October 7, 2014 Mr. Vincent A. Cautero, AICP Community
Transcription
October 7, 2014 Mr. Vincent A. Cautero, AICP Community
www. barraco.net Civil Engineers, Land Surveyors and Planners October 7, 2014 Mr. Vincent A. Cautero, AICP Community Development Director City of Cape Coral 1015 Cultural Park Boulevard Cape Coral, Florida 33990 Re: Letter of Intent- Stonewater Planned Development Project (PDP) Application Dear Mr. Cautero: Per the requirements of the City of Cape Coral Planned Development Project (PDP) Application please find enclosed the Letter of Intent for the proposed project known as Stonewater, located in the southwest quadrant of Tropicana Parkway and Nelson Road in Cape Coral, Florida. a) General Purpose and Intent of the PDP - The general purpose and intent of the Stonewater PDP application is to rezone a 150 +/- acre portion of the overall 201 +/-acre site from the current zoning of Agricultural (A) to Residential Development (RD) to allow for the development of 660 residential dwelling units and supporting infrastructure. Concurrently with the request to rezone the applicant will request deviations from the standards associated with the RD Residential Development District. b) Subdivision Request- The applicant is not requesting the platting of a subdivision as part of this PDP application. c) Rezoning Request- The applicant is requesting to rezone a 150 +/-acre portion of the overall201 +/acre site from the current zoning of Agricultural (A) to Residential Development (RD) to allow for the development of up to 660 residential dwelling units and supporting infrastructure. The request to rezone to a RD Residential Development District is consistent with the parcels current future land use designation of Single Family/ Multi-Family. d) Special Exception Request - The applicant is requesting Model Homes to be allowed as a special exception. The model homes will be designed and constructed in accordance with the requested deviations and pursuant to the City of Cape Coral Land Use and Development Regulations, Article II, Section 2.7.3(D)(2) RD Residential Development Districts. e) Variance Request- The applicant is not requesting any variances as part of this PDP application. f) Vacation of Plat- The applicant is not requesting the vacation of an existing plat as part of this PDP application. g) Borrow Pits - The applicant is not requesting construction approvals for any borrow pits as part of this PDP application. Should you have any questions ro require any additional information with regards to the proposed PDP application please feel free to contact me via phone at 239-461-3170 or via email at [email protected]. Ca A. arraco, Jr., E.l. Project Engineer FILE: 23238 Post Office Drawer 2800 • Fort Myers, FL 33902 Phone (239) 461-3170 • Fax (239) 461-3169 Stonewater PDP {PDP 14-0007) Planning Division Final Project Staff Report Prepared by Chad Boyko, AICP, Planner II Reviewed by Mike Struve, AICP Planning Team Coordinator Approved by Derek C.S. Burr, AICP Planning Manager April 23, 2015 PURPOSE The purpose of this document is to provide a single, consolidated review from the Planning Division concerning the "Stonewater" Planned Development Project (PDP}. Within this report the following topics are addressed: • • • • • • Project Requests and Summary; Description of Subject Property; Summary of Applicant's Request; Requests: Analysis and Staff Recommendations; Consistency with the Comprehensive Plan; and Project Recommendation. PROJECT REQUESTS AND SUMMARY The applicant, Ronald E. lnge, Trustee requests approval of a PDP entitled "Stonewater" . Within this project, the applicant requests approval of a residential subdivision for a maximum of 337 single-family homes, along with two recreation areas and associated infrastructure such as roads and utilities. The applicant is also proposing to rezone 150 acres from Agricultural (A) to Residential Development (RD) . This project will have a maximum build-out period of 10 years beginning from the date of adoption of the PDP. The applicant is required to seek entitlements through the City's PDP process for several reasons. First of all, the project is located in the Urban Services Reserve Area and the City's Comprehensive Plan requires all development, except for individual single-family homes, located in the Reserve area to undergo review through the PDP process. Second, the property is requesting a subdivision and the City's Comprehensive Plan requires all subdivisions larger than 10 acres to undergo review through the PDP process. Lastly, a portion of the property has a future land use designation of Commercial Activity Center (CAC) and the CAC classification requires all development to undergo review through the PDP process. Besides subdivision approval, Within this PDP, the applicant also requests the following: PDP14-0007 Apri l 23, 2015 Page 2 • Deviations to the dimensional standards for the RD district. • Deviations to the dimensional standards for the Marketplace Residential (MR) district. • A special exception to allow a maximum of 20 model homes in the RD and MR districts. • Development Plan approval. DESCRIPTION OF SUBJECT PROPERTY The proposed Stonewater PDP is located on two unplatted and undeveloped parcels totaling 201 acres 1 located at the southwest intersection of Tropicana Parkway and Nelson Road . Access to the project is proposed from bothTropicana Parkway and Nelson Road. About 150 acres of the project has a Future Land Use designation of Single-Family/Multi-Family (SM) by PDP and a zoning designation of Agricultural (A) while 51 acres of the project has a future land Use designation of Commercial Activity Center (CAC) and a zoning designation of Marketplace Residential (MR) . The project area had a future land use designation of SM since the adoption of the Comprehensive Plan in 1989 until 2010 when the City initiated a Future Land Use amendment for 50 acres of the project area that changed the land use to CAC. After the approval ofthis land use amendment, the City rezoned the 50 acres to MR in 2011 to provide consistency with the new CAC future land use designation. The surrounding area consists of Mariner High School to the west, single-family homes and scattered vacant lots to the north and east, and two large, undeveloped parcels to the south . The surrounding future land use and zoning of these properties is shown in Table 1. below. Table 1. Surrounding Future Land Use Surrounding Zoning North: Single-Family/Multi-Family by PDP (SM) Single-Family Residential (R-lB) South: SM East: West: I Commercial Activity Center (CAC) SM / CAC Public Facilities (PF) Residential Development (RD) I Pedestrian Commercial (C-1) RD I Marketplace Residential (MR) Agricultural (A) Planning staff notes that while the subject properties are currently unimproved, these two properties 2 have been excavated in the past resulting in the construction of four large lakes comprising 90 acres or about 45% ofthe site. SUMMARY OF APPLICANT REQUESTS Table 2. below provides information on entitlements requested by the applicant associated with the (/Stonewater" PDP along with the accompanying staff recommendation. A thorough analysis of each applicant request is provided later within a separate section ofthis report. Table 2. Summary of applicant requests and accompanying staff recommendations. 1 2 A minor arterial and a collector road, respectively. One lake is shared between the subject property and Mariner High School. PDP14-0007 April 23, 2015 Page 3 Category Request Subdivision Subdivide the property into residential, recreation, preserve, road and lake tracts. Six deviations from LUDR, Section 2.7.3 (Table RD) from the minimum dimensional requirements of the RD district. Five deviations from LUDR, Section 2.7.18 (Table MR) from the minimum dimensional requirements of the MR district. A special exception to allow a maximum of 20 model homes in the RD and MR districts. Staff Recommendation Deviations Deviation Special Exception Rezoning Development Plan Approval Rezoning of 150 acres from Agricultural (A) to RD . Approval of the conceptual plan for the PDP. Approval with conditions Approval Approval with conditions Approval with condition Approval Approval with conditions REQUESTS: ANALYSIS AND STAFF RECOMMENDATIONS Subdivision The applicant proposes to subdivide 180 acres of the 201 acre subject property to allow for the construction of 337 single-family homes3• The list below identifies the tract types and the area of each tract: 1} Residential Tracts- 50 acres 2} Right-of-Way Tracts -14.3 acres 3} Lake Tracts- 90.9 acres 4} Open Space I Preserve Tracts- 20.1 acres 5} Recreation Tracts- 3.9 acres Findings of Fact The "Stonewater" PDP involves a residential subdivision consisting of a maximum of 337 single-family homes along with two recreation areas and a preserve area. The proposed subdivision will have access from two streets - Tropicana Parkway and Nelson Road . The applicant will construct off-site improvements within the City rights-of-way including turn lanes and lane widening to accommodate ingress and egress from these streets. Most single-family homes will be located within the area that is proposed for RD zoning. The remain ing homes will be located in the area that is currently zoned MR. The LUDR allows free-sta nding residential development on projects with MR zoning that exceed 20 acres. The total area of the Stonewater project with MR zoning is 51.1 acres and the applicant proposes to construct free-standing residential homes on 7.2 acres ofthis land (7 .2 I 51.1 = 14%). 