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HomeMy WebLinkAboutSample -City of Fort Myers Land Regulation Chapter 25ORDINANCE NO. 3097 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA; AMENDING THE CITY CODE, SUB -PART B, GROWTH MANAGEMENT CODE, CHAPTER 25, LAND USE REGULATIONS, ARTICLE II DISTRICTS, DIVISION 10. PLANNED UNIT DEVELOPMENT DISTRICT BY CREATING SECTION 25-213 TRANSITIONAL DEVELOPMENT APPROVAL PROCESS FOR THE DOWNTOWN REDEVELOPMENT DISTRICT; RESERVING SECTIONS 25-214 THROUGH 25-225; PROVIDING FOR CONFLICTS; PROVIDING FOR A TERM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: The City of Fort Myers is engaged in a planning process applicable to the area designated "Downtown Redevelopment District" ("Downtown") in the City's adopted Comprehensive Plan, which is the same area adopted as the "Community Redevelopment Agency Downtown Area" on September 17, 1984 by Ordinance No. 2249, and which is on file in the City Clerk's Office; and WHEREAS: That process has involved multiple public meetings, meetings of the City Council, meetings of the Community Redevelopment Agency and work by the City's staff and consultants, including a planning charrette held November 12-20, 2001; and Continued Public Hearing: April 7, 2003 ORDINANCE NO. 3097 WHEREAS: The "Downtown Fort Myers Plan" ("Downtown Plan") dated April 2002 and prepared by Duany Plater-Zyberk & Company, which is on file in the City Clerk's Office, and adopted in principle on April 22, 2002 and with final adoption on April 7, 2003, describes the City's goals for development in the Downtown and will be the basis for changes to the City's Comprehensive Plan; and WHEREAS: The "Smart Code" ("Smart Code") dated April 19, 2002 and prepared by Duany Plater-Zyberk & Company, which is on file in the City Clerk's Office, and adopted in principle on April 7, 2003, provides detailed development regulations for the Downtown and is anticipated to be the basis for changes to the City's Growth Management Code; and WHEREAS: The Streetscape Plan ("Streetscape Plan") dated April, 2002 and prepared by Genesis Planning Group, which is on file in the City Clerk's Office, provides design guidelines for Downtown development and was adopted in principle on April 7, 2003; and WHEREAS: The City has begun preparing the necessary Comprehensive Plan Amendments to implement the plans for the redevelopment of Downtown; and WHEREAS: The City expects the final versions of the Smart Code, Streetscape Plan and Comprehensive Plan Amendments (together Continued Public Hearing: April 7, 2003 2 ORDINANCE NO. 3097 the "Proposed Regulations") necessary to implement the vision for the Downtown to be adopted within one (1) year of the effective date of this ordinance; and WHEREAS: It is necessary and appropriate to adopt transitional development approval requirements in order to prevent incompatible development within the Downtown during the period while the City finalizes, holds the necessary public hearings, and adopts the Smart Code, Streetscape Plan and the Comprehensive Plan Amendments referenced above; and WHEREAS: The City's Planned Unit Development ("PUD") regulations, codified at Subpart B, Growth Management Code, Chapter 25, Land Use Regulations, Article II Districts, Division 10 Planned Unit Development District (PUD) of the City Code, are intended to allow flexible development standards and, with minor modifications, can be readily adapted to govern development in the Downtown area consistent with the proposed City regulations during this transitional period; and WHEREAS: This ordinance was heard and recommended by the Planning Board on October 9, 2002, in its capacity as the Local Planning Agency of the City; and Continued Public Hearing: April 7, 2003 3 ORDINANCE NO. 3097 WHEREAS: After due notice and hearing, the City Council finds that these transitional development regulations for the Downtown are appropriate, advance the public health, safety and welfare, and are consistent with the Comprehensive Plan. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION 1. The City Code, Sub -Part B, Growth Management Code, Chapter 25, Land Use Regulations, Article II Districts, Division 10. Planned Unit Development District is hereby amended by creating Section 25-213 Transitional development approval process for the downtown redevelopment district to read as follows: Sec. 25-213. Transitional development approval process for the downtown redevelopment district. (a) The Downtown Fort Myers Plan, dated April 2002, was adopted in principle on April 22, 2002, with final adoption on April 7, 2003; and the Smart Code, dated April 19, 2002, and the Streetscape Plan, dated April 2002, were adopted by the City Council in principle on April 7, 2003. (b) During the time that this section is in effect, these transitional zoning regulations shall govern the Continued Public Hearing: April 7, 2003 4 ORDINANCE NO. 3097 issuance of development approvals, including development orders and development permits as those terms are defined in Section 163.3164, Fla. Stat., and comprehensive plan amendments. (c) After the effective date of this section, development approvals for property located within the downtown redevelopment district shall be issued in accordance with the following conditions: The planned unit development regulations shall be applied to all proposals for new development (vacant land) within the downtown redevelopment district. (2) Items a. through g. below shall be exempt from the Planned Unit