RESOLUTION
RESOLUTION
WHEREAS, Richard
has
properly
filed
Planned
Development;
OF THE BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
K. Bennett,
Trustee,
an application
for
and
WHEREAS, the subject
Oaks Parkway
and Koreshan
NUMBER Z-94-010
property
is
Boulevard,
in
a
located
described
reference
rezoning
on the
more
to Corlico
Land Trust,
from AG-2
to Commercial
northwest
particularly
comer
as:
of
Three
LEGAL DESCRIPTION:
In Section
22, Township
46 South,
Range 25 East,
Lee
County,
Florida:
A portion
of the Southeast
Quarter
(SE1/4)
of Section
22, Township
46 South,
Range 25 East,
Lee County,
Florida,
being more
particularly
described
as follows:
Commence at the Southeast
comer
of Section
22, Township
46 South,
Range 25 East,
Lee County,
Florida,
the same being
the POINT OF
INTERSECTION of the centerline
of Koreshan
Boulevard
as the same is
shown on the right-of-way
map of same prepared
by Ink Engineering,
Inc.,
dated
10/6/89,
with the Westerly
right-of-way
line
of Three
Oaks Parkway,
a 100.00
foot right-of-way;
THENCE run NOOO52'52"E
along
the East line
of the Southeast
Quarter
(SE1/4)
of said Section
22, the same being
the Westerly
right-of-way
line
of Three Oaks Parkway,
for a distance
of 127.65
feet
to a point
on the Northerly
right-of-way
line
of Koreshan
Boulevard
and the
POINT OF BEGINNING of the parcel
of land herein
described;
THENCE continue
NOOO52'52"E
along
the Westerly
right-of-way
line
of
Three Oaks Parkway,
for a distance
of 1,161.51
feet;
THENCE run S88O38'59"W
parallel
with
the South line
of the Southeast
Quarter
(SE1/4)
of said Section
22, for a distance
of-1,312.87
feet
to a point
on the West line
of the East Half
(E1/2)
of the Southeast,
Quarter
(SE1/4)
of said Section
22;
THENCE run SOO"07'09"W
along the West line
of the East Half
(E1/2)
of the Southeast
Quarter
(SE1/4)
of said Section
22, for a distance
of 1,213.58
feet
to a point
on the Northerly
right-of-way
line
of
Koreshan
Boulevard;
THENCE run N88O38'59"E
along
the Northerly
right-of-way
line
of
Koreshan
Boulevard,
for a distance
of 611.99
feet;
THENCE run N87°54'47"E
along
the Northerly
right-of-way
line
of
Koreshan
Boulevard,
for a distance
of 350.03
feet:
THENCE run N88O38'59"E
along
the Northerly
right-of-way
line
of
Koreshan
Boulevard,
for a distance
of 286.82
feet
to the beginning
of a tangential
circular
curve,
concave
Northwesterly;
THENCE run Northeasterly,
along the arc of said curve to the left,
having
a radius
of 50.00 feet,
through
a central
angle of 87O46'07",
subtended
by a chord of 69.32 feet
at a bearing
of N44O45'56"E,
for
a distance
of 76.59 feet
to the POINT OF BEGINNING.
WHEREAS, the applicant
are:
22-46-25-OO-01001.102A,
and 22-46-25-00-01001.1020;
has
indicated
the property's
22-46-25-OO-01001.102B,
and
WHEREAS, proper
authorization
Richard
K. Bennett,
the trustee
pursue
this
zoning
application;
of
and
has
the
been
subject
current
STRAP numbers
22-46-25-00-OlOOl.l02C,
given
to
parcel,
Carleton
Ryffel
to act as agent
by
to
WHEREAS, a public . hearing
was legally
and properly
advertised
and held
before
the Lee County Hearing
Examiner,
with full
consideration
of all
the
evidence
available;
and the Lee
County Hearing
Examiner
fully
reviewed
the
matter
in a publ.Jc hearing
held on March 22, 1994; and
WHEREAS, a public
hearing
was legally
and properly
advertised
and held
before
the Lee County
Board of County Commissioners;
and the Lee County Board
of County
Commissioners
gave full
and complete
consideration
to the recommendations
of the staff,
the Hearing
Examiner,
the documents
on file
with the
and the testimony
of all interested
persons.
county,
HEARING NUMBER 94-03-22-DCI-01
9750
RESOLUTION
NUMBER Z-94-010
Page 1 of
4
6.