3 Maximum number. Final amount of single-family homes could be lower. PDP14-0007 April 23, 2015 Page 4 The applicant will construct two recreation areas within the Stonewater PDP. These recreation areas will be located near the project driveways off Nelson Road and south of the driveway off Tropicana Parkway. These recreation areas will collectively total about 3.9 acres. In addition, about 20.1 acres of the project will be dedicated to preserve and open space lands. The preservation area will provide an undisturbed buffer around the eagle's nest located near the center of the project area . The project will utilize the existing lake system as a surface water drainage system and permitting will be handled by the South Florida Water Management District (SFWMD) . The applicant intends to install all infrastructure in two phases. The first phase will have two stagesPhase lA is located on the eastern portion of the property while the Phase lB is located on the western portion of the property. Phases lA and lB will include the following : 1) Construction of entrance roads and associated right-of-way improvements from Nelson Road and Tropicana Parkway. 2) Construction of infrastructure (roads, water, sewer, irrigation) for all lots within Phase lA and lB. 3) Construction of a maximum of 20 model homes. 4) Construction of recreation areas as shown on Development Plan . Phase 2 will include the construction of infrastructure for all lots located within this phase. infrastructure shall have a final build-out period of 10 years from the date of project approval. The Analysis Planning staff has reviewed the applicant's proposed subdivision plan per LUDR, Section 4.1 and 4.2 and finds that the applicant has complied with all regulations for subdivisions and POPs. The proposed subdivision has adequate access from Tropicana Parkway and Nelson Road and will provide stormwater retention and internal utilities. All of the single-family residential lots will have access to private roads within the subdivision .. Staff finds that about 42 acres of the project area will not be developed as pa rt of the Stonewater PDP at this time. This remaining acreage is zoned MR and will require a PDP amendment to develop this land in the future . These 42 acres shall only be developed with nonresidential or mixed-use development and no additional free-standing residential development shall be allowed on these lands. Planning staff also recommends a condition requiring the applicant to construct a six-foot tall fence or wall with landscape buffering along Nelson Road . The fence or wall will be constructed from the south property line and will extend to the northern edge of the recreation area in Phase lA. The fence/wall and the landscaping will provide buffering and limited screening for the single-family homes located adjacent to Nelson Road and will enhance the aesthetics associated with this subdivision. Lastly, staff recommends a condition requiring pedestrian and vehicular access between the single-family portion of the development and the future MR development. The crossaccess will be in the form of sidewalks and internal streets. The pedestrian cross-access points will encou rage walk-abil ity while the vehicular cross-access will support internal circulation within t he project area and will thus decrease the number of vehicles entering and exiting Nelson Road and PDP14-0007 April 23, 2015 Page 5 Tropicana Parkway. following conditions. Planning staff recommends approval of the proposed subdivision with the 1) The developer shall construct a six-foot tall fence or wall along Nelson Road for areas that include single-family homes. The fence or wall shall be constructed of either wrought iron, aluminum, brick, concrete block stucco or stone or a combination thereof. 2) The Developer shall install landscaping in the form of shrubs and canopy trees along the outside of the constructed fence or wall. 3) The Developer shall provide pedestrian access in the form of sidewalks and cross-walks (where applicable) from the free-standing residential portion of the development to the 42acre MR zoned area slated for future development. 4) Future development occurring in the 42-acre MR zoned area will require a PDP amendment. 5) Future development within the MR zoning district shall not contain freestanding residential uses. All future development shall be non-residential or compound use as determined by the Marketplace Residential district. Deviations from LUDR, Section 2.7.3.D.Table RD The applicant requests the following six deviations from the RD dimensional requirements: 1} A 5,000 sq. ft. deviation to the minimum lot area of 10,000 sq. ft. in order to allow a minimum lot area of 5,000 sq. ft. 2} A 30 foot deviation to minimum lot width of 80 feet (at the building line) in order to allow a minimum lot width of 50 feet. 3} A five-foot deviation to the minimum front yard setback of 25 feet in order to allow a minimum front setback of 20 feet. 4} A 2.5 foot deviation to the minimum side yard setback of 7.5 feet in order to allow a minimum side yard setback of 5 feet. 5} A 10 foot deviation to the minimum rear yard setback of 20 feet in order to allow a rear yard setback of 10 feet. 6} A five-foot deviation to the maximum building height of 30 feet in order to allow buildings with a maximum height of 35 feet. Findings of Fact The RD district has dimensional requirements that include minimum lot areas, setbacks, and building height for maintaining a consistent aesthetic appearance for residential neighborhoods and for ensuring PDP14-0007 April 23, 2015 Page 6 adequate separation and privacy between single-family homes. The applicant states in their "Letter of Intent" that the deviations are necessary to achieve flexibility in the design of the proposed development. The applicant also states that the deviations will result in a development that is similar to several other large subdivisions in the City and is a design that is utilized throughout Lee County. The applicant also states that the majority of the homes will be located internally within the subdivision and therefore will not have frontage along either Nelson Road or Tropicana Parkway. Analysis Deviations requested within a PDP are reviewed according to the standards set forth in LUDR, Section 4.2.4.K., which state the following: "To provide design flexibility in developing land through the PDP process, deviations from the City of Cape Coral Land Use and Development Regulations which relate to standards of the zoning district of the site in question, including, but not limited to, area, dimensional, and other standards, may be approved in a PDP development order by the City Council provided that the PDP demonstrates unique and innovative design which would be enhanced by the approval of such deviation(s) and that the intent of such regulations to protect the health, safety, and welfare ofthe public would be served by the approval of the deviation." Planning staff finds the requested deviations will allow the applicant to develop a project that is uncommon in the City of Cape Coral as the majority of homes in the City have been constructed on preplatted, 10,000 sq. ft. lots. LUDR, Section 4.2.K cites several examples of "unique and innovative design" elements such as "usable common open space with the development to offset and compensate for decreases in typical lot sizes or yard requirements" and "providing for the integration and preservation of natural resources with development, through conservation of natural resources such as streams, lakes, floodplains, groundwater, wooded areas and areas of unusual beauty or importance to the ecosystem." The requested deviations will allow the applicant to construct two separate recreational areas and set aside several acres of land for protecting a bald eagle nest. The recreation areas will provide open space and community green space that are not common for the majority of single-family homes in the City. Planning staff also finds that the property contains other physical features not typically found with other properties such as the existing lake system that will be retained through the project's development. Planning staff also finds that the requested deviations will not contribute to a reduction in the health, safety and welfare of the public. The development will be a community with similar sized lots and homes and will not detract from the aesthetic consistency of the surrounding neighborhood. The deviations will also allow for design features such as landscaping along Tropicana Parkway and Nelson Road and a fence or wall feature along Nelson Road. Recommendation Planning staff finds that the requested deviations are consistent with those standards found in LUDR, Section 4.2.4.K., and is consistent with the City's Comprehensive Plan. Therefore, Planning staff recommends approval of the proposed deviations. PDP14-0007 April 23, 2015 Page 7 Deviations from LUDR, Section 2.7.18.E.Table MR The applicant requests the following five deviations from the MR district's dimensional requirements: 1} A 5,000 sq. ft. deviation to the minimum lot area of 10,000 sq. ft. in order to allow a minimum lot size of 5,000 sq. ft. 2} A 30 foot deviation to minimum lot width of 80 feet (at the building line} in order to allow a minimum lot width of 50 feet. 3} A 2.5 foot deviation to the minimum side yard setback of 7.5 feet when not abutting a rightof-way in order to allow a minimum side yard setback of 5 feet. 4} A 2.5 foot deviation to the minimum side yard setback of 7.5 feet when abutting a right-ofway in order to allow a minimum side yard setback of 5 feet. 5} A 10 foot deviation to the minimum rear yard