHANCOCK CREEK COMMERCE PARK
3818 DEL PRADO B
33904FLCAPE CORAL
TR A
054424C2035100280
3510
1036 NE 24TH AVE CORR PIRDHARSANYI MARIA A
1654 BRAID HILLS
21122MDPASADENA
27
054424C2035110660
3511
2310 NE 15TH LN RXW MFHENSLEY ROY D + NANCY TR
2310 NE 15TH LN
33909FLCAPE CORAL
66
054424C2035120150
3512
1312 NE 23RD AVE R1B SFHINCHEE STEPHEN +
547 CORAL DR
33904FLCAPE CORAL
15
054424C2035100200
3510
1312 NE 24TH AVE RXW MFJOHNSON ALBERT
1304 KAUAI DR
08731NJFORKED RIVER
19
Page 3 of 7Monday, October 27, 2014
Owner Strap
Block/Lot
Owner Information Zoning FLU
054424C2035100180
3510
1316 NE 24TH AVE RXW MFJOHNSON ALBERT P
1304 KAUAI DR
08731NJFORKED RIVER
17
054424C2035100050
3510
1512 NE 24TH AVE RXW MFJORDASH INVESTMENTS REALTY INC
705 ARVIDA PKWY
33156FLCORAL GABLES
4
044424C1000120010
F0401
2555 NE PINE ISLAND RD CORR PIRDKIRBY FAMILY LP #3
1406 SE 46TH LN #
33904FLCAPE CORAL
1
044424C1000120030
F0400
PKWY W CPO PIRDKIRBY FLP 3
1406 SE 46TH LN #
33904FLCAPE CORAL
1000
054424C2035100300
3510
1030 NE 24TH AVE CORR PIRDLAMPE MICHAEL A + JANA M
UNIT 910
33908
14220 ROYAL HARBOUR CT
FLFORT MYERS
29
044424C1000110000
F0401
ACCESS UNDETERMINED CORR PIRDLIBERTY HEALTH PARK LLC
5510 W LA SALLE S
33607FLTAMPA
1000
044424C1000120000
F0401
2515 NE PINE ISLAND RD CORR PIRDLIBERTY HEALTH PARK LLC
5510 W LA SALLE S
33607FLTAMPA
1000
054424C2035110540
3511
1501 NE 23RD AVE RXW MFLOFFA ANTONIO + MINA
52 BURNING TREE
01760MANATICK
54
054424C2035100070
3510
1508 NE 24TH AVE RXW MFMACDONALD JOHN W + DARLENE TR
1900 VIRGINIA AVE
33901FLFORT MYERS
6
054424C2035110520
3511
1327 NE 23RD AVE RXW MFMANDALA CARMEN
610 W ST
34108FLNAPLES
52
054424C2035120210
3512
1324 NE 23RD AVE R1B SFMANUS JERRY J + CAROLINE K
1324 NE 23RD AVE
33909FLCAPE CORAL
21
054424C2035100110
3510
1500 NE 24TH AVE RXW MFMEDINA JUAN P + VILMA TR
1500 NE 24TH AVE
33909FLCAPE CORAL
10
Page 4 of 7Monday, October 27, 2014
Owner Strap
Block/Lot
Owner Information Zoning FLU
054424C2035100400
3510
1012 NE 24TH AVE CORR PIRDMILLER DAVID
1717 NW 17TH ST
33993FLCAPE CORAL
39
054424C2035110420
3511
1307 NE 23RD AVE RXW MFMITCHELL DANNY
4941 SORRENTO C
33904FLCAPE CORAL
42
054424C2035120130
3512
1308 NE 23RD AVE R1B SFOLSEN NANCY
1308 NE 23RD AVE
33909FLCAPE CORAL
13
054424C2035100010
3510
1520 NE 24TH AVE RXW MFPARSONS CATHY L
667 SEA ISLAND PL
29920SCSAINT HELENA ISLAND
1
054424C2035510000
3551