The developer shall be entitled
to continue bona fide agricultural
uses
that
are now in existence
on the property.
However, no development
activity
of any kind shall occur on the property,
including
clearing of
or cutting of trees, unless such activity
is reviewed and
vegetation
aunroved in accordance with all applicable
Lee County regulations
asif
no agricultural
use existed on the property.
The purpose of this condition
is to eliminate
any exemptions or other special considerations
or
procedures
that might otherwise
be available
under Lee County regulations by virtue of the existing
agricultural
uses on the property.
7.a.
CPD shall be in accordOpen space requirements'for
Corlico Land Trust
ance with Note #8 on the Master Concept Plan, date stamped received
November 4, 1993.
b. The abutting portions of the western 40-foot-wide
buffer may be credited
toward the allotted
open space requirements for the two northern lots
labeled as "Office 3 Story", as long as the Development Order plans show
each parcel's
lot lines extending into that portion of the buffer to be
credited toward the open space requirements.
8.
This zoning approval
does not indicate that
the project's
traffic
impacts
have been mitigated.
Additional
conditions
may be required at
the time of issuance of a local
Development Order, per the Development
Standards Ordinance or other Lee County Ordinance.
9.
Approval
of this rezoning does nothing more than change the zoning district
wherein the subject property lies, and does not grant or vest in
the developer any present or future development
rights that may exceed
any Lee Plan use restrictions
as set forth in 2010 (Roberts) Overlay or
any other Lee Plan provision.
10.
Deviation
(1) is a request
to deviate
requirements
(Zoning Ordinance Section
is hereby DENIED.
from the required
202.16.5.5.a.2.).
parking space
Deviation (1)
Deviation (2) is a request to deviate from the requirement to connect to
adjoining
property (Development Standards Ordinance Sections 9.N.
and
to
only
provide
the
connection
if
mutually
agreed
upon
by
all
par0.1,
ties.
Deviation (2) is hereby APPROVEDto only provide the connection
if mutually agreed upon by all parties.
Deviation
(3) is a request
to deviate
from the
required
open
space
13.C.l.c.),
to allow
amount (Development Standards Ordinance Section
adoption
of an open space table (in compliance with Zoning Ordinance
Section
804.02.C.3),
subject to compliance with Condition 7. Deviation
(3) is hereby APPROVEDsubject to compliance with Condition ~6.
Site Plan 94-010 is attached hereto and incorporated
as a reduced copy of the Master Concept Plan.
herein
by reference,
The following
findings and conclusions were made in conjunction
approval of Commercial Planned Development zoning:
this
A.
That the predominant uses of the surrounding
the CPD, as conditioned,
appropriate.
B.
That thelamended CPD, as conditioned,
the intent of the Zoning Ordinance.
C.
That the CPD, as conditioned,
is consistent
with the goals, objectives,
and intent of the Lee Plan, and with
the densities,
intensipolicies,
ties, and general uses set forth for the proposed use.
D.
That the C&;-as conditioned,
meets or exceeds all
tional standards set forth for the proposed use.
E.
conserve, preserve
all
That the CPD, as conditioned,
will protect,
protected
and endangered species, natural
habitat and vegetation,
in
accordance with the Lee Plan and other Lee County development
regulations.
HEARING NUMBER94-03-22-DCI-01
9750
will
property,
with
makes approval
not have an adverse impact
performance
of
on
and loca-
RESOLUTIONNUMBERZ-94-010
Page 3 of 4
,
.
,
F.