setback of 20 feet in order to allow a rear yard setback of 10 feet. Findings of Fact Similar to the previous discussed deviations from the RD district, the applicant requests the deviations from the MR district to develop a subdivision containing 307 single-family homes. The applicant is requesting these deviations to achieve flexibility in design and development of the subdivision. Analysis Similar to the previously discussed deviations regarding the RD district' s dimensional requirements, deviations within POPs are reviewed under the standards set forth in LUDR, Section 4.2.4.K. These standards require that the deviation must not adversely affect the public health, safety or welfare, and must demonstrate "unique and innovative design." Staff finds that the requested deviations meet both of these standards. The applicant is demonstrating unique and innovative design in the provision of two recreational areas and the preservation of 20 acres of open space. The deviations will not adversely affect the health, safety and welfare of the community as the development will feature similar sized lots and homes. To assist in justifying these deviations, the developer will construct a fence or wall along Nelson Road along with landscape buffering adjacent to the ROW. Recommendation Planning staff finds that the requested deviations are consistent with the standards found in LUDR, Section 4.2.4.K. Therefore, Planning staff recommends approval of the proposed deviations. Special Exception The applicant requests a special exception in order to construct a maximum of 20 model homes within the RD and MR districts: PDP14-0007 April 23, 2015 Page 8 Findings of Fact The applicant has requested a special exception to allow model homes within the RD and MR district. Model homes are typically utilized in master-planned subdivisions to market the types of homes available throughout the development. The applicant plans to construct a row of model homes in Phase 1B, south of the entrance from Tropicana Parkway and in Phase 1A, west of the entrance from Nelson Road. The model homes in each stage will share a common parking lot. Visitors to the model homes will utilize a sidewalk that connects the model homes to the parking lot. The model homes will eventually be converted to single-family homes at the expiration of the special exception or earlier if desired by the developer. Analysis The Planning Division has reviewed this application based on the City's LUDR, Section 2.7.3 and 2.7.18, which covers the RD and MR districts, respectively, and the five {5) standards outlined within LUDR, Section 8.8.5a-e which covers special exceptions, and offers the following analysis for consideration: 1} Generally: Model homes are allowed within the RD and MR districts provided the first homesite has a minimum area of 15,000 sq. ft . and each subsequent model home has a minimum area of 10,000 sq . ft. Staff finds that while individual model homes sites will not contain 15,000 sq. ft. the applicant has requested deviations to minimum lot size for all single-family lots. All model homes will eventually be converted to single-family homes. 2} Compatibility: Master-planned residential subdivisions typically utilize model homes as a means of advertising and marketing the types of homes available within the development. The model homes will be similar in size and appearance to the standard homes in the Stonewater project. The model homes should not affect compatibility as they are similar to residential uses and typically generate low amounts of traffic. The model homes will be located near the two project entrances and visitors will park in a nearby parking area and walk to the individual model homes that will reduce traffic throughout most of the project area . The RD and MR district also have special regulations that regulate lighting, hours of operation and signage. 3} Minimum Lot Frontage; Access: All model homes will meet the minimum lot frontage requirement of 50 feet (for both the RD and MR districts) . Access to the Stonewater development will be from Tropicana Parkway and Nelson Road. Model home visitors will enter the development and park in a lot dedicated for the model homes. PDP14-0007 April 23, 2015 Page 9 4} Building Location; Setbacks: The applicant is requesting several deviations to the RD and MR districts that will allow for reduced lot areas and setbacks. All model homes will comply with the approved dimensional regulations granted within the Stonewater PDP. 5} Screening and Buffering: The applicant has shown on the development plans that several tracts will be utilized for providing landscaping for this development. The applicant has also indicated in their "Letter of Intent" that additional landscaping will be provided around the parking lots to make them attractive within the development. Staff finds that this landscaping should be sufficient for the model home parking lot areas. Additional Conditions that May be Imposed on the Development The Planning and Zoning Commission and the Cape Coral City Council may approve this project with staff conditions, may modify staff conditions, or eliminate one or more conditions in their entirety. In addition, the BZA or the City Council has the option of recommending or imposing additional conditions on this proposed project. Additional conditions that could be prescribed by the BZA or the City Council for a project of this nature are listed below. Please note that this list is not meant to be an inclusive list, but it is intended to provide guidance to BZA members and Council of other options that are available for consideration as a condition of approval. Such conditions for approval could include: • • • • Requiring modifications to the landscaping plan . Limiting the location of any of the buildings or structures. Placing conditions on lighting. Placing limitations on hours of operations. Recommendation The City defines a "special exception" use 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. " Planning staff finds that the proposed uses will not have a negative impact on the surrounding uses nor will the proposed use impair the RD or MR district. Therefore, the Planning Division recommends approval of the requested special exception use. Rezoning The applicant is requesting a rezoning of 150 acres from Agricultural (A) to Residential Development (RD) . The rezoning would permit the construction of single-family homes within the development at a density greater than that allowed within the existing zoning district. PDP14-0007 April 23, 2015 Page 10 Findings of Fact The proposed rezoning is for the interior 150 acres of the project area that is currently zoned Agricultural. The RD zoning would allow for single-family homes with a density of 4.4 dwelling units per acre. The proposed RD is compatible with the Single-Family/Multi-Family (SM) future land use designation. Analysis: The Planning Division has reviewed this request based on the ten {10) standards provided within LUDR, Section 8.7.3 .B and offers the following analysis for consideration : 1} The extent to which the property is diminished by the proposed zoning of the property: The requested rezoning should increase the value of the property. The RD district allows a wider array of residential uses such as single-family homes, duplexes, and multi-family units, whereas the A district allows for a limited number of nonresidential, including agricultural uses and a small number of residential uses. 2} The extent to which the removal of a proposed change in zoning depreciates the value of other property in the area: Planning staff finds that the proposed rezoning would not depreciate any surrounding areas. The proposed RD zoning will be similar or identical to the zoning of the properties located to the north, east and south that have zoning that allows residential uses. The zoning of the property to the west is Agricultural, however, this property is developed with Mariner High School. 3} The suitability of the property for the zoning purpose: Planning staff finds that the property is well-suited for the requested RD zoning due to a number of factors. The property has a SM future land use designation, and the RD zoning will be compatible with this land use. The property is surrounded on three sides by residential uses. A portion of the project area is also zoned MRthat will provide for an area of mixed-used development. 4} The character of the neighborhood, existing uses, zoning of nearby and surrounding, and compatibility of the proposed zoning: The proposed rezoning is compatible with the surrounding area because the rezoning will allow for development of single-family homes in an area that is predominately residential. Staff finds that the proposed RD rezoning is more compatible than the existing A zoning, given that some agricultural uses can posses negative attributes associated with noise and smell. Staff also finds that the residential zoning will be compatible with the property to the west that is developed with Mariner High School. PDP14-0007 April 23, 2015 Page 11 5) The relative gain to the community as compared to the hardship, if any imposed, from rezoning said property: Planning staff finds that the proposed rezoning to RD will allow for residential zoning in a master-planned community, whose design is uncommon to the City of Cape Coral. The development will provide recreational and open space areas which are not typically found in many of the pre-platted areas of the City. 6) The community need for the use proposed by the zoning: Staff finds that the proposed rezoning will add single-family residential homes in a community design that is not common within the City. The development will also include future commercial or mixed-use development along Tropicana Parkway and Nelson Road that should promote and encourage walkability between residential and commercial uses. 7) Length of time the property proposed to be rezoned has been vacant, as zoned, when considered in the context of the City of Cape Coral Comprehensive Land Use Plan for the development of the proposed property and surrounding property: The property has maintained the SM future land use designation since the adoption of the Comprehensive Plan in 1989 and City records indicate that the area proposed for rezoning has retained the A zoning for over 30 years. 