Development process, and shall instead be reviewed for exterior improvements in accordance with the requirements of the Growth Management Code. The list of permitted uses and other interior requirements shall comply with the Smart Code. a. Signs. Continued Public Hearing: April 7, 2003 5 ORDINANCE NO. 3097 (3) b. Interior remodeling only. c. Like replacement. d. Routine maintenance and repair. e. Single family residential development. f. Historic rehabilitation and or/restoration in compliance with the Secretary of the Interior Standards, or the occupancy of a historic landmark or a contributing structure within the Downtown Historic District with a permitted use that proposes no additional square footage. Properties designated as "District" have the option of applying for a planned unit development or following the former underlying land use district regulations in effect prior to April 7, 2003. Improvements which may include additions or renovations that meet the Downtown Fort Myers Plan, Smart Code and Streetscape g. Continued Public Hearing: April 7, 2003 6 ORDINANCE NO. 3097 Plan, may be approved through an administrative development approval process. Administrative development approval may be granted after review at a publicly noticed meeting and pursuant to subsection (4) a. and (4) b.iv. & (4) b.v. below, except that no deviations may be granted. (4) Proposed accumulative improvements to existing buildings that do not exceed 50% of the market value of the existing building(s) (excluding land value), as determined by an MAI designated real estate appraiser, may be approved through an administrative development approval process. Proposed accumulative improvements may include but are not limited to interior and exterior renovations and may be attached or detached buildings, but shall not exceed the amount of total existing square footage. Continued Public Hearing: April 7, 2003 7 ORDINANCE NO. 3097 a. A request for an administrative development approval may be granted by the development review/ licensing manager, with the consent of the planning manager, public works director, parks manager, fire marshal, downtown redevelopment director, or their designees, and with recommendations from Duany Plater- Zyberk & Company, consultants, including any deviations from the Downtown Fort Myers Plan, Smart Code or Streetscape Plan. b. Administrative development approval shall be granted only when the development review/ licensing manager, planning manager, public works director, parks manager, fire marshal, and downtown redevelopment director find, at a Continued Public Hearing: April 7, 2003 8 ORDINANCE NO. 3097 publicly noticed meeting, that the following criteria have been met: i. The proposed improvements are consistent with the health, safety and welfare of the abutting landowners and the general public. ii. Special conditions may be attached to the approval to address unique aspects of the parcel to protect a bona fide public interest. iii. An application for administrative development approval shall include a real estate appraisal reflecting the market value of the existing building(s). The appraisal shall be prepared by an MAI designated real estate appraiser no sooner than 6 months before Continued Public Hearing: April 7, 2003 9 ORDINANCE NO. 3097 submittal of the application. In addition, engineering and/or architectural cost estimates of the value of the proposed improvements shall be submitted. The applicant shall certify that the proposed improvements are below 50% of the market value of the existing building(s). The application shall include a full analysis that demonstrates how the proposed improvements are consistent with the Downtown Fort Myers Plan, the Smart Code, the Streetscape Plan and the draft Comprehensive Plan Amendments as described in subsection (6) below. The application will demonstrate how the proposed Continued Public Hearing: April 7, 2003 10 ORDINANCE NO. 3097 improvements will provide benefit to or at least not be to the detriment of, the public interest, and will provide for good planning and design. iv. The development review/licensing manager, with the consent of the planning manager, public works director, parks manager, fire marshal, and downtown redevelopment director, shall issue a written decision approving, denying, or approving with conditions the application. The written decision must clearly identify the approval requested by the applicant and the basis of the final administrative action of the city. If the development review/licensing manager, with Continued Public Hearing: April 7, 2003 11 ORDINANCE NO. 3097 (5) consent from the planning manager, public works director, parks manager, fire marshal, and downtown redevelopment director, denies the administrative development approval, this does not preclude the applicant from submitting a planned unit development application in accordance with subsection (6) below. The written decision shall be maintained on file in the city clerk's office. v. All applications for administrative development approval shall include a nine hundred fifty dollar ($950.00) review fee. Proposed accumulative improvements that equal or exceed 50% of the market value of Continued Public Hearing: April 7, 2003 12 ORDINANCE NO. 3097 the existing building(s) as determined by an MAI designated real estate appraiser, or new construction that exceeds the square footage of existing buildings, may be finally approved by the city council after a public hearing. The city council shall review