That the CPD, as conditioned,
will be compatible with existing
or planned
uses and will not cause damage, hazard,
nuisance, or other detriment to
persons or property.
G.
That the CPD, as conditioned,
will not place an undue burden upon existor other services and facilities,
and will be served
ing transportation
streets
with
the capacity
traffic
generated by the
to carry
by
development.
H.
That the commercial uses, as conditioned
in this recommendation, will be
in compliance with all applicable
general
zoning provisions
and supplemental
regulations
pertaining
to the use, as set forth elsewhere in the
Zoning Ordinance.
I.
That the proposed use is appropriate
vicinity
of the subject property.
J.
That the recommended conditions
are reasonably related
expected from or created by the proposed development.
K.
That the recommended conditions
and other Lee County development regulations
provide sufficient
safeguards to the public
health, safety
and
welfare.
L.
That the deviations,
as conditioned,
enhance the achievement
objectives
of the CPD and preserve and promote the protection
public health, safety and welfare.
on the
subject
property
and in the
to the impacts
of the
of the
The foregoing Resolution was adopted by the Lee County Board of County
Commissioners
upon a motion by Commissioner John E. Manning, and seconded by
Commissioner
John E. Albion and, upon being put to a vote, the result was as
follows:
John E. Manning
Douglas R. St. Cerny
Ray Judah
Franklin B. Mann
John E. Albion
DULY PASSEDAND ADOPTEDthis
AYe
AYe
AYe
AYe
AYe
2nd day of May, A.D.,
1994.
BOARDOF COUNTYCOMMISSIONERS
OF LEE COUNTY, FLORIDA
Approved as to form by:
HEARING NUMBER94-03-22-DCI-01
9750
RESOLUTIONNUMBERZ-94-010
Page 4 of 4
zi ‘-,
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iF
ADMINISTRATIVE
AMENDMENT
(PD) ADD2003-00158
ADMINISTRATIVE
AMENDMENT
LEE COUNTY, FLORIDA
WHEREAS, Koreshan 36 Partnership, LLP filed an application for administrative
approval to a Commercial Planned Development on a project known as Koreshan 36 to:
1.
Increase the size of Parcel A from 10.8 acres to 13.5 acres;
2.
Increase the open space from 10.92 acres to 12.80 acres;
3.
Relocate the access points on Three Oaks Parkway to conform to the road
improvement plans for Three Oaks Parkway and provide for connection
separation of 660+/- feet and 555+/- feet as shown on the revised Master
Concept Plan
on property located at 9701 Koreshan Boulevard, described more particularly as:
LEGAL DESCRIPTION:
County, Florida:
Legal description
In Section 22, Township
46 South, Range 25 East, Lee
attached hereto as EXHIBIT ‘A
WHEREAS, the propettywas originally rezoned in case number94-03-22-DCI-01
subsequent amendments in case numbers DOS2003-00093); and
(with
WHEREAS,
the Lee County Land Development
Code provides for certain
administrative changes to planned development master concept plans and planned unit
development final development plans; and
WHEREAS, Lee County Department of Transportation and Lee County Environmental
Sciences has reviewed and approved the proposed changes; and
WHEREAS, The northern access point on Three Oaks Parkway will be limited to rightin/right-out turning movement; and
WHEREAS, the southern access point on Three Oaks Parkway will be limited to rightin/right-out, and left-in turning movements; and
WHEREAS, the relocation of the access points on Three Oaks Parkway will facilitate
better traffic circulation for this parcel; and
WHEREAS,
Parcel A will increase from 10.8 acres to 13.5 acres; and
WHEREAS, the total open space has been increased to accommodate
buildable area; and
the larger
WHEREAS, total amount of permitted square-footage
is not being increased
increase in area for parcel A will not constitute an increase in intensity; and
CASE NO. ADD2003-00158
the
Page 1 of 2
WHEREAS, the subject application and plans have been reviewed by the Lee County
Department of Community Development in accordance with applicable regulations for
compliance with all terms of the administrative approval procedures; and
WHEREAS, it is found that the proposed amendment does not increase density or
intensity within the development; does not decrease buffers or open space required by the
LDC; does not underutilize public resources or infrastructure; does not reduce total open
space, buffering, landscaping or preservation areas; and does not otherwise adversely impact
on surrounding land uses.