8) The extent to which the proposed zoning promotes the health safety, morals, or general welfare of this community: Because the proposed rezoning is consistent with the City's Comprehensive Land Use Plan, the proposed change assists the community in achieving its long-term vision by adding a style of housing development not typically found within the City of Cape Coral. 9) The extent to which the proposed zoning will impact the level of service standards for puplic facilities as specified in the Comprehensive Plan: The subject parcel is located in the City's Urban Service Reserve Area. All future development of the project will be required to connect to the City's utilities system. 10) Whether the proposed zoning is consistent with the City of Cape Coral's Comprehensive Land Use Plan: Planning staff finds that the proposed rezoning is consistent with the City's Comprehensive Plan as the RD district is compatible with the SM future land use classification . PDP14-0007 April 23, 2015 Page 12 Recommendation Planning staff finds that the proposed rezoning from A to RD is consistent with all standards found in LUDR, Section 8.7.3.B and is consistent with the City's Comprehensive Plan. Therefore, Planning staff recommends approval of the proposed rezoning. Master Development Plan Approval The applicant seeks master development plan approval for this project. Analysis The applicant proposes to construct a maximum of 337 single-family and the master development plan proposes adequate access and infrastructure to accommodate the requested use. The development plan also includes areas for recreational space and preservation lands. The project is phased and staff recommends that the construction of Phase 2 shall not begin until adequate access and infrastructure is provided through Phase lA or Phase lB. Recommendation Planning staff finds that the proposed master development plan is consistent with LUDR, Section 4.2 and 4.3, and recommends approval of the plan pursuant to the approval of the special exception and rezoning requests. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Stonewater PDP is consistent with the following Comprehensive Plan Policies: Chapter 3, Housing Element, Policy 4.4, Objective 5: The City will continue to maintain a high standard of quality for new and existing housing. The Stonewater development is providing a high standard of quality for new and existing housing. Chapter 7, Recreation and Open Space Element, General Goal: Enhance the quality of life in Cape Coral by developing a system of public parks, recreational facilities, and open space which meets the varied needs of present and future populations. The Stonewater development is providing areas of open space and two recreational areas to meet the various needs of the residents within Stonewater. PDP14-0007 April 23, 2015 Page 13 PROJECT RECOMMENDATION Staff finds that this PDP described within this report, as submitted by the applicant, is consistent with the City's Land Use and Development Regulations and the Comprehensive Plan. Planning staff recommends approval of this PDP, subject to the conditions outlined within the Development Order. NOTICE OF 1035 PUBLIC HEARING NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt ORDINANCE 15-15; AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "STONEWATER" FOR CERTAIN PROPERTY DESCRIBED AS PARCELS OF LAND LOCATED IN SECTION 10, TOWNSHIP 44, RANGE 23 EAST, CAPE CORAL, LEE COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF TROPICANA PARKWAY WEST AND NELSON ROAD; GRANTING REZONING FROM AGRICULTURAL TO RESIDENTIAL DEVELOPMENT; GRANTING SUBDIVISION; GRANTING DEVIATIONS, GRANTING A SPECIAL EXCEPTION FOR A MODEL HOME USE; GRANTING DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS. FURTHER that an application has been received from Ronald E. Inge, Trustee. FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency on Wednesday, May 6th, 2015 at 9:00 A.M. in the Council Chambers at City Hall. FURTHER that said request will be heard by the Cape Coral City Council on Monday, May 11th, 2015 at 4:30 P.M. in the Council Chambers at City Hall. FURTHER any person may appear at the public hearings and be heard, subject to proper rules of conduct. Written comments filed with the Director will be entered into the record. The hearings may be continued from time to time as necessary. FURTHER any person deciding to appeal any decision made at these hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. FURTHER in accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should contact the City Clerk’s office which is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1239-574-0411 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1800-955-8771 (TDD) or 1-800-9558770 (v) for assistance. FURTHER You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Please reference the case number below within your correspondence and mail to: Department of Community Development, Planning Division, P. O. Box 150027, Cape Coral, FL 33915-0027; or email [email protected]. For further information, please call Chad Boyko at 239-573 -3162 o r e mail at [email protected]. by order of Rebecca van Deutekom, MMC City Clerk REF # PDP14-0007 Sunday, April 26th, 2015 PDP 14-0007 ORDINANCE 15-15 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "STONEWATER" FOR CERTAIN PROPERTY DESCRIBED AS PARCELS OF LAND LOCATED IN SECTION 10, TOWNSHIP 44, RANGE 23 EAST, CAPE CORAL, LEE COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF TROPICANA PARKWAY WEST AND NELSON ROAD; GRANTING REZONING FROM AGRICULTURAL TO RESIDENTIAL DEVELOPMENT; GRANTING SUBDIVISION; GRANTING DEVIATIONS, GRANTING A SPECIAL EXCEPTION FOR A MODEL HOME USE; GRANTING DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, an application from Ronald E. Inge, Trustee, has been received requesting approval of a Planned Development Project (PDP) for "Stonewater"; requesting rezoning, subdivision, deviations, and special exception and WHEREAS, the request has been reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency;and WHEREAS, the City Council has considered the recommendations of the Planning and Zoning Commission/Local Planning Agency. NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS PURSUANT TO THE LAWS OF FLORIDA, AND OTHER APPLICABLE LAWS, THIS ORDINANCE: SECTION I. PDP APPROVAL, SUBDIVISION, EXCEPTION, REZONING. DEVIATION, SPECIAL Having reviewed the application requesting approval of a Planned Development Project for "Stonewater" PDP, requesting subdivision, requesting a rezoning for 150.1 acres from Agricultural (A) to Residential Development (RD), requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.3.D.Table RD that requires a minimum lot area of 10,000 square feet in order to allow minimiim lot areas of 5,000 square feet, requesting a deviation from Tlie City of Cape Coral Land Use and Development Regulations Section 2.7.3.D.Table RD that requires a minimum lot width of 80 feet at the building line in order to allow a minimum lot width of 50 feet at the building line, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.3.D.Table RD that requires a minimum front yard setback of 25 feet in order to allow a minimum front setback of 20 feet, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.3.D.Table RD that requires a minimum side yard setback of 7.5 feet in order to allow a minimum side yard setback of 5 feet, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.3.D.Table RD that requires a minimum rear yard setback of 20 feet, in order to allow a minimum rearyard setback of 10 feet, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.3.D.Table RD that allow a maximum building height of 30 feet in order to allow a maximum building height of 35 feet, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.18.E.Table MR that requires a minimum lot area of 10,000 square feet in order to allow a minimum lot area of 5,000 square feet, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.18.E.Table MR that requires a minimum lot width of 80 feet at the building line in order to allow a minimiim lot width at the building line of 50 feet, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.18.E.Table MR that requires a minimum side yard setback of 7.5 feet when abutting a right-of-way in order to allow a side yard setback of 5 feet, requesting a deviation from The City of Cape Coral Land Use and Development Regulations Section 2.7.18.E.Table MR that requires a rninimum side yard setback of 7 feet when not abutting a right-of-way in order to allow a side yard setback of 5 feet, requesting a deviation from the City of Cape Coral Land Use and Development Regulations Section 2.7.18.E.Table MR that requires a rear setback of 20 feet in order to allow a rear setback of 10 feet, requesting a special exception for a model home use in the Marketplace Residential district and the Residential Development