the application after administrative review pursuant to the procedures and standards in subsection (4) above, except that the administrative review shall result in a recommendation to the city council, and the applicant shall certify that the proposed improvements are 50% or more of the market value of the existing building(s) . (6) Where the planned unit development regulations specify that development shall be evaluated in relation to the "nearest logical land use district," in Section 25-212 of the growth management code, the proposal shall instead be evaluated in relation to the following: Continued Public Hearing: April 7, 2003 13 ORDINANCE NO. 3097 a. The Downtown Fort Myers Plan, prepared by Duany Plater-Zyberk 8v Company, dated April 2002, adopted on April 7, 2003, on file in the city clerk's office. b. The Smart Code dated April 19, 2002 and prepared by Duany Plater-Zyberk 8v Company, on file in the city clerk's office. c. The Streetscape Plan dated April, 2002 and prepared by Genesis Planning Group, on file in the city clerk's office. d. Regulations utilized by the historic preservation commission. e. The draft Comprehensive Plan Amendments, with a transmittal date of April 7, 2003, on file in the city clerk's office. f. Any other applicable development regulations contained in the Growth Continued Public Hearing: April 7, 2003 14 ORDINANCE NO. 3097 (7) Management Code not specifically addressed in the above items, including but not limited to utilities, impact fees, fire prevention, buffer yards and landscaping, etc. The planned unit development regulations shall be applied to development proposals with the intent to further the City's goals and objectives for the downtown redevelopment district, as set forth in the Downtown Plan, the Smart Code and the Streetscape Plan. (8) An applicant for planned unit development in the downtown redevelopment area shall pay the following application fee: ten (10) acres or less two thousand five hundred dollars ($2,500.00); greater than ten (10) acres five thousand dollars ($5,000.00). The fee for an amendment to a previously approved planned unit development is one-half (1/2) of the amount of the original application fee. Continued Public Hearing: April 7, 2003 15 ORDINANCE NO. 3097 (9) Determination of vested rights or denial of all economic use. a. Nothing in this section shall be construed or applied to abrogate the vested right of a property owner to complete development of a parcel where the property owner can demonstrate by substantial competent evidence each of the following: i. A development approval from the city as described in subsection (b), above, was obtained prior to the effective date of this section; and ii. Upon which the property owner has detrimentally relied, in good faith, by making substantial monetary expenditures; and iii. That it would be highly inequitable to deny the property Continued Public Hearing: April 7, 2003 16 ORDINANCE NO. 3097 owner the right to complete the development. b. Nothing in this section shall be construed or applied to prevent development of a particular parcel where the property owner can demonstrate by substantial competent evidence that, because of the transitional development approval process, no economic use can be made of the parcel. c. Any property owner claiming vested rights or denial of all use under this subsection (9) must file an application with the city council for a determination within ninety (90) days after the effective date of this section. The application shall be accompanied by an application fee of five hundred dollars ($500.00) and contain a sworn statement as to the basis upon which Continued Public Hearing: April 7, 2003 17 ORDINANCE NO. 3097 the vested rights or denial of all use are asserted, together with documentation required by this section and other documentary evidence supporting the claim. The city council shall hold a noticed public hearing on the application. Based upon the competent substantial evidence submitted, the city council shall make a determination by ordinance as to whether the property owner has established vested rights or a lack of economic use for the parcel. d. Judicial review of final decisions by the city council under subsection (9) of this section shall be by the filing of a Petition for Writ of Certiorari in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County in accordance with the Florida Rules of Appellate Procedure for the review of Continued Public Hearing: April 7, 2003 18 ORDINANCE NO. 3097 the quasi-judicial decisions of municipalities. e. Exhaustion of administrative remedies. No property owner claiming that this section as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the applicable administrative remedies provided in this section. Section 25-213 - 25-225 Reserved. SECTION 2. Conflicts. All sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordinances, and all resolutions, or parts of resolutions, in conflict with this ordinance are repealed to the extent of such conflict. SECTION 3. Term. The transitional development approval process imposed by this ordinance is temporary until the adoption of the Continued Public Hearing: April 7, 2003 19 ORDINANCE NO. 3097 Comprehensive Plan Amendments, unless dissolved earlier by the city council. SECTION 4. Severability. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than that part declared to be invalid. SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption. 4-9-03 Continued Public Hearing: April 7, 2003 20