NOW,
administrative
APPROVED
1.
2.
3.
THEREFORE,
IT IS HEREBY DETERMINED
that the application for
approval for an amendment to Commercial
Planned Development
is
to:
Increase the size of Parcel A from 10.8 acres to 13.5 acres;
Increase the open space from 10.92 acres to 12.80 acres;
Relocate the access points on Three Oaks Parkway to conform to the road
improvement plans for Three Oaks Parkway and provide for connection
separation of 660+/- feet and 555+/- feet as shown on the revised Master
Concept Plan.
Approval
is subject
to the following
conditions:
1.
The Development must be in compliance with the amended Master Concept Plan,
dated October 2003 and stamped received by the zoning counter on October 31,
2003. Master Concept Plan for ADD2003-00158
is hereby APPROVED and
adopted. A reduced copy is attached hereto.
2.
The terms and conditions
and effect.
of the original
DULY SIGNED this
dayof
”b-d
6%-L
zoning
resolutions
, A.D., 2003.
&A.BY: \iL
Pam Houck, Director
Division of Zoning
Department of Community
CASE NO. ADD2003-00158
remain in full force
Development
Page 2 of 2
Ott
WUNIY,
FLORIDA.
(AS PER TITLE COMMITMENT No. CF 12 11943)
OF SECTION 22, TOWNSHIP 46
.4 PORTION OF THE SOlJTHEAST OUARTER (SE1/4)
SOUTH, RANGE 25 EAST, LEE COUNTY. FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
.
_
COMMENCE AT THE .;‘OlJTHEAST CORNER OF SECTION 22. TOWNSHIP 46 SOUTH,
7ANGE 25 EAST, LEL: COUNTY, FLORIDA, THE SAME BEING THE POINT OF
!NTERSECTION OF ThE CENTERLINE OF KORESHAN BOULEVARD AS THE SAME IS
SHOWN ON THE RIGHT OF WAY MAP OF SAME PREPARED BY INK ENGINEERING,
INC., DATED 10/6/69,
WITH THE WESTERLY RIGHT OF WAY LINE OF THREE OAKS
PARKWAY. A 100.00 .FOOT RIGHT OF WAY; THENCE RUN NOO-.52*52”z ALONG
THE EAST LINE OF THE SOUTHEAST OUARTER (SE1/4)
OF SAID SECTION 22, THE
SAME BEING THE WESTERLY RIGHT OF WAY LINE OF THREE OAKS PARKWAY,
FOR A DISTANCE OF 127.65 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY
LINE OF KORESHAN BOULEVARD AND THE POINT OF BEGINNING OF THE PARCEL
3F LAND HEREIN DESCRIBED:
THENCE CONTINUE NOO’52’52’E ALONG THE
WESTERLY RIGHT OF WAY LINE OF THREE OAKS PARKWAY, FOR A DISTANCE OF
I 161.57 FEET; THENCE RUN ~88-38’59:‘~
PARALLEL WITH THE SOUTH LINE OF
THE SOUTHEAST QUARTER (SE1/4)
OF SAID SECTION 22. FOR A DISTANCE OF
1312.87 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF (E1/2)
OF THE
SOUTHEAST QUARTER (SEl/4)
OF SAID SECTION 22; THENCE RUN SOD-07’09 “‘E
ALONG THE WEST LIi’.‘E OF THE EAST HALF (El/2)
OF THE SOUTHEAST QUARTER (SE1/4)
OF SAID SECTION 22. FOR A DISTANCE OF 1213.58 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF KORESHAN BOULNARD; THENCE RUN
N88=38’59”E ALONG THE NORTHERLY RIGHT OF WAY LINE OF KORESHAN
BOULEVARD, FOR A DISTANCE OF 611.99 FEET; THENCE RUN N87’54’47’x
ALONG THE NORTHERLY RIGHT OF WAY LINE OF KORESHAN BOULEVARD. FOR A
DISTANCE OF 350.03 FEET; THENCE RUN N88.38’59”E
ALONG THE NORTHERLY
‘RIGHT OF WAY LINE OF KORESHAN BOULEVARD, FOR A DISTANCE OF 286.82 FEET
TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHWESTERLt THENCE RUN NORTHEASTERLY. ALONG THE ARC OF SAID
CURVE TO THE LER, HAVING A R4DiUS OF 50.00 FEET, THROUGH A CENTRAL
ANGLE OF 87’46’07’:
SUBTENDED BY A CHORD OF 69.32 FEET AT A BEARING
OF N44’45’56”E.