district, requesting a deviation from the City of Cape Coral Engineering and Design Standards that requires a right-of-way width of 60 feet in order to allow a right-of-way width of 50 feet, requesting a deviation from the City of Cape Coral Engineering and Design Standards Sheet G5 that requires a type "F" curb and gutter, in order to allow the installation of a Valley gutter along the internal streets; and having considered the recommendations of the Planning and Zoning Commission and the Local Planning Agency, the City Council of the City of Cape Coral, Florida, does hereby grant the aforesaid PDP approval, and approve development plan, in accordance with plan set, Sheets 1-6, dated December 18, 2014, and also bearing a revision date of March 23, 2015, prepared by Barraco and Associates, Inc., and sheets 1-7, dated May 20, 2014, prepared by Barraco and Associates, Inc., for purposes of development plan approval pursuant to Section 4.2 of the City of Cape CoralLand Use and DevelopmentRegulations; from the date of adoption of this ordinance. Approval of the PDP shall be subjectto the terms and conditions set forth below. SECTION II. A. FINDING OF FACT/CONCLUSION OF LAW The "Stonewater" development is a Mixed-Use Planned Development Project (PDP). This development consists of 201 acres of landlocated at the southwest intersection of Tropicana Parkway West and Nelson Road. The proposed development will construct a maximum of 307 single-family homes along with two recreation areas and several lakes on 150 acres of land that is zoned Residential Development and Marketplace Residential. The remainder of the project, which is zoned Marketplace Residential, will be developed at a future time. The infrastructure for the project will be constructed in two phases with a buildoutperiod of ten years. Project phasing is depicted on Sheet 5 labeled "Phasing and Tract Plan" and is summarized below: 1. Phase 1A shall include: a. Construction of an entrance road from Nelson Road. b. c. Construction of left turn lane on Nelson Road and associated right-of-way improvements. The construction of infrastructure (roads, water, sewer,irrigation) for lots d. The construction of a maximum of 10 model homes. e. Construction of a recreation area as depicted on Sheet 3 labeled "Development Plan Details". within Phase 1A. 2. Phase IB shall include: a. b. c. Construction of an entrance road from Tropicana Parkway. Construction of left turn lane on Tropicana Parkway and associated right-ofway improvements. Construction of infrastructure (roads, water, sewer,irrigation) for lots within Phase IB. 3. d. Construction of a maximum of 10 model homes. e. Construction of a recreation area as depicted on Sheet 3 and labeled "Development Plan Details". Phase 2 shall include the construction of infrastructure (roads, water, sewer, irrigation) for lots within Phase 2. All infrastructure within Phases 1A and IB shall be completed prior to commencement of Phase 2 infrastructure, unless the infrastructure for Phases 1A, IB, and 2 are commenced simultaneously. B. The name(s) of the legal and equitable owneris Ronald E. Inge, Trustee. C. The legal description of the property is as follows: See attached Exhibit "A" D. The "Stonewater" PDP subject parcel has 150.1 acres zoned Agricultural (A) and 51.1 acres zoned Marketplace Residential (MR) pursuant to the authority of Chapter 166, Florida Statutes, and the Land Use and Development Regulations, Cape Coral, Florida, as same may hereafter be amended. The subject property has approximately 150.1 acres with a Future Land Use designation of Single-Family / Multi-Family (SM) and 51.1 acres with a Future Land Use designation of Commercial Activity Center (CAC). E. The City of Cape Coral Official Zoning District Map of all of the property within the limits of the City of Cape Coral is hereby amended with respect to real property described as follows: See attached Exhibit "B" by rezoning said property from Agricultural (A) TO Residential Development (RD), and the City administrative office shall amend the City of Cape Coral Official Zoning District Map to reflect this zoning change. That the amendment to the City of Cape Coral Official Zoning District Map as prescribed herein is consistent with the City of Cape Coral Comprehensive Plan. E. All future structures and uses, population density, building intensity, and building height and any other dimensional regulations shall conform to the provisions of the respective zoning district of the Land Use and Development Regulations, Cape Coral, Florida, as same may hereafter be amended. In addition, the development shall obtain all local development permits from the City of Cape Coral, Florida, and other governmental jurisdictions. Failure of this agreement to address a particular permit, condition, term, restriction, or zoning regulation shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, restrictions, or zoning regulations. F. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted StateLand Development Plan applicable to the area. G. The proposed development, as noted, is consistent with the adopted City of Cape Coral Comprehensive Plan, andthe City of Cape Coral Land Use andDevelopment Regulations. H. The term Developer for purposes of this development order shall mean and refer to Ronald E. Inge, Trustee, his successors in interest, lessees, and/or assigns. SECTION III. ACTION ON REQUEST AND CONDITIONS OF APPROVAL NOW, THEREFORE, be it ordained by the City Council of Cape Coral, Florida, in public meeting duly advertised, constituted and assembled, that the Planned Development Project application for Development Approval submitted by Ronald E. Inge, Trustee, is hereby ordained approved, subject to the following conditions, restrictions, and limitations deemed necessary for the public health, safety, and welfare. A. DRAINAGE/WATER QUALITY 1. Prior to the issuance of any site plan or building permits, a general permit and stormwater discharge certification shall be obtained from the South Florida Water Management District (SFWMD). No construction permit shall be issued until the City has received a copy of the approved South Florida Water Management District permit. 2. With each individual site development submitted, the Developer shall be required to provide on-site stormwater runoff provisions, with either a letter of compliance, modification, or exemption, as applicable, from South Florida Water Management District. 3. B. At completion of construction, as required by the conditions imposed by SFWMD and prior to the issuance of a Certificate of Occupancy, the Developer will be required to provide certification by the Engineer of Record that all stormwater infrastructure and facilities have been constructed in accordance with the design approved by SFWMD and the City of Cape Coral, and should consist of the wording "Construction Compliance Certification". HURRICANE EVACUATION/SHELTERING Prior to issuance of the building permits, the Developer shall meet with the Lee County Emergency Management, and Cape Coral Emergency Management officials to discuss and identify (if appropriate) any areas in the common portion of the project that may be utilized as public shelter. A letter documenting this meeting shall be submitted to the City. 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), Melaleuca quinquenervia (melaleuca), and schinus terebinthifolius (Brazilian Pepper), and all Category I invasive exotic plants listed by the Florida Exotic Pest Plant Council. 2. All landscaping and screening required in the subject development by either this Development Order or the City Code of Ordinances or the City Land Use and Development Regulations shall be maintained in good condition throughout the life of this development. 3. The Developer shall comply with the State of Florida regulations pertaining to the protection of gopher tortoise burrows located on the site and a protective barrier composed of stakes, silt fence, and rope or other suitable materials shall be placed around all existing gopher tortoise burrows, including any that are discovered during the life of the project. This requirement shall be waived if the Developer provides the City with evidence of a funded incidental take/mandatory relocation permit prior to the issuance of a City of Cape Coral permit for the excavation, grading, clearing, or any similar disturbance of the ground. Entombment of tortoises is strictly prohibited at all times, regardless of the type of permit procured by the applicant. When gopher tortoise burrows are located on the site, the Developer shall seek a gopher tortoise relocation permit from the State of Florida for some or all of the gopher tortoises that must be relocated on-site or removed from the site, and provide a copy to the City prior to issuance of a permit. In the event gopher tortoise relocation is off-site, then the Developer shall provide the City of Cape Coralwith a signed letter(s) of acceptance from the owner(s) of the property upon which the gopher tortoises will be relocated. The letter must state the number of gopher tortoises each property owner is willing 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 Eagle Nest Management Zone, the developer shall comply with all City laws, regulations, and guidelines that are currently in effect or that may be hereafter adopted by the City concerning the protection and management of bald eagle nests including, but not limited to Chapter 23 of the City Code of Ordinances. No development shall occur on any portion of the subject property that is within an Eagle Nest Management Zone except in accordance with a Bald Eagle Management Plan that has been approved by the City. Once an Eagle Management Plan has been approved by the City for all or a portion of the property, the Developer's ability to develop in accordance with such Plan shall not be affected by any amendment to the City's regulations concerning eagle nests, so long as no additional or "new" eagle nest need to be accommodated. In the event, however, that one or more eagle nests are hereafter established or determined to be active in locations that result in all or a portion of the subject property being located in a new or expanded Eagle Nest Management Zone, then no development shall occur in such new zone except in accordance with an Eagle Management Plan that has been approved by the City for such zone. D. E. F. FIRE PROTECTION 1. Fire impact fees shall be paid as specified by City Ordinance. 