2201 NE PINE ISLAND RD CORR PIRDPINE I R LLC
1715 RIDGE RD
48383MIWHITE LAKE
TR
054424C2035110630
3511
1519 NE 23RD AVE RXW MFPOELKER RICHARD A +
9730 W 23RD AVE
80215COLAKEWOOD
63
054424C2035100160
3510
1320 NE 24TH AVE RXW MFPRICE FRED + LOURDES
21212 WAYMOUTH
33928FLESTERO
15
054424C2035490110
3549
1013 NE 23RD AVE CORR PIRDPRICE FRED + LOURDES
21212 WAYMOUTH
33928FLESTERO
11
054424C2035100340
3510
1024 NE 24TH AVE CORR PIRDPRINGLE RICHARD W PER REP
PO BOX 1545
33902FLFORT MYERS
33
054424C2035110400
3511
1303 NE 23RD AVE RXW MFRICHARDS DONALD B
1466 PALM WOODE
33919FLFORT MYERS
40
054424C2035490180
3549
2219 NE 10TH TER CORR PIRDROSADO CRISTOBAL
11024 SUMMER DR
33624FLTAMPA
18
054424C2035120190
3512
1320 NE 23RD AVE R1B SFROSALES PABLO + MARIA
1320 NE 23RD AVE
33909FLCAPE CORAL
19
Page 5 of 7Monday, October 27, 2014
Owner Strap
Block/Lot
Owner Information Zoning FLU
054424C2035490070
3549
1003 NE 23RD AVE CORR PIRDSAUTERNES V LLC
18305 BISCAYNE B
33160FLAVENTURA
7
054424C2035110500
3511
1323 NE 23RD AVE RXW MFSHNIZEL LLC
1423 SE 10TH ST S
33990FLCAPE CORAL
50
054424C2035490090
3549
1007 NE 23RD AVE CORR PIRDSMITH JOHN J +
6235 LAKE AVE
14127NYORCHARD PARK
10
054424C2035490100
3549
1009 NE 23RD AVE CORR PIRDSMITH JOHN J +
6235 LAKE AVE
14127NYORCHARD PARK
10
054424C2035100090
3510
1504 NE 24TH AVE RXW MFSPARKMAN JAMES
709 SW 9TH ST
33991FLCAPE CORAL
10
054424C2035100220
3510
1308 NE 24TH AVE RXW MFSYNTIN PATRICK + KARINE
20 CHEMIN DE LA
31120 LACROIX FALGARDE
21
054424C2035110480
3511
1319 NE 23RD AVE RXW MFTALUTIS LINDA
164 ALLEN RD
01821MABILLERICA
48
054424C2035110560
3511
1505 NE 23RD AVE RXW MFTEMPLE BETH-EL OF
5 OLD MILL RD
11023NYGREAT NECK
56
054424C2035140310
3514
2232 NE 15TH TER R1B SFUNDERWOOD BILLY H +
PO BOX 3725
33918FLFORT MYERS
31
054424C2035490040
3549
943 NE 23RD AVE CORR PIRDVILLENEUVE MICHEL
943 NE 23RD AVE
33909FLCAPE CORAL
4
054424C2035110350
3511
2240 NE 13TH LN RXW MFWESCOTT CURT + TISH
2202 S RANGE RD
48079MISAINT CLAIR
34
054424C2035110370
3511
2246 NE 13TH LN RXW MFWESCOTT CURT + TISHA A
2202 S RANGE RD
48079MISAINT CLAIR
37
Page 6 of 7Monday, October 27, 2014
Owner Strap
Block/Lot
Owner Information Zoning FLU
054424C2035100440
3510
1004 NE 24TH AVE CORR PIRDWG 23 AVE LLC
1610 MONARCH DR
34293FLVENICE
43
054424C2035490030
3549
933 NE 23RD AVE CORR PIRDWG 23 AVE LLC
1610 MONARCH DR
34293FLVENICE
3
Page 7 of 7Monday, October 27, 2014