FOR A DISTANCE OF 76.59 FEET TO THE POINT OF BEGINNING.
RPD
IMPROVED
/
15’
8’ HlUl
BUFFER
WAU
_____/-----A
--
---
---
8’HlCH wbu
_
-5
30'BUFFER
,5' BUFFER
_
,
--
OUTPARCEL
1.53
8
REQUEST:
2)
PARCEL
OUTPARCELS ON
150’ x 220’.
6)
MAXIMUMUM
7)
UNLESS OTHERWISE SPECIFIED,
ABOVE FINISHED GRADE.
8)
OPEN
SPACE
WILL
OPEN
SPACE
REQUIRED
0
l
4.41
l *7.19
AG-2
VACANT
ROAD
i
9)
IN:
6E PROVIDED
@ 30%
WILL
BOULEVARD
HAVE A MINIMUM
MAlN CENTER
FRONTAGE OUTPARCELS
QFICES
TOTAL
MAXIMUM
AS
BUILDING
HEfGHT
AND
THREE
DIMENSION
OF
170.000
80,000
50.000
300,000
S.F.
S.F.
S.F.
S.F.
WILL BE 50
FOLLOWS:
10.89
ACRES
3.24
4.06
2.72
2.76
12.60
ACRES
ACRES
ACRES.
ACRESACRES
ACRE LAKE USED AS A MAXIMUM OF 25% REOUIRED OPEN SPACE
to.89
ACRES (REQUIRED 30% OPEN SPACE) x 25% = 2.72 ACRES
ACRES (TOTAL LAKE TRACT) - 4.41 ACRES (LAKE ARE*) = 2.78 ACRES
PARKING REQUIREMENTS WILL BE THOSE IN EFFECTAT THE TIME OF CPD
APPROVAL,
EXCEPT AS NOTED IN THE DEVIATION SECTION IN REGARD TO
DEAD STORAGE.
SUBSE‘,UEENT
LESS STRINGENT PARKING REOUIREMENTS
APPROVED COUNTY-WIDE
MAY REPLACE THE INITIAL PARKING REQUIREMENTS
BY THE DIRECTOR OF OCO.
10)
TEMPORARY AGRICULTURE USE:
ALL AGRICULTURAL USES ARE PERMITTED
ON THE SUBJECT PROPERN
OR PORTIONS THEREOF THAT HAVE NOT UNDERGONE LEE COUNTY SUBDIVISION
DEVELOPMENT ORDER REVIEW AND APPROVAL
LAND THAT HAS NOT UNDERGONE LEE COUNTY SUBOIVISION
DEVELOPMENT
ORDER REVIEW AN0 PLATTING MAY BE USED FOR THE RAISING OF CROPS,
LIVESTOCK,
HORTICULTURE.
NURSERIES. FORESTRY AND GREENHOUSES As
A PERMITED
USE.
11)
THE REVERSE FRONTAGE ROAD SHOWN
ACCESS STREET REQUIREMENT.