2. The Developer shall review site development plans with the Cape Coral Fire Department to incorporate fire protection design recommendations into the project. WATER CONSERVATION 1. The Developer shall incorporate the use of water conserving devices as required by state law (Section 553.14, Florida Statutes). 2. For the purpose of non-potable water conservation, the development should require, through the use of deed restriction, the utilization of Florida Yards and Neighborhoods (FYN) and other xeriscape principals, where feasible, in the design and installation of the project's landscaping. FYN materials and assistance are available through the Planning Division and the Environmental Resources Division. 3. Irrigation will be accomplished in accordance with City Ordinance(s) or South Florida Water Management District mandate as applicable. SOLID WASTE 1. The Developer and tenants of the project should investigate methods of reducing solid waste volume at the project. 2. The Developer and tenants of the project shall identify to the City, the presence of and the proper on-site handling and temporary storage procedures for hazardous waste that may be generated on-site, in accordance with local, regional, and state hazardous waste programs. 3. The Developer will require that an EPA/DEP approved holding storage tank be provided on-site along with the proper monitoring devices if a prospective user has the potential for producing toxic or industrial waste. These wastes shall be disposed of off-site by a company licensed to dispose of such wastes. 4. The Developer shall inform the waste hauler and disposer of the nature of any hazardous waste on the site, to determine if, and the extent of, any special precautions that may be necessary. 5. No solidwaste disposal facilities shall be located on site. 6. The Developerwill participate in recycling programs. 7. Solid waste disposal shall be provided through Lee County, Florida pursuant to Special Act, Chapter 85-447. Current and planned facilities have sufficient capacity to meet the demands of this development. G. WASTEWATER MANAGEMENT 1. Wastewater (sewer) service is not available to the site. 2. When service becomes available to the site, the Developer shall design, construct and install all improvements required by the City to connect to theCity's wastewater system. Said design, construction, and installation shall be accomplished in accordance with prevailing City design criteria and shall be subject to City inspection and approval prior to acceptance. 3. Wastewater containing hazardous materials shall be segregated and handled in accordance with Florida Department of Environmental Protection (DEP) criteria. Wastewater entering the City system shall meet quality limitations as specified by City Ordinance(s). 4. Sewer impact fees, betterment fees, and/or all other applicable fees shall be paid as specified by City Ordinance(s). 5. The Developer shall connect to City wastewater facilities as specified by City Ordinance. 6. The Developer shall grant appropriate easements to City for utility service prior to issuance of a building permit. Prior to connection of this development to City utility facilities, the Developer shallconvey to the City the component parts of the Wastewater system that were constructed by Developer by bill of sale in a form satisfactory to the City Attorney, togetherwith such other evidence as maybe required by the City that the utility system proposed to be transferred to the City is free of all liens and encumbrances. H. WATER SERVICE 1. Water service is available to the site. 2. The Developer shall design, construct and install all improvements required by the City to connect to the City's water system. Said design, construction, and installation shall be accomplished in accordance with prevailing City design criteria and shall be subject to City inspection and approval prior to acceptance. 3. Water impact fees, betterment fees, and/or all other applicable fees shall be paid as specified by City Ordinances(s). 4. The Developer shall connect to City water facilities as specified byCity Ordinance. 5. The Developer shall grant appropriate easements to City for utility service prior to issuance of a building permit. Prior to connection of this development to City utility facilities, the Developer shall convey to the City the component parts of the water system that were constructed by Developer by bill of sale in a form satisfactory to the City Attorney, together with such other evidence as may berequired by the City that the utility system proposed to be transferred to the City is free of all liens and encumbrances. I IRRIGATION SERVICE 1. Irrigation service is not available to the site. When service becomes available, Developer shall connect tothe City's irrigation system as prescribed by Ordinance. 2. When service becomes available, Developer shall connect to the City's irrigation system as prescribed by City Ordinance. The Developer shall design, construct, and install all improvements required by the City to connect to the City's irrigation system in accordance with prevailing City design criteria and shall be subject to City inspection and approvalprior to acceptance. 3. Irrigation betterment fees and/or all other applicable fees shall be paid as specified by City Ordinance(s). 4. The Developer shall grant appropriate easements to the City for utility service prior to issuance of a building permit. Prior to connection of this development to City utility facilities, the Developer shall convey to the City the component parts of the irrigation system that were constructed by Developer by Bill of Sale in a form satisfactory to the City Attorney, together with such other evidence as may be required by the City that the utility system proposed to be transferred to the City is free of all liens and encumbrances. J. 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 for permitting. 2. K. Each individual tract development will be required to comply with all federal, state and local laws and codes governing air qualityand emissions. HISTORICAL/ARCHAEOLOGICAL During the life of the project, if any historical or archaeological sites are uncovered, work in the vicinity shall cease until the proper authorities can be contacted and an evaluation of the site carried out. L. TRANSPORTATION 1. The traffic impacts of this development do not degrade roadway and intersection level of service (LOS) below LOS standards adopted in the City of Cape Coral Comprehensive Plan. 2. The Developer shall provide the City of Cape Coral all appropriate Road Impact Fees at the time of application for eachbuilding permit. 3. The Developer shall construct left and right turn lanes at the project entrance on Tropicana Parkway and a left turn lane at the project entrance at Nelson Road. These improvements shall take place during the construction of Phase 1A and IB as described in Section IIA. The turn lanes shall be in accordance with the City's Engineering and Design Standards. No Certificates of Occupancy for any single-family home shall be issued until these improvements have been inspected and approved by theCity's Public Works Department. 4. The developer is eligible for traffic impact fee credits should the developer construct additional road improvements toward the final 4-lane configuration of Tropicana Parkway. Should the developer and City staff reach a mutually agreeable plan for said improvements, a formal agreement may be brought before City Council for approval without modification of thisDevelopmentOrder. 5. The Developer shall convey to the City the component parts of the transportation infrastructure constructed by the Developer and being transferred to the City on a form acceptable to the City Attorney, together with such other evidence as may be required by the City that the transportation infrastructure is free ofall liens and encumbrances. 6. The City of Cape Coral reserves the right to request periodic Traffic Monitoring Report(s) before the development reaches build-out. The Developer shall pay all costs associated with producing the reports. The Developer shall prepare the methodology for the report and the methodology shall be approved by the City's Public Works staff prior to the Developer preparing the report. If this report shows impacts greater than those estimated at the time of original approval and/or determines that the LOS is degraded below adopted LOS standards, the Developer shall provide mitigation actions to assure that all roadways and intersections shall be improved so as to maintain the adopted peak hour LOS standard. The Developer shall be credited for mitigation already provided. M. SUBDIVISION 1. The Developer shall meet all requirements of Section 4.2.11., Minimum Design Standards, City of Cape Coral Land Use and Development Regulations. 2. Prior to submittal of the final subdivision plat for review the applicant shall apply for approval of site plans for the subdivision infrastructure in accordance with Section 4.4, Site Plan Review Procedure, City of Cape Coral Land Use and Development Regulations. 3. Prior to any final Subdivision Plat approval, either the Developer shall satisfactorily complete all of the required site improvements, or the Developer shall provide a surety bond or certified check in an amount equal to 110% of the estimated cost to complete all required site improvements, as determined by the City. Such surety bond or certified check shall be returned to the Developer after the Director has determined that all required improvements have been satisfactorily completed. N. 4. The final Subdivision Plat shall be substantially consistent with the approved Subdivision Plan with regard to external boundary and access points on Tropicana Parkway and Nelson Road. The internal configuration may be modified to the extent that any modifications comply with the zoning district regulations, the Engineering Design Standards, any conditions contained within this PDP development order and are approved by the Director. 5. The Director shall submit the Subdivision Plat for the Mayor's signature after all required site improvements have been satisfactorily completed or the City has received a surety bond or certified check in an amount of the estimated cost to complete of all required site improvements. Such Plat shall then be recorded with the Lee County Clerk pursuant to Chapter 177, Florida Statutes. A duplicate recorded mylar copy of the Plat shallbe submitted to the City. GENERAL CONSIDERATIONS 1. Prior to issuance of a permit, the Developer shall enter into an agreement, in a form acceptable to the City Attorney, regarding obligations resulting from landscaping located in utility easements. 2. The developer shall construct a six-foot high fence or wall along Nelson Road for areas that include single-family homes. The fence or wall shall be constructed of eitherwrought iron, aluminum, brick, concrete block stucco or stone. 3. The Developer shall install landscaping in the form of shrubs and canopy trees along the outside of the constructed fence or wall. 4. The Developer shall provide pedestrian access in the form of sidewalks and cross walks (where applicable) from the free-standing residential portion of the development to the future Marketplace Residential area. 5. Any future development occurring in the Marketplace Residential zoning district will require a PDP amendment. 6. O. The future development within the Marketplace Residential zoning district shall not contain any freestanding residential uses. All future development shall be non residential or compound use as determined by theMarketplace Residential district. CONCURRENCY The "Stonewater" PDP is concurrent for roads, sewer, water, drainage, solid waste, and parks based on the analysis ofthe proposed development and specific mitigation programs specified herein. SECTION IV. LEGAL EFFECT DEVELOPMENT AND LIMITATIONS ORDER, AND OF THIS ADMINISTRATIVE REQUIREMENTS A. This Development Order shall constitute an ordinance of the City of Cape Coral, adopted by this Council in response to the Planned Development Project application filed for the "Stonewater" PDP. B. This Development Order shall be binding on the Developer. Those portions of this Development Order which clearly apply only to the project Developer shall not be construed to be binding upon future owners of the project lots. It shall bebinding upon any builder/developer who acquires any tract of land within the PDP. C. The terms and conditions set out in this document constitute a basis upon which the Developer and City may rely in future actions necessary to implement fully the final development contemplated by this Development Order. D. All conditions, restrictions, stipulations, and safeguards contained in this Development Order may be enforced by either party hereto by action at law or equity, and all costs of such proceedings, including reasonable attorney's fees, shall be paid by the defaulting party. E. Any references herein to any governmental agency shall be construed to mean to include any future instrumentality which may be created and designated as successor in interest to or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order. F. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all applicable local or state review and permitting procedures, except where otherwise specifically provided. Such approval shall also not obviate the duty of the Developer to comply with any City Ordinance or other regulations adopted after the effective date of this Development Order. G. Subsequent requests for local development permits shall not require further review, unless it is found by the City Council, after due notice and hearing, that one or more substantial deviation(s), or other changes to the approved development plans which create a reasonable likelihood of adverse impacts which were not evaluated in the review by the City have occurred. Substantial deviations include but are not limited to: 1. Any change which requires a variance to code and above those specifically incorporated 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 as herein provided. 4. If development order conditions and applicant commitments incorporated within the Development Order to mitigate impacts are not carried out as indicated to the extent or in accordance with the Development Order, then this shall be presumed to be a substantial deviation from the Development Order. Upon a finding that any ofthe above is present, the City Council may order atermination of all development activity until such time as a new PDP Application for Development Approval has been submitted, reviewed and approved and all local approvals have been obtained. H. The physical development of the subdivision infrastructure authorized under this Development Order shall terminate in ten years from the date of adoption of this Development Order, unless an extension is approved by this Council. The Council may grant an extension if the project has been developing substantially in conformance with the original plans and approved conditions, and ifno substantial adverse impacts not known to Cape Coral at the time oftheir review and approval, or arising due to the extension, have been identified. For purposes ofdetermining when the buildout date has been exceeded, the time shall betolled during the pendency ofadministrative and judicial proceedings relating to development permits. All conditions imposed on the subject development shall remain in full force and effect throughout the life of the development unless rescinded or amended by the City and shall not be affected by any termination of the authorization for physical development. I. The Director of the Cape Coral Department of Community Development or his/her designee, shall be the local official responsible for assuring compliance with this Development Order. Upon reasonable notice by the City and at all reasonable times, the Developer shall allow the City ofCape Coral, its agents, employees, and/or representatives, access to the project site for the purpose of assuring compliance with this Development Order. J. With each subsequent application for site plan approval or PDP modification the Developer, or its successors in title to the undeveloped portion of the subject property, including individual parcels, shall provide an updated summary describing the state of development and compliance with the conditions within Section III.L and Section III.N of this Development Order The summary shall also identify cumulative data for the peak hour trips generated by existing and proposed development on each individual parcel, as compared to the overall peak hour trip generation approved for the entire subdivision project. K. Widiin thirty (30) days of adoption of this Ordinance, this Development Order shall be recorded in the Office of the Clerk of the Circuit Court by the Developer or Authorized Representative, who shall thereafter return the original recorded Development Order to die City. SECTION V. SEVERABILITY. In the event that any portion or section of this Ordinance is determined to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this 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 or after the effective date of this Ordinance are obtained solely at the risk of the Developer. ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR SESSION THIS DAY OF , 2015. MARNI SAWICKI, MAYOR VOTE OF MAYOR AND COUNCILMEMBERS: SAWICKI BURCH CARIOSCIA NESTA LEON ERBRICK WILLIAMS DONNELL ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF 2015. REBECCA VAN DEUTEKOM CITY CLERK APPROVED AS TO FORM: BRIAN R. BARTOS ASSISTANT CITY ATTORNEY ORD/pdp14-0007 Stonewater 10 EXHIBIT "A" Description A parcel of land located in the north half (N-1/2) of Section 10,Township 44 South, Range 23 East, City of Cape Coral, Lee County, Florida being more particularly described as follows: Commence at the northeast corner of said Section 10 and run West along the north line of said Section 10, N 89° 43' 29" W for 50.00 feet to the Point of Beginning of the herein described parcel. From said Point of Beginning run southerly parallel with and 50 feet west of the east section line of said Section 10, S 00° 00' 33" W for 2,692.99 feet to the east/west quarter section line of said Section 10; thence run westerly along said quarter section line, N 89° 55' 45" W for 3309.01 feet; thence run N 00° 03' 04" E for 2697.88 feet to the north line of said Section 10; thence run easterly along said north line N 89° 40' 51" E for 666.88 feet and S.89° 43' 29" E for 2640.19 feet to the Point of Beginning. Less and excepting therefrom that portion described in Official Records Book1817 page 1072, Public Records of Lee County, Florida. Bearings are based on the east line of the north half (N-1/2) of Section 10 bearing N 00° 00' 33" E. 11 EXHIBIT «B" DESCRIPTION Parcel in Section 10, Township 44 South, Range 23 East City of Cape Coral,Lee County, Florida A tract or parcel of land lying in Section 10, Township 44South, Range 23 East, City of Cape Coral, Lee County, Florida, said tract or parcel of land being more particularly described as follows: Commencing at the East Quarter Corner of said Section 10 run N89°56'37"W along the Southline of the North Half (N 1/2) of said Section 10 for 450.00 feet to an intersection with the West line of the East 450 feet of said Fraction and the POINT OF BEGINNING. From said Point of Beginning continue N89°56'37"W along said South line for 2,908.75 feet to and intersection with the Easterly line of a lands described in a deed recorded in Official Records Book 1763, at Page 3347, Lee County Records; thence run N00°02'12"E along said Easterly line for 2,247.45 feet to an intersection with the South line of the North 450 feet of said Fraction; thence run along said South line following two (2) courses: N89°39'59"E for 667.45 feet and S89°44*21"E for 2,239.91 feet to an intersection with said West line of the East 450 feet of said Fraction; thence run S00°00'02"W along said West line for 2,244.01 feet to the POINT OF BEGINNING. Containing 150.10 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida West Zone (1983/NSRS 2007) and are based on the East line of the Northeast Quarter (NE 1/4) of said Section 10 to bear S00°00'02"W. 12 City of Cape Coral Department of Community Development April 17, 2015 RE: PDP14-0007/Ordinance 15-15 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 submitted by "Ronald E. Inge, Trustee ". The applicant is requesting approval of Ordinance 15-15; that approves a Planned Development Project in the City of Cape Coral, Florida entitled “Stonewater” for certain property described as parcels of land located in Section 10, Township 44, Range 23 East, Cape Coral, Lee County, Florida as more particularly describe herein. Property is located at the southwest intersection of Tropicana Parkway West and Nelson Road. Granting Rezoning from Agricultural to Residential Development; granting subdivision; granting deviations, granting a special exception for a model home use; granting development plan approval pursuant to Section 4.2 of the City of Cape Coral Land Use and Development Regulations; providing for findings of fact and conclusions of law; providing for action on request and conditions of approval; providing for legal effect and limitations of this PDP Development Order and Administrative Requirements. The request will be reviewed by the Cape Coral Planning and Zoning Commission / Local Planning Agency on May 6th, 2015 at 9:00 A.M. in the Council Chambers at City Hall. City council will hear ORD 15-15 on MONDAY, May 11th, 2015 at 4:30 P.M. in the Council Chambers at City Hall. Both Public hearings will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, Florida, 33990. 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 Chad Boyko at 239-573-3162 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. 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 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 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] 67 66 64 62 60 59 58 57 55 53 52 51 50 49 48 46 44 43 123 5678 4 26 66 64 65 00006 500' Proximity Boundary 30 31 32 33 34 35 36 37 38 39 40 41 42 LARCH RD 29 28 27 26 25 24 23 22 21 20 19 43 44 73 ST NW 2ND 33 34 33 34 35 35 52 1 32 11 12 13 14 15 16 17 18 45 46 WHISPERING PINES RD 0 STAPLE CANAL 39 41 43 45 47 49 50 51 37 32 33 34 19 21 22 14 24 16 26 18 28 30 15 17 19 21 23 34 35 33 36 38 31 32 03670 5 6 10 7 8 9 9 8 7 6 5 4 3 2 1 NW 7TH TER NW 6TH ST 47 78 77 76 73 74 6 Legend 1 2345 78 77 76 73 74 6 SubjectParcel 1 234 500 ft Boundary 5 A C1 789 1234 6 5 45 49 50 87 43 51 52 86 85 42 53 02604 40 55 54 83 84 32 38 57 56 81 82 4 6 5 12 36 59 58 79 78 60 87 34 61 77 9 62 75 32 11 31 64 73 29 66 13 21 71 27 68 15 19 69 26 70 17 17 67 24 16 72 19 65 22 14 64 74 21 63 20 75 22 12 23 19 76 11 61 17 78 25 10 59 9 26 79 8 15 27 80 7 81 57 6 13 82 56 5 30 4 54 55 11 83 31 32 32 10 9 85 52 53 8 1 34 87 50 51 35 88 67 36 2 5 89 49 37 1 90 48 4 3 91 47 92 2 1 93 MR P1 104 37 38 1 234567 89 36 39 02565 40 41 32 43 44 30 46 1234567 89 28 48 02566 26 50 24 52 22 54 456 9 123 78 20 55 56 18 57 16 59 60 61 1 2 3 45 6 78 9 35 33 31 29 27 25 23 21 19 17 15 13 3 1 2 45 78 77 11 76 74 13 21 20 23 19 23 24 18 25 24 17 26 26 16 27 15 28 15 28 13 29 30 13 30 12 11 31 11 32 10 9 33 10 9 34 8 35 34 35 7 8 36 76 36 6 5 37 38 5 38 4 4 3 39 3 40 40 2 2 42 42 1 R1B RD Canals/Lakes µ NW 3RD ST 3 3 74 4000 72 36 35 03658 50 51 52 53 54 55 56 57 58 59 61 62 63 43 45 47 48 HONEYMOON LAKE 20 19 11 13 15 17 41 39 31 30 38 24 29 37 26 36 27 27 35 25 34 29 33 32 31 30 23 22 21 37 38 39 40 41 NW 3RD TER 00004 11 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 32 33 81 82 35 80 78 76 74 73 11 71 13 5 1 2 34 6789 32 33 34 35 30 37 36 31 39 59 33 34 41 58 35 57 43 37 44 55 45 54 39 53 47 41 51 43 78 49 44 76 48 47 46 75 74 NW 12TH PL NW 4TH ST 31 10 12 14 4 6 89 5 7 71 3 68 2 10 11 12 13 14 15 69 16 16 67 17 17 18 18 49 65 19 19 20 63 21 21 62 22 22 23 6 24 60 1 24 25 25 26 27 28 27 29 29 30 1 NW 14TH AVE 31 23 22 15 46 45 32 24 17 43 33 25 18 34 26 36 35 41 27 20 28 40 39 38 37 29 22 2001 Case No.PDP14-0007 BLOCK E1000 LOTS 2000-3000 10 3000 NELSON RD N 00003 ZONING MAP 500 Proximity Boundary 76 74 75 00001 1000 Department of Community Development Planning Division NW 6TH PL Subject Parcel CITY OF CAPE CORAL 9 NW 2ND LN NW 2ND TER April 17, 2015 12 62 61 60 00002 2000 02554 NW 7TH PL 23 21 24 19 26 25 17 28 27 15 30 29 13 32 31 11 34 33 10 9 35 8 36 37 7 38 39 5 6 40 41 3 4 42 2 44 1 48 49 47 50 45 51 52 44 53 43 54 41 55 56 57 39 58 38 37 60 36 61 63 34 64 32 66 30 67 68 28 70 26 72 24 74 22 76 20 78 18 80 16 81 15 82 13 84 83 11 86 85 10 9 87 88 89 78 6 90 91 4 5 92 93 3 2 94 95 1 96 12345678 16 TR TUSCARORA CANAL 02553 NW 7TH AVE TROPICANA PKWY W 71 69 16 15 14 13 12 11 10 NW 8TH TER 6 234 5 789 11 12 19 14 17 15 16 3 1 2 456 89 7 1 32 32 31 31 29 29 27 27 26 26 46 24 24 45 22 11 22 11 43 21 13 20 13 42 19 14 41 18 15 18 15 39 17 16 17 16 65 3 8 12 4567 9 02899 HERMOSA CANAL 30 28 26 24 22 58 60 62 64 52 53 54 56 55 9 32 1 62 10 63 62 11 9 10 9 32 33 11 32 34 8 65 64 8 34 35 8 65 7 76 66 6 7 36 6 67 67 37 5 38 5 68 38 45 4 3 69 3 4 40 70 2 71 2 2 41 72 1 1 42 1 42 32 21 987654 10 9 11 64 78 6 66 5 4 68 3 69 2 71 1 69 68 67 56 65 10 55 10 54 63 12 12 52 61 14 13 13 14 50 15 15 59 16 16 17 17 47 11 56 19 19 45 12 20 54 20 21 44 13 21 22 22 42 15 51 24 23 23 24 40 17 25 25 49 26 38 19 48 27 27 26 36 21 20 46 28 29 29 28 6 78 66 68 3 5 4 62 10 62 63 9 63 8 65 64 7 8 64 65 76 66 6 66 67 5 68 5 67 4 43 69 70 3 71 2 2 1 1 72 11 74 72 KIMBERLY LAKE 45 46 47 48 49 27 25 23 21 19 18 17 10 11 12 13 14 15 16 11 18 17 50 13 20 19 48 15 22 21 16 23 45 18 17 24 25 43 20 19 26 21 28 27 22 23 30 29 39 38 25 32 31 36 27 34 33 34 29 36 35 32 31 37 38 39 64 40 41 63 42 62 43 61 44 59 45 46 58 47 57 48 55 50 11 54 51 52 52 12 14 54 50 15 56 17 48 47 18 58 45 20 60 43 22 62 41 23 64 25 39 65 37 27 28 29 68 35 30 69 33 32 70 71 HERMOSA CANAL 26 27 28 29 30 31 32 33 34 35 36 37 42 NW 9TH ST 62 61 60 59 57 55 53 10 02897 50 65 22 63 25 61 27 59 29 57 31 55 54 34 52 36 50 48 39 46 41 44 45 43 25 26 27 29 31 33 35 37 39 40 41 43 44 21 22 98765432 1 1 NW 9TH TER 85 89 9 10 1 2 42 78 6 5 123456789 4 3 2 1 83 81 82 82 80 79 80 81 78 78 79 76 77 76 52 73 74 75 51 72 73 50 10 71 11 69 71 48 13 47 67 69 15 45 68 65 66 17 43 63 64 19 41 61 62 21 39 59 61 23 57 59 24 36 56 25 55 57 34 27 54 53 55 28 52 29 31 51 53 30 30 50 31 29 49 51 32 48 27 33 47 49 34 46 35 45 47 36 44 37 43 45 38 42 43 40 39 41 40 7 20 21 22 23 24 25 26 28 29 38 39 6 47 33 46 46 45 31 44 45 44 10 29 42 11 42 12 27 40 13 26 14 39 38 24 37 36 17 22 35 35 19 20 33 21 32 31 17 23 30 29 15 25 28 27 26 27 12 10 10 9 49 8 51 7 6 5 53 54 3 4 55 2 57 56 58 1 29 28 26 24 21 19 18 16 14 0 270 540 810 1,080 Feet This 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, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. SRB 500 FT BOUNDARY PROPERTY OWNERS-PDP14-0007- Windham Development / Herbert Owner Strap Owner Information Zoning FLU Block/Lot 034423C4028420440 ACOSTA CARLOS E 2842 555 NW 116TH ST 44 MIAMI FL 034423C3028410190 ADAM LAND INVESTMENTS LLC 2841 308 E 72ND ST #9D 19 NEW YORK NY 034423C3028400470 ADAMS HOMES OF NW FLORIDA INC 2840 3000 GULF BREEZ 47 GULF BREEZE FL 034423C3028410170 ADAMS HOMES OF NW FLORIDA INC 2841 3000 GULF BREEZ 17 GULF BREEZE 104423C4036740320 AGUILA MILEIXY 3674 1415 NE 1ST ST 32 CAPE CORAL 034423C3028410400 AHMAD JALAL 2841 27 SUTTON ST 40 BROOKLYN 034423C3028400610 AHMADI AJMAL 2840 2070 RUE GEORGE 61 SAINT-HUBERT 034423C3028410610 ALI RUKIYA 2841 8870 PASEO DE VA 61 FORT MYERS 114423C4025520850 APPLEGATE D CAROLENE 2552 334 NW 7TH PL 85 CAPE CORAL 104423C4036730300 ARAQUE EDWIN + LIGIA 3673 12372 SW 94TH TE 30 MIAMI 034423C4028990010 ARCE-NUNCE ESPERANZA 2899 13204 SW 13TH ST 1 MIAMI Thursday, April 23, 2015 FL FL NY QC FL FL FL FL 1301 TROPICANA PKWY W P1 CP 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