’
CPD
VACANT
FRONTAGE
FLOOR AREAS
OPEN SPACE PROVIDED:
OUTPARCELS @ 25X
PARCEL “A” B 309
LAKE AREA
D
LAKE TRACT
TOTAL
CPD
VACANT
DEVELOPMENT.
5)
1
CHURCH
IMPROVED
PLANNED
SETBACKS/COVERAGE
FOR OUTPARCELS ON KORESHAN
OAKS PARKWAY:
FRONT:
PER SECTION 202.16.6
SIDE:
*
REAR:
$9
MAXIMUM BUILDING COVERAGE:
40%
7
PARCEL “A’
13.54 AC.
TO COMMERCIAL
ACRES
4)
RPD
VACANT
AC.
FROM AG-2
36.3t
PERMITTED USES:
ALL USES PERMIlTED
BY RIGHT, SPECIAL ExCEPTION,
AND SPECIAL PERMIT IN THE CC ZONING DISTRICT AND ALL USES PERMITTED IN
THE CPD DISTRICT AND TEMPQRY PIG-2 USES WITH THE FOLLOWING EXCLUSIONS:
AIRCRAFT LANDING FACILITIES. PRIVATE (df) (SECTION 503):
AMUSEMENT PARK: CLUB. COUNTRY (df)
- ACCESSORY TO A RECREATION
FACILITY; CLUB, PRIVATE (dt)
- ACCESSORY TO A RESIDENTIAL USE;
DWELLING UNIT, MULTIPLE FAMILY; DWELLING UNIT. TOWNHOUSE:
EXCAVATION/MINING;
FLEA MARKET. INDOOR (df).
OPEN (df):
FOOD AND KINDRED PRODUCTS. MANUFACTURING;
FREIGHT AN0 CARGO
HANDLING ESTABLISHMENTS:
GOLF COURSE; GROUP QUARTERS; HOSPICE;
MARINA: MOBILE HOME DEALER: MOTOR FREIGHT TERMINAL: PARKS,
PUBLIC AND PRIVATE; RACE TRACKS; RECREATION CENTER; RESIDENTIAL
ACCESSORY USES: RECREATIONAL FACILITIES, PERSONAL. PRIVATE AND
PUBLIC; RUBBER AND PLASTICS PRODUCTS MANUFACTURING
- GROUP I,;
TOWERS, COMMUNICATION;
TRUCK STOP: TRUCKING TERMINAL.
AG-2
VACANT
1.56
REZONE
SIZE:
3)
AC.
OUTPARCEL
NOTES/STANDAFlW
1)
ON THE MCP WILL SERVE ANY
CQUNN
I)
DEVIATION FROM (SECTION 202.f.5.~.5.~.2.)
FROM THE REQUIRED 4.5 PARKING
SPACES/1000
SQUARE FEET. TO 4.5 SPACES/l000
SOUARE FEET, EXCEPT FOR
USES, SUCH AS FOOD STORES AND SIMILAR USES WITH LARGE “DEAD STORAGE’
AREAS WHICH SHALL INSTEAD PROVIDE 1 SPACE/600
SQUARE FEET FOR THOSE
AREAS WHICH ARE CLEARLY ‘DEAD STQRAGf.
2)
DEVIATION FROM DSO 9.N. AND 0. TO NOT REQUIRE A STREET STUB TO
COUNTRY OAKS SUBOIVISIQN TO THE NORTH. UNLESS MUTUALLY AGREED TO
BETWEEN LEE COUNN
AND THE HOMEOWNER’S ASSOCIATION OF COUNTRY OAKS,
AN0 THE APPLICANT IS NOTIFIED PRIOR TO OS0 APPROVAL.
3)
DEVIATION FROM DSO 13.C.l.c.
FROM THE REQUIRED MINIMUM OPEN SPACE
IN COMMERCIAL OEVELOPMENTS To ALLOW OPEN SPACE TO BE IN ACCORDANCE
WITH ZONING ORDINANCE SECTION 804.02.C.3.
(OPEN SPACE TABLE - SEE
NOTE #S ABOVE).
DWG